Current Awareness

‘Allegations of criminal behaviour are normally tried in the criminal courts. But where a crime is either not prosecuted, or cannot be proved beyond reasonable doubt, the question may end up being tried in a civil court, even where the allegation is as serious as it could be, such as murder. This may cause difficulties where the evidence relied upon has been obtained by a third party, such as a police force whether in England or abroad, and the claimant is not in a position to give a detailed account of the allegation until that evidence is available.’

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St John's Chambers, 1st February 2022

Source: www.stjohnschambers.co.uk

Family Law Newsletter – Spire Barristers

Posted February 11th, 2022 in care orders, chambers articles, children, families, family courts, news by sally

‘Articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’

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Spire Barristers, February 10th 2022

Source: spirebarristers.co.uk

Punter Southall Governance Services Ltd v Benge [2022] EWHC 193 (Ch) – Wilberforce Chamber

Posted February 11th, 2022 in chambers articles, news, pensions, trusts by sally

‘This decision of Chief Master Shuman concerns the circumstances in which the Court might refuse to bless a decision of pension scheme trustees, with particular reference to the meaning of “necessaries of life”, the conflicted position of member-trustees, and the relevance of disputed matters of fact. It will be important both for those considering the payment of discretionary benefits from pension schemes, including the interrelationship of scheme rules and the authorised payments regime under the Finance Act 2004, as well as more generally in relation to the robust approach the Court should take to beneficiaries seeking to oppose the blessing of trustee decisions.’

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Wilberforce Chambers, 7th February 2022

Source: www.wilberforce.co.uk

James McCann jailed over worker living in shed – BBC News

Posted February 11th, 2022 in forced labour, imprisonment, news, sentencing by sally

‘A man who kept a slave in a shed with no toilet and sent him to work for a pittance has been jailed.’

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BBC News, 10th February 2022

Source: www.bbc.co.uk

Hampshire Tinder fraudster jailed after conning woman out of £150,000 – The Guardian

Posted February 11th, 2022 in forgery, fraud, imprisonment, internet, news, perjury, sentencing by sally

‘A “charming” fraudster who conned a millionaire he met on Tinder into handing him almost £150,000 has been jailed for four-and-a-half years.’

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The Guardian, 10th February 2022

Source: www.theguardian.com

BAILII: Recent Decisions

Posted February 10th, 2022 in law reports by sally

Court of Appeal (Civil Division)

The Counsel General for Wales, R (On the Application Of) v The Secretary of State for Business, Energy and Industrial Strategy [2022] EWCA Civ 118 (09 February 2022)

Leave.EU Group Ltd & Anor v The Information Commissioner [2022] EWCA Civ 109 (08 February 2022)

DK, R (On the Application Of) v Revenue and Customs [2022] EWCA Civ 120 (08 February 2022)

Court of Appeal (Criminal Division)

T v R. [2022] EWCA Crim 108 (08 February 2022)

High Court (Administrative Court)

Whitley Parish Council, R (On the Application Of) v North Yorkshire County Council [2022] EWHC 238 (Admin) (09 February 2022)

Sula v Public Prosecutor of the Thessaloniki Court of Appeal, Greece [2022] EWHC 230 (Admin) (07 February 2022)

High Court (Chancery Division)

Advanced Multi-Technology for Medical Industry & Anor v Uniserve Ltd [2022] EWHC 264 (Ch) (10 February 2022)

Dunbabin & Ors v Dunbabin [2022] EWHC 241 (Ch) (10 February 2022)

Crypto Open Patent Alliance v Wright [2022] EWHC 242 (Ch) (09 February 2022)

Skillett v Skillett [2022] EWHC 233 (Ch) (08 February 2022)

Lim & Ors v Ong & Ors [2022] EWHC 225 (Ch) (07 February 2022)

Hammersley v Edwards & Ors [2022] EWHC 223 (Ch) (07 February 2022)

Wilson & Anor v Spence & Anor [2022] EWHC 158 (Ch) (07 February 2022)

High Court (Commercial Court)

Cardiorentis AG v Iqvia Ltd & Anor [2022] EWHC 250 (Comm) (10 February 2022)

Kwok & Ors v UBS AG (London Branch) [2022] EWHC 245 (Comm) (09 February 2022)

Upham & Ors v HSBC UK Bank PLC [2022] EWHC 227 (Comm) (07 February 2022)

High Court (Family Division)

X, Y and Z, Re (Children: Parental Orders: Time Limit) [2022] EWHC 198 (Fam) (02 February 2022)

High Court (Queen’s Bench Division)

Rawet & Ors v Daimler AG & Ors [2022] EWHC 235 (QB) (10 February 2022)

Traylor & Anor v Kent and Medway NHS Social Care Partnership Trust [2022] EWHC 260 (QB) (10 February 2022)

Arif v Sanger [2022] EWHC 236 (QB) (08 February 2022)

Source: www.bailii.org

Planning Court judge issues ruling on prior approval and upward extensions – Local Government Lawyer

Posted February 10th, 2022 in local government, news, planning, statutory interpretation by sally

‘The High Court has ruled against claimants in three cases involving how widely a local authority can consider planning matters when dealing with a request for prior approval under the Town and Country Planning (General Permitted Development) (England) Order 2015.’

