New Highway Code rules change who has priority at roundabouts – The Independent

Posted January 24th, 2022 in codes of practice, news, roads by sally

‘Three new updates will be implemented from next week.’

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The Independent, 24th January 2022

Source: www.independent.co.uk

UK taxpayers to pay former Post Office workers up to £1bn compensation – The Guardian

‘UK taxpayers could have to pay as much as £1bn in compensation to former Post Office workers wrongly convicted of theft due to the defective Horizon IT system.’

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The Guardian, 23rd January 2022

Source: www.theguardian.com

Court of appeal to hear challenge over media ban from Prince Philip’s will court case – The Guardian

Posted January 24th, 2022 in appeals, media, news, reporting restrictions, royal family, wills by sally

‘A legal challenge over a decision to ban media organisations from a court case about the Duke of Edinburgh’s will is to be heard by the court of appeal.’

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The Guardian, 24th January 2022

Source: www.theguardian.com

Liverpool bomber papers raise fresh questions for Home Office – BBC News

Posted January 24th, 2022 in appeals, asylum, explosives, government departments, immigration, news, terrorism by sally

‘New details have emerged about the Liverpool bomber Emad Al Swealmeen’s failed asylum attempts – and the false information he used to make his cases.’

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BBC News, 24th January 2022

Source: www.bbc.co.uk

Court of Appeal rules equity partner’s demotion was not conduct extending over a period but a one-off act with continuing consequences – Farrar’s Building

‘Claimants wishing to bring a discrimination claim under the Equality Act 2010 must do so within 3 months of the discriminatory conduct. Claimants can bring their claim in respect of conduct extending beyond 3 months if the conduct was a sequence of events and the last chain in the event occurred within 3 months of the claim. But when is conduct extending over a period and when is the conduct simply a one-off act with continuing consequences? In Parr v MSR Partners LLP (Formerly Moore Stephens LLP) and Others [2022] EWCA Civ 24, the Court of Appeal held that an equity partner’s demotion to salaried partner was not a continuing act even if he suffered losses many years after the demotion. The demotion was the point at which limitation ran.’

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Farrar's Building, 19th January 2022

Source: www.farrarsbuilding.co.uk

Lawyer jailed after defying order to hand over firm’s files to SRA – Legal Futures

‘A lawyer has been jailed for 13 months after showing a “brazen disregard” for his regulator by failing to hand over his firm’s files to the Solicitors Regulation Authority (SRA).’

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Legal Futures, 21st January 2022

Source: www.legalfutures.co.uk

Migrants win High Court unlawful age assessment challenge – BBC News

Posted January 21st, 2022 in asylum, children, government departments, immigration, news, refugees, young persons by sally

‘Two migrants have won a High Court battle after complaining about how their ages were assessed when they arrived in the UK.’

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BBC News, 20th January 2022

Source: www.bbc.co.uk

Stephen Tierney and Alison Young: Constitution Committee report on the Future Governance of the UK – UK Constitutional Law Association

‘Following a year-long inquiry into the future governance of the United Kingdom, the House of Lords Constitution Committee today publishes its report, Respect and Co-operation: Building a Stronger Union for the 21st century.’

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UK Constitutional Law Association, 20th January 2022

Source: ukconstitutionallaw.org

Fly-tipping: Government plans to tackle ‘new narcotics’ of waste crime – BBC News

Posted January 21st, 2022 in environmental health, government departments, news, waste by sally

‘The government has announced plans to tackle what the head of the Environment Agency has called the “new narcotics” of fly-tipping and waste crime.’

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BBC News, 21st January 2022

Source: www.bbc.co.uk

Criminal prosecution delays hit record 708 days – BBC News

‘Delays in prosecuting suspected criminals have hit a record 708 days for the average time it takes to go from offence to completion of a case.’

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BBC News, 20th January 2022

Source: www.bbc.co.uk

Bakery handed £26k fine after dishwasher pollutes stream – Local Government Lawyer

Posted January 21st, 2022 in environmental protection, fines, local government, news, pollution, Wales, waste, water by sally

‘A Natural Resources Wales (NRW) prosecution has seen a bakery fined for polluting a stream with its dishwasher.’

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Local Government Lawyer, 20th January 2022

Source: www.localgovernmentlawyer.co.uk

End-to-end encryption protects children, says UK information watchdog – The Guardian

Posted January 21st, 2022 in children, data protection, delay, internet, news, ombudsmen, privacy, telecommunications by sally

‘The UK data watchdog has intervened in the debate over end-to-end encryption, warning that delaying its introduction puts “everyone at risk” including children.’

