Justice system in England and Wales ‘risks causing fresh trauma to girls’ – The Guardian

‘The vast majority of vulnerable young women and girls in the criminal justice system in England and Wales have previously suffered abuse and violence and are in danger of being retraumatised by the experience, charities say.’

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The Guardian, 4th March 2022

Source: www.theguardian.com

Greater Manchester Police pays £8,000 damages to rape complainant – BBC News

‘A woman who said “dismissive” police told her “nothing would come” out of reporting being raped after her drink was spiked has received £8,000 damages.’

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BBC News, 4th March 2022

Source: www.bbc.co.uk

New Act – legislation.gov.uk

Posted March 4th, 2022 in charities, legislation by sally

2022 c. 6 – Charities Act 2022

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 4th, 2022 in legislation by sally

SI 2022/191 – The Polygraph (Amendment) Rules 2022

SI 2022/206 – The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) (No. 3) Regulations 2022

SI 2022/200 – The Direct Payments to Farmers (Allocation of Payment Entitlements from the National Reserve) (England) Regulations 2022

SI 2022/198 – The Housing (Approval of Code of Management Practice) (Student Accommodation) (England) Order 2022

SI 2022/197 – The Houses in Multiple Occupation (Specified Educational Establishments) (England) (Amendment) Regulations 2022

SI 2022/196 – Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) (Amendment) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 4th, 2022 in law reports by sally

Court of Appeal (Civil Division)

Brake & Anor v Guy & Ors [2022] EWCA Civ 235 (02 March 2022)

The London Steam-Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain M/T “PRESTIGE” (No. 5) [2022] EWCA Civ 238 (01 March 2022)

Court of Appeal (Criminal Division)

Fleming, R. v (Rev1) [2022] EWCA Crim 250 (03 March 2022)

High Court (Administrative Court)

Jan, Re Application for Judicial Review v The Commissioner of Police for the Metropolis [2022] EWHC 446 (Admin) (02 March 2022)

Pugsley & Anor v Director of Public Prosecutions [2022] EWHC 425 (Admin) (02 March 2022)

High Court (Chancery Division)

Axnoller Events Ltd v Brake & Anor (Form of Order) [2022] EWHC 459 (Ch) (03 March 2022)

Business Mortgage Finance 4 Plc & Ors v Hussain [2022] EWHC 449 (Ch) (02 March 2022)

DC Comics (Partnership) v Unilever Global IP Ltd [2022] EWHC 434 (Ch) (02 March 2022)

Preston v Beaumont [2022] EWHC 440 (Ch) (01 March 2022)

De Weyer Ltd, Re [2022] EWHC 395 (Ch) (01 March 2022)

Hoegh & Anor v Taylor Wessing LLP & Anor [2022] EWHC 392 (Ch) (28 February 2022)

Competition and Markets Authority v Truly Holdings Ltd & Ors [2022] EWHC 386 (Ch) (28 February 2022)

Burnford & Ors v Automobile Association Developments Ltd [2022] EWHC 368 (Ch) (28 February 2022)

High Court (Commercial Court)

Consulting Concepts International Inc v Consumer Protection Association (Saudi Arabia) [2022] EWHC 461 (Comm) (03 March 2022)

Suppipat & Ors v Siam Commercial Bank Public Company Ltd & Ors [2022] EWHC 381 (Comm) (02 March 2022)

The Republic of Mozambique v Credit Suisse International & Ors [2022] EWHC 429 (Comm) (28 February 2022)

High Court (Queen’s Bench Division)

Young v Chief Constable of the Warwickshire Police & Anor (Costs) [2022] EWHC 447 (QB) (02 March 2022)

Klifa v Slater & Anor [2022] EWHC 427 (QB) (28 February 2022 (1130am))

Law By Design Ltd v Ali [2022] EWHC 426 (QB) (28 February 2022)

Rafique & Anor v The Association of Community Organisations for Reform Now Ltd & Anor [2022] EWHC 414 (QB) (28 February 2022)

Source: www.bailii.org

Equal pay litigation in retail – Law Society’s Gazette

Posted March 3rd, 2022 in employment tribunals, equal pay, equality, news, women by sally

‘It was back in the 1970s when equal pay legislation was introduced, and it is 12 years since the regulations were rebranded within the Equality Act 2010. So how far have we come in the quest for equal pay? If you are a female store-based supermarket worker, not far, it would seem.’

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Law Society's Gazette, 25th February 2022

Source: www.lawgazette.co.uk

County fires gun on procurement of £369k legal case management system amid mini-flurry of contract awards by local authorities – Local Government Lawyer

‘Gloucestershire County Council has started the procurement of a fully developed, off the shelf, cloud-based Legal Case Management System with Court Bundling System.’

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Local Government Lawyer, 2nd March 2022

Source: www.localgovernmentlawyer.co.uk

Happy Birthday: Unfair Dismissal at 50 – by Hugh Collins – UK Labour Law

Posted March 3rd, 2022 in employment, employment tribunals, news, trade unions, unfair dismissal by sally

‘Half a century ago, on the 28th of February 1972, the provisions of the Industrial Relations Act 1971 that established an employee’s statutory right not to be unfairly dismissed came into force. To mark this anniversary, I offer some reflections on the significance and impact of this major legal innovation.’

