And no extensions – Nearly Legal

Posted May 20th, 2022 in appeals, housing, judicial review, landlord & tenant, local government, news, repossession by sally

‘The Court of Appeal was faced with the question of whether a local authority had the power to extend time for a flexible tenant to request a review of the authority’s decision not to offer a new fixed term at the end of the initial fixed term beyond the 21 days provided for in section 107E Housing Act 1985. At first instance judicial review, the High Court had held there was no such power (our report here). Ms Kalonga appealed.’

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Nearly Legal, 19th May 2022

Source: nearlylegal.co.uk

New Judgment: R v Maughan (Northern Ireland) [2022] UKSC 13 – UKSC Blog

Posted May 20th, 2022 in appeals, burglary, guilty pleas, news, Northern Ireland, sentencing, Supreme Court by sally

‘This appeal concerns the discount which convicted criminals in Northern Ireland are entitled to when they are sentenced.’

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UKSC Blog, 18th May 2022

Source: ukscblog.com

International law should be applied to cyberspace, Attorney General to say – The Independnet

Posted May 20th, 2022 in attorney general, computer crime, international law, internet, news, Russia, Ukraine, war by sally

‘International law should be applied to cyberspace to make it clear when a nation state has acted unlawfully and what action can be legally taken in response to a cyberattack, the Attorney General will say.’

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The Independent, 19th May 2022

Source: www.independent.co.uk

Archie Battersbee: Judge sets date to decide on future of Southend boy in coma – BBC News

Posted May 20th, 2022 in children, doctors, families, medical treatment, news by sally

‘A High Court judge has set a timetable for decisions on the future of a boy at the centre of a treatment dispute after suffering brain damage.’

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BBC News, 19th May 2022

Source: www.bbc.co.uk

‘Ella’s law’ bill seeks to establish right to clean air in UK – The Guardian

Posted May 20th, 2022 in bills, children, environmental health, health, news, pollution by sally

‘A new clean air law is starting out in parliament after the Green party peer Jenny Jones won first place in the House of Lords ballot for private members’ bills.’

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The Guardian, 20th May 2022

Source: www.theguardian.com

When can parental responsibility be removed from a terrible parent? – Transparency Project

Posted May 19th, 2022 in children, domestic violence, imprisonment, married persons, murder, news, parental responsibility by sally

‘In the summer of 2021, Jade Ward was killed by her estranged husband Russell Marsh at their family home. He is now serving a life sentence for her murder. She leaves behind four little boys who are now being raised by her mother and other family members. This is not an isolated tragedy. Each year, many women are killed by their partners or former partners, and it is likely that many of those will have children.’

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Transparency Project, 18th May 2022

Source: transparencyproject.org.uk

Alerter by Tim Green QC and Douglas Maxwell – Building Safety Bill Receives Royal Assent – Henderson Chambers

Posted May 19th, 2022 in bills, building law, defective premises, news, regulations by sally

‘On 29 April 2022, the Building Safety Bill received Royal Assent and has become the Building Safety Act 2022 (the “BSA”). The BSA gives effect to policies set out in the Government response to the “Building a Safer Future” consultation, and Dame Judith Hackitt’s interim and final report undertaken as part of an independent review of building regulations and fire safety.’

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Henderson Chambers, 3rd May 2022

Source: www.hendersonchambers.co.uk

Claimant Benevolence in a Clinical Negligence Setting, by Tom Bourne-Arton – Farrar’s Building

Posted May 19th, 2022 in birth, causation, expert witnesses, hospitals, negligence, news, personal injuries by sally

‘Tom Bourne-Arton reviews the relatively recent case of Richins v Birmingham Women’s and Children’s NHS Foundation Trust [2022] EWHC 847 (QB) in which HHJ Kelly had to consider, amongst other matters, whether it was appropriate to apply “Claimant benevolence” otherwise known as “Keefe benevolence” when determining causation.’

