Official judgment portal set to go live – Law Society’s Gazette

Posted November 29th, 2021 in archives, internet, judgments, Ministry of Justice, news by sally

‘Nearly 50,000 court judgments have been set up to be posted online in the first phase of the government’s plan to create a cutting-edge free repository of legal information, the Gazette can reveal. The service, hosted by the National Archives, will go live next April when the Ministry of Justice’s contract with the British and Irish Legal Information Institute (BAILII) expires.’

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Law Society's Gazette, 29th November 2021

Source: www.lawgazette.co.uk

Research Briefing: Consumer protection: Unfair Trading Regulations 2008 – House of Commons Library

Posted November 29th, 2021 in consumer protection, news, parliament by sally

‘The purpose of this House of Commons Library briefing paper is to provide a brief overview of the Consumer Protection from Unfair Trading Regulations 2008 (as amended).’

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House of Commons Library, 26th November 2021

Source: commonslibrary.parliament.uk

Tribunal to decide on motorist class action lawsuit against shipping cartel – The Independent

Posted November 29th, 2021 in appeals, class actions, compensation, competition, news, tribunals by sally

‘Motorists who bought a new car between 2005 and 2015 will find out whether they should be able to automatically receive a payout from five of the world’s biggest shipping companies in a £150 million legal case. A three-day hearing at the Competition Appeal Tribunal in London begins on Monday, to decide whether a collective proceedings order (CPO) can be launched on behalf of UK consumers and businesses, which would see payouts on about 17 million vehicles.’

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The Independent, 29th November 2021

Source: www.independent.co.uk

Stricter curbs on MPs’ second jobs to be backed by standards watchdog, piling pressure on Boris Johnson – The Independent

Posted November 29th, 2021 in conflict of interest, corruption, employment, lobbying, news, ombudsmen, parliament, professional conduct by sally

‘Stricter curbs on MPs taking second jobs will be proposed by a Commons watchdog, piling pressure on Boris Johnson to act and putting him on a fresh collision course with his own MPs.’

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The Independent, 29th November 2021

Source: www.independent.co.uk

Asylum seekers jailed for steering dinghies appealing after being branded ‘people smugglers’ by government – The Independent

Posted November 29th, 2021 in appeals, asylum, government departments, immigration, imprisonment, news, trafficking in human beings by sally

‘More than a dozen asylum seekers who were jailed for steering dinghies across the English Channel are fighting to have their convictions overturned.’

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The Independent, 28th November 2021

Source: www.independent.co.uk

Deepcut deaths: army ‘treating victims’ families with contempt’ – The Guardian

Posted November 29th, 2021 in armed forces, bereavement, bullying, codes of practice, education, families, government departments, harassment, inquests, mental health, news, suicide by sally

‘The sister of Pte Sean Benton, who committed suicide at Deepcut barracks, has accused the British army of treating victims’ families with contempt after it emerged that the military had failed to honour a pledge made at his inquest in 2018.’

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The Guardian, 28th November 2021

Source: www.theguardian.com

English universities risk breaking law over offer withdrawals, say ministers – The Guardian

Posted November 29th, 2021 in competition, education, news, school children, universities by sally

‘Universities in England risk breaking competition laws if they add loopholes letting them withdraw offers from students at the last minute if courses are oversubscribed, ministers and regulators have told vice-chancellors.’

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The Guardian, 29th November 2021

Source: www.theguardian.com

Enforcement of adjudicator’s decision refused as proceedings were an abuse of process – Practical Law: Construction Blog

Posted November 26th, 2021 in abuse of process, construction industry, contracts, dispute resolution, enforcement, injunctions, news by sally

‘We often hear cases referred to as having turned on their facts and, if there was ever an example of this it would be the judgment handed down in October 2021 in G&D Brickwork Contractors Ltd v Marbank Construction Ltd. The parties’ names will ring a bell with some of you because, earlier in the year, O’Farrell J refused to grant an injunction restraining G&D from bringing adjudication proceedings, and last month’s judgment from Joanna Smith J deals with the enforcement of the adjudicator’s decision.’

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Practical Law: Construction Blog, 24th November 2021

Source: constructionblog.practicallaw.com

Statutory Instruments – legislation.gov.uk

Posted November 26th, 2021 in legislation by sally

SI 2021/1307 – The Avian Influenza (H5N1 in Wild Birds) (England) (Amendment) (No. 2) Order 2021

SI 2021/1305 – The Avian Influenza (H5N1 in Wild Birds) (England) (Amendment) Order 2021

SI 2021/1301 – The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) (No. 2) Order 2021

SI 2021/1308 – The Occupational Pensions (Revaluation) Order 2021

SI 2021/1318 – The Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 3) Order 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 26th, 2021 in law reports by sally

Supreme Court

A Local Authority v JB [2021] UKSC 52 (24 November 2021)

Court of Appeal (Civil Division)

AH, Re (Serious Medical Treatment) [2021] EWCA Civ 1768 (25 November 2021)

Park v CNH Industrial Capital Europe Ltd (t/a CNH Capital) [2021] EWCA Civ 1766 (24 November 2021)

The Motherhood Plan & Anor, R. (On the Application of) v Her Majesty’s Treasury [2021] EWCA Civ 1703 (24 November 2021)

EUI Ltd v UK Vodaphone Ltd [2021] EWCA Civ 1771 (24 November 2021)

Court of Appeal (Criminal Division)

Ahmed, R. v [2021] EWCA Crim 1786 (25 November 2021)

High Court (Administrative Court)

Bousfield, R (On the Application Of) v The Parole Board for England and Wales [2021] EWHC 3160 (Admin) (25 November 2021)

Tidal Lagoon (Swansea Bay) Plc v Secretary of State for Business Energy And Industrial Strategy & Ors [2021] EWHC 3170 (Admin) (25 November 2021)

