Current Awareness – Page 575 – Legal News selected by the Inner Temple Library

BAILII: Recent Decisions

Posted October 12th, 2021 in law reports by sally

Court of Appeal (Civil Division)

MA (Iraq) & Anor v Secretary of State for the Home Department [2021] EWCA Civ 1467 (11 October 2021)

BAA & Anor, R (on the application of) v Secretary of State for the Home Department [2021] EWCA Civ 1428 (08 October 2021)

Pantellerisco & Ors v The Secretary of State for Work And Pensions (Rev2) [2021] EWCA Civ 1454 (08 October 2021)

Court of Appeal (Criminal Division)

O’Bryan, R. v (Rev1) [2021] EWCA Crim 1472 (11 October 2021)

High Court (Administrative Court)

Ali v Solicitors Regulation Authority Limited [2021] EWHC 2709 (Admin) (11 October 2021)

EFW Group Ltd v Secretary of State for Business, Energy And Industrial Strategy [2021] EWHC 2697 (Admin) (08 October 2021)

High Court (Chancery Division)

Brake & Ors v Chedington Court Estate Ltd (Transcript costs) [2021] EWHC 2700 (Ch) (08 October 2021)

High Court (Commercial Court)

Ure Energy Ltd v Notting Hill Genesis [2021] EWHC 2695 (Comm) (08 October 2021)

Quartz Assets LLC & Anor v Kestrel Coal Midco Pty Ltd [2021] EWHC 2675 (Comm) (08 October 2021)

Lakatamia Shipping Co Ltd v Su & Ors [2021] EWHC 2702 (Comm) (08 October 2021)

NWA & Anor v NVF & Ors [2021] EWHC 2666 (Comm) (08 October 2021)

High Court (Family Division)

A Borough Council v E & Ors (No. 2) (Refusal of Secure Accommodation Order) [2021] EWHC 2699 (Fam) (11 October 2021)

High Court (Patents Court)

Teva Pharmaceutical Industries Ltd & Anor v Ayer Healthcare LLC [2021] EWHC 2690 (Pat) (08 October 2021)

Optis Cellular Technology Inc & Anor v Apple Retail UK Ltd & Ors [2021] EWHC 2694 (Pat) (05 October 2021)

High Court (Queen’s Bench Division)

Prior & Ors v The Commissioner of Police of the Metropolis [2021] EWHC 2672 (QB) (08 October 2021)

Wright v McCormack [2021] EWHC 2671 (QB) (08 October 2021)

Source: www.bailii.org

Jonathan Morgan: IRAL’s Missing Remedy: Compensation for Unlawfulness – UK Constitutional Law Association

Posted October 12th, 2021 in Administrative Court, bills, compensation, damages, judicial review, news by sally

‘The current blog post considers the failure of the current judicial review reform process, from IRAL onwards, to give proper consideration to compensation for unlawful government acts. This has been less discussed than the discretion over the temporal effect of quashing orders.’

UK Constitutional Law Association, 12th October 2021

Source: ukconstitutionallaw.org

Homelessness – renewed applications and overlooked facts – Nearly Legal

Posted October 12th, 2021 in asylum, homelessness, housing, judicial review, local government, mental health, news, post-traumatic stress disorder by sally

‘This was a judicial review of Westminster’s refusal to accept a third homelessness application from Ms Ibrahim, following a review decision upholding a decision that she was intentionally homeless, and a rejection of a second application.’

Nearly Legal, 10th October 2021

Source: nearlylegal.co.uk

Courts and tribunals to upgrade video technology, Burnett says – Legal Futures

Posted October 12th, 2021 in civil justice, courts, lists, news, remote hearings, tribunals by sally

‘A new Video Hearings Service (VHS), upgrading the Cloud Video Platform (CVP) used during Covid, is to be rolled out across courts and tribunals, the Lord Chief Justice has revealed.’

Legal Futures, 11th October 2021

Source: www.legalfutures.co.uk

Uber Faces Legal Action Over ‘Racist’ Facial Recognition Software – Each Other

Posted October 12th, 2021 in artificial intelligence, computer programs, facial mapping, news, race discrimination, taxis by sally

‘Uber is facing legal action following revelations that its facial recognition algorithm is five times more likely to cause the termination of darker-skinned workers.’

Each Other, 11th October 2021

Source: eachother.org.uk

Rent Repayment Orders – not ALL the rent – Nearly Legal

Posted October 12th, 2021 in houses in multiple occupation, landlord & tenant, licensing, news, rent, repayment by sally

‘The RRO application was by the six former tenants of an unlicensed HMO. Conditions at the property had also meant they asked the local authority EHO to inspect, which resulted in (a) the tenants being informed the property was not licensed, (b) a “Preliminary Improvement Notice” listing a number of defects to be remedied, including two category 1 HHSRS hazards (fire safety and excessive cold), and Cc) a finding that one of the bedrooms was too small for the licensing scheme. (The landlord, self described as a “professional landlord” with a “modest portfolio” of properties, did apply for a licence in February 2020, shortly before the tenants left in March 2020, but the application was rejected on the room size and the lack of remedial works).’

Nearly Legal, 11th October 2021

Source: nearlylegal.co.uk

Are asylum suicides an unfolding national tragedy? – BBC News

Posted October 12th, 2021 in asylum, mental health, news, suicide, young persons by sally

‘After fleeing his native Eritrea as a child and living for years as a refugee, Henok Zaid Gebrsslasie hoped to make a life for himself in the UK. Aged 23, he was found dead at a mental health facility in Coventry, West Midlands, and is thought to have taken his own life. His death is one of a growing number among young asylum seekers which a charity said could just be the “tip of the iceberg”.’

