Why The Human Rights Act Matters To The Rule of Law – Each Other

Posted March 11th, 2022 in human rights, news, rule of law by sally

‘The rule of law is one of the most frequently invoked yet least understood ideas of legal and political thought. But it is not just lawyers and politicians who have an interest in it. It affects everyday issues and everyone has a stake in the rule of law.’

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Each Other, 10th March 2022

Source: eachother.org.uk

Failure to remove claims – the Osman test – Local Government Lawyer

Posted March 11th, 2022 in domestic violence, families, local government, news, statutory duty by sally

‘Jack Harding examines case law on failure to remove claims and the application of the Osman test in the context of domestic violence.’

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Local Government Lawyer, 11th March 2022

Source: www.localgovernmentlawyer.co.uk

Roderick Morton examines a High Court appeal against an inspector’s decision refusing a lawful development certificate (LDC) for stationing of mobile homes on a caravan site for permanent occupation. – Local Government Lawyer

Posted March 11th, 2022 in housing, local government, news, time limits by sally

‘In St Anne’s Court Dorset Limited v SSHCLG and Dorset Council [2021] EWHC 2954 (QB) permission was granted in 1980 for use of the appeal site as a “site for touring caravans”. Conditions required that not more than 15 “touring camping units” could be stationed on the site, that a 2-week time limit applied to any stay, that the site could only be used seasonally between 1 March and 31 October and that no “camping units” could be used as permanent residential units.’

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Local Government Lawyer, 11th March 2022

Source: www.localgovernmentlawyer.co.uk

Research Briefing: Assets of community value – House of Commons Library

Posted March 11th, 2022 in assets of community value, local government, news, parliament by sally

‘This briefing paper outlines the the “community right to bid” for “assets of community value”, introduced into England by the Localism Act 2011. It also covers other community powers regarding land and property, including community asset transfer, the Right to Contest, and equivalent provisions in Scotland and Wales.’

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House of Commons Library , 10th March 2022

Source: commonslibrary.parliament.uk

Home Secretary appoints chair to Sturgess inquiry – Home Office

Posted March 11th, 2022 in government departments, inquiries, news, poisoning, Russia, unlawful killing by sally

‘Today, the Home Secretary has announced that Lord Hughes of Ombersley will chair the inquiry into the death of Dawn Sturgess, who died in July 2018 following exposure to the nerve agent Novichok.’

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Home Office, 10th March 2022

Source: www.gov.uk

Capacity to litigate – Family Law

Posted March 11th, 2022 in appeals, Court of Protection, judges, mental health, news by sally

‘The Court of Appeal has considered the question of whether it is fair and appropriate for a Court of Protection Judge to visit the person who lacks mental capacity and about whom the Judge is being asked to make a best interest decision.’

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Family Law, 10th March 2022

Source: www.familylaw.co.uk

Surrogacy: the current law and proposals for reform – Family Law

Posted March 11th, 2022 in bills, children, families, news, surrogacy by sally

‘The number of people choosing surrogacy as a way to parenthood is increasing. Whilst it is difficult to know exactly how many surrogacy cases there have been in recent years, the number of applications for parental orders, which is the order required to recognise intended parents as a child’s legal parents, is growing. With this growth have come calls for reform to surrogacy laws, which many say are outdated and do not reflect current attitudes and lifestyles.’

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Family Law, 10th March 2022

Source: www.familylaw.co.uk

Firm fined almost £100,000 over ransomware attack – Law Society’s Gazette

Posted March 11th, 2022 in computer crime, data protection, fines, law firms, news, privacy by sally

‘Criminal defence firm Tuckers Solicitors has been fined £98,000 after failing to secure sensitive court bundles that were later published on the dark web and held to ransom by organised criminals.’

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Law Society's Gazette, 10th March 2022

Source: www.lawgazette.co.uk

Teaching assistant who had sex with 14-year-old pupil in supermarket car park is jailed – The Independent

‘A teaching assistant who had sex with a 14-year-old pupil in a supermarket car park has been jailed for six years.’

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The Independent, 10th March 2022

Source: www.independent.co.uk

Watchdog tells police bosses to stop declaring thoughts are crimes – The Independent

Posted March 11th, 2022 in criminal justice, hate crime, news, ombudsmen, police by sally

‘There is “no such thing as a thought crime”, the outgoing chief inspector of constabulary said as he told police bosses they “enforce the law, they do not make it”.’

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The Independent, 10th March 2022

Source: www.independent.co.uk

Boris Johnson’s push to recruit 20,000 more police increased risk of ‘unsuitable’ officers, watchdog finds – The Independent

Posted March 11th, 2022 in disciplinary procedures, government departments, news, ombudsmen, police by sally

‘Risks that racist and misogynist police could slip through checks were increased by the government’s push to rapidly recruit 20,000 extra officers, a watchdog has found.’

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The Independent, 11th March 2022

Source: www.independent.co.uk

Bristol woman who hit officer with skateboard during protest jailed – The Guardian

Posted March 11th, 2022 in bills, criminal justice, imprisonment, news, police, sentencing, violent disorder by sally

‘A woman who hit a police officer on the head with a skateboard during last year’s riot in Bristol has been jailed for five and a half years.’

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The Guardian, 10th March 2022

Source: www.theguardian.com

Heavily pregnant woman can have C-section against her will, judge rules – BBC News

‘Doctors can perform a Caesarean section against the will of a diabetic woman in her late 20s, a judge has ruled.’

