Is “Perception-Based Recording” for hate crime compatible with freedom of speech? – UK Human Rights Blog

Posted January 31st, 2022 in appeals, codes of practice, freedom of expression, hate crime, human rights, internet, news, police, transgender persons by sally

‘In R (Harry Miller) v The College of Policing [2021] EWCA Civ 1926, the Court of Appeal ruled that current police guidance on the recording of ‘hate incidents’ unlawfully interferes with the right to freedom of expression. The decision overturns a 2020 ruling by the High Court in which Mr Miller’s challenge to the lawfulness of the Hate Crime Operational Guidance was dismissed (discussed previously on this Blog here).’

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UK Human Rights Blog, 28th January 2022

Source: ukhumanrightsblog.com

Flight compensation overhaul for domestic airline passengers – The Independent

Posted January 31st, 2022 in airlines, brexit, compensation, consumer protection, delay, EC law, government departments, news by sally

‘The days of £220 payouts to delayed passengers who have paid only £30 for a domestic flight may soon be over. The Department for Transport (DfT) is consulting on proposals to overhaul the European air passengers’ rights rules for flights within the UK.’

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The Independent, 31st January 2022

Source: www.independent.co.uk

Statutory Instruments – legislation.gov.uk

Posted January 31st, 2022 in legislation by sally

SI 2022/73 – The Domestic Abuse Act 2021 (Commencement No. 3) Regulations 2022

SI 2022/69 – The Local Audit (Appointing Person) (Amendment) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 31st, 2022 in law reports by sally

Court of Appeal (Civil Division)

Greetham v Greetham [2022] EWCA Civ 49 (28 January 2022)

High Court (Administrative Court)

Henning v General Dental Council [2022] EWHC 175 (Admin) (28 January 2022)

Kays, R (On the Application Of) v Secretary of State for Work and Pensions [2022] EWHC 167 (Admin) (28 January 2022)

High Court (Chancery Division)

Johnston Wackett [2022] EWHC 129 (Ch) (28 January 2022)

Caledonian Maritime Assets Ltd v HCC International Insurance Company Plc [2022] EWHC 164 (Ch) (28 January 2022)

Manolete Partners Plc v Nag & Anor [2022] EWHC 153 (Ch) (28 January 2022)

High Court (Commercial Court)

Pisante & Ors v Logothetis & Ors [2022] EWHC 161 (Comm) (28 January 2022)

Albion Resources Ltd v Heritage Oil Ltd & Anor [2022] EWHC 162 (Comm) (28 January 2022)

High Court (Queen’s Bench Division)

Mervyn Lambert Plant Ltd & Anor v Knights Solicitors [2022] EWHC 165 (QB) (28 January 2022)

Akulinina & Anor v Ifly SA [2022] EWHC 166 (QB) (28 January 2022)

Source: www.bailii.org

High Court rejects claim council was vicariously liable after employee on “frolic of her own” leaked social care records – Local Government Lawyer

Posted January 31st, 2022 in data protection, employment, families, local government, news, vicarious liability by sally

‘Luton Borough Council was not vicariously liable for the acts of an employee who leaked sensitive data about a woman and her children, in what a High Court judge called a “classic case” of the employee being on a “frolic of her own”.’

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Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

Man jailed for stalking Hollyoaks actress – Crown Prosecution Service

Posted January 31st, 2022 in Crown Prosecution Service, harassment, imprisonment, news, restraining orders, sentencing, stalking by sally

‘A Merseyside man has been jailed for stalking Hollyoaks actress Stephanie Davis.’

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Crown Prosecution Service, 28th January 2022

Source: www.cps.gov.uk

Civil Justice Council calls for improved procedure for claims under £500 – Courts and tribunals Judiciary

Posted January 31st, 2022 in civil justice, civil procedure rules, news, small claims by sally

‘The Civil Justice Council has published its final report on the resolution of small claims (PDF, opens in a new tab), following an interim report published in June 2021.’

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Courts and tribunals Judiciary, 28th January 2022

Source: www.judiciary.uk

Diversity at the Bar improved again in 2021 but women and people from ethnic minorities are still underrepresented as QCs, says BSB report – Bar Standards Board

Posted January 31st, 2022 in barristers, diversity, equality, news, queen's counsel, statistics, women by sally

‘The Bar Standards Board (BSB) has today published its annual report on Diversity at the Bar. The report shows that the profession became increasingly diverse in 2021 and that a greater proportion of barristers disclosed their demographic data.’

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Bar Standards Board, 28th January 2022

Source: www.barstandardsboard.org.uk

Biggest civil fraud trial ends in ‘substantial’ victory for HP – Law Society’s Gazette

Posted January 31st, 2022 in damages, extradition, fraud, news by sally

‘Hewlett Packard has “substantially succeeded” in its High Court claim against the former executives of Autonomy over its disastrous $11bn takeover of the UK software company – but any damages awarded will be “considerably less” than the $5bn claimed by the US technology giant.’

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Law Society's Gazette, 28th January 2022

Source: www.lawgazette.co.uk

NHS doctor killed his partner’s father with poison, civil court finds – The Guardian

Posted January 31st, 2022 in civil justice, doctors, families, news, poisoning, unlawful killing by sally

‘An NHS doctor killed his partner’s father and almost caused the deaths of her and her mother by giving them a poison that is popular among murderers, a London court has ruled.’

