Council decision to keep asylum seekers who were putative children in hotel accommodation was unlawful, High Court rules – Local Government Lawyer

‘The London Borough of Brent breached its section 20 duties under the Children Act 1989 when it chose not to provide proper accommodation to unaccompanied asylum seekers while awaiting an assessment of their age, a High Court judge has ruled.’

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Local Government Lawyer, 26th October 2021

Source: www.localgovernmentlawyer.co.uk

“A step in the right direction” – legal leaders seek positives from Budget – Legal Futures

‘Legal leaders hailed funding for the justice system announced in yesterday’s Budget as “a step in the right direction”, even though it will not even return the Crown Court backlog to pre-Covid levels.’

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Legal Futures, 28th October 2021

Source: www.legalfutures.co.uk

Man who used commemorative coin to pay for petrol wins payout – The Independent

Posted October 28th, 2021 in coinage, compensation, damages, debts, news by sally

‘A commemorative coin collector who was arrested after attempting to pay for his fuel at a petrol station with a £100 coin, insisting it was legal tender, has been awarded a £5,000 compensation payout.’

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The Independent, 27th October 2021

Source: www.independent.co.uk

Abuse survivor fights for justice after 70 years – BBC News

Posted October 28th, 2021 in care homes, child abuse, children, inquiries, news, sexual offences by sally

‘A woman who was sexually abused in a children’s home in the 1950s has called for an inquiry and an apology.’

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BBC News, 28th October 2021

Source: www.bbc.co.uk

Is An Overhaul Of The Human Rights Act Imminent? – Each Other

Posted October 28th, 2021 in government departments, human rights, news, statute law revision by sally

‘Dominic Raab has announced his intention to “overhaul” the UK’s Human Rights Act (HRA), despite widespread criticism.’

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Each Other, 27th October 2021

Source: eachother.org.uk

Helen’s law: killer refused parole for failing to disclose where body hidden – The Guardian

‘A prisoner has become the first person to be refused parole under a new law that makes it harder for killers to be released if they refuse to reveal where they hid their victim’s body.’

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The Guardian, 27th October 2021

Source: www.theguardian.com

Statutory Instruments – legislation.gov.uk

Posted October 28th, 2021 in legislation by sally

SI 2021/1199 – The Coronavirus Act 2020 (Suspension: Disposal of Bodies) (England) Regulations 2021

SI 2021/1187 – The Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) (Amendment) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 28th, 2021 in law reports by sally

Supreme Court

Kostal UK Ltd v Dunkley & Ors [2021] UKSC 47 (26 October 2021)

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

Court of Appeal (Civil Division)

Autonomous Non-Profit Organisation TV-Novosti, R (On the Application Of) v The Office of Communications [2021] EWCA Civ 1534 (26 October 2021)

Court of Appeal (Criminal Division)

Adams, R. v [2021] EWCA Crim 1525 (25 October 2021)

High Court (Administrative Court)

De Mercur v Croydon Magistrates Cour [2021] EWHC 2874 (Admin) (27 October 2021)

The Chief Constable of Lancashire Constabluary, R (On the Application Of) v The Crown Court Sitting At Preston [2021] EWHC 2869 (Admin) (27 October 2021)

Barber v The Sovereign Base Areas of Akrotiri And Dhekelia, British Overseas Territory [2021] EWHC 2858 (Admin) (26 October 2021)

High Court (Chancery Division)

CBPE Capital Fund VIII A LP v Taranissi [2021] EWHC 2855 (Ch) (27 October 2021)

European Real Estate Debt Fund (Cayman) Ltd v Treon & Ors [2021] EWHC 2866 (Ch) (27 October 2021)

The Financial Conduct Authority v Carillion Plc [2021] EWHC 2871 (Ch) (27 October 2021)

Brookman & Anor v Potts & Anor [2021] EWHC 2861 (Ch) (27 October 2021)

Walker v The Official Receiver [2021] EWHC 2868 (Ch) (26 October 2021)

Source: www.bailii.org

Supreme Court considers asylum claim decided under quashed fast track rules – UK Human Rights Blog

Posted October 27th, 2021 in appeals, asylum, human rights, immigration, news, Supreme Court by sally

‘In 2015, the Court of Appeal found that the fast-track procedure rules for appeals against the refusal of some types of asylum claim (the FTR) was “structurally unfair, unjust and ultra vires” (R (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840; [2015] 1 WLR 5341, known as DA6). The Court of Appeal quashed the FTR because this structural unfairness “created a risk that the applicants would have inadequate time to obtain advice, marshall their evidence and properly present their cases”, which “created an unacceptable risk of unfairness in a significant number of cases”.’

Full Story

UK Human Rights Blog, 26th October 2021

Source: ukhumanrightsblog.com

Widnes baby death: Father guilty of son’s murder – BBC News

‘The father of a baby boy who died after suffering “horrific” head injuries has been found guilty of his murder.’