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UK Labour Law, 3rd March 2022

Source: uklabourlawblog.com

Being gay as a judge “no longer an issue”, says CA vice-president – Legal Futures

Posted March 3rd, 2022 in barristers, homosexuality, judges, judiciary, news by sally

‘Being a judge who “happens to be gay” has “completely disappeared as an issue”, the vice-president of the Court of Appeal (Criminal Division) has said.’

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Legal Futures, 3rd March 2022

Source: www.legalfutures.co.uk

Covid: Half of Nightingale Courts to close within weeks – BBC News

Posted March 3rd, 2022 in coronavirus, courts, criminal justice, delay, news by sally

‘Almost half of the temporary Nightingale Courts set up at the start of the pandemic are to close, the Ministry of Justice has announced.’

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BBC News, 3rd March 2022

Source: www.bbc.co.uk

Bid by Kazakh mining company to sue journalist is dismissed by judge – The Guardian

Posted March 3rd, 2022 in defamation, fraud, media, murder, news, witnesses by sally

‘An attempt by a Kazakh mining giant to sue a British journalist for allegedly claiming it ordered the murders of three men has been thrown out by a judge.’

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The Guardian, 2nd March 2022

Source: www.theguardian.com

LSB warns Bar Council over objections to “unreasonable” PCF rise – Legal Futures

Posted March 2nd, 2022 in barristers, budgets, consultations, fees, Legal Services Board, news, statistics by sally

‘The Legal Services Board (LSB) has approved a 4.5% increase in the practising certificate fee (PCF) for barristers, while warning the Bar Council that the exercise of its regulatory functions, such as setting the fee, “should not be prejudiced” by its representative role.’

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Legal Futures, 2nd March 2022

Source: www.legalfutures.co.uk

Pair jailed for ‘disrespect’ revenge stabbing in Bristol – BBC News

‘Two men who stabbed two teenagers in a premeditated revenge attack after claiming one had been disrespectful have been jailed.’

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BBC News, 1st March 2022

Source: www.bbc.co.uk

English appeal court rules on assessment of indirect emissions in consent applications – OUT-LAW.com

‘Applications for planning permission for projects in England and Wales will need to provide “utmost clarity” on their potential indirect environmental impacts in the wake of a new court judgment.’

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OUT-LAW.com, 1st March 2022

Source: www.pinsentmasons.com

Disabled people ‘given 12 days’ to respond to human rights consultation – Law Society’s Gazette

‘Disability and human rights groups have called for a consultation on controversial human rights reforms to be extended, telling the lord chancellor that disabled people have been given less than a fortnight to respond. The Ministry of Justice has apologised for the long wait for a ‘fully accessible’ document.’

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Law Society's Gazette, 2nd March 2022

Source: www.lawgazette.co.uk

Mental capacity, end of life care and religion: MR & Ors – Law & Religion UK

Posted March 2nd, 2022 in care homes, Court of Protection, Judaism, local government, news by sally

‘In London Borough of X v MR & Ors [2022] EWCOP 1, MR, aged 86, was living with dementia and was expected to die at some time between the spring of 2022 and the spring of 2024. He had been discharged from hospital to CC Nursing Home during the first COVID emergency, where he was held under a standard Deprivation of Liberty issued by the local authority. The sole issue before the Court was not whether it was in MR’s best interests to return home but whether he should remain at CC Nursing Home or move to a Jewish care home.’

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Law & Religion UK, 2nd March 2022

Source: lawandreligionuk.com

Only Fools and Horses firm sues creators of ‘cushty’ dining events – The Guardian

Posted March 2nd, 2022 in artistic works, copyright, intellectual property, news by sally

‘It’s just the sort of ersatz product that would have made Del Boy proud – but the makers of Only Fools and Horses are suing an unauthorised immersive theatre show based on the BBC sitcom for copyright infringement.’

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The Guardian, 1st March 2022

Source: www.theguardian.com

Supreme Court to hear appeal over ruling by coroner that Article 2 ECHR not engaged where vulnerable woman died – Local Government Lawyer

‘The Supreme Court has granted permission to appeal over a coroner’s ruling that Article 2 of the European Convention on Human Rights (Right to life) was not engaged in a case where a vulnerable, 52-year-old woman with Down’s syndrome and learning disabilities died.’

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Local Government Lawyer, 1st March 2022

Source: www.localgovernmentlawyer.co.uk

Will The UK Welcome People Fleeing Putin’s War In Ukraine? – Each Other

‘As the Russian invasion of Ukraine continues, questions rage, alongside the war, about how the UK should protect Ukrainians seeking refuge.’

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Each Other, 1st March 2022

Source: eachother.org.uk

Woman sentenced to 10 years for killing partner – BBC News

‘Police have thanked the family of stabbing victim Nigel Johnston for their courage after his killer was jailed for 10 years.’

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BBC News, 1st March 2022

Source: www.bbc.co.uk