Chelsea fan jailed for anti-Semitic tweets aimed at Spurs supporters – BBC News

Posted November 5th, 2021 in hate crime, imprisonment, internet, Judaism, malicious communications, news, sentencing, sport by michael

“A Chelsea supporter who posted anti-Semitic tweets aimed at Tottenham fans, including photos of Auschwitz and a man doing a Nazi salute, has been jailed.”

Full Story

BBC News, 5th November 2021

Source: www.bbc.co.uk

Solicitor struck off for misleading client about settlement – Legal Futures

“An experienced solicitor who worked at Slater & Gordon has been struck off after telling a personal injury client that her case was ongoing when it had actually settled and using some of the money to pay other clients damages they were not entitled to.”

Full Story

Legal Futures, 4th November 2021

Source: www.legalfutures.co.uk

Guest blog: “Perhaps now it is time for more direct action” at the criminal Bar – Bar Council

Posted November 5th, 2021 in barristers, budgets, criminal justice, news, pupillage, statistics by michael

“My Chambers took part in this year’s Bar Council Pupillage Fair, which took place in the wake of reports highlighting the fact that the Criminal Bar is haemorrhaging members, with 11% of juniors reportedly having left criminal practice in the three years leading up to the Covid pandemic. There are, as yet, no statistics for falling retention rates during and as a result of the pandemic itself. No doubt they will represent a clear measure of the worsening state of our Criminal Justice System [CJS].”

Full Story

Bar Council, 4th November 2021

Source: www.barcouncil.org.uk

BAILII: Recent Decisions

Posted November 5th, 2021 in law reports by michael

Supreme Court

Crown Prosecution Service v Aquila Advisory Ltd [2021] UKSC 49 (03 November 2021)

Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48 (26 October 2021)

Court of Appeal (Civil Division)

MY (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1615 (04 November 2021)

London Steam-Ship Owners’ Mutual Insurance Association Limited v Kingdom of Spain & Anor (M/T ‘Prestige’ Nos. 3 and 4) [2021] EWCA Civ 1589 (04 November 2021)

Wildin v Forest of Dean District Council [2021] EWCA Civ 1610 (04 November 2021)

Holyhead Marina Ltd v Farrer (Storm Emma) [2021] EWCA Civ 1585 (03 November 2021)

Court of Appeal (Criminall Division)

Cristea, R. v [2021] EWCA Crim 1597 (05 November 2021)

High Court (Administrative Court)

Res v City Court of Brno, Czech Republic [2021] EWHC 2939 (Admin) (04 November 2021)

WC & Anor, R (On the Application Of) v Somerset County Council [2021] EWHC 2936 (Admin) (04 November 2021)

Narayanasamy v Solicitors Regulation Authority Ltd [2021] EWHC 2918 (Admin) (03 November 2021)

Camayo v Colchester Borough Council [2021] EWHC 2933 (Admin) (03 November 2021)

Mansfield v DPP [2021] EWHC 2938 (Admin) (03 November 2021)

Essel, Review of the tariff [2021] EWHC 2920 (Admin) (02 November 2021)

High Court (Chancery Division)

Allianz Global Investors GmbH & Ors v RSA Insurance Group Ltd [2021] EWHC 2950 (Ch) (05 November 2021)

Bhat & Anor v Patel & Anor [2021] EWHC 2960 (Ch) (05 November 2021)

Cossac Holdings Ltd v Preferred Management Ltd & Ors [2021] EWHC 2953 (Ch) (04 November 2021)

Rowland v Blades [2021] EWHC 2928 (Ch) (04 November 2021)

JTC Employer Solutions Trustees Ltd v Khadem (Rev1) [2021] EWHC 2929 (Ch) (04 November 2021)

High Court (Commercial Court)

Minister of Finance (Incorporated) & Anor v International Petroleum Investment Company & Anor [2021] EWHC 2949 (Comm) (04 November 2021)

Sethia London Ltd v Sethi & Anor (Outstanding Issues) [2021] EWHC 2907 (Comm) (04 November 2021)

Various Airfinance Leasing Companies & Anor v Saudi Arabian Airlines Corporation [2021] EWHC 2904 (Comm) (01 November 2021)

High Court (Family Division)

SS v MCP (No. 2) [2021] EWHC 2898 (Fam) (03 November 2021)

Derby CC v CK & Ors (Compliance with DOL Practice Guidance) (Rev1) [2021] EWHC 2931 (Fam) (03 November 2021)

High Court (Patents Court)