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BBC News, 26th October 2021

Source: www.bbc.co.uk

Wayne Couzens launches appeal against whole-life sentence for Sarah Everard murder – The Independent

‘Sarah Everard’s murderer is appealing against the whole-life sentence he was given at the Old Bailey last month, it has emerged.’

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The Independent, 27th October 2021

Source: www.independent.co.uk

Woman cleared of obstructing Met police after partner shot with stun gun – The Guardian

Posted October 27th, 2021 in families, firearms, news, police, professional conduct, video recordings by sally

‘The case against a black woman charged with obstructing the police when officers shot her partner with a stun gun in the family home has collapsed.’

Full Story

The Guardian, 26th October 2021

Source: www.theguardian.com

Law firm first to sell advice using cryptocurrency tokens – Legal Futures

Posted October 27th, 2021 in cryptocurrencies, fees, law firms, news by sally

‘A law firm based in Bristol will auction two and a half hours of chargeable time next month in the form of three unique cryptocurrency tokens.’

Full Story

Legal Futures, 27th October 2021

Source: www.legalfutures.co.uk

Human rights applications and statutory rights to appeal – the domestic abuse context – EIN Blog

Posted October 27th, 2021 in appeals, families, government departments, human rights, immigration, news by sally

‘For a while now, the case of MY (Pakistan) [2021] EWCA Civ 1500 has been pending before the Court of Appeal. The appealed decision, made by the Upper Tribunal (IAC) on 17 February 2020, removed the right to a statutory appeal where the Home Office had not considered any human rights arguments raised in an immigration application.’

Full Story

EIN Blog, 26th October 2021

Source: www.ein.org.uk

Julian Assange: what to expect from the extradition appeal – The Guardian

Posted October 27th, 2021 in appeals, extradition, mental health, news, spying, suicide by sally

‘The year began with a legal defeat for an attempt to extradite Julian Assange to face espionage charges in the US, but he has remained in Belmarsh prison pending an appeal.’

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The Guardian, 26th October 2021

Source: www.theguardian.com

Qualified one-way costs shifting – Law Society’s Gazette

‘In Ho v Adelekun [2021] UKSC 43, the Supreme Court considered the mechanics of qualified one-way costs shifting (QOCS). The claimant was injured in a road traffic accident in 2012. In 2017, she was offered £30,000 by the defendant in settlement of her claim in what was described as a “Part 36 offer letter”. In that letter, the defendant offered to pay the claimant’s costs “in accordance with Part 36 rule 13”, such costs to be subject to detailed assessment if not agreed, if the offer was accepted within 21 days. The claimant decided to accept the offer and a Tomlin order was subsequently made by consent. However, the defendant then argued that the claimant’s costs were limited to the fixed costs recoverable in accordance with the terms of Part 45 Section IIIA of the Civil Procedure Rules.’

Full Story

Law Society's Gazette, 25th October 2021

Source: www.lawgazette.co.uk

CoA overturns ruling in sex-worker visit case – Law Society’s Gazette

‘Carers would be at risk of committing a criminal offence if they helped an autistic man visit a sex worker, the Court of Appeal has ruled, overturning what had been seen as a landmark ruling for people with learning disabilities and mental disorders.’

Full Story

Law Society's Gazette, 25th October 2021

Source: www.lawgazette.co.uk

New Acts – legislation.gov.uk

Posted October 26th, 2021 in compensation, fraud, health, legislation, national insurance by sally

2021 c. 29 – Compensation (London Capital & Finance plc and Fraud Compensation Fund) Act 2021

2021 c. 28 – Health and Social Care Levy Act 2021

Source: www.legislation.gov.uk

Statutory Instruments – legislation.gov.uk

Posted October 26th, 2021 in legislation by sally

SI 2021/1173 – The Financial Services Act 2021 (Commencement No. 3) Regulations 2021

SI 2021/1172 – The Firearms (Amendment) (No. 2) Rules 2021

SI 2021/1171 – The Phytosanitary Conditions (Amendment) (No. 2) Regulations 2021

SI 2021/1167 – The Inheritance Tax (Delivery of Accounts) (Excepted Estates) (Amendment) Regulations 2021

SI 2021/1158 – The Employment and Support Allowance and Universal Credit (Coronavirus Disease) (Amendment) Regulations 2021

SI 2021/1179 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 16) Regulations 2021

SI 2021/1178 – The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021

SI 2021/1170 – The Digital Economy Act 2017 (Commencement No. 8) Regulations 2021

SI 2021/1169 – The Competition Act 1998 (Carbon Dioxide) (Public Policy Exclusion) Order 2021

SI 2021/1168 – The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) (No. 2) Regulations 2021

SI 2021/1165 – The Value Added Tax (Distance Selling and Miscellaneous Amendments No. 2) Regulations 2021