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Farrar's Building, 4th May 2022

Source: www.farrarsbuilding.co.uk

Planon v Gilligan: Court of Appeal considers interim enforcement of non-competes – Littleton Chambers

Posted May 19th, 2022 in appeals, competition, contract of employment, damages, delay, injunctions, news, restrictive covenants by sally

‘Lucy Bone discusses the CA’s judgment in Planon v. Gilligan, which considered the correct approach to enforceability of a non-compete covenant at an interim injunction, and how to apply the second and third limbs of American Cyanamid in such cases.’

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Littleton Chambers, 17th May 2022

Source: littletonchambers.com

Family of teenager stabbed to death gets judicial review into inquest findings – The Independent

Posted May 19th, 2022 in homicide, inquests, judicial review, news, offensive weapons, standard of proof, young offenders, young persons by sally

‘The family of a teenager stabbed to death in an upmarket Cheshire village has won the right to have a judicial review into his inquest findings.’

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The Independent, 18th May 2022

Source: www.independent.co.uk

Revision and variation of costs budgets on account of significant developments: Consequences of failing to obtain the court’s approval – Guildhall Chambers

Posted May 19th, 2022 in budgets, civil procedure rules, costs, news by sally

‘Once a Costs Management Order (“CMO”) has been made, parties are required to revise costs budgets if significant developments in the litigation warrant such revisions. If the revised costs budgets are not agreed, the Court’s approval of the variations must be sought by the revising party. The requirements for revisions to costs budgets and approval by the Court were in 3PD Paragraph 7.6 and, following amendments in 2020, are now in CPR 3.15A under the heading “Revision and variation of costs budgets on account of significant developments (‘variation costs’)”.’

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Guildhall Chambers, 2nd May 2022

Source: www.guildhallchambers.co.uk

Equalising goal: Law Society proposes SLAPP curbs – Law Society’s Gazette

Posted May 19th, 2022 in costs, freedom of expression, Law Society, news, public interest by sally

‘The Law Society has today echoed calls for a clampdown on so-called “lawfare”, but warned of “unintended consequences” if reforms are not properly thought through.’

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Law Society's Gazette, 19th May 2022

Source: www.lawgazette.co.uk

BBC to air MI5 agent investigation following High Court ruling – The Independent

Posted May 19th, 2022 in anonymity, BBC, informers, intelligence services, news, public interest by sally

‘The BBC said a High Court ruling will allow it to broadcast a programme about a man it is claimed exploited his status as an MI5 informant.’

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The Independent, 18th May 2022

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 19th, 2022 in legislation by sally

SI 2022/548 – The Value Added Tax (Reverse Charge Sales Statements) (Revocation, Saving and Transitional Provision) Regulations 2022

SI 2022/547 – The Fire Safety (England) Regulations 2022

SI 2022/545 – The Protection of Trading Interests (Authorisation) (Amendment) Regulations 2022

SI 2022/553 – The Domestic Abuse Act 2021 (Commencement No. 4) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 19th, 2022 in law reports by sally

Supreme Court

Maughan, R. v (Northern Ireland) [2022] UKSC 13 (18 May 2022)

Court of Appeal (Civil Division)

Kalonga, R (On the Application Of) v London Borough of Croydon [2022] EWCA Civ 670 (17 May 2022)

Al-Rawas & Anor v Hassan Khan & Co & Anor [2022] EWCA Civ 671 (17 May 2022)

Court of Appeal (Criminal Division)

Musharraf v The Queen [2022] EWCA Crim 678 (18 May 2022)

High Court (Administrative Court)

Bogdan v Judge of Law Enforcement at Veszprem Regional Court, Hungary [2022] EWHC 1149 (Admin) (18 May 2022)

Johnson & Ors, R (On the Application Of) v The Lord Chancellor [2022] EWHC 1175 (Admin) (17 May 2022)

High Court (Chancery Division)

