UK Covid inquiry draft terms of reference set out – BBC News
‘The draft terms of reference for the UK public inquiry into the government’s handling of the Covid-19 pandemic have been published.’
BBC News, 11th March 2022
Source: www.bbc.co.uk
Research Briefing: Expedited legislation: Public bills receiving their Second and Third Readings on the same day in the House of Commons – House of Commons Library
‘A list of public bills since 1979 whose main Commons stages (Second and Third Readings) have been passed within one day.’
House of Commons Library , 8th March 2022
Source: commonslibrary.parliament.uk
Recent Statutory Instruments – legislation.gov.uk
SI 2022/238 – The Hydrocarbon Oil Duties (Miscellaneous Amendments) Regulations 2022
SI 2022/230 – The Taxation of Chargeable Gains Act 1992 (Amendment) Regulations 2022
SI 2022/217 – The Non-Domestic Rating (Definition of Domestic Property) (England) Order 2022SI
2022/246 – The Certification Officer (Amendment of Fees) Regulations 2022
SI 2022/236 – The Guardian’s Allowance Up-rating Regulations 2022
SI 2022/255 – The Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations 2022
SI 2022/252 – The Trade Union (Levy Payable to the Certification Officer) Regulations 2022
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Supreme Court
Croydon London Borough Council v Kalonga [2022] UKSC 7 (09 March 2022)
Court of Appeal (Civil Division)
Baker & Anor v Financial Conduct Authority (Re Ipagoo LLP) [2022] EWCA Civ 302 (09 March 2022)
Court of Appeal (Criminal Division)
Zeroual, R. v [2022] EWCA Crim 288 (08 March 2022)
High Court (Administrative Court)
L & Ors, R (On the Application Of) v Devon County Council [2022] EWHC 493 (Admin) (08 March 2022)
High Court (Chancery Division)
Campbell v Tyrrell & Ors [2022] EWHC 423 (Ch) (08 March 2022)
McClean & Ors v Thornhill [2022] EWHC 457 (Ch) (08 March 2022)
High Court (Commercial Court)
BP Oil International Ltd v Glencore Energy UK Ltd [2022] EWHC 499 (Comm) (09 March 2022)
High Court (Queen’s Bench Division)
Clarke v Kalecinski & Ors [2022] EWHC 488 (QB) (08 March 2022)
SMO (A Child) v Tiktok Inc & Ors (Rev1) [2022] EWHC 489 (QB) (08 March 2022)
Source: www.bailii.org
Lumley v Foster – the danger of oral contracts and contracting with the correct entity – Practical Law: Construction Blog
‘Despite the volumes of case law illustrating the dangers of not having a written contract when carrying out a construction project, it is still common practice, particularly for smaller domestic projects and in this current market where builders are in high demand, for parties not to have a formal contract. Nine times out of ten all will be absolutely fine: works will progress, any small issues will be amicably overcome between the parties, the project will complete and everyone will be satisfied with the result. But construction projects can be uncertain beasts. Every now and then, things won’t run so smoothly. There may be defects, delays, cost pressures, design changes, or any variety of unforeseen issues. This is when not having a written contract to fall back on can become a real problem. The case of Lumley v Foster is a good reminder of what can happen if a written contract is not put in place.’
Practical Law: Construction Blog. 9th March 2022
Alison Young: Declaratory Orders and Constitutional Guardrails – UK Constitutional Law Association
‘The recent decision of the Supreme Court in Craig v HM Advocate (for the Government of the United States of America) affirms the core constitutional expectation that the executive will comply with declaratory orders. On its face, this appears to be quite unassuming. Yet it raises fundamental issues of inter-institutional comity and the importance of constitutional guardrails and safeguards.’
UK Constitutional Law Association, 10th March 2022
Source: ukconstitutionallaw.org
Claimants secure key High Court ruling on timeframe for reviewing Education, Health and Care plans – Local Government Lawyer
‘The High Court has ruled in favour of three claimants in a dispute over whether there is a fixed timeframe in respect of steps in the amendment of an Education, Health and Care (EHC) plan where a local authority accepts amendment is necessary, during the compulsory statutory annual review.’
Local Government Lawyer, 9th March 2022
Source: www.localgovernmentlawyer.co.uk
Serial fly-tipper jailed after three councils pool legal resources and bring joint prosecution – Local Government Lawyer
‘A joint prosecution by three councils has seen a serial fly-tipper sentenced to 21 months in prison and his van seized. Hillingdon Council teamed up with Buckinghamshire Council and Sutton Council to tackle what was described as Dean Stanley’s “deliberate and flagrant” campaign of dumping.’
