Lia Nici: Man fined over threats to Grimsby MP – BBC News
‘A man has been fined after admitting a campaign of threatening behaviour against Great Grimsby Conservative MP Lia Nici.’
BBC News, 28th October 2021
Source: www.bbc.co.uk
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.’
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.’
Legal Futures, 28th October 2021
Source: www.legalfutures.co.uk
Man who used commemorative coin to pay for petrol wins payout – The Independent
‘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.’
The Independent, 27th October 2021
Source: www.independent.co.uk
Abuse survivor fights for justice after 70 years – BBC News
‘A woman who was sexually abused in a children’s home in the 1950s has called for an inquiry and an apology.’
BBC News, 28th October 2021
Source: www.bbc.co.uk
Is An Overhaul Of The Human Rights Act Imminent? – Each Other
‘Dominic Raab has announced his intention to “overhaul” the UK’s Human Rights Act (HRA), despite widespread criticism.’
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.’
The Guardian, 27th October 2021
Source: www.theguardian.com
BAILII: Recent Decisions
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)
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)
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
‘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”.’
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.’
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.’
The Independent, 27th October 2021
Source: www.independent.co.uk
Woman cleared of obstructing Met police after partner shot with stun gun – The Guardian
‘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.’
The Guardian, 26th October 2021
Source: www.theguardian.com
Law firm first to sell advice using cryptocurrency tokens – Legal Futures
‘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.’
Legal Futures, 27th October 2021
Source: www.legalfutures.co.uk
Human rights applications and statutory rights to appeal – the domestic abuse context – EIN Blog
‘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.’
EIN Blog, 26th October 2021
Source: www.ein.org.uk
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.’
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.’
Law Society's Gazette, 25th October 2021
Source: www.lawgazette.co.uk
Statutory Instruments – legislation.gov.uk
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 2021/1170 – 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 2021/1164 – The Value Added Tax (Distance Selling and Miscellaneous Amendments) Regulations 2021
Source: www.legislation.gov.uk