Veasey v Macdougall & Ors [2022] EWHC 1179 (Ch) (17 May 2022)

High Court (Commercial Court)

Piraeus Bank AE v Antares Underwriting Ltd & Ors [2022] EWHC 1169 (Comm) (17 May 2022)

National Investment Bank Ltd v Eland International (Thailand) Co Ltd & Anor [2022] EWHC 1168 (Comm) (17 May 2022)

PMAX Queen Shipping Ltd & Anor v Olam Agricola LTDA & Ors [2022] EWHC 1198 (Comm) (17 May 2022)

High Court (Queen’s Bench Division)

HM Attorney General for England And Wales v British Broadcasting Corporation (BBC) (No. 3) [2022] EWHC 1189 (QB) (18 May 2022)

Blake & Ors v Fox (Re Trial by Jury) [2022] EWHC 1124 (QB) (18 May 2022)

Fulham Football Club v Jones [2022] EWHC 1108 (QB) (18 May 2022)

Phoebe Charmaine Pickering v Cambridge University Hospitals NHS Foundation Trust [2022] EWHC 1171 (QB) (17 May 2022)

Wright v Granath [2022] EWHC 1181 (QB) (17 May 2022)

Source: www.bailii.org

E-Scooters: The Current Framework – Part 1 – Guildhall Chambers

Posted May 18th, 2022 in accidents, bills, chambers articles, compensation, insurance, news, personal injuries, road safety, road traffic, transport by sally

‘The Queen’s speech 2022 has confirmed what has been widely anticipated by the media and the legal sector – e-scooters will now become a permanent feature on public roads and new legislation is expected under the Transport Bill.’

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Guildhall Chambers, 12th May 2022

Source: www.guildhallchambers.co.uk

Alerter by Kathleen Donnelly and Thomas Evans – No Relief from Missed Cut-Off Date – Henderson Chambers

Posted May 18th, 2022 in chambers articles, delay, news, solicitors, time limits by sally

‘Claimants who missed the cut-off date for joining the VW NOx Emissions Group Litigation were refused relief from sanction in Baker & Ors v VWAG & Ors [2022] EWHC 810 (QB).’

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Henderson Chambers, 9th May 2022

Source: www.hendersonchambers.co.uk

Limitation and Retrospective Effect: Abdelsalam v Expresso Telecom Group Ltd – Littleton Chambers

Posted May 18th, 2022 in appeals, chambers articles, employment, limitations, news, time limits by sally

‘James Bickford Smith and James Green review the recent judgment of the Dubai International Financial Centre Court of Appeal in Abdelsalam v Expresso Telecom Group [2021] DIFC CA 011. The decision resolved uncertainty as to whether the 2019 Employment Law could render earlier-issued claims under the 2005 Law out of time, and confirmed the presumption that DIFC law should not have retrospective effect.’

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Littleton Chambers, 11th May 2022

Source: littletonchambers.com

R v Daniels: returning instructions – Doughty Street Chambers

Posted May 18th, 2022 in appeals, barristers, chambers articles, legal representation, news by sally

‘Professionally embarrassed? The circumstances in which criminal barristers may return instructions to appear at trial have become clearer following the Court of Appeal judgment in R v Daniels.’

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Doughty Street Chambers, 10th May 2022

Source: insights.doughtystreet.co.uk

Costs in Contempt Proceedings – Francis Taylor Building

Posted May 18th, 2022 in appeals, chambers articles, costs, injunctions, news, trespass by sally

‘The Court of Appeal has handed down judgment in The Secretary of State for Transport and High Speed 2 Ltd v Cuciurean [2022] EWCA Civ 661 (link), an appeal against a costs order made against Mr Cuciurean after his committal for contempt for breaching an anti-trespass injunction. The breaches arose in the context of Mr Cuciurean’s opposition to and desire to protest against the HS2 project.’

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Francis Taylor Building, 16th May 2022

Source: www.ftbchambers.co.uk