Enacting ECHR compliant measures to confiscate property: imposing sanctions on Russian oligarchs for the invasion of Ukraine – Property Law Blog

Posted March 21st, 2022 in bills, compensation, confiscation, government departments, human rights, news, Russia, sanctions, Ukraine by sally

‘In the wake of Russia’s invasion of Ukraine, there have been widespread calls to expand the sanctions imposed on Russian oligarchs linked to President Vladmir Putin. According to reporting by the Financial Times, civil servants are currently “examining very carefully” what powers are needed to “swiftly acquire specific land and property owned by a sanctioned person, without the need to pay them compensation.”’

Full Story

Property Law Blog, 11th March 2022

Source: www.law.ox.ac.uk

Council prosecution sees homeowner ordered to pay £40k+ for unauthorised extension – Local Government Lawyer

Posted March 21st, 2022 in confiscation, enforcement notices, fines, housing, local government, news, planning by sally

‘A homeowner who built a side and rear extension without planning permission, was refused planning permission, and then failed to demolish the extension which was being rented out as an independent self-contained unit has been ordered to pay more than £40,000 by way of a fine, costs and a confiscation order.’

Full Story

Local Government Lawyer, 21st March 2022

Source: www.localgovernmentlawyer.co.uk

Should Access To The Internet Be A Human Right? – Each Other

Posted March 21st, 2022 in coronavirus, human rights, internet, news by sally

‘A right to internet access might sound trivial to some, but for many people access to the internet continues to provide a lifeline. Even after national Covid-19 restrictions have been lifted, many people remain dependant on the internet as a means of accessing medication, food, an education and a source of income.’

Full Story

Each Other, 17th March 2022

Source: eachother.org.uk

Joanne Tulip: Justice Secretary blocks killer’s move to open prison – BBC News

Posted March 21st, 2022 in imprisonment, Ministry of Justice, murder, news, parole, prisons by sally

‘A bid to move the killer of Joanne Tulip to an open prison has been blocked by Dominic Raab.’

Full Story

BBC News, 19th March 2022

Source: www.bbc.co.uk

Drive-by shooter jailed after being caught on primary school CCTV – Daily Telegraph

Posted March 21st, 2022 in closed circuit television, conspiracy, firearms, imprisonment, news, sentencing, violence by sally

‘A drive-by shooter has been jailed for more than five years after opening fire near a primary school.’

Full Story

Daily Telegraph, 19th March 2022

Source: www.telegraph.co.uk

Wales introduces ban on smacking and slapping children – The Guardian

Posted March 21st, 2022 in assault, child cruelty, children, families, news, Wales by sally

‘Smacking and slapping children has been outlawed in Wales, with people told to contact social services or police if they see a parent or carer meting out physical punishment.’

Full Story

The Guardian, 21st March 2022

Source: www.theguardian.com

New Acts – legislation.gov.uk

Posted March 18th, 2022 in judiciary, legislation, national insurance, pensions by sally

2022 c. 9 – National Insurance Contributions Act 2022

2022 c. 7 – Public Service Pensions and Judicial Offices Act 2022

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 18th, 2022 in legislation by sally

SI 2022/322 – The Misuse of Drugs Act 1971 (Amendment) Order 2022

SI 2022/319 – The Judicial Pensions Regulations 2022

SI 2022/318 – The National Health Service (Charges to Overseas Visitors) (Amendment) (No. 2) Regulations 2022

SI 2022/317 – The Health Protection (Coronavirus, International Travel and Operator Liability) (Revocation) (England) Regulations 2022

SI 2022/316 – The National Health Service (Clinical Commissioning Groups) (Amendment) Regulations 2022

SI 2022/294 – The Personal Injuries (Civilians) Scheme (Amendment) Order 2022

SI 2022/267 – The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2022

SI 2022/320 – The Teachers’ Pension Scheme (Amendment) Regulations 2022

SI 2022/308 – The Cathedrals Measure 2021 (Saving Provision) Order 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 18th, 2022 in law reports by sally

Court of Appeal (Civil Division)

EOG & Anor v Secretary of State for the Home Department [2022] EWCA Civ 307 (17 March 2022)

High Court (Administrative Court)

COL v Director of Public Prosecutions [2022] EWHC 601 (Admin) (17 March 2022)

High Court (Chancery Division)

Zumax Nigeria Ltd v First City Monument Bank Plc (Rev1) [2022] EWHC 604 (Ch) (17 March 2022)

High Court (Commercial Court)

IS Prime Ltd v TF Global Markets (UK) Ltd & Ors [2022] EWHC 605 (Comm) (17 March 2022)

High Court (Patents Court)

Optis Cellular Technology LLC & Ors v Apple Retail Uk Ltd & Ors [2022] EWHC 561 (Pat) (15 March 2022)

High Court (Queen’s Bench Division)

Ayannuga & Ors v One Shot Products Ltd [2022] EWHC 590 (QB) (17 March 2022)

High Court (Technology and Construction Court)

Smith & Anor v Howard & Anor [2022] EWHC 562 (TCC) (16 March 2022)

Source: www.bailii.org

Right to Work Checks – EIN Blog

Posted March 18th, 2022 in employment, fines, government departments, immigration, news by sally

‘The Home Office has recently published information about civil penalties that were imposed between 1 July to 30 September 2021. Civil penalties are imposed on organisations which have employed an individual who does not have permission to work. If found to be employing workers who do not have the right to work, employers can face a penalty of up to £20,000 per worker. During the 3-month period that the Home Office’s guidance covers, 8 civil penalties were imposed on employers in the North West of England.’