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The Guardian, 21st January 2022

Source: www.theguardian.com

Care home staff jailed for degrading acts to vulnerable man – BBC News

‘Three care home workers have been jailed for 18 months for mistreating a vulnerable man.’

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BBC News, 20th January 2022

Source: www.bbc.co.uk

TCC severs adjudicator’s decision – Practical Law: Construction Blog

Posted January 20th, 2022 in building law, construction industry, dispute resolution, news, set-off by sally

‘I appreciate that not everyone will agree but, as well as striving to get to the right answer, correctly applying the law, and so on, most adjudicators also want to provide the parties with a decision that is ultimately enforceable by the TCC. I think I also speak for most adjudicators when I say that it comes as somewhat of a relief when we read a judgment on BAILII or the like and we’ve been enforced.

But what about cases where only part of the decision is enforced, and the other part is severed? It is arguable that for the adjudicator it is, to use the language of the Black Knight in Monty Python and the Holy Grail, “just a flesh wound”. However, I can attest to the fact that it is frustrating, having been one of the first adjudicators to be severed back in 2012 in Beck Interiors v UK Flooring Contractors. I was thoroughly annoyed with myself for getting it wrong and only part of my decision was enforced (but I was assured by my peers that “tis but a scratch”).’

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Practical Law: Construction Blog, 19th January 2022

Source: constructionblog.practicallaw.com

BAILII: Recent Decisions

Posted January 20th, 2022 in law reports by sally

High Court (Administrative Court)

MA & Anor, R (On the Application Of) v Coventry City Council & Anor [2022] EWHC 98 (Admin) (19 January 2022)

High Court (Chancery Division)

Vneshprombank LLC v Bedzhamov [2022] EWHC 101 (Ch) (19 January 2022)

High Court (Commercial Court)

The Huntsworth Wine Company Ltd v London City Bond Ltd [2022] EWHC 98 (comm) (19 January 2022)

High Court (Queen’s Bench Division)

O’Grady v B15 Group Ltd [2022] EWHC 67 (QB) (17 January 2022)

Source: www.bailii.org

Statutory Instruments – legislation.gov.uk

Posted January 20th, 2022 in legislation by sally

SI 2022/54 – The Family Proceedings Fees (Amendment) Order 2022

SI 2022/41 – The Merchant Shipping (High Speed Offshore Service Craft) Regulations 2022

SI 2022/31 – The Companies (Strategic Report) (Climate-related Financial Disclosure) Regulations 2022

Source: www.legislation.gov.uk

Should We All Have The Right To Die On Our Own Terms? – Each Other

Posted January 20th, 2022 in assisted suicide, bills, disabled persons, euthanasia, news by sally

‘As the Assisted Dying Bill is scrutinised in parliament, the debate over whether terminally ill people should have the right to die is heating up again. So, what could a right to die look like in the UK?’

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Each Other, 20th January 2022

Source: eachother.org.uk

Some clinical trials will be able to be conducted in the UK without prior regulatory review under legislative reforms set out by regulators. – OUT-LAW.com

Posted January 20th, 2022 in consultations, health, medicines, news by sally

‘The proposals, developed by the Medicines and Healthcare products Regulatory Agency (MHRA) and Health Research Authority (HRA) in collaboration with clinical research experts, are aimed at ending the existing “one size fits all” approach to clinical trials regulation in the UK and replacing it with a risk-based framework.’

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OUT-LAW.com, 18th January 2022

Source: www.pinsentmasons.com

Gaps in Time and Space: Claims for Clinical Negligence by Secondary Victims following Paul v Royal Wolverhampton NHS Trust – Ropewalk Clinical Negligence Blog

Posted January 20th, 2022 in hospitals, negligence, news, psychiatric damage, third parties by sally

‘A heavyweight Court of Appeal, comprising the Master of the Rolls, the Vice President of the Court of Appeal (Civil Division) and Nicola Davies LJ has handed down judgment in the conjoined appeals of Paul v Wolverhampton NHS Trust; Polmear v Royal Cornwall Hospital NHS Trust; Purchase v Ahmed [2022] EWCA Civ 12 (referred to, together, in this post as “Paul”). The appeal has been awaited and closely watched, dealing as it does with claims for psychiatric injury by secondary victims (that category of cases referred to, historically, as “nervous shock claims”) in a clinical negligence context. The Master of the Rolls gave the leading judgment, with which the Vice President and Nicola Davies LJ agreed.’

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Ropewalk Clinical Negligence Blog, 18th January 2022

Source: www.ropewalk.co.uk