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.’

Full Story

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

Jack Ritchie inquest: Parents hope for gambling laws change – BBC News

Posted February 21st, 2022 in bereavement, families, gambling, government departments, human rights, inquests, mental health, news, suicide by sally

‘The parents of a 24-year-old gambling addict hope an inquest into his death will speed up changes in betting laws.’

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BBC News, 20th February 2022

Source: www.bbc.co.uk

UK wildlife campaigners call for legal right to access nature for all – The Guardian

Posted February 21st, 2022 in environmental health, equality, health, local government, news, planning, statistics by sally

‘Everyone in the UK should be legally entitled to equal access to nature, wildlife campaigners will tell the government.’

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The Guardian, 21st February 2022

Source: www.theguardian.com

Expect forward-looking UK corporate tax reform in coming months – OUT-LAW.com

Posted February 18th, 2022 in consultations, corporation tax, government departments, news, taxation by sally

‘This year may finally provide the UK chancellor of the exchequer, Rishi Sunak, with an opportunity to develop medium to long-term strategic corporate tax policies.’

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OUT-LAW.com, 17th February 2022

Source: www.pinsentmasons.com

Research Briefing: Social Housing Reform in England: What Next? – House of Commons Library

Posted February 18th, 2022 in bills, government departments, housing, news, parliament, rent by sally

‘The Government’s social housing white paper is intended to deliver transformational change for social housing residents in England. This briefing outlines the measures set out in the white paper, stakeholder reaction and the next steps.’

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House of Commons Library, 16th February 2022

Source: commonslibrary.parliament.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 18th, 2022 in legislation by sally

SI 2022/127 – The Council Tax (Demand Notices and Reduction Schemes) (England) (Amendment) Regulations 2022

SI 2022/119 – The Air Traffic Management and Unmanned Aircraft Act 2021 (Commencement No. 2) Regulations 2022

SI 2022/118 – The Safeguarding (Code of Practice) Measure 2021 (Commencement and Transitional Provision) Order 2022

SI 2022/124 – The Competition Act 1998 (Health Services for Patients in England) (Coronavirus) (Public Policy Exclusion) Order 2022

SI 2022/122 – The Safety of Sports Grounds (Designation) (Amendment) (England) Order 2022

SI 2022/96 – The Merchant Shipping and Fishing Vessels (Entry into Enclosed Spaces) Regulations 2022

SI 2022/137 – The Money Laundering and Terrorist Financing (Amendment) Regulations 2022

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

SI 2022/145 – The Inspectors of Education, Children’s Services and Skills Order 2022

SI 2022/141 – The Countryside Stewardship (England) (Amendment) Regulations 2022

SI 2022/139 – The Universal Credit (Work-Related Requirements) In Work Pilot Scheme (Extension) Order 2022

SI 2022/146 – The International Organization for Marine Aids to Navigation (Legal Capacities) Order 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 18th, 2022 in law reports by sally

Supreme Court

Bloomberg LP v ZXC [2022] UKSC 5 (16 February 2022 )

Court of Appeal (Civil Division)

Hyman & Ors v Revenue And Customs [2022] EWCA Civ 185 (17 February 2022)

Kocur v Angard Staffing Solutions Ltd & Anor [2022] EWCA Civ 189 (17 February 2022)

Finch On Behalf of the Weald Action Group, R (On the Application Of) v Surrey County Council & Ors [2022] EWCA Civ 187 (17 February 2022)

L (Fact-Finding Hearing: Fairness) [2022] EWCA Civ 169 (17 February 2022)

Alebrahim v BM Design London Ltd [2022] EWCA Civ 183 (17 February 2022)

The Counsel General for Wales, R (On the Application Of) v The Secretary of State for Business, Energy and Industrial Strategy [2022] EWCA Civ 181 (16 February 2022)

Steve Ward Services (UK) Ltd v Davies & Davies Associates Ltd [2022] EWCA Civ 153 (14 February 2022)

High Court (Administrative Court)

Maxfield-Martin v Solicitors Regulation Authority [2022] EWHC 307 (Admin) (17 February 2022)

SB (A Child), R (On the Application Of) v Royal Borough of Kensington & Chelsea [2022] EWHC 308 (Admin) (17 February 2022)

Good Law Project & Anor, R (On the Application Of) v The Prime Minister & Anor [2022] EWHC 298 (Admin) (15 February 2022)

Sawati v General Medical Council [2022] EWHC 283 (Admin) (11 February 2022)

High Court (Chancery Division)

BNM Parkstone LLP v Khazai & Anor [2022] EWHC 345 (Ch) (17 February 2022)

Minor Hotel Group MEA DMCC v Dymant & Anor [2022] EWHC 340 (Ch) (17 February 2022)

Waterside Nursery Ltd, Re [2022] EWHC 327 (Ch) (16 February 2022)