Full Story

EIN Blog, 17th March 2022

Source: www.ein.org.uk

Trade mark dispute provides lessons on costs, confusion and consent – OUT-LAW.com

Posted March 18th, 2022 in consent, costs, intellectual property, news, trade marks by sally

‘A recent costs ruling shows that brands should think twice before claiming directors are jointly liable with their company for the infringement of their intellectual property (IP) rights. The costs ruling concerned a dispute over trade mark rights heard recently by the High Court in London. Its judgment in the case, involving rival property management companies Urbanbubble and Urban Evolution, shows how difficult it is for brand owners to rely on evidence purportedly showing actual confusion over who operates their brand, to demonstrate trade mark infringement. It further highlights the care trade mark owners must take when engaging with other brands to avoid inadvertently giving competitors permission to use similar trade marks.’

Full Story

OUT-LAW.com, 17th March 2022

Source: www.pinsentmasons.com

Guidance on Applications for Interim Payments – Ropewalk Clinical Negligence Blog

Posted March 18th, 2022 in chambers articles, damages, medical treatment, negligence, news by sally

‘In complex clinical negligence cases involving substantial damages and an uncertain prognosis, there is often an urgency on the part of claimants to access funds so as to procure immediate needs such as; treatment, care and suitable accommodation. There are two hurdles to that end goal, however: establishing liability, and the sheer length of time that it is now taking for matters to proceed through the courts to a final conclusion. Undoubtedly, the impact of the pandemic has not helped the latter obstacle, and indeed, has made it even more of a concern than it was before. In clinical negligence claims, cases are often case managed with elongated timetables to trial to allow for the gathering of expert opinion on both sides, joint statements etc.’

Full Story

Ropewalk Clinical Negligence Blog, 16th March 2022

Source: www.ropewalk.co.uk

Conall Mallory: Beyond Fantasy Island: The British solution to the extraterritorial conundrum – UK Constitutional Law Association

Posted March 18th, 2022 in constitutional law, extraterritoriality, human rights, Ministry of Justice, news by sally

‘Addressing the extraterritorial application of the ECHR has emerged as one of the priorities in the UK Government’s pursuit of ‘updating’ human rights law. In recent months, the outline of an ostensible solution to the challenge posed by extraterritorial obligations has taken shape. In December, Justice Secretary Dominic Raab stated the issue was one the Government would “seek to address with partners in Strasbourg”. The Independent Human Rights Act Review (IHRAR) took a similar approach, suggesting a settlement at the Council of Europe, augmented by judicial dialogue. Simultaneously the Ministry of Justice consultation on replacing the HRA with a Bill of Rights sought input on how best to take the issue forward for a state-based solution. At the end of February Robert Buckland, the former Justice Secretary, gave a lecture where he called upon the government to take the issue to Strasbourg for a new protocol.’

Full Story

UK Constitutional Law Association, 16th March 2022

Source: ukconstitutionallaw.org

Bott urges solicitors to put all defendants on notice of equitable lien – Legal Futures

Posted March 18th, 2022 in airlines, appeals, compensation, delay, fees, law firms, news, solicitors, Supreme Court by sally

‘Litigators should now put defendants on notice at the start of any matter that they will enforce an equitable lien if necessary, the senior partner of Bott & Co has advised.’

Full Story

Legal Futures, 18th March 2022

Source: www.legalfutures.co.uk

Recommendations to allow electronic documents would revolutionise trade – Law Commission

Posted March 18th, 2022 in bills, documents, electronic filing, Law Commission, news by sally

‘The Law Commission has today published its recommendations and draft legislation to allow for the legal recognition of electronic versions of trade documents such as bills of lading and bills of exchange.’

Full Story

Law Commission, 16th March 2022

Source: www.lawcom.gov.uk

Firm to take champerty case to Supreme Court – Law Society’s Gazette

Posted March 18th, 2022 in appeals, assignment, champerty, law firms, news, solicitors, Supreme Court by sally

‘A London commercial firm will ask the Supreme Court to develop the common law of champerty after an appeal over the assignment of its now-deceased client’s claim was dismissed.’

Full Story

Law Society's Gazette, 17th March 2022

Source: www.lawgazette.co.uk

Coroner will write to the Government over Emiliano Sala’s illegal ‘grey’ flight – The Independent

Posted March 18th, 2022 in accidents, aircraft, coroners, inquests, licensing, news, sport by sally

A coroner will be writing to the Government and the sports industry with her concerns about illegal “grey” passenger flights following the death of footballer Emiliano Sala.

Full Story

The Independent, 17th March 2022

Source: www.independent.co.uk

80% of UK police accused of domestic abuse kept jobs, figures show – The Guardian

Posted March 18th, 2022 in disciplinary procedures, domestic violence, news, police, statistics by sally

‘More than 1,000 police officers and staff accused of domestic abuse are still serving in law enforcement, new figures show. Eight out of 10 kept their jobs after the allegations were made, with a small fraction being disciplined or dismissed.’

Full Story

The Guardian, 17th March 2022

Source: www.theguardian.com

David Maggs: Man, 71, who killed wife of 28 years in bed as he’d ‘just had enough’ is jailed – The Independent

Posted March 18th, 2022 in domestic violence, married persons, murder, news by sally

‘A man who stabbed his wife more than 15 times as she lay in bed has been jailed for life, with a minimum term of twenty years, for her murder.’

Full Story

The Independent, 17th March 2022

Source: www.independent.co.uk

Ministers failed to allow parliament opportunity to scrutinise UK Covid laws – The Guardian

Posted March 18th, 2022 in bills, coronavirus, government departments, inquiries, news, parliament by sally

‘Ministers failed to allow parliament enough opportunity to scrutinise the sweeping laws passed to tackle the Covid pandemic, according to a cross-party committee of MPs.’

Full Story

The Guardian, 18th March 2022

Source: www.theguardian.com