FCA wins appeal over action on Carillion collapse – Law Society’s Gazette

Posted November 1st, 2021 in appeals, company law, financial services ombudsman, insolvency, news by sally

‘The Financial Conduct Authority does not need the permission of the insolvency court to take regulatory action against a company in liquidation, the High Court has ruled in a case concerning the “spectacular collapse” of construction giant Carillion.’

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Law Society's Gazette, 29th October 2021

Source: www.lawgazette.co.uk

Mishcon fined £25,000 over football transfer payments – Law Society’s Gazette

Posted November 1st, 2021 in banking, fines, law firms, news, Solicitors Regulation Authority, sport, third parties by sally

‘London firm Mishcon de Reya has been fined £25,000 by the Solicitors Disciplinary Tribunal for failing to prevent payments being made into and from the client account to pay third parties involved in football transfers.’

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Law Society's Gazette, 29th October 2021

Source: www.lawgazette.co.uk

Home Office must rethink ‘regressive’ plans to use X-ray asylum seekers for age assessments, say charities – The Independent

‘The Home Office must rethink its “regressive and unethical” plans to use scientific methods such X-rays to age assess asylum seekers, a coalition of children’s charities has warned.’

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The Independent, 1st November 2021

Source: www.independent.co.uk

Bristol ‘Kill the Bill’ protester convicted of trying to endanger police by torching vans – The Independent

Posted November 1st, 2021 in arson, bills, demonstrations, news, police, professional conduct, public order by sally

‘A protester has been convicted of trying to endanger the life of a police officer by torching a van during a riot after the “Kill the Bill” demonstrations in Bristol earlier this year.’

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The Independent, 30th October 2021

Source: www.independent.co.uk

Penelope Jackson guilty of murdering husband over dinner row – BBC News

‘A woman has been found guilty of murder after stabbing her husband to death following a row over a birthday meal.’

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BBC News, 30th October 2021

Source: www.bbc.co.uk

‘Honour-based’ offences soared by 81% in last five years – The Guardian

‘The number of “honour-based” abuse (HBA) offences recorded by English police forces has soared over the past five years, figures suggest. According to data from the 28 out of 39 constabularies that responded to freedom of information (FoI) requests, the number of HBA cases – including offences such as rape, death threats and assault – rose from 884 in 2016 to 1,599 last year, a rise of 81%.’

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The Guardian, 31st October 2021

Source: www.theguardian.com

Toughen up rules on ministers’ conduct, says standards watchdog – BBC News

‘The rules governing the conduct of ministers and senior civil servants need to be toughened up, according to a new report. The Committee on Standards in Public Life – which advises the PM on ethical standards – has been carrying out a review into processes in Westminster.’

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BBC News, 1st November 2021

Source: www.bbc.co.uk

Statutory Instruments – legislation.gov.uk

Posted October 29th, 2021 in legislation by sally

SI 2021/1206 – The Heavy Commercial Vehicles in Kent (No. 1) (Amendment) Order 2021

SI 2021/1203 – The Aviation Safety (Amendment) (No. 3) Regulations 2021

SI 2021/1200 – The Airports Slot Allocation (Alleviation of Usage Requirements) (No. 2) Regulations 2021

SI 2021/1196 – The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 29th, 2021 in law reports by sally

Court of Appeal (Civil Division)

Revenue And Customs v Kishore [2021] EWCA Civ 1565 (28 October 2021)

Jalla & Anor v Shell International Trading And Shipping Co. Ltd & Anor (Appeal 3: Refusal to Extend Time) [2021] EWCA Civ 1559 (28 October 2021)

TRW Ltd v Panasonic Industry Europe GmbH & Anor [2021] EWCA Civ 1558 (28 October 2021)

High Court (Administrative Court)

Sage v Secretary of State for Housing, Local Government and Communities [2021] EWHC 2885 (Admin) (28 October 2021)

Mokhammad, R (On the Application Of) v General Medical Council [2021] EWHC 2889 (Admin) (28 October 2021)

High Court (Chancery Division)

Phones 4U Ltd v EE Ltd & Ors (Expert Evidence) [2021] EWHC 2879 (Ch) (28 October 2021)

High Court (Technology and Construction Court)

Buckinghamshire Council v FCC Buckinghamshire Ltd [2021] EWHC 2867 (TCC) (26 October 2021)