SI 2021/1164 – The Value Added Tax (Distance Selling and Miscellaneous Amendments) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent decisons

Posted October 26th, 2021 in law reports by sally

Supreme Court

FS Cairo (Nile Plaza) LLC v Brownlie [2021] UKSC 45 (20 October 2021)

Majera, R (on the application of v Secretary of State for the Home Department [2021] UKSC 46 (20 October 2021)

Court of Appeal (Civil Division)

Alam v Secretary of State for the Home Department [2021] EWCA Civ 1538 (22 October 2021)

The Secretary of State for Justice v A Local Authority & Ors [2021] EWCA Civ 1527 (22 October 2021)

Lehman Brothers Holdings Scottish LP 3 v Lehman Brothers Holdings Plc & Ors [2021] EWCA Civ 1523 (20 October 2021)

Court of Appeal (Criminal Division)

Harris, R. v [2021] EWCA Crim 1542 (22 October 2021)

Nugent, R v. [2021] EWCA Crim 1535 (22 October 2021)

Khan, R. v [2021] EWCA Crim 1526 (21 October 2021)

High Court (Administrative Court)

AB & Ors, R (On the Application Of) v London Borough of Brent [2021] EWHC 2843 (Admin) (25 October 2021)

Ukiwa v Bar Standards Board [2021] EWHC 2830 (Admin) (22 October 2021)

Harrison, R (On the Application Of) v London Borough of Barnet [2021] EWHC 2789 (Admin) (20 October 2021)

High Court (Chancery Division)

Griffin (/a Simon Griffin Antiques Ltd) v Brown & Ors [2021] EWHC 2810 (Ch) (22 October 2021)

Columbia Pictures Industries Inc & Ors v British Telecommunications Plc & Ors [2021] EWHC 2799 (Ch) (22 October 2021)

Campbell & Anor v Purchasers of Flats at 47 Clarence Street and 44 Conduit Street, Leicester [2021] EWHC 2807 (Ch) (22 October 2021)

Chapman v Clarence Court Eggs Ltd & Anor [2021] EWHC 2743 (Ch) (21 October 2021)

Higgins v Morgan & Ors [2021] EWHC 2846 (Ch) (21 October 2021)

High Court (Commercial Court)

Shulman v Hogan Lovells International LLP [2021] EWHC 2779 (Comm) (22 October 2021)

Huntsworth Wine Company Ltd v London City Bond Ltd [2021] EWHC 2831 (Comm) (22 October 2021)

Selevision Saudi Company v Bein Media Group LLC [2021] EWHC 2802 (Comm) (22 October 2021)

Serious Fraud Office & Ors v Litigation Capital Ltd & Ors (Costs and consequentials) [2021] EWHC 2803 (Comm) (21 October 2021)

M/V Pacific Pearl Co. Ltd v Osios David Shipping Inc. [2021] EWHC 2808 (Comm) (21 October 2021)

Discovery Land Company, LLC & Ors v Axis Specialty Europe SE (Rev1) [2021] EWHC 2827 (Comm) (21 October 2021)

High Court (Family Division)

W (A Child). Re [2021] EWHC 2844 (Fam) (25 October 2021)

Lincolnshire County Council v CB & Ors [2021] EWHC 2813 (Fam) (21 October 2021)

High Court (Patents Court)

Anan Kasei Co. Ltd & Anor v Neo Chemicals & Oxides (Europe) Ltd & Anor [2021] EWHC 2825 (Pat) (22 October 2021)

Godo Kaisha IP Bridge 1 v Huawei Technologies Co., Ltd & Ors [2021] EWHC 2826 (Pat) (22 October 2021)

High Court (Queen’s Bench Division)

Duffield v Metamorph Law Ltd [2021] EWHC 2795 (QB) (26 October 2021)

Parker v McClaren [2021] EWHC 2828 (QB) (22 October 2021)

Scumaci v Martin [2021] EWHC 2833 (QB) (22 October 2021)

Kamath v Blackpool Teaching Hospitals NHS Foundation Trust [2021] EWHC 2811 (QB) (22 October 2021)

Parkes v Hall & Ors [2021] EWHC 2824 (QB) (22 October 2021)

Altaf & Ors v Close Brothers Ltd [2021] EWHC 2823 (QB) (21 October 2021)

Stammers v Dyson [2021] EWHC 2805 (QB) (20 October 2021)

Bitar v Banque Libano-Francaise S.A.L. [2021] EWHC 2787 (QB) (20 October 2021)

High Court (Technology and Construction Court)

Bdw Trading Ltd v URS Corporation Ltd & Anor [2021] EWHC 2796 (TCC) (22 October 2021)

Vodafone Ltd v Secretary of State for Foreign, Commonwealth And Development Affairs & Anor [2021] EWHC 2793 (TCC) (20 October 2021)

Source: www.bailii.org