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The Guardian, 31st January 2022

Source: www.theguardian.com

Sri Lankan man left in immigration limbo for decades can stay in UK – The Guardian

Posted January 31st, 2022 in appeals, delay, deportation, government departments, immigration, news by sally

‘A man who came to the UK to train as an accountant almost 40 years ago and was left homeless after a catalogue of Home Office delays has finally been granted leave to remain months before his 70th birthday.’

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The Guardian, 30th January 2022

Source: www.theguardian.com

Families win BBC payouts over 11 asbestos cancer deaths – The Guardian

Posted January 31st, 2022 in asbestos, BBC, bereavement, cancer, compensation, damages, employment, families, industrial injuries, news by sally

‘The BBC has paid £1.64m in damages over the deaths of 11 former staff who died from cancer after working in corporation buildings riddled with asbestos, the Observer can reveal.’

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The Guardian, 30th January 2022

Source: www.theguardian.com

Government to launch ‘Brexit Freedoms’ Bill to amend outdated EU law – The Independent

Posted January 31st, 2022 in bills, brexit, EC law, government departments, news, statute law revision by sally

‘The Government is planning to bring forward a “Brexit Freedoms” Bill to make it easier to amend outdated EU law, as part of a drive which it claims will “cut £1 billion of red tape” for UK businesses.’

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The Independent, 31st January 2022

Source: www.independent.co.uk

Women’s groups seek end to UK courts’ powers to jail people for own protection – The Guardian

Posted January 31st, 2022 in criminal justice, equality, imprisonment, Ministry of Justice, news, racism, women by sally

‘A coalition of women’s rights organisations has called on the UK government to abolish a law that gives courts the power to send people to prison for their own protection, as part of a 10-point plan to tackle inequalities in the criminal justice system.’

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The Guardian, 31st January 2022

Source: www.theguardian.com

Research briefing: Reaction to the Draft Online Safety Bill: A reading list – House of Commons Library

Posted January 28th, 2022 in bills, children, government departments, internet, news, parliament by sally

‘This Library Briefing provides a selection of comment on the draft Online Safety Bill.’

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House of Commons Library, 26th January 2022

Source: commonslibrary.parliament.uk

Court of Protection case review – Local Government Lawyer

Posted January 28th, 2022 in Court of Protection, families, freedom of expression, human rights, learning difficulties, local government, media, medical treatment, news, privacy, reporting restrictions by sally

‘Lauren Gardner reports on some significant recent judgments in the Court of Protection.’

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Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

Age assessment and the Kent Intake Unit social worker guidance – Local Government Lawyer

Posted January 28th, 2022 in asylum, children, detention, duty of care, government departments, immigration, local government, news, refugees, statutory duty, young persons by sally

‘The High Court has ruled that the Home Office acted unlawfully in detaining unaccompanied young people for age assessments at a port in Kent. Shu Shin Luh and Antonia Benfield explain why.’

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Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

Statutory Instruments – legislation.gov.uk

Posted January 28th, 2022 in legislation by sally

SI 2022/85 – The Train Driving Licences and Certificates (Amendment) Regulations 2022

SI 2022/73 – The Domestic Abuse Act 2021 (Commencement No. 3) Regulations 2022

SI 2022/71 – The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022

SI 2022/69 – The Local Audit (Appointing Person) (Amendment) Regulations 2022

SI 2022/66 – The Traffic Management Act 2004 (Commencement No. 10 and Savings and Transitional Provisions) (England) Order 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 28th, 2022 in law reports by sally

Court of Appeal (Civil Division)

Byers & Ors v The Saudi National Bank [2022] EWCA Civ 43 (27 January 2022)

Court of Appeal (Criminal Division)

Limon, R. v [2022] EWCA Crim 39 (20 January 2022)

High Court (Administrative Court)

Fortt, R (On the Application Of) v Financial Services Compensation Scheme Ltd [2022] EWHC 152 (Admin) (27 January 2022)

High Court (Chancery Division)

Morton v Morton & Anor [2022] EWHC 163 (Ch) (27 January 2022)

High Court (Commercial Court)

Republic of Mozambique v Credit Suisse International & Ors [2022] EWHC 157 (Comm) (27 January 2022)

High Court (Queen’s Bench Division)

Ali v Luton Borough Council [2022] EWHC 132 (QB) (27 January 2022)

Radia v Marks [2022] EWHC 145 (QB) (26 January 2022)

High Court (Technology and Construction Court)

John Graham Construction Ltd v Tecnicas Reunidas UK Ltd [2022] EWHC 155 (TCC) (27 January 2022)

Source: www.bailii.org

How will the right to work in the UK change in 2022? – EIN Blog

Posted January 28th, 2022 in brexit, EC law, employment, immigration, news, visas by sally

‘The individuals who have the right to work in the UK has changed since the Brexit agreement came into effect, and we are likely to see some of the biggest impacts of this over the next year. That means that how people come into the country and the checks that they are subject to could be facing an overhaul, so here we take a look at how the right to work in the UK is likely to change in 2022.’

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EIN Blog, 25th January 2022

Source: www.ein.org.uk