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BBC news, 10th March 2022

Source: www.bbc.co.uk

Former Radio 1 DJ Mark Page jailed over Philippines child sexual offences – The Guardian

‘A former BBC Radio 1 DJ has been jailed for 12 years for arranging to sexually abuse vulnerable children in the Philippines.’

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The Guardian, 10th March 2022

Source: www.theguardian.com

UK Covid inquiry draft terms of reference set out – BBC News

Posted March 11th, 2022 in coronavirus, government departments, inquiries, news by sally

‘The draft terms of reference for the UK public inquiry into the government’s handling of the Covid-19 pandemic have been published.’

Draft terms

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BBC News, 11th March 2022

Source: www.bbc.co.uk

Research Briefing: Expedited legislation: Public bills receiving their Second and Third Readings on the same day in the House of Commons – House of Commons Library

Posted March 10th, 2022 in bills, news, parliament by sally

‘A list of public bills since 1979 whose main Commons stages (Second and Third Readings) have been passed within one day.’

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House of Commons Library , 8th March 2022

Source: commonslibrary.parliament.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 10th, 2022 in legislation by sally

SI 2022/243 – The Care and Support (Charging and Assessment of Resources) (Amendment) Regulations 2022

SI 2022/238 – The Hydrocarbon Oil Duties (Miscellaneous Amendments) Regulations 2022

SI 2022/234 – The Hydrocarbon Oil Duties (Consequential Amendments and Transitional Provisions) Regulations 2022

SI 2022/230 – The Taxation of Chargeable Gains Act 1992 (Amendment) Regulations 2022

SI 2022/217 – The Non-Domestic Rating (Definition of Domestic Property) (England) Order 2022SI

2022/246 – The Certification Officer (Amendment of Fees) Regulations 2022

SI 2022/242 – The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms), etc., Regulations 2022

SI 2022/239 – The Disregard and Bringing into Account of Profit and Losses on Derivative Contracts Hedging Acquisitions and Disposals of Shares Regulations 2022

SI 2022/236 – The Guardian’s Allowance Up-rating Regulations 2022

SI 2022/260 – The Universal Credit and Employment and Support Allowance (Terminal Illness) (Amendment) Regulations 2022

SI 2022/255 – The Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations 2022

SI 2022/254 – The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2022

SI 2022/253 – The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2022

SI 2022/252 – The Trade Union (Levy Payable to the Certification Officer) Regulations 2022

SI 2022/237 – The Divorce, Dissolution and Separation Act 2020 (Consequential Amendments) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 10th, 2022 in law reports by sally

Supreme Court

Croydon London Borough Council v Kalonga [2022] UKSC 7 (09 March 2022)

Court of Appeal (Civil Division)

Baker & Anor v Financial Conduct Authority (Re Ipagoo LLP) [2022] EWCA Civ 302 (09 March 2022)

Court of Appeal (Criminal Division)

Zeroual, R. v [2022] EWCA Crim 288 (08 March 2022)

High Court (Administrative Court)

Park Lane Homes (South East) Ltd, R (On the Application Of) v Rother District Council [2022] EWHC 485 (Admin) (09 March 2022)

Transport Action Network Ltd, R (On the Application Of) v Secretary of State for Transport [2022] EWHC 503 (Admin) (09 March 2022)

Greater Manchester Buses South Ltd v Greater Manchester Combined Authority & Anor [2022] EWHC 506 (Admin) (09 March 2022)

L & Ors, R (On the Application Of) v Devon County Council [2022] EWHC 493 (Admin) (08 March 2022)

High Court (Chancery Division)

Campbell v Tyrrell & Ors [2022] EWHC 423 (Ch) (08 March 2022)

McClean & Ors v Thornhill [2022] EWHC 457 (Ch) (08 March 2022)

High Court (Commercial Court)

BP Oil International Ltd v Glencore Energy UK Ltd [2022] EWHC 499 (Comm) (09 March 2022)

High Court (Queen’s Bench Division)

Clarke v Kalecinski & Ors [2022] EWHC 488 (QB) (08 March 2022)

SMO (A Child) v Tiktok Inc & Ors (Rev1) [2022] EWHC 489 (QB) (08 March 2022)

Source: www.bailii.org

Lumley v Foster – the danger of oral contracts and contracting with the correct entity – Practical Law: Construction Blog

Posted March 10th, 2022 in construction industry, contracts, news by sally

‘Despite the volumes of case law illustrating the dangers of not having a written contract when carrying out a construction project, it is still common practice, particularly for smaller domestic projects and in this current market where builders are in high demand, for parties not to have a formal contract. Nine times out of ten all will be absolutely fine: works will progress, any small issues will be amicably overcome between the parties, the project will complete and everyone will be satisfied with the result. But construction projects can be uncertain beasts. Every now and then, things won’t run so smoothly. There may be defects, delays, cost pressures, design changes, or any variety of unforeseen issues. This is when not having a written contract to fall back on can become a real problem. The case of Lumley v Foster is a good reminder of what can happen if a written contract is not put in place.’

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Practical Law: Construction Blog. 9th March 2022

Source: constructionblog.practicallaw.com

Alison Young: Declaratory Orders and Constitutional Guardrails – UK Constitutional Law Association

Posted March 10th, 2022 in declarations of incompatibility, extradition, fraud, news by sally

‘The recent decision of the Supreme Court in Craig v HM Advocate (for the Government of the United States of America) affirms the core constitutional expectation that the executive will comply with declaratory orders. On its face, this appears to be quite unassuming. Yet it raises fundamental issues of inter-institutional comity and the importance of constitutional guardrails and safeguards.’

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UK Constitutional Law Association, 10th March 2022

Source: ukconstitutionallaw.org