Non-Binary Passports: R (on the application of Elan-Cane) (Appellant) v Secretary of State for the Home Department (Respondent) [2021] UKSC 56 – UK Human Rights Blog

Posted July 4th, 2022 in appeals, equality, gender, government departments, human rights, news, passports, Supreme Court by sally

‘The Appellant in R (on the application of Elan-Cane) (Appellant) v Secretary of State for the Home Department (Respondent) [2021] UKSC 56 was assigned female at birth, however during and after puberty they felt revulsion at their body and underwent surgery in 1989 and 1990 to alleviate those feelings. The Appellant who identifies as non-gendered, is a campaigner for the legal and social recognition of this category. The provision of “X passports” are a focal point of the Appellant’s campaign.’

Full Story

UK Human Rights Blog, 4th July 2022

Source: ukhumanrightsblog.com

A Response to the Criminal Justice Joint Evidence Review: Neurodiversity in the Criminal Justice System action plan – Ministry of Justice

Posted July 4th, 2022 in criminal justice, learning difficulties, mental health, Ministry of Justice, news by sally

‘In December 2020, the Lord Chancellor and Secretary of State for Justice commissioned HM Inspectorate of Prisons and HM Inspectorate of Probation, with support from HMICFRS, to undertake an independent review of neurodiversity in the criminal justice system (CJS).’

Full plan

Ministry of Justice, 30th June 2022

ECHR dismisses discrimation claim against council housing policy for Orthodox Jewish community – Local Government Lawyer

Posted July 4th, 2022 in equality, housing, human rights, Judaism, local government, news, references to European Court by sally

‘A legal challenge claiming the London Borough of Hackney’s decision not to refer a mother to a housing association on the basis of her not being part of the Orthodox Jewish Community (OJC) has been unanimously dismissed by the European Court of Human Rights (ECHR).’

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Local Government Lawyer, 1st July 2022

Source: www.localgovernmentlawyer.co.uk

Article 2 inquest determination concerning Community Mental Health Services quashed – Local Government Lawyer

Posted July 4th, 2022 in children, human rights, inquests, local government, mental health, news, statutory duty, suicide by sally

‘Dominic Ruck Keene outlines a case in which an article 2 inquest determination concerning Community Mental Health Services was quashed.’

Full Story

Local Government Lawyer, 1st July 2022

Source: www.localgovernmentlawyer.co.uk

Law firm overturns costs bill misconduct ruling – Legal Futures

Posted July 4th, 2022 in appeals, civil procedure rules, costs, law firms, news, professional conduct, solicitors by sally

‘The rules on misconduct in the CPR do not apply to solicitor/client costs assessments, the High Court has decided in overturning a finding against a Manchester law firm.’

Full Story

Legal Futures, 4th July 2022

Source: www.legalfutures.co.uk

Civil Justice Council kicks off ‘holistic’ review of costs – Law Society’s Gazette

Posted July 4th, 2022 in civil justice, consultations, costs, news by sally

‘The Civil Justice Council has set in motion a possible shake-up of the civil costs regime with the start of a wide-ranging consultation. The judicial-led group will look at the key areas of costs budgeting, guideline hourly rates, the impact of digitisation and portals, and the consequences of the extension of fixed recoverable costs.’

Full Story

Law Society's Gazette, 1st July 2022

Source: www.lawgazette.co.uk

Claimant loses £49k damages as High Court overturns ‘injustice’ finding – Law society’s Gazette

Posted July 4th, 2022 in accidents, damages, deceit, fundamental dishonesty, insurance, news, personal injuries by sally

‘An injured person who claimed more than £500,000 for lost earnings – while hiding the fact he was still in paid work – has lost his entire damages award because of fundamental dishonesty.’

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Law Society's Gazette, 1st July 2022

Source: www.lawgazette.co.uk

Women accused of illegal abortions in England and Wales after miscarriages and stillbirths – The Guardian

Posted July 4th, 2022 in abortion, criminal justice, news, pregnancy by sally

‘Women in England and Wales who have suffered miscarriages or stillbirths are being investigated by police on suspicion of having illegal abortions, with some forced to hand over their phones and laptops for invasive “digital strip searches”.’