Cardiff City Football Club (Holdings) Ltd, Re [2022] EWHC 322 (Ch) (15 February 2022)

Wilson & Anor v McNamara & Ors [2022] EWHC 243 (Ch) (15 February 2022)

Prime London Holdings 11 Ltd Thurloe Lodge Ltd [2022] EWHC 303 (Ch) (14 February 2022)

Eville & Jones (Group) Ltd & Anor v Aldiss & Ors [2022] EWHC 269 (QB) (11 February 2022)

High Court (Commercial Court)

Floreat Investment Management Ltd v Churchill & Ors [2022] EWHC 357 (Comm) (18 February 2022)

ED & F Man Capital Markets Ltd v Come Harvest Holdings Ltd & Ors [2022] EWHC 229 (Comm) (16 February 2022 )

Vale SA v Steinmetz & Ors [2022] EWHC 343 (Comm) (15 February 2022)

Rapid Displays Inc & Anor v Ahkye & Anor [2022] EWHC 274 (Comm) (10 February 2022)

High Court (Family Division)

GC v AS (No. 2) [2022] EWHC 310 (Fam) (09 February 2022)

C (Abduction: Article 13(b) & Child’s Objections) [2022] EWHC 311 (Fam) (09 February 2022)

High Court (Queen’s Bench Division)

Hills v Tabe [2022] EWHC 316 (QB) (17 February 2022)

Richard Slade And Company Plc v Erlam [2022] EWHC 325 (QB) (16 February 2022)

Tamiz v Offley & Anor [2022] EWHC 305 (QB) (15 February 2022)

Vardy v Rooney & Anor [2022] EWHC 304 (QB) (14 February 2022)

Eville & Jones (Group) Ltd & Anor v Aldiss & Ors [2022] EWHC 269 (QB) (11 February 2022)

Source: www.bailii.org

Council agrees to pay £3,600+ over failure to secure significant part of SEN support for autistic boy – Local Government Lawyer

Posted February 18th, 2022 in autism, children, compensation, education, learning difficulties, local government, news, ombudsmen, school children, special educational needs by sally

‘A county council has agreed to pay more than £3,600 following a Local Government and Social Care Ombudsman (LGSCO) investigation into how a teenager on the autism spectrum was left without a significant proportion of his agreed special educational needs (SEN) support for up to three years.’

Full Story

Local Government Lawyer, 17th February 2022

Source: www.localgovernmentlawyer.co.uk

Electronic signatures “largest area of change” for property industry – Legal Futures

Posted February 18th, 2022 in conveyancing, delay, electronic filing, housing, news by sally

‘The use of electronic signatures has been the “single largest area of change” in technology for the property industry over the past 18 months, a survey has found.’

Full Story

Legal Futures, 16th February 2022

Source: www.legalfutures.co.uk

Radcliffe death: Driver who left girl, 11, dying in road is jailed – BBC News

Posted February 18th, 2022 in causing death of children or vulnerable adults, children, dangerous driving, homicide, imprisonment, news, sentencing by sally

‘A “reckless” driver who left an 11-year-old girl lying fatally injured in the road has been jailed.’

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BBC News, 17th February 2022

Source: www.bbc.co.uk

Security Services And Civil Liberties Groups Both Criticise Human Rights Act Overhaul – Each Other

Posted February 18th, 2022 in consultations, government departments, human rights, news, statute law revision by sally

‘The 580-page report of the Independent Human Rights Act Review (IHRAR) provides the backdrop to a series of oral evidence sessions now being held by parliament’s Joint Committee on Human Rights (JCHR). In that report, both security services and human rights charities have issued warnings to the government over proposed changes to the Human Rights Act.’

Full Story

Each Other, 17th February 2022

Source: eachother.org.uk

England and Wales to get extra 4,000 prison places in record expansion – The Guardian

Posted February 18th, 2022 in Ministry of Justice, news, prisons, statistics by sally

‘Dominic Raab has announced the creation of 4,000 new prison places in England and Wales, as the government plans for an increase of almost 25% that could take the prison population to an all-time high.’

Full Story

The Guardian, 18th February 2022

Source: www.theguardian.com

SmartWater: The forensic spray helping keep women safe – BBC News

Posted February 18th, 2022 in domestic violence, forensic science, imprisonment, news, police, self-incrimination, sentencing, victims by sally

‘The first person in the UK has been convicted and jailed for domestic abuse after being sprayed with SmartWater – a forensic liquid which shows up under ultraviolet light. The technology is being trialled by police forces in the hope of keeping women safe.’

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BBC News, 18th February 2022

Source: www.bbc.co.uk

Criminal courts face possible lawyer strike – BBC New

Posted February 17th, 2022 in barristers, criminal justice, industrial action, legal aid, news, remuneration by sally

‘Criminal barristers in England and Wales may strike, in an action that could close down Crown Courts.’

Full Story

BBC News, 16th February 2022

Source: www.bbc.co.uk