Statutory Instruments – legislation.gov.uk

Posted October 6th, 2021 in legislation by sally

SI 2021/1108 – The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2021

SI 2021/1104 – The Inspectors of Education, Children’s Services and Skills (No. 3) Order 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 6th, 2021 in law reports by sally

Court of Appeal (Civil Division)

La Micro Group (UK) Ltd & Anor v La Micro Group, Inc & Ors [2021] EWCA Civ 1429 (05 October 2021)

Sheiling Properties Ltd v Revenue And Customs [2021] EWCA Civ 1425 (05 October 2021)

Butcher & Anor v Pike & Ors [2021] EWCA Civ 1407 (04 October 2021)

High Court (Administrative Court)

The Khalsa Academies Trust Ltd, R (On the Application Of) v Secretary of State for Education [2021] EWHC 2660 (Admin) (05 October 2021)

Gough, R (On the Application Of) v University of Leeds [2021] EWHC 2653 (Admin) (04 October 2021)

Cardona, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 2656 (Admin) (04 October 2021)

ABC, R (On the Application Of) v Chief Constable of Durham Constabulary [2021] EWHC 2655 (Admin) (04 October 2021)

JM v Secretary of State for the Home Department [2021] EWHC 2514 (Admin) (04 October 2021)

High Court (Chancery Division)

Electrical Control Installations Ltd, Re [2021] EWHC 2661 (Ch) (05 October 2021)

Panorama Cash & Carry (t/a Booze Direct) v Revenue And Customs [2021] EWHC 2654 (Ch) (04 October 2021)

High Court (Family Division)

VR v YD & Anor [2021] EWHC 2642 (Fam) (29 September 2021)

High Court (Queen’s Bench Division)

London Borough of Havering & Ors v Persons Unknown & Ors [2021] EWHC 2648 (QB) (04 October 2021)

Source: www.bailii.org

To cap or not to cap, that is the question – Counsel

Posted October 5th, 2021 in barristers, legal education, news, pupillage, statistics by sally

‘There is a debate that perennially surfaces on social media and leads to animated discussion – “far too many students start the Bar course with little or no prospects of success; spending money they can ill afford; and that any given scholarship money could be used differently”. The debate can be stifled, or misdirected, by inaccurate statistics or recollections of a Bar course from a halcyon age. Fortunately, and in the best Twitter form, this debate also provides a whole host of suggested solutions.’

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Counsel, October 2021

Source: www.counselmagazine.co.uk

Law Society report hits out at “vanishing” civil legal aid – Local Government Lawyer

Posted October 5th, 2021 in budgets, civil justice, legal advice, legal aid, news by sally

‘People living in areas without a major city are particularly badly hit by “vanishing” availability of civil legal aid across housing, welfare, education, community care and immigration, the Law Society has claimed.’

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Local Government Lawyer, 4th October 2021

Source: www.localgovernmentlawyer.co.uk

Delayed inquests into deaths of Stephen Port’s victims open – The Guardian

Posted October 5th, 2021 in delay, inquests, murder, news by sally

‘The delayed inquests into the deaths of four young men who were victims of the serial killer Stephen Port open on Tuesday, as the lawyer for their families said the hearings marked a key step in their “quest for accountability”.’

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The Guardian, 5th October 2021

Source: www.theguardian.com

BT collective action ruling “could open the floodgates” – Legal Futures

Posted October 5th, 2021 in class actions, competition, consumer protection, news, telecommunications by sally

‘The Competition Appeal Tribunal’s (CAT) approval of a second opt-out collective action is likely to open the floodgates to more applications, it has been claimed.’

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Legal Futures, 4th October 2021

Source: www.legalfutures.co.uk

Boris Johnson does not support making misogyny a hate crime – BBC News

Posted October 5th, 2021 in hate crime, news, police, women by sally

‘Boris Johnson does not support calls to make misogyny a hate crime, telling the BBC there is “abundant statute” to tackle violence against women.’

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BBC News, 5th October 2021

Source: www.bbc.co.uk

Short jail terms fail to prevent reoffending, says former England and Wales magistrate – The Guardian

‘Criminals in England and Wales are being jailed for short terms that fail to prevent reoffending because of a lack of awareness and availability of community-based sentencing, a leading former magistrate has said.’

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The Guardian, 5th October 2021

Source: www.theguardian.com

Cardiff man jailed for raping woman in Bute Park – BBC News

Posted October 5th, 2021 in news, rape, sentencing by sally

‘A man who raped a woman in a city centre park has been given a 15-year extended sentence.’

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BBC News, 4th October 2021

Source: www.bbc.co.uk

Black candidates least likely to find a pupillage, research finds – Legal Futures

Posted October 5th, 2021 in minorities, news, pupillage, reports, statistics by sally

‘Candidates from Black backgrounds are much less likely than other candidates to secure a pupillage, a report from the Bar Council has found.’

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Legal Futures, 5th October 2021

Source: www.legalfutures.co.uk

Priti Patel to enable police to stop disruptive protesters going to demos – The Guardian

‘Protesters disrupting motorways will be prevented from travelling around the country under new powers to be handed to the police, Priti Patel will announce on Tuesday.’