Full Story

The Guardian, 2nd July 2022

Source: www.theguardian.com

West Sussex council ordered to pay £2,000 to mother of child with special needs – BBC News

Posted July 4th, 2022 in children, compensation, disabled persons, education, learning difficulties, local government, news, ombudsmen, special educational needs by sally

‘A mother of a child with special needs has been paid £2,000 by a council for failures involving his education, health and care plan. The mother – known as Ms C – turned to the Local Government & Social Care Ombudsman after making a complaint to West Sussex County Council. The ombudsman has upheld her complaint, according to the Local Democracy Reporting Service.’

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BBC News, 4th July 2022

Source: www.bbc.co.uk

Courts ‘in limbo’ as barristers strike for second week – BBC News

Posted July 4th, 2022 in barristers, criminal justice, fees, government departments, industrial action, news, remuneration by sally

‘Criminal cases in courts across England and Wales face further disruption as barristers enter a second week of strike action. The walkouts began last week in a long-running dispute over pay and conditions.’

Full Story

BBC News, 4th July 2022

Source: www.bbc.co.uk

New regulations solve cross-border hybrid hearing issues – OUT-LAW.com

Posted July 1st, 2022 in foreign jurisdictions, news, remote hearings, video recordings by sally

‘New regulations issued this week give courts in England and Wales new powers to permit individuals overseas to watch transmissions of ‘hybrid’ court hearings combining both in-person and remote participants.’

Full Story

OUT-LAW.com, 1st July 2022

Source: www.pinsentmasons.com

FTH v Varis Developments – adjudication and insolvency meet head on again – Practical Law: Construction Blog

Posted July 1st, 2022 in appeals, company law, construction industry, enforcement, insolvency, news, Supreme Court by sally

‘In its decision in Bresco v Lonsdale, the Supreme Court confirmed that insolvent companies have the statutory and contractual right to adjudicate construction disputes, even if that claim is affected by insolvency set-off.’

Full Story

Practical Law: Construction Blog , 29th June 2022

Source: constructionblog.practicallaw.com

Recent Statutory Instruments – legislation.gov.uk

Posted July 1st, 2022 in legislation by sally

SI 2022/716 – The Criminal Justice and Courts Act 2015 (Commencement No. 8) Order 2022

SI 2022/711 – The Building Safety (Leaseholder Protections) (England) Regulations 2022

SI 2022/701 – The Solicitors Act 1974 and Administration of Justice Act 1985 (Amendment) Order 2022

SI 2022/743 – The Care and Support (Charging and Assessment of Resources) (Amendment) (No. 2) Regulations 2022

SI 2022/742 – The Gender Recognition (Disclosure of Information) (England) Order 2022

SI 2022/741 – The Local Government (Exclusion of Non-commercial Considerations) (England) Order 2022

SI 2022/739 – The Official Controls (Plant Health) (Frequency of Checks) Regulations 2022

SI 2022/735 – The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022

SI 2022/734 – The Health and Care Act 2022 (Commencement No. 2 and Transitional and Saving Provision) Regulations 2022

SI 2022/730 – The Land Registration (Amendment) Rules 2022

SI 2022/727 – The Goods Vehicles (Licensing of Operators) (Amendment) (No. 2) Regulations 2022

SI 2022/726 – The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2022

SI 2022/725 – The Register of Overseas Entities (Verification and Provision of Information) Regulations 2022

SI 2022/723 – The Registered Pension Schemes (Authorised Member Payments) Regulations 2022SI

SI 2022/720 – The Coasting Schools (England) Regulations 2022

SI 2022/717 – The Parole Board (Amendment) Rules 2022

SI 2022/708 – The Accounts and Audit (Amendment) Regulations 2022

SI 2022/707 – The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022

SI 2022/746 – The Police, Crime, Sentencing and Courts Act 2022 (Consequential Provision) Regulations 2022

SI 2022/724 – The Education (Careers Guidance in Schools) Act 2022 (Commencement) Regulations 2022

SI 2022/721 – The Pension Schemes Act 2021 (Commencement No. 6 and Transitional Provision) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 1st, 2022 in law reports by sally

Supreme Court

Hastings v Finsbury Orthopaedics Ltd & Anor (Scotland) [2022] UKSC 19 (29 June 2022)

Court of Appeal (Civil Division)

