TCC finds adjudicator did not undermine arbitration award – Practical Law: Construction Blog

Posted February 22nd, 2022 in arbitration, construction industry, dispute resolution, enforcement, jurisdiction, news by sally

‘Compared to the restrictions we faced a couple of months ago with the emergence of the Omicron variant of COVID-19, it really does feel as if we are starting to return to some normality, and it was wonderful to see so many construction law professionals at the Society of Construction Law lunch in London last Friday. I had intended to read Morris J’s interesting judgment in John Graham Construction Ltd v Tecnicas Reunidas UK Ltd on the train home, but I sensibly put that off until the weekend, otherwise I fear my ramblings might have been somewhat difficult to discern.’

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Practical Law: Construction Blog, 16th February 2022

Source: constructionblog.practicallaw.com

Court of Appeal refuses permission to judicially review infected blood compensation scheme – UK Human Rights Blog

Posted February 22nd, 2022 in appeals, blood products, compensation, disability discrimination, equality, HIV, human rights, judicial review, news by sally

‘CN v Secretary of State for Health and Social Care [2022] EWCA Civ 86. In a judgment handed down on 4 February 2022, the Court of Appeal dismissed an appeal for permission to apply for judicial review concerning the lawfulness of the England Infected Blood Support Scheme (EIBSS) (the “Scheme”). The Court of Appeal concluded that the Scheme’s exclusion of those infected with hepatitis B was not discriminatory. In any event, the Secretary of State’s justification for who was to be compensated under the ex gratia Scheme was to be given a wide margin of appreciation by the courts.’

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UK Human Rights Blog, 21st February 2022

Source: ukhumanrightsblog.com

Clin neg costs reforms “could lead to exodus” of small law firms – Legal Futures

Posted February 22nd, 2022 in costs, hospitals, law firms, negligence, news, personal injuries, small claims by sally

‘Small law firms could end up “falling or stepping away” from the clinical negligence market if fixed recoverable costs (FRC) for cases worth less than £25,000 are set too low, a report has warned.’

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Legal Futures, 22nd February 2022

Source: www.legalfutures.co.uk

Home Secretary orders wide-ranging review of Border Force – Home Office

Posted February 22nd, 2022 in customs and excise, government departments, immigration, news by sally

‘The Home Secretary, Priti Patel, has ordered a wide-ranging, independent review of Border Force to assess its structure, powers, funding and priorities to ensure it can keep pace with rapidly evolving threats and continue to protect the border, maintain security and prevent illegal migration.’

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Home Office, 17th February 2022

Source: www.gov.uk

No stone left unturned to transform rape case handling says Director of Public Prosecutions – Crown Prosecution Service

Posted February 22nd, 2022 in case management, Crown Prosecution Service, news, prosecutions, rape by sally

‘ “Leaving no stone unturned” to transform the way rape prosecutions are handled is key to helping more victims see justice, the Director of Public Prosecutions has said today.’

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Crown Prosecution Service, 22nd February 2022

Source: www.cps.gov.uk

High Court overturns tribunal’s dishonesty finding – Law Society’s Gazette

Posted February 22nd, 2022 in disciplinary procedures, mental health, news, solicitors, tribunals by sally

‘The High Court has overturned a tribunal finding that a solicitor acted dishonestly on a re-accreditation application.’

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Law Society's Gazette, 21st February 2022

Source: www.lawgazette.co.uk

Keep EU law or face ‘unpredictable consequences’, former GLD chief warns – Law Society’s Gazette

Posted February 22nd, 2022 in brexit, EC law, news, select committees, statute law revision by sally

‘The UK should retain the supremacy of EU law in order to avoid legal uncertainty and “unpredictable consequences”, the former head of the Government Legal Department has suggested.’

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Law Society's Gazette, 21st February 2022

Source: www.lawgazette.co.uk

Owner of Claridge’s asks judge to send woman who ran Claridge Candles to jail – The Independent

Posted February 22nd, 2022 in contempt of court, news, suspended sentences, trade marks by sally

‘The owner of one of London’s most famous hotels has asked a judge to jail a 64-year-old divorcee for infringing a trade mark.’

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The Independent, 21st February 2022

Source: www.independent.co.uk

Government plans to make some coronavirus laws permanent – The Independent

Posted February 22nd, 2022 in coronavirus, coroners, inquests, news, remote hearings, statute law revision by sally

‘Remaining restrictions on travel could be reviewed before Easter but some laws introduced during the pandemic will be made permanent, according to the Government’s plan for living with coronavirus.’

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The Independent, 21st February 2022

Source: www.independent.co.uk

Police review chief says ‘Betamax police’ stuck in the past – The Guardian

Posted February 22nd, 2022 in continuing professional development, crime, crime prevention, news, police, reports by sally

‘A “crisis of confidence in policing” can only be put right through fundamental reform or risk the end of policing by consent, the head of a review of the police service will warn on Tuesday.’

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The Guardian, 21st February 2022

Source: www.theguardian.com

Activists who occupied 100ft HS2 drilling rig convicted over protest – The Guardian

Posted February 22nd, 2022 in criminal damage, demonstrations, environmental protection, news, trespass by sally

‘Two environmental activists have been convicted of charges relating to a protest against HS2 after occupying a 100ft-high drilling rig to highlight damage they claimed the rail project was causing to London’s drinking water supply.’

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The Guardian, 21st February 2022

Source: www.theguardian.com

Guns returned to dozens of domestic abuse suspects, police data shows – BBC News

Posted February 22nd, 2022 in domestic violence, firearms, news, police by sally

‘Dozens of gun-owning domestic abuse suspects have had their weapons returned by police over the past three years, the BBC can reveal.’

