Council concedes High Court challenge to grant of prior approval over failure to undertake sufficient inquiries – Local Government Lawyer

Posted April 7th, 2022 in local government, news, planning by sally

‘A council has conceded a High Court challenge to its grant of prior approval for a maize storage bunker and effluent tanker on a farm, over its failure to undertake sufficient inquiries for the purposes of establishing that the application was for permitted development within the class.’

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Local Government Lawyer, 6th April 2022

Source: www.localgovernmentlawyer.co.uk

Sam Davies murder: Four guilty of Lincoln hitman killing – BBC News

Posted April 7th, 2022 in murder, news by sally

‘Four men have been found guilty of murdering a man who was “executed in cold blood” in a Lincoln park.’

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BBC News, 6th April 2022

Source: www.bbc.co.uk

Man jailed for 30 years for using car as murder weapon – The Guardian

Posted April 7th, 2022 in grievous bodily harm, imprisonment, murder, news, robbery, sentencing by sally

‘A driver who left another man for dead in the road after dragging him more than half a mile in a “cruel” revenge attack will spend at least 30 years behind bars.’

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The Guardian, 6th April 2022

Source: www.theguardian.com

New Acts – legislation.gov.uk

Posted April 7th, 2022 in education, employment, energy, legislation, nuclear power by sally

2022 c. 15 – Nuclear Energy (Financing) Act 2022

2022 c. 13 – Education (Careers Guidance in Schools) Act 2022

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted April 7th, 2022 in legislation by sally

SI 2022/428 – The Social Security Benefits (Claims and Payments) (Modification) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 7th, 2022 in law reports by sally

Court of Appeal (Civil Division)

Samsung Electronics Co. Ltd & Ors v LG Display Co. Ltd & Anor (Costs) [2022] EWCA Civ 466 (06 April 2022)

Chelfat v Hutchinson 3G UK Ltd [2022] EWCA Civ 455 (06 April 2022)

Volpi & Anor v Volpi [2022] EWCA Civ 464 (05 April 2022)

Sheakh, R (On the Application Of) v London Borough of Lambeth Council [2022] EWCA Civ 457 (05 April 2022)

Griffiths v Tickle & Ors (Re Disclosure by Counsel for Appellant and Application by First Respondent) [2022] EWCA Civ 465 (05 April 2022)

Court of Appeal (Criminal Division)

Paterson, R. v [2022] EWCA Crim 456 (06 April 2022)

High Court (Administrative Court)

Secretary of State for the Home Department v TL [2022] EWHC 825 (Admin) (06 April 2022)

Dr MXM v General Medical Council [2022] EWHC 817 (Admin) (06 April 2022)

High Court (Chancery Division)

Sheeran & Ors v Chokri & Ors [2022] EWHC 827 (Ch) (06 April 2022)

Denaxe Limited v Cooper & Anor [2022] EWHC 764 (Ch) (06 April 2022)

Hunt v Balfour-Lynn & Ors [2022] EWHC 784 (Ch) (06 April 2022)

High Court (Commercial Court)

Epoq Legal Ltd v Das Legal Expenses Insurance Company Ltd [2022] EWHC 759 (Comm) (06 April 2022)

High Court (Queen’s Bench Division)

Sivananthan v Vasikaran [2022] EWHC 837 (QB) (06 April 2022)

Source: www.bailii.org

Ed Sheeran wins Shape of You copyright case and hits out at ‘baseless’ claims – BBC News

Posted April 6th, 2022 in artistic works, copyright, intellectual property, news by sally

‘Ed Sheeran has won a High Court copyright battle over his 2017 hit Shape of You.’

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BBC News, 6th April 2022

Source: www.bbc.co.uk

Changes to the Law on Using a Mobile Phone While Driving – 4 King’s Bench Walk

Posted April 6th, 2022 in chambers articles, dangerous driving, news, road safety, telecommunications by sally

‘In 2003 the Road Vehicles (Construction and Use) (Amendment) Regulations created a specific offence of using a mobile phone while driving. Subsection 110(6)(a) of those Regulations states that a mobile telephone is to be treated as hand-held ‘if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function’.’

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4 King's Bench Walk, 25th March 2022

Source: www.4kbw.co.uk

Case Comment: R (on the application of Z) v Hackney LBC [2020] UKSC 40 – UKSC Blog

Posted April 6th, 2022 in appeals, EC law, equality, housing, human rights, Judaism, landlord & tenant, local government, London, news, proportionality, race discrimination, Supreme Court by sally

‘The narrow result of this appeal is that, on the facts, it was proportionate and lawful for a charity to restrict the allocation of its housing stock to Orthodox Jewish families. However, in reaching that conclusion, Lord Sales, giving the leading judgment, made a number of points of wider importance.’

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UKSC Blog, 4th April 2022

Source: ukscblog.com

No-Fault Divorce: Who’s to blame? – 33 Bedford Row

Posted April 6th, 2022 in chambers articles, divorce, families, married persons, news by sally

‘Today [5 April], the long-awaited Divorce, Dissolution and Separation Act 2020 has finally come into force, and in this article, we look at what this will mean for divorce applications going forward.’