Nokia Technologies OY & Nor v Oneplus Technology (Shenzhen) Co., Ltd & Ors (Rev1) [2021] EWHC 2952 (Pat) (04 November 2021)

High Court (Queen’s Bench Division)

St. Anne’s Court Dorset Ltd v Secretary of State for Housing, Communities and Local Government & Anor [2021] EWHC 2954 (QB) (04 November 2021)

Haggerty-Garton & Ors v Imperial Chemical Industries Ltd [2021] EWHC 2924 (QB) (03 November 2021)

Murphy v Milton Keynes Parks Trust Ltd & Anor [2021] EWHC 2917 (QB) (01 November 2021)

Source: www.bailii.org

 

Statutory Instruments – legislation.gov.uk

Posted November 5th, 2021 in legislation by michael

SI 2021 No. 1238 – The Air Navigation (Restriction of Flying) (Helicopter Flight) (No. 6) Regulations 2021

SI 2021 No. 1235 – The Trade Marks and International Trade Marks (Amendment) (EU Exit) Regulations 2021

SI 2021 No. 1234 – The General Optical Council (Continuing Professional Development) Rules Order of Council 2021

SI 2021 No. 1231 – The Births and Deaths Registration (Electronic Communications and Electronic Storage) Order 2021

SI 2021 No. 1230 – The Rochdale (Electoral Changes) Order 2021

SI 2021 No. 1229 – The Animal Health, Plant Health, Seeds and Seed Potatoes (Miscellaneous Amendments) Regulations 2021

SI 2021 No. 1226 – The Land Registration Fee Order 2021

SI 2021 No. 1224 – The Universal Credit (Exceptions to the Requirement not to be receiving Education) (Amendment) Regulations 2021

SI 2021 No. 1222 – The Housing (Right to Buy) (Designated Rural Areas and Designated Regions) (England) Order 2021

Source: legislation.gov.uk

David Fuller: Man admits 1987 murders and abusing corpses – The Independent

“A hospital worker has admitted murdering two women in 1987, and sexually abusing at least 100 female corpses, including children.

Full Story

BBC News, 5th November 2021

Source: www.bbc.co.uk

Will the UK trigger article 16 – and what will happen if it does? – The Guardian

Posted November 5th, 2021 in brexit, EC law, news, Northern Ireland by michael

“Fears are growing that the UK will trigger article 16 of the Northern Ireland protocol, potentially rupturing the already strained relations with the EU. If talks with the EU collapse, it is expected just after Cop26 in seven days’ time.”

Full Story

The Guardian, 5th November 2021

Source: www.theguardian.com

Charity’s private prosecution ‘perverting the course of public justice’ – Law Society Gazette

“A specialist law firm and animal rights charity may have been engaged in ‘systemic fraud’ and ‘perverting the course of justice’, by bringing abusive and unfounded private prosecutions, a judge has said.”

Full Story

Law Society Gazette, 4th November 2021

Source: www.lawgazette.co.uk

Highest ever number of rapes recorded in England and Wales – The Guardian

Posted November 5th, 2021 in coronavirus, domestic violence, news, rape, sentencing, sexual offences, statistics, victims, women by michael

“Police have recorded a record number of rape offences in England and Wales, according to official figures.”

Full Story

The Guardian, 4th November 2021

Source: www.theguardian.com

Police officer who feigned injury while taking 10,000 steps a day jailed – The Guardian

Posted November 5th, 2021 in accidents, fraud, imprisonment, news, personal injuries, police, sentencing by michael

“A former police officer who claimed he was in too much pain to work has been jailed for fraud after a covert surveillance team caught him playing sport and an app on his phone showed he was taking 10,000 steps a day.”

Full Story

The Guardian, 4th November 2021

Source: www.theguardian.com

Oxford Brookes gang rape claim led to students’ expulsion – BBC News

Posted November 5th, 2021 in disciplinary procedures, news, rape, sexual offences, universities by michael

“Two students were expelled from Oxford Brookes University following an allegation of gang rape, the BBC can confirm. A third was suspended after an appeal, and a fourth given a less serious punishment.

Full Story

BBC News, 4th November 2021

Source: www.bbc.co.uk

Deputy Master hits out at “unnecessary” expenditure in judicial review and clinical negligence claims on arguing about costs at assessment – Local Government Lawyer

Posted November 4th, 2021 in civil procedure rules, costs, judicial review, news, part 36 offers by sally

‘The Home Secretary wasted public money by protractedly disputing costs in a case involving unlawful detention, a Deputy Master in the High Court has said.’

