Self-Employment Support Scheme appeal dismissed – UK Human Rights Blog

Posted January 18th, 2022 in coronavirus, human rights, maternity leave, news, self-employment, sex discrimination, taxation, women by sally

‘R. (on the application of Motherhood Plan) v HM Treasury [2021] EWCA Civ 1703. In a judgment handed down on 24 November 2021, the Court of Appeal dismissed an appeal concerning the lawfulness of the Self-Employment Income Support Scheme (“the Scheme”) which was introduced by the Government in April 2020 during the first lockdown as part of its response to the Covid-19 pandemic.’

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UK Human Rights Blog, 17th January 2022

Source: ukhumanrightsblog.com

Remedying breaches of the Public Sector Equality Duty – Local Government Lawyer

Posted January 18th, 2022 in equality, housing, landlord & tenant, mental health, news, repossession by sally

‘Is it possible to remedy a breach of the public sector equality duty (PSED)? Katherine Apps analyses an important Court of Appeal ruling.’

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Local Government Lawyer, 17th January 2022

Source: www.localgovernmentlawyer.co.uk

Family mediation scheme to help thousands more parents – Ministry of Justice

Posted January 18th, 2022 in dispute resolution, divorce, families, news, press releases by sally

‘Thousands more separating parents will avoid stressful courtroom battles as the Government boosts its landmark family mediation scheme with an additional £1.3 million.’

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Ministry of Justice, 16th January 2022

Source: www.gov.uk

Mastercard fined £31.5m for operating cartel in pre-paid card market – The Independent

Posted January 18th, 2022 in competition, consumer credit, fines, news by sally

‘Mastercard is among five firms that have been fined £33m by regulators for operating cartels in which they agreed not to poach each others customers for pre-paid cards.’

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The Independent, 18th January 2022

Source: www.independent.co.uk

“Warehoused” case against law firm struck out – Legal Futures

Posted January 18th, 2022 in abuse of process, conspiracy, fraud, law firms, negligence, news, striking out by sally

‘The High Court has struck out a professional negligence claim against a London law firm that it decided had been “warehoused”.’

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Legal Futures, 18th January 2022

Source: www.legalfutures.co.uk

Negligence claim brought over negligence claim to proceed – Legal Futures

Posted January 18th, 2022 in appeals, legal advice, negligence, news, sale of land, summary judgments, valuation by sally

‘A claimant suing his solicitors for negligence in how they pursued a claim for negligence against other solicitors has failed in his application for permission to appeal a ruling that refused summary judgment in his favour.’

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Legal futures, 18th January 2022

Source: www.legalfutures.co.uk

Research Briefing: New-build housing: construction defects – issues and solutions (England) – House of Commons Library

Posted January 18th, 2022 in building law, construction industry, consumer protection, housing, news by sally

‘New-build housing: construction defects – issues and solutions (England).’

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House of Commons Library, 17th January 2022

Source: commonslibrary.parliament.uk

‘Westernisation’ can provide basis for leave to remain in UK, tribunal rules – Law Society’s Gazette

Posted January 18th, 2022 in Iraq, Islam, news, refugees, treaties by sally

‘Westernisation can provide a basis for a claim for leave to remain in the UK where individuals face a real risk of persecution if they would not be able to adhere to the norms of conservative societies, a tribunal has ruled.’

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Law Society's Gazette, 18th January 2022

Source: www.lawgazette.co.uk

‘No going back’: Criminal bar gives resounding ‘yes’ to direct action – Law Society’s Gazette

Posted January 18th, 2022 in barristers, criminal justice, industrial action, legal aid, news, remuneration by sally

‘The criminal bar could take direct action in April if the government fails to substantially increase legal aid funding by the end of March.’

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Law Society's Gazette, 18th January 2022

Source: www.lawgazette.co.uk

Raab defends plan to double magistrates’ sentencing powers – The Independent

Posted January 18th, 2022 in courts, delay, imprisonment, magistrates, news, sentencing by sally

‘The Justice Secretary has dismissed criticism of plans to double magistrates’ sentencing powers in a bid to tackle the backlog of cases waiting to be dealt with by criminal courts.’

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The Independent, 18th January 2022

Source: www.independent.co.uk

Appeal court overturns ‘unlawful’ ruling over Covid contract for Cummings friends – The Independent

Posted January 18th, 2022 in appeals, contracts, coronavirus, news, public procurement by sally

‘The Court of Appeal has overturned a ruling that a Covid contract given to a company whose founders were friends of former Downing Street adviser Dominic Cummings was unlawful.’

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The Independent, 18th January 2022

Source: www.independent.co.uk

‘Loud’ academic awarded more than £100,000 for unfair dismissal – The Guardian

Posted January 18th, 2022 in compensation, news, unfair dismissal, universities by sally

‘A senior academic who says she was sacked from her post in a university’s physics department because of her loud voice has been awarded more than £100,000 after winning a claim for unfair dismissal.’

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The Guardian, 18th January 2022

Source: www.theguardian.com

Magistrates to get power to jail offenders for a year – BBC News

Posted January 18th, 2022 in courts, delay, imprisonment, magistrates, news, sentencing by sally

‘Magistrates in England and Wales will have greater sentencing powers to enable them to take on more cases, under plans to clear court backlogs.’