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33 Bedford Row, 5th April 2022

Source: www.33bedfordrow.co.uk

Can Arslan found guilty of murdering neighbour – BBC News

Posted April 6th, 2022 in expert witnesses, mental health, murder, news by sally

‘A man who subjected his neighbours to years of anti-social behaviour before stabbing one of them to death has been found guilty of murder.’

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BBC News, 5th April 2022

Source: www.bbc.co.uk

Autistic girl, 14, unlawfully detained in hospital, high court judge finds – The Guardian

Posted April 6th, 2022 in autism, children, detention, hospitals, news, restraint by sally

‘A 14-year-old autistic girl was unlawfully detained in hospital and restrained in front of scared young patients, a high court judge has found.’

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The Guardian, 5th April 2022

Source: www.theguardian.com

Limiting the scope of psychiatric evidence in criminal trials – Case Analysis – R v BRM [2022] EWCA Crim 385 – 4 King’s Bench Walk

Posted April 6th, 2022 in appeals, autism, chambers articles, evidence, expert witnesses, mental health, murder, news, young offenders by sally

‘The case related to the murder of Ollie Stephens, the trial of which occurred at Reading Crown Court in June to July 2021 and was widely reported in the national media. Mr Raggatt and Mr Moss appeared on behalf of BRM, instructed by Heather Howe of Andrew Storch Solicitors, a 14 year-old boy, 13 at the time of the killing, with a longstanding diagnosis of Asperger’s/Autistic Spectrum Disorder (ASD). An intermediary assisted him throughout the trial and during the giving of evidence.’

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4 King's Bench Walk, 1st April 2022

Source: www.4kbw.co.uk

Who Needs to Know? – Devereux Chambers

Posted April 6th, 2022 in chambers articles, disclosure, news by sally

‘When a judge is asked to award an interim payment, should they be told about negotiations to settle? In an article for PI Focus, Rob Hunter and Bethany Sanders of Leigh Day examine what led to the different outcomes in Fryer v London Transport Executive [1982] 11 WLUK 247 Times, December 4, 1982 [1982] C.L.Y and Handyside v Lowery (Newcastle upon Tyne District Registry, 2 April 2015, unreported), and consider whether there are grounds for treating different types of offers differently.’

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Devereux Chambers, 30th March 2022

Source: www.devereuxchambers.co.uk

Dance teacher who ‘bombarded’ boy, 13, with sexual Whatsapp messages after he asked her to stop is spared jail – The Independent

Posted April 6th, 2022 in abuse of position of trust, children, news, sentencing, sexual offences, suspended sentences, teachers, telecommunications by sally

‘A married dance teacher who “bombarded” a 13-year-old boy with sexual messages has been spared jail.’

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The Independent, 5th April 2022

Source: www.independent.co.uk

Case Comment: Croydon London Borough Council v Kalonga [2022] UKSC 7 – UKSC Blog

Posted April 6th, 2022 in appeals, forfeiture, housing, landlord & tenant, local government, news, repossession, Supreme Court by sally

‘Ms Chipo Kalonga (“Ms Kalonga”) was the tenant of a property in Croydon under a flexible tenancy for a fixed term of five years from 25 May 2015 to 24 May 2020 (the “Tenancy Agreement“). Croydon London Borough Council was her landlord (“Croydon“).’

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UKSC Blog, 5th April 2022

Source: ukscblog.com

New rules on gambling adverts ban celebrities and sports stars – BBC News

Posted April 6th, 2022 in advertising, children, gambling, news, performing arts, regulations, sport by sally

‘Footballers, celebrities and social media influencers will be banned from gambling adverts under new rules.’

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BBC News, 5th April 2022

Source: www.bbc.co.uk

Class as a protected characteristic? – 12 King’s Bench Walk

Posted April 6th, 2022 in chambers articles, employment, equality, news by sally

‘The social, economic and cultural effects of the pandemic are likely to cast a long shadow into the future, exacerbating existing inequalities and creating new ones. One impact is that social inequality is set to rise. Could social class be protected under the Equality Act 2010, and what would it mean for employees and employers?’

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12 King's Bench Walk, 10th March 2022

Source: www.12kbw.co.uk

Business Rates – Actual Occupation and Preparing Hereditament for Contemplated Use – 33 Bedford Row

Posted April 6th, 2022 in chambers articles, news, rates by sally

‘In determining whether someone with a physical presence on a hereditament is in rateable occupation for the purposes of national non-domestic rating (‘Business Rates’) under section 43(1) of the Local Government Finance Act 1988 (‘LGFA 1988’), it is necessary to determine whether that person satisfies the fourfold test set out in Laing & Sons v Kingswood AC [1949] 1 KB 344 (‘Laing’), at 350.”

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33 Bedford Row, 30th March 2022

Source: www.33bedfordrow.co.uk

Separated Parents: Sharing Parental Responsibility – Becket Chambers

Posted April 6th, 2022 in chambers articles, children, families, family courts, news, parental responsibility by sally

‘Thankfully, most parents who go through the challenges of separation do manage to co-parent and make joint decisions regarding the upbringing of their child or children. Sadly, this is not always the case. The family courts see a large number of cases where in the context of custody or contact disputes, the right to make decisions can become part of the battle ground. The disputes can range from the significant to the relatively trivial.’

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Becket Chambers, 1st April 2022

Source: becket-chambers.co.uk