Full Story

Local Government Lawyer, 4th November 2021

Source: www.localgovernmentlawyer.co.uk

“Triple Point Technology Inc v PTT Public Company Limited [2021] UKSC 29” – Atkin Chambers

Posted November 4th, 2021 in contracts, damages, delay, negligence, news, Supreme Court by sally

‘The United Kingdom Supreme Court, allowing an appeal by PTT from the Court of Appeal, has clarified the relevant principles of English law relating to the construction of clauses providing for the payment of liquidated damages for delay. The Supreme Court has confirmed that, unless clear words in the contract provide otherwise, liquidated damages for delay will be an accrued right which is recoverable where the contract is terminated either under its terms or at law for repudiation.’

Full Story

Atkin Chambers, 6th October 2021

Source: www.atkinchambers.com

Supreme Court delivers Judgment on Collective Bargaining – Littleton Chambers

‘The Supreme Court has handed down judgment in Kostal UK Ltd v Dunkley and others [2021] UKSC 47, an important decision for collective bargaining. It held that the employer (Kostal) was in breach of s. 145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (the “1992 Act”) by making offers of a change to the terms and conditions of employment directly to employees and bypassing the procedure for collective bargaining agreed with Unite the Union (“Unite”).’

Full Story

Littleton Chambers, October 2021

Source: littletonchambers.com

Healthcare Regulation Reform in the UK – Law Pod UK

Posted November 4th, 2021 in health, news, podcasts, standards by sally

‘Robert Kellar QC, of 1 Crown Office Row, discusses with Rosalind English proposals to shake up and simplify the current systems of healthcare regulation in the United Kingdom.’

Full Story

Law Pod UK, 3rd November 2021

Source: audioboom.com

Freezing injunctions are permitted without an underlying cause of action, rules Privy Council – Littleton Chambers

‘On 4 October 2021, Privy Council handed down a landmark judgment in Convoy Collateral Ltd v Broad Idea International Ltd and Cho Kwai Chee [2021] UKPC 24. Lord Leggatt’s majority judgment provides the first comprehensive legal foundation for freezing and interim injunctions, and removes many of the restrictions imposed on injunctions by previous cases.’

Full Story

Littleton Chambers, 7th October 2021

Source: littletonchambers.com

Is Your Video Doorbell Invading Your Neighbour’s Privacy? – Becket Chambers

Posted November 4th, 2021 in closed circuit television, data protection, harassment, news, nuisance by sally

‘In this article I consider the recent County Court judgment in Fairhurst v Woodard in respect of a claim in harassment, nuisance and breach of the Data Protection Act 2018 arising from the Defendant’s use of CCTV and a Ring doorbell.’

Full Story

Becket Chambers, 21st October 2021

Source: becket-chambers.co.uk

Lancashire father injected toddlers with heroin, review finds – BBC News

Posted November 4th, 2021 in child abuse, child neglect, drug abuse, news, social services by sally

‘Two toddlers were injected with heroin by their father to help them sleep, a review into their care has heard.’

Full Story

BBC News, 3rd November 2021

Source: www.bbc.co.uk

Home Office sued over ‘racially disproportionate’ new stop and search rules – The Independent

Posted November 4th, 2021 in government departments, minorities, news, police, proportionality, stop and search by sally

‘Human rights groups are suing the Home Office over its decision to increase police stop and search powers, The Independent can reveal.’

Full Story

The Independent, 3rd November 2021

Source: www.independent.co.uk

Kostal UK Ltd v Dunkley & Ors [2021] UKSC 47 – Inducements relating to collective bargaining – Old Square Chambers

‘On 27 October 2021 the Supreme Court handed down judgment in Kostal UK Ltd v Dunkley & Ors [2021] UKSC 47, allowing the appeal by 57 members of Unite the Union, recognised by Kostal for collective bargaining purposes. This is the first occasion the appeal courts considered the interpretation of section 145B of the Trade Union & Labour Relations (Consolidation) Act 1992, which was introduced following the decision of the ECtHR in Wilson/Palmer v United Kingdom [2002] IRLR 568. S. 145B gives trade union members the right not to receive offers from their employer which, if accepted, would have the result that one or more terms of their employment will not (or will no longer) be determined by collective bargaining (the “prohibited result”), if (but only if) if the employer’s sole or main purpose in making the offers is to achieve the prohibited result. Where liability is established, the Employment Tribunal (ET) must make a prescribed award (currently £4,341) to each member to whom the offer is made.’

Full Story

Old Square Chambers, 27th October 2021

Source: oldsquare.co.uk