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BBC News, 22nd February 2022

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 21st, 2022 in legislation by sally

SI 2022/156 – The Competition Appeal Tribunal (Recording and Broadcasting) Order 2022

SI 2022/159 – The Domestic Renewable Heat Incentive Scheme and Renewable Heat Incentive Scheme (Amendment) Regulations 2022

SI 2022/158 – The Occupational Pension Schemes (Schemes that were Contracted-out) (No. 2) (Amendment) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 21st, 2022 in law reports by sally

Court of Appeal (Civil Division)

Rea & Ors v Rea [2022] EWCA Civ 195 (21 February 2022)

R (A Child : Asylum And 1980 Hague Convention Application) (Rev1) [2022] EWCA Civ 188 (18 February 2022)

Minott v Cambridge City Council [2022] EWCA Civ 159 (18 February 2022)

High Court (Administrative Court)

Taylor-Davies & Anor, R (On the Application Of) v Wandsworth London Borough Council [2022] EWHC 355 (Admin) (21 February 2022)

Parker, R (On the Application Of) v Bashir & Anor [2022] EWHC 358 (Admin) (18 February 2022)

Spedding, R (On the Application Of) v Schepens International Ltd [2022] EWHC 347 (Admin) (18 February 2022)

A & Ors, R (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 360 (Admin) (18 February 2022)

T & Ors, R (On the Application Of) v Secretary of State for Work And Pensions [2022] EWHC 351 (Admin) (18 February 2022)

Thurston Parish Council v Mid Suffolk District Council [2022] EWHC 352 (Admin) (18 February 2022)

High Court (Chancery Division)

Bracey v Curley & Anor [2022] EWHC 359 (Ch) (21 February 2022)

Brothers Produce Ltd & Anor v Tydene (Western) Ltd & Ors [2022] EWHC 291 (Ch) (21 February 2022)

Dawson & Ors v Dawson & Ors [2022] EWHC 341 (Ch) (18 February 2022)

Sim v Pimlott & Ors [2022] EWHC 356 (Ch) (18 February 2022)

High Court (Commercial Court)

LNT Aviation Ltd v Airbus Helicopters UK Ltd [2022] EWHC 309 (Comm) (21 February 2022)

Sharp Corp Ltd v Viterra BV [2022] EWHC 354 (Comm) (18 February 2022)

High Court (Technology and Construction Court)

Struthers & Anor v Davies (t/a Alastair Davies Building) & Anor [2022] EWHC 333 (TCC) (18 February 2022)

Source: www.bailii.org

Solicitor overturns disciplinary tribunal’s dishonesty finding – Legal Futures

Posted February 21st, 2022 in appeals, deceit, disciplinary procedures, law firms, Law Society, news, professional conduct, solicitors by sally

‘A solicitor suspended for a year after a tribunal ruled he had acted dishonestly in signing a declaration on behalf of one of his firm’s directors has successfully challenged the decision.’

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Legal Futures, 21st February 2022

Source: www.legalfutures.co.uk

Breathing life into statistics: stories of racism within the criminal justice system – OUP Blog

Posted February 21st, 2022 in criminal justice, Crown Prosecution Service, equality, gangs, news, police, race discrimination, racism, statistics by sally

‘You don’t need to look far to see how recent events have put the issue of racial inequality in the criminal justice system front and centre. The Black Lives Matter movement has brought the issue of institutional racism to the forefront of the public’s consciousness, kickstarting conversations and spurring communities into action to confront this inequality head on. This shift must be reflected in educational resources, and many textbooks in the field of criminology will be updated with statistics, news clippings, and quotes from prominent figures charged with reform in this area.’

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OUP Blog, 21st February 2022

Source: blog.oup.com

Ministers to reject making misogyny a hate crime in England and Wales – The Guardian

Posted February 21st, 2022 in bills, criminal justice, government departments, harbours, hate crime, Law Commission, news, victims, women by sally

‘Ministers will reject making misogyny a hate crime in England and Wales and urge MPs to get behind controversial legislation that has been criticised for curbing the right to protest as the government seeks to push through major changes to the criminal justice system.’

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The Guardian, 21st February 2022

Source: www.theguardian.com

‘Sex for rent’ ads to be banned in Online Safety Bill – BBC News

Posted February 21st, 2022 in advertising, bills, housing, internet, landlord & tenant, news, sexual offences by sally

‘Social media firms who allow “sex for rent” adverts will face prosecution under planned new laws.’

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BBC News, 18th February 2022

Source: www.bbc.co.uk

A question of standing – UK Human Rights Blog

Posted February 21st, 2022 in coronavirus, delay, equality, government departments, human rights, judicial review, news by sally

‘This was an interesting ruling on the matter of standing, something that has fallen rather by the wayside since it formed the subject of much satellite litigation in the 1990s. In essence, the Court ruled that the GLP had no standing to bring this claim. Despite its articles of association, whose purposes include the provision of sound administration and equality, democracy, high standards in public administration, access to justice, preservation of the environment or “any other philanthropic or benevolent purpose ancillary”.’

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UK Human Rights Blog, 18th February 2022

Source: ukhumanrightsblog.com

Homelessness – second applications and new facts threshold – Nearly Legal

Posted February 21st, 2022 in appeals, homelessness, housing, judicial review, local government, news by sally

‘This was Mr Minott’s appeal from a judicial review that upheld Cambridge’s refusal to accept a second homeless application.’

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Nearly Legal, 19th February 2022

Source: nearlylegal.co.uk