Source: www.bailii.org

Material Contribution in the Spotlight (Again) following Thorley v Sandwell & West Birmingham Hospitals NHS Trust – Ropewalk Clinical Negligence Blog

‘This blog deals with the causation aspects of Thorley v Sandwell & West Birmingham Hospitals NHS Trust [2021] EWHC 2604 (QB). Philip Godfrey dealt with the factual background and breach of duty aspects of this case in his recent blog. In short, Soole J preferred the evidence of the Defendant’s expert and dismissed the claim on that basis. In so doing, however, he concluded that as a matter of law the material contribution approach to causation does not apply when there is a single tortfeasor and an indivisible injury.
Soole J is surely right to acknowledge that this is an issue “ripe for authoritative review” (see [151]), but it is suggested that his reasons for reaching the above conclusion are somewhat questionable.’

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Ropewalk Clinical Negligence Blog, 26th October 2021

Source: www.ropewalk.co.uk

George Peretz QC: The Subsidy Control Bill: Part II – Application to legislation, questions & concerns – UK Constitutional Law Association

Posted October 29th, 2021 in bills, constitutional law, judicial review, news, parliament, state aids by sally

‘In the first part of this post, I set out the structure of the Subsidy Control Bill. This post looks at how it applies to legislation and at some questions and concerns about enforcement and judicial review.’

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UK Constitutional Law Association, 29th October 2021

Source: ukconstitutionallaw.org

Lord Hodge, The Scope of Judicial Law-making in Constitutional Law and Public Law – Supreme Court

‘The scope of judicial law-making in constitutional law and public law.’

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Supreme Court, 27th October 2021

Source: www.supremecourt.uk

Progressing interim injunctions – Local Government Lawyer

Posted October 29th, 2021 in injunctions, local government, news, planning by sally

‘A High Court judge recently accused four councils of abusing the court’s processes by failing to progress interim injunctions granted against “persons unknown”. Roderick Morton looks at the challenges faced by local authorities.’

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Local Government Lawyer, 29th October 2021

Source: www.localgovernmentlawyer.co.uk

Lawyers the only winners in “nihilistic” divorce dispute, says judge – Legal Futures

Posted October 29th, 2021 in costs, divorce, families, fees, judges, news, solicitors by sally

‘The lawyers are the only beneficiaries of a “nihilistic” divorce dispute that has cost £2.3m in legal fees, with the couple’s children the main losers, a High Court judge has ruled.’

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Legal Futures, 29th October 2021

Source: www.legalfutures.co.uk

Research Briefing: Firearms: licensing and safety – House of Commons Library

‘This Library briefing paper discusses the regulation of firearms in the UK.’

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House of Commons Library, 26th October 2021

Source: commonslibrary.parliament.uk

Research Briefing: Bankruptcy – House of Commons Library

Posted October 29th, 2021 in bankruptcy, insolvency, news, parliament by sally

‘This Commons briefing paper provides a outline of bankruptcy procedures in England and Wales.’

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House of Commons Library , 27th October 2021

Source: commonslibrary.parliament.uk

Transparency to be ‘new norm’ in Family Division – McFarlane – Law Society’s Gazette

Posted October 29th, 2021 in anonymity, families, family courts, media, news, reporting restrictions by sally

‘Openness in the family justice system should be regarded as “the new norm”, the president of the Family Division said yesterday, proposing that the media should be allowed to report court hearings more fully.’

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Law Society's Gazette, 29th October 2021

Source: www.lawgazette.co.uk

Research reveals rapes and assaults admitted to by male UK students – The Guardian

Posted October 29th, 2021 in consent, news, rape, sexual offences, statistics, universities by sally

‘The first survey examining sexual violence by male UK students has shone a light on misogyny at universities, with scores admitting to rape, sexual assault and other forcible acts.’

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The Guardian, 29th October 2021

Source: www.theguardian.com

Emiliano Sala: Businessman who organised fatal flight found guilty of endangering safety of plane – The Independent

‘The businessman who organised the flight that crashed and killed footballer Emiliano Sala has been found guilty of endangering the safety of an aircraft.’

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The Independent, 28th October 2021

Source: www.independent.co.uk

Conversion therapy to be restricted but not banned in proposed bill – The Guardian

‘Equalities minister Liz Truss will consult on plans to allow counselling for non-vulnerable adults.’

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The Guardian, 29th October 2021

Source: www.theguardian.com