Local Government Lawyer, 10th March 2022
Source: www.localgovernmentlawyer.co.uk
Gender equality: More flexible working, less unconscious bias training – Legal Futures
‘The legal profession is “making progress” towards more equitable gender representation at a senior level, but there is plenty of scope for improvement, new research has found.’
Legal Futures, 10th March 2022
Source: www.legalfutures.co.uk
Speech by Lord Justice Birss at the UCL and Intellectual Property Awareness Network event – Courts and Tribunals Judiciary
‘Lord Justice Colin Birss, Deputy Head of Civil Justice, gave the keynote speech at the University of College London and Intellectual Property Awareness Network (IPAN) event. In his speech, entitled “Can the IP system serve small businesses better?”, he said: “In its broadest sense intellectual property is doing its job most acutely when it is in a David and Goliath situation.”‘
Courts and Tribunals Judiciary, 9th March 2022
Source: www.judiciary.uk
TikTok: lawyers ‘unwisely’ waited until last minute – Law Society’s Gazette
‘The High Court has dealt a blow to the claimant in a high-profile privacy claim against social media platform TikTok after refusing an extension of time for service.
In SMO (A Child) v Tiktok Inc & Ors Mr Justice Nicklin said that the “inescapable reality” of why the claimant needed an extension was that she had waited until the last minute to meet key deadlines.’
Law Society's Gazette, 9th March 2022
Source: www.lawgazette.co.uk
Three million dead can be part of Mastercard action – Law Society’s Gazette
‘Around three million now-dead people can continue to be part of a mammoth group action against Mastercard after the Competition Appeal Tribunal today ruled that anyone living in the UK when the claim form was filed should be part of the class.’
Law Society's Gazette, 9th March 2022
Source: www.lawgazette.co.uk
Widow ‘mourned at wrong grave for 27 years after husband’s ashes secretly given to his mother’ – The Independent
‘Kathleen Walsham is suing funeral giant Dignity for psychological personal injury after she claims she was told in 2016 that her husband’s remains had been buried 10 miles away in Essex.’
The Independent, 9th March 2022
Source: www.independent.co.uk
Andy Burnham’s move to bring bus services under public control ‘not unlawful’ – The Independent
‘Andy Burnham’s decision to reform bus services to bring them under public control in Greater Manchester was not unlawful, a High Court judge has found in a ruling against two bus companies.’
The Independent, 9th March 2022
Source: www.independent.co.uk
Catholic church bans visit by gay author to London school – The Guardian
‘The Catholic church has banned a visit to a London school by a gay author and removed a number of governors who supported the event, in a move that has drawn comparisons to the notorious 1980s section 28 ban on “promoting homosexuality”.’
The Guardian, 9th March 2022
Source: www.theguardian.com
Landowner facing legal action over ‘decimation’ of Herefordshire river – The Guardian
‘A landowner is facing legal action for what environmental regulators say is the decimation of a protected river.’
The Guardian, 9th March 2022
Source: www.theguardian.com
Domestic abuse: The ‘forgotten’ victims failed by the system – BBC News
‘Many women arrive in the UK in a happy relationship and the legal right to live with their partner. But some of those relationships break down and turn into a life of physical and sexual abuse. For those with an insecure immigration status, it can be difficult to escape, with very few legal rights and limited access to help. One charity is calling for better support for these “forgotten” victims of domestic abuse.’
BBC News, 10th March 2022
Source: www.bbc.co.uk
Protecting the identity of a child whose sibling has been killed by their parents – Transparency Project
‘This was the issue in the landmark human rights case, Re S [2004] UKHL 47, in which Lord Steyn formulated the test in balancing privacy interests under Article 8 of the European Convention on Human Rights with freedom of expression interests under Article 10. Lord Steyn’s formula is relied on (or should be) every time the media argue that it’s in the public interest to breach someone’s Article 8 rights. Likewise, every time an individual argues their privacy rights outweigh freedom of expression, we go to Re S.’
Transparency Project, 8th March 2022
Source: www.transparencyproject.org.uk
UK owes EU money over customs fraud, court rules – BBC News
‘The UK faces making a potentially hefty payment to the EU after its top court ruled it did too little to prevent fraud on imports of Chinese clothing.’
BBC News, 8th March 2022
Source: www.bbc.co.uk