Da Silva v Heselton & Ors (Re Estate of Gladys Dulcie Townsend) [2022] EWCA Civ 880 (30 June 2022)

Baptie v The Royal Borough of Kingston Upon Thames [2022] EWCA Civ 888 (30 June 2022)

D (A Child: Placement Order), Re [2022] EWCA Civ 896 (30 June 2022)

Dwyer (UK Franchising) Ltd v Fredbar Ltd & Anor (Rev1) [2022] EWCA Civ 889 (30 June 2022)

Court of Appeal (Criminal Division)

Peace, R. v [2022] EWCA Crim 879 (29 June 2022)

High Court (Administrative Court)

General Medical Council v Mok [2022] EWHC 1651 (Admin) (29 June 2022)

Brockwell v Westminster Magistrates Court & Anor (Rev1) [2022] EWHC 1662 (Admin) (29 June 2022)

High Court (Chancery Division)

In the Matter of Nostrum Oil & Gas Plc [2022] EWHC 1646 (Ch) (30 June 2022)

Barings (UK) Ltd & Ors v Galapagos SA [2022] EWHC 1633 (Ch) (30 June 2022)

Ocado Group Plc & Anor v McKeeve [2022] EWHC 1663 (Ch) (29 June 2022)

High Court (Commercial Court)

National Iranian Oil Company v Crescent Petroleum Company International Ltd & Anor [2022] EWHC 1645 (Comm) (30 June 2022)

High Court (Patents Court)

Neurim Pharmaceuticals (1991) Ltd & Anor v Teva UK Ltd [2022] EWHC 1641 (Pat) (29 June 2022)

High Court (Technology and Construction Court)

Camelot UK Lotteries Ltd v The Gambling Commission [2022] EWHC 1664 (TCC) (29 June 2022)

Source: www.bailii.org

Lord Hamblen, Keynote Speech – Supreme Court

Posted July 1st, 2022 in barristers, expert witnesses, judges, judiciary, speeches by sally

‘Lord Hamblen, Keynote Speech. Expert Witness Institute Online Conference 2022.’

Full speech

Supreme Court, 30th June 2022

Source: www.supremecourt.uk

Extra powers for regulators to clamp down on rule-breaking solicitors – Ministry of Justice

Posted July 1st, 2022 in disciplinary procedures, fines, law firms, news, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘The Solicitors Regulation Authority (SRA) will be given new powers to fine rule-breakers up to £25,000, under measures introduced today (29 June 2022).’

Full Story

Ministry of Justice, 29th June 2022

Source: www.gov.uk

Parole hearings to be heard in public for the first time – Ministry of Justice

Posted July 1st, 2022 in Ministry of Justice, news, parole, victims by sally

‘Victims, members of the public and the media will be able to ask for a parole hearing to be heard in public for the first time, following law changes being made today (30 June 2022).’

Full Story

Ministry of Justice, 30th June 2022

Source: www.gov.uk

Defendant fined £26k after failing to comply with planning enforcement notices – Local Government Lawyer

Posted July 1st, 2022 in enforcement notices, fines, local government, news, planning by sally

‘A Wiltshire man has been ordered to pay more than £26,000 after Wiltshire Council prosecuted him for non-compliance with planning enforcement notices at a site in Bromham.’

Full Story

Local Government Lawyer, 29th June 2022

Source: www.localgovernmentlawyer.co.uk

Draft Mental Health Bill now published – Local Government Lawyer

Posted July 1st, 2022 in bills, detention, learning difficulties, mental health, news by sally

‘Following a commitment given in the Queen’s Speech in May 2022, a draft Mental Health Bill has been brought forward this week (27 June 2022). Alex Ruck Keene sets out the main elements and highlights some key points.’

Full Story

Local Government Lawyer, 1st July 2022

Source: www.localgovernmentlawyer.co.uk

CJC begins process for major reform of costs regime – Legal Futures

Posted July 1st, 2022 in civil justice, consultations, costs, news by sally

‘A rethought costs system that puts digitisation, vulnerable court users and a properly functioning civil justice system at its heart is the goal of a Civil Justice Council (CJC) working party, which yesterday began consulting on four key areas for possible reform.’

Full Story

Legal Futures, 1st July 2022

Source: www.legalfutures.co.uk