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The Guardian, 5th October 2021

Source: www.theguardian.com

If my child is British, can I stay in the UK? – EIN Blog

Posted October 4th, 2021 in children, families, immigration, news, parental responsibility, visas by sally

‘If you are a foreign national with a British child and have made the decision to move to the UK, it is vital that you understand the immigration options available to you. Under the UK’s immigration rules, the principal visa route for foreign nationals who want to join their family members is outlined in detail in Appendix FM (FM stands for “family members”). This popular immigration route is intended for anyone who wishes to come to the UK on the basis of their family life with a British national or a person who has settled permanently in the UK. In this article, we will explain how a foreign national with a British child can stay in the UK by applying through the family member (FM) route.’

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EIN Blog, 1st October 2021

Source: www.ein.org.uk

Bedrooms – hypothetical rather than actual. Bedroom tax and actual use. – Nearly Legal

Posted October 4th, 2021 in appeals, benefits, housing, landlord & tenant, news by sally

‘The Secretary of State for Work and Pensions v Hockley & Anor (2019) EWCA Civ 1080. A quick note because I somehow missed this at the time. The Court of Appeal overturned the Upper Tribunal decision on whether assessment of entitlement to bedrooms for the bedroom tax was connected to the actual occupiers and their actual or potential use of the rooms. (Here there were two children and two bedrooms, neither of which could accommodate two children.)’

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Nearly Legal, 3rd October 2021

Source: nearlylegal.co.uk

Mark K Heatley: The continued use of Private Acts of Parliament in United Kingdom – UK Constitutional Law Association

‘Over the past 50 years, around four Private Acts of Parliament have been enacted annually, with a maximum of 23 in 1992. Private Acts of Parliament (PA) include local Acts, that benefit organizations such as local authorities or authorize major infrastructure projects and are often of limited geographical extent, and personal Acts that benefit individuals. No personal Acts have been enacted since 1987.’

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UK Constitutional Law Association, 4th October 2021

Source: ukconstitutionallaw.org

Statutory Instruments – legislation.gov.uk

Posted October 4th, 2021 in legislation by sally

SI 2021/1107 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 13) Regulations 2021

SI 2021/1101 – The School Teachers’ Pay and Conditions (England) Order 2021

SI 2021/1090 – The Conference of the Parties to the United Nations Framework Convention on Climate Change (Immunities and Privileges) Order 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 4th, 2021 in law reports by sally

Court of Appeal (Civil Division)

Goodenough & Anor v The Chief Constable of Thames Valley Police [2021] EWCA Civ 1422 (01 October 2021)

High Court (Administrative Court)

Ibrahim, R (On the Application Of) v Westminster City Council [2021] EWHC 2616 (Admin) (01 October 2021)

Thorley v Sandwell & West Birmingham Hospitals NHS Trust [2021] EWHC 2604 (QB) (01 October 2021)

High Court (Chancery Division)

Original Beauty Technology & Ors v Company Ltd G4K Fashion Ltd & Ors [2021] EWHC 2632 (Ch) (01 October 2021)

Gangat & Anor v Jassat [2021] EWHC 2644 (Ch) (01 October 2021)

High Court (Commercial Court)

Phoenicks Ltd v Bellrock Property & Facilities Management Ltd [2021] EWHC 2639 (Comm) (01 October 2021)

High Court (Queen’s Bench Division)

Thorley v Sandwell & West Birmingham Hospitals NHS Trust [2021] EWHC 2604 (QB) (01 October 2021)

Source: www.bailii.org

Possession – more change in England – Local Government Lawyer

Posted October 4th, 2021 in housing, landlord & tenant, local government, news, repossession by sally

‘From the beginning of this month, there has been yet more change on the possession front. Suzanne Gregson examines the latest position.’

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Local Government Lawyer, 4th October 2021

Source: www.localgovernmentlawyer.co.uk

Gender pay gap at Bar has widened over past 20 years – Legal Futures

‘The income gap between male and female barristers has increased over the last 20 years, new Bar Council figures have shown.’

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Legal Futures, 4th October 2021

Source: www.legalfutures.co.uk

Quarter of pupillage hopefuls £50k in debt – Law Society’s Gazette

Posted October 4th, 2021 in barristers, coronavirus, debts, news, pupillage, statistics by sally

‘Over a third of aspiring barristers expect to have racked up over £40,000 of debt by the time they complete pupillage, as the number of applicants competing for jobs continues to rise.’

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Law Society's Gazette, 1st October 2021

Source: www.lawgazette.co.uk

A v A [2021] – The Final Piece of the Puzzle for Family Arbitration – Family Law

Posted October 4th, 2021 in arbitration, dispute resolution, families, family courts, news by sally

‘FLiP has been a strong supporter of family arbitration as a means of resolving disputes away from the courts since family arbitration was introduced into England & Wales in February 2012. In fact, it was at FLiP that one of the first family arbitrations under the new scheme took place and, as a firm, we offer three qualified family arbitrators.

The uptake and breadth of appeal of family arbitration has turned a real corner in the past 16 or so months. The decision of A v A (Arbitration: Guidance) [2021] EWHC 1889 (Fam), published in July 2021, has clarified how family arbitration works within the family court system; it should give those considering using family arbitration full confidence in the process as a cogent alternative to litigation.’

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Family Law, 1st October 2021

Source: www.familylaw.co.uk