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BBC news, 18th January 2022

Source: www.bbc.co.uk

Settled by Settlers – Nearly Legal

Posted January 17th, 2022 in appeals, housing, landlord & tenant, leases, news, service charges, Supreme Court by sally

‘FirstPort Property Services Ltd v Settlers Court RTM Co Ltd [2022] UKSC 1 is a big deal in the world of residential leasehold property disputes. Whilst I can’t say that the result is particuarly surprising, I imagine it has sent lawyers, RTM company directors and the Law Commission into a bit of a spin.’

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Nearly Legal, 15th January 2022

Source: nearlylegal.co.uk

‘The present proceedings should never have been brought.’ ASB and disability discrimination. – Nearly Legal

Posted January 17th, 2022 in disability discrimination, disabled persons, equality, harassment, housing, injunctions, mental health, news, nuisance by sally

‘Rosebery Housing Association Ltd v Williams & Anor (2021) EW Misc 22 (CC). Applications for injunctions under Part 1 of ASBCPA 2014 seem to be all the rage at moment, so it is refreshing to read the judgment in Rosebery Housing Association v Williams which was handed down by HHJ Luba QC late last year. The judgment provides a helpful list of what-not-to-do in situations where there are allegations of anti-social behaviour levelled at a disabled tenant, particularly where the tenant has made serious allegations of her own.’

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Nearly Legal, 16th January 2022

Source: nearlylegal.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 17th, 2022 in legislation by sally

SI 2022/32 – The Whole of Government Accounts (Designation of Bodies) Order 2022

SI 2022/30 – The Occupational and Personal Pension Schemes (Disclosure of Information) (Requirements to Refer Members to Guidance etc.) (Amendment) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 17th, 2022 in law reports by sally

Court of Appeal (Civil Division)

Aviva Insurance Ltd & Anor v Secretary of State for Work and Pensions [2022] EWCA Civ 15 (14 January 2022)

Tuke v Hood [2022] EWCA Civ 23 (14 January 2022)

Pearce, R (On the Application Of) v Parole Board of England and Wales & Anor [2022] EWCA Civ 4 (14 January 2022)

Ceredigion Recycling & Furniture Team v Pope & Anor [2022] EWCA Civ 22 (14 January 2022)

Parr v MSR Partners LLP & Ors [2022] EWCA Civ 24 (14 January 2022)

Lufthansa Technik AG v Astronics Advanced Electronics Systems & Ors [2022] EWCA Civ 20 (14 January 2022)

Court of Appeal (Criminal Division)

Brown, R. v [2022] EWCA Crim 6 (14 January 2022)

High Court (Administrative Court)

Wiltshire Council v Secretary of State for Housing Communities and Local Government & Anor [2022] EWHC 36 (Admin) (14 January 2022)

AXG, R (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 56 (Admin) (14 January 2022)

Marek Vajdik v Bratislava District Court (Slovakia) (Rev1) [2022] EWHC 55 (Admin) (14 January 2022)

High Court (Chancery Division)

Retirement Villages Developments Ltd v Punch Partnerships (PTL) Ltd [2022] EWHC 65 (Ch) (14 January 2022)

Peter Sharp & Son (a Firm) v GEA Farm Technologies (UK) Ltd [2022] EWHC 64 (Ch) (14 January 2022)

De La Rue Plc & Ors v De La Rue Pension Trustee Ltd & Anor [2022] EWHC 48 (Ch) (14 January 2022)

Levi Solicitors LLP v Wilson & Anor [2022] EWHC 24 (Ch) (14 January 2022)

High Court (Commercial Court)

Alfozan v Quastel Midgen LLP [2022] EWHC 66 (Comm) (14 January 2022)

High Court (Technology and Construction Court)

Atos Services UK Ltd v Secretary of State for Business, Energy, and Industrial Strategy & Anor [2022] EWHC 42 (TCC) (17 January 2022)

Hirst & Anor v Dunbar & Ors [2022] EWHC 41 (TCC) (14 January 2022)

Source: www.bailii.org

Family mediation scheme to help thousands more parents – Ministry of Justice

Posted January 17th, 2022 in children, dispute resolution, divorce, families, financial dispute resolution, Ministry of Justice, news by sally

‘Thousands more separating parents will avoid stressful courtroom battles as the Government boosts its landmark family mediation scheme with an additional £1.3 million.’

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Ministry of Justice, 16th January 2022

Source: www.gov.uk

High Court allows in-house lawyer to appear in $213m contract battle – Legal Futures

Posted January 17th, 2022 in Commercial Court, contracts, legal representation, news, skeleton arguments, solicitors by sally

‘The High Court has taken the unusual step of allowing a Hong Kong media company to be represented in court by its in-house lawyer in a $213m contract dispute after its external solicitors withdrew.’

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Legal Futures, 17th January 2022

Source: www.legalfutures.co.uk

UK sets global transparency standard for asset returns – Home Office

Posted January 17th, 2022 in assets recovery, codes of practice, corruption, foreign jurisdictions, government departments, news, proceeds of crime by sally

‘The UK is the first country to publish its policy and principles on international asset returns.’

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Home Office, 13th January 2022

Source: www.gov.uk