BBC News, 11th October 2021

Source: www.bbc.co.uk

Two people sentenced for running unregistered school in London – The Guardian

Posted October 12th, 2021 in education, news, recidivists, sentencing, suspended sentences by sally

‘A headteacher and her father have been sentenced for the second time for running an illegal unregistered school in south London after a crackdown by the schools watchdog Ofsted.’

The Guardian, 11th October 2021

Source: www.theguardian.com

High Court rejects appeal from sham marriages solicitor – Legal Futures

Posted October 12th, 2021 in appeals, disciplinary procedures, marriage, news, sham transactions, solicitors by sally

‘The High Court has rejected an appeal from a solicitor struck off twice by the Solicitors Disciplinary Tribunal (SDT) after being recorded by an undercover TV reporter giving advice on what he knew was a sham marriage.’

Legal Futures, 12th October 2021

Source: www.legalfutures.co.uk

Tinder and Instagram predator jailed for rape and sexual assault – BBC News

Posted October 12th, 2021 in assault, child abuse, internet, news, rape, sentencing, sexual grooming by sally

‘A man who raped and sexually exploited young women and teenage girls he met online has been jailed for seven years.’

BBC News, 11th October 2021

Source: www.bbc.co.uk

UK journalist wins £80k damages after being hired ‘to smear’ UAE and Egypt critics – The Guardian

Posted October 12th, 2021 in damages, fraud, media, misrepresentation, negligence, news by sally

‘A journalist has been awarded more than £80,000 in damages against a London-based investigative website and its CEO – a press freedom campaigner – after claiming she was duped into joining the organisation only to find out it was a propaganda vehicle for the UAE and Egypt.’

The Guardian, 11th October 2021

Source: www.theguardian.com

A tale of two judges – Law Society’s Gazette

Posted October 11th, 2021 in coronavirus, county courts, judges, landlord & tenant, leases, news, rent by sally

‘Solicitors often warn clients that the views of the judge can make a difference to the outcome of their case, especially at first instance. Two county court judgments on the issue of whether a commercial lease renewed under the Landlord and Tenant Act 1954 should contain a ‘Covid clause’ are the perfect illustration of this.’

Law Society's Gazette, 11th October 2021

Source: www.lawgazette.co.uk

UK Abortion Legislation Does Not Protect The Right To Choose – Each Other

Posted October 11th, 2021 in abortion, human rights, news, women by sally

‘While many may believe such challenges to reproductive rights could not be replicated here in the UK, our domestic legislation on abortion remains patchy, paternalistic and lacking in power. At best, UK law has successfully made abortion a safe, affordable procedure. At worst, it violates people’s rights under the Human Rights Act to be free from discrimination, enshrined in Article 14, and inhuman or degrading treatment, protected under Article 3.’

Each Other, 8th October 2021

Source: eachother.org.uk

Domestic violence victim says UK justice system is ‘like the abuse’ – BBC News

Posted October 11th, 2021 in bills, criminal justice, cross-examination, domestic violence, Ministry of Justice, news, pilot schemes, rape, sexual offences, statistics, victims, video recordings, Wales by sally

‘A traumatised domestic abuse victim has said her experience of the justice system was so bad it was “like the abuse has continued”.’

BBC News, 10th October 2021

Source: www.bbc.co.uk

Should sex offenders’ voices ever be heard? – BBC News

Posted October 11th, 2021 in child abuse, children, crime prevention, news, police, sexual offences, victims, video recordings by sally

‘A police force has released audio clips from child sex offenders in the hope they will help prevent others from escalating into criminal behaviours. The move has provoked a split reaction, with a charity arguing that if it helps even one person, it is beneficial. However, a survivor of child sex abuse said they were upset that abusers had been given a platform by Avon and Somerset Police.’

BBC News, 10th October 2021

Source: www.bbc.co.uk

Two-fifths of police forces in England and Wales lack rape units – The Guardian

Posted October 11th, 2021 in news, police, rape, sexual offences, statistics by sally

‘At least two-fifths of police forces in England and Wales do not have specialist rape and serious sexual offence (Rasso) units, the Guardian can reveal.’

The Guardian, 10th October 2021

Source: www.theguardian.com

Blood donation rules changed to attract more donors with rare subgroups – The Guardian

Posted October 11th, 2021 in blood products, equality, government departments, health, HIV, news, race discrimination by sally

‘Ministers will remove questions on sexual activity in sub-Saharan Africa for blood donations to encourage more donors in England after a long campaign to widen the criteria.’

The Guardian, 11th October 2021

Source: www.theguardian.com

Judge’s fury at suggestion his clerk leaked draft ruling – Legal Futures

Posted October 11th, 2021 in barristers' clerks, disclosure, judges, judgments, law firms, news, patents by sally

‘A High Court judge has strongly criticised a law firm and its client for appearing to blame his clerk for the leak of a draft judgment – which it turned out had not even happened.’

Legal Futures, 11th October 2021

Source: www.legalfutures.co.uk

A third of police forces referred sex assault claims to watchdog – The Guardian

Posted October 11th, 2021 in abuse of position of trust, complaints, harassment, inquiries, kidnapping, news, ombudsmen, police, professional conduct, rape, sentencing, sex discrimination, sexual offences, victims, women by sally

‘Almost a third of police forces in England and Wales referred allegations of sexual assault and harassment against their own officers to the police watchdog in the days following the sentencing of Wayne Couzens for the murder of Sarah Everard, the Observer can reveal.’

The Guardian, 10th October 2021

Source: www.theguardian.com

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