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Local Government Lawyer, 10th February 2022

Source: www.localgovernmentlawyer.co.uk

Paul Burgess: A Rule of Law Surprise Party(gate) – UK Constitutional Law Association

Posted February 10th, 2022 in constitutional law, coronavirus, news, political parties, rule of law by sally

‘Partygate could tear apart the UK government but, regardless of one’s political preferences, there have been some good things that have come from the episode. Where it is not unusual to see different conceptions of the Rule of Law invoked on opposing sides of an argument, it was a pleasant surprise to see opposing sides invoke the concept in support of the same argument in a way that’s recognisable. “The Rule of Law” was deployed in a way that reflected the concept’s core purpose: holding those in power to the same rules and standards as everyone else and to deter the arbitrary application of power. However, this moment of unity is unlikely to settle the perennial contest relating to the concept’s meaning.’

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UK Constitutional Law Association, 10th February 2022

Source: ukconstitutionallaw.org

British Citizenship: Precious, Costly, and Precarious – Oxford Human Rights Hub

Posted February 10th, 2022 in bills, citizenship, EC law, fees, news, statutory interpretation, treaties by sally

‘Citizenship still matters; its absence denotes precarity. As Covid19 travel restrictions reminded us, at its international core lies the right to enter one’s country and reside therein. Domestically, in most jurisdictions, citizenship serves as an eligibility criterion for electoral participation; excluded non-citizens have limited capacity to advance their rights through the political process.’

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Oxford Human Rights Hub, 8th February 2022

Source: ohrh.law.ox.ac.uk

Male barrister reprimanded for “hysterical woman” jibe at lawyer – Legal Futures

Posted February 10th, 2022 in barristers, disciplinary procedures, fines, news, sex discrimination, tribunals by sally

‘A male barrister has been reprimanded for describing his opponent’s instructing lawyer as a “hysterical woman” and female lawyers more generally as intemperate.’

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Legal Futures, 10th February 2022

Source: www.legalfutures.co.uk

Son who poured petrol on mother and set her alight guilty of murder – BBC News

Posted February 10th, 2022 in arson, domestic violence, news by sally

‘A “remorseless” son who “callously doused” his mother with a milk bottle full of petrol and set her alight has been found guilty of murder.’

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BBC News, 9th February 2022

Source: www.bbc.co.uk

English test scandal: Home Office accused of ‘shocking miscarriage of justice’ – The Guardian

Posted February 10th, 2022 in appeals, deceit, examinations, government departments, news, visas by sally

‘The Home Office was accused of presiding over a “shocking miscarriage of justice” by MPs during an urgent debate on the English language testing scandal which saw thousands of international students wrongly accused of cheating in an exam they were required to sit as part of their visa application process.’

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The Guardian, 9th February 2022

Source: www.theguardian.com

Human rights reform would leave former SC justice ‘very confused’ – Law Society’s Gazette

Posted February 10th, 2022 in human rights, news, precedent, Supreme Court by sally

‘Reforming human rights legislation to give priority consideration to domestic law could create uncertainty, a former Supreme Court justice has warned.’

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Law Society's Gazette, 9th February 2022

Source: www.lawgazette.co.uk

Driver jailed after father-of-one died in crash in Wool – BBC News

Posted February 9th, 2022 in dangerous driving, homicide, imprisonment, news, sentencing by sally

‘A driver who is thought to have fallen asleep before his car crashed into two cars, killing a father-of-one, has been jailed for three years and four months.’

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BBC News, 8th February 2022

Source: www.bbc.co.uk

Bar chief: LSB competence push “risks infringing Legal Services Act” – Legal Futures

Posted February 9th, 2022 in barristers, legal services, Legal Services Board, news, quality assurance by sally

‘The chairman of the Bar Council has warned the Legal Services Board (LSB) that it risks infringing the Legal Services Act if it demands that regulators impose new competence regimes without sufficient evidence.’

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Legal Futures, 9th February 2022

Source: www.legalfutures.co.uk

Briton gets high court go-ahead to sue Interpol chief over torture claim – The Guardian

Posted February 9th, 2022 in assault, damages, diplomats, false imprisonment, foreign jurisdictions, holidays, immunity, news, service out of jurisdiction, sport, torture by sally

‘A British football fan who claims he was tortured and falsely imprisoned in the United Arab Emirates in 2019 while on holiday there to watch Asian Cup matches is suing the new head of Interpol.’

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The Guardian, 8th February 2022

Source: www.theguardian.com

Donnchadh Greene and Gabriel Tan: Statutory Interpretation and Citizenship: D4 v SSHD and PRCBC v SSHD – UK Constitutional Law Association

Posted February 9th, 2022 in appeals, children, citizenship, constitutional law, fees, immigration, news, statutory interpretation, Supreme Court by sally

‘This piece considers two recent decisions – one by the Court of Appeal (“CA”): D4 v Secretary of State for the Home Department [2022] EWCA Civ 33, and the other by the Supreme Court (“SC”): R (The Project for the Registration of Children as British Citizens) v Secretary of State for the Home Department [2022] UKSC 3 (“PRCBC”). At a general level, the cases raised similar issues: both involved challenges to delegation legislation on grounds that they were ultra vires; both related to citizenship – D4 about its deprivation, PRCBC about its conferral. This piece seeks to draw some threads from the two cases about statutory interpretation and the common law in the context of citizenship.’

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UK Constitutional Law Association, 9th February 2022

Source: ukconstitutionallaw.org

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