Ekwoge v Centeral District Court In Buda (Hungary) [2021] EWHC 3163 (Admin) (24 November 2021)

High Court (Chancery Division)

Malik v Hussain (Rev1) [2021] EWHC 3161 (Ch) (25 November 2021)

Prudential Assurance Company Ltd & Anor, Re [2021] EWHC 3152 (Ch) (24 November 2021)

High Court (Patents Court)

Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors [2021] EWHC 3121 (Pat) (25 November 2021)

High Court (Queen’s Bench Division)

Damavand Media Ltd & Anor v DMA Media Ltd & Anor [2021] EWHC 3164 (QB) (25 November 2021)

Public Joint Stock Company Rosneft Oil Company v Harpercollins Publishers Ltd & Anor [2021] EWHC 3141 (QB) (24 November 2021)

Wokingham Borough Council v Jules & Anor [2021] EWHC 3135 (QB) (24 November 2021)

Komives & Anor v Hick Lane Bedding Ltd & Anor [2021] EWHC 3139 (QB) (24 November 2021)

Abramovich v Harpercollins Publishers Ltd & Anor [2021] EWHC 3154 (QB) (24 November 2021)

Source: www.bailii.org

Firearms – importation sentencing guidelines published – Sentencing Council

Posted November 26th, 2021 in codes of practice, consultations, criminal justice, firearms, news, offensive weapons, sentencing by sally

‘The Council has published a new guideline for sentencing offenders convicted of firearms importation offences in England and Wales, following consultation.’

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Sentencing Council, 24th November 2021

Source: www.sentencingcouncil.org.uk

Consultation to enhance legal support for those facing eviction or repossession – gov.uk

Posted November 26th, 2021 in consultations, housing, landlord & tenant, legal aid, Ministry of Justice, news, repossession by sally

‘People at risk of losing their home are set to benefit from enhanced legal support following a consultation launched by the government today
.’

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gov.uk, 25th November 2021

Source: www.gov.uk

We need real decisions about artificial intelligence – Local Government Lawyer

Posted November 26th, 2021 in artificial intelligence, codes of practice, consultations, local government, news by sally

‘The regulatory framework around the use of artificial intelligence by local authorities is inadequate but existing governance mechanisms can address concerns, writes Sue Chadwick.’

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Local Government Lawyer, 26th November 2021

Source: www.localgovernmentlawyer.co.uk

Supreme Court hands down landmark ruling on capacity to consent to sexual relations – Local Government Lawyer

Posted November 26th, 2021 in appeals, autism, consent, disabled persons, learning difficulties, local government, news, sexual offences, statutory interpretation, Supreme Court by sally

‘The Supreme Court has upheld a Court of Appeal decision that to have capacity to have sexual relations with another person, a person needs be aware that their partner must have the ability to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’

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Local Government Lawyer, 24th November 2021

Source: www.localgovernmentlawyer.co.uk

Master of the Rolls fires starting gun on civil costs revolution – Legal Futures

Posted November 26th, 2021 in civil justice, costs, judges, news by sally

‘The Master of the Rolls yesterday signalled his intention to revolutionise civil costs and has already set the Civil Justice Council (CJC) working on a wide-ranging review.’

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Legal Futures, 26th November 2021

Source: www.legalfutures.co.uk

‘Pressing need’ for guidance on judicial visits in CoP – McFarlane – Law Society’s Gazette

Posted November 26th, 2021 in appeals, codes of practice, Court of Protection, families, judiciary, medical treatment, news by sally

‘There is a “pressing need” for the Court of Protection to develop guidance for practitioners and judges on judicial visits to the subject of proceedings, the president of the Family Division has said. A decision that it was in the best interests of a 56-year-old woman, described as “the most complex Covid patient in the world”, to have life-sustaining treatment withdrawn was overturned today because of possible procedural unfairness in relation to the judge’s visit to see her in hospital.’

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Law Society's Gazette, 25th November 2021

Source: www.lawgazette.co.uk

The law of England and Wales can accommodate smart legal contracts, concludes Law Commission – Law Commission

Posted November 26th, 2021 in computer programs, contracts, Law Commission, legal services, news by sally

‘The Law Commission has today confirmed that the existing law of England and Wales is able to accommodate and apply to smart legal contracts, without the need for statutory law reform. The Law Commission notes that, in some contexts, an incremental development of the common law is all that is required to facilitate the use of smart legal contracts within the existing legal framework.’

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Law Commission, 25th November 2021

Source: www.lawcom.gov.uk

Research Briefing: Leasehold Reform (Ground Rent) Bill 2021-22 – House of Commons Library

Posted November 26th, 2021 in bills, housing, leases, news, parliament, rent by sally

‘This briefing paper outlines the main provisions of the Leasehold Reform (Ground Rent) Bill 2021-22 and the key issues raised during consideration in the House of Lords.’

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House of Commons Library , 25th November 2021

Source: commonslibrary.parliament.uk

Research Briefing: Public Inquiries: non-statutory public inquiries – House of Commons Library

Posted November 26th, 2021 in inquiries, news, parliament by sally

‘Some public inquiries are underpinned by legislation. Those that are not, “non-statutory” inquiries, have more flexibility, but fewer legal powers.’

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House of Commons Library , 23rd November 2021

Source: commonslibrary.parliament.uk

Priti Patel faces three legal challenges over refugee pushback plans – The Guardian

Posted November 26th, 2021 in asylum, charities, government departments, human rights, immigration, international law, judicial review, news, pre-action conduct, refugees, torture by sally

‘Priti Patel is facing three legal challenges over her controversial plans to push back refugees on small boats in the Channel who are trying to reach the UK.’

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The Guardian, 25th November 2021

Source: www.theguardian.com