Right to repair may lead to increased claims against manufacturers – OUT-LAW.com

‘New regulations which will extend the life of domestic electrical products by up to 10 years, could mean manufacturers face more claims for defective products or negligence, experts at Pinsent Masons, the law firm behind Out-Law have warned.’

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OUT-LAW.com, 14th July 2021

Source: www.pinsentmasons.com

Proposed changes to the Defective Premises Act – Practical Law: Construction Blog

Posted July 14th, 2021 in bills, building law, compensation, construction industry, housing, news, time limits by tracey

‘Many changes have been introduced since Grenfell to address the cladding crisis including the establishment of various loans, funds, plans for new regulators, new taxes, levies and new rules to govern building safety throughout the lifetime of a building.’

Full Story

Practical Law: Construction Blog, 13th July 2021

Source: constructionblog.practicallaw.com

London borough secures possession order against groups camping on Clapham Common – Local Government Lawyer

Posted July 14th, 2021 in complaints, local government, London, news, repossession by tracey

‘The London Borough of Lambeth has secured an order for possession against occupiers camping on Clapham Common.’

Full Story

Local Government Lawyer, 13th July 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal allows appeal by council as judgment in childcare proceedings did not contain required analysis of competing options – Local Government Lawyer

Posted July 14th, 2021 in adoption, appeals, care orders, children, families, judges, local government, news by tracey

‘The Court of Appeal has allowed an appeal by a council over a judge’s order that effectively rejected the local authority’s care plan for adoption for an 18-month-old child (A).’

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Local Government Lawyer, 13th July 2021

Source: www.localgovernmentlawyer.co.uk

Research Briefing: Health and Care Bill 2021-22 – House of Commons Library

Posted July 14th, 2021 in bills, government departments, health, hospitals, news by tracey

‘The Health and Care Bill 2021-22 [Bill 140 of 2021-22] was introduced in the House of Commons on 6 July 2021. Second reading is scheduled for Wednesday 14 July 2021. This paper explains the Bill’s provisions and includes comment and reactions.’

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House of Commons Library, 12th July 2021

Source: commonslibrary.parliament.uk

CPS diversity declaration rule to put chambers under spotlight – Legal Futures

‘The Crown Prosecution Service (CPS) is to use a new annual online declaration by panel barristers of any protected characteristics to analyse the proportionality of case allocation and fee payments within chambers.’

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Legal Futures, 13th July 2021

Source: www.legalfutures.co.uk

Ban on knives, firearms and offensive weapons comes into force – Home Office

‘A tough ban on a wide range of knives, weapons, and firearms comes into force today as part of government action to tackle violent crime and serious violence.’

Full press release

Home office, 14th July 2021

Source: www.gov.uk/home-office

Tardy defendant allowed to fight £101m case ‘by skin of his teeth’ – Law Society’s Gazette

Posted July 14th, 2021 in costs, debts, default judgments, delay, news, shareholders by tracey

‘A civil defendant who waited three months to challenge a default judgment worth £101m has been given another chance to fight the claim.’

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Law Society's Gazette, 13th July 2021

Source: www.lawgazette.co.uk

Euro 2020: Uefa opens disciplinary proceedings against England after Italy final – The Independent

Posted July 14th, 2021 in disciplinary procedures, news, public order, sport, violence, violent disorder by tracey

‘Uefa has opened disciplinary proceedings against the English Football Association in the wake of chaotic scenes at the Euro 2020 final between England and Italy at Wembley.’

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The Independent, 14th July 2021

Source: www.independent.co.uk

MP questions transfer of children from Rainsbrook secure centre to youth jails – The Guardian

Posted July 14th, 2021 in children, contracting out, coronavirus, custody, news, prisons, young offenders by tracey

‘Children held in a condemned youth jail for vulnerable offenders have been moved into unsuitable alternative custody, a committee has been told. About 30 children previously held at the privately run Rainsbrook secure training centre are being transferred into alternative custody arrangements following calls for urgent action over problems at the unit.’

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The Guardian, 13th July 2021

Source: www.theguardian.com

Autism: Number of people stuck in hospital ‘national scandal’ – BBC News

‘The government’s failure to reduce the number of autistic people confined to mental health units in England is a “national scandal”, a charity says.’

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BBC News, 14th July 2021

Source: www.bbc.co.uk

Government breaching human rights commitments under UN racism treaty, report warns – The Independent

‘The government is in breach of a UN treaty designed to eradicate racial discrimination, a new report has warned. Research by the Runnymede Trust said that minority ethnic groups face sustained disparities across health, the criminal justice system, education, employment and immigration in England.’

Full Story

The Independent, 14th July 2021

Source: www.independent.co.uk

Killer Colin Pitchfork to be released from prison after challenge fails – The Guardian

‘The child killer and rapist Colin Pitchfork is to be freed from prison after the Parole Board rejected calls from the government to reconsider the controversial decision.’

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The Guardian, 14th July 2021

Source: www.theguardian.com

Benefit death reviews ‘shrouded in secrecy’ – BBC News

Posted July 14th, 2021 in benefits, government departments, inquests, inquiries, news, statistics by tracey

‘Cases where a person claiming benefits died or came to serious harm have now prompted 268 internal reviews since 2012, it can be revealed. The Department for Work & Pensions holds reviews when it is alleged its actions had a negative impact, or when named at an inquest.’

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BBC News, 14th July 2021

Source: www.bbc.co.uk

Southern Water fined record £90m for dumping raw sewage – BBC News

Posted July 13th, 2021 in fines, news, pollution, waste, water, water companies by tracey

‘Southern Water has been fined a record £90m for deliberately dumping billions of litres of raw sewage into the sea. The company admitted 6,971 illegal spills from 17 sites in Hampshire, Kent and West Sussex between 2010 and 2015.’

Full Story

BBC news, 10th July 2021

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 13th, 2021 in legislation by tracey

The Money Laundering and Terrorist Financing (Amendment) (No. 2) (High-Risk Countries) Regulations 2021

The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk and Prevention of Oil Pollution) (Amendment) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 13th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

School Facility Management Ltd & Ors v Governing Body of Christ The King College [2021] EWCA Civ 1053 (12 July 2021)

Target Group Ltd v Her Majesty’s Revenue And Customs [2021] EWCA Civ 1043 (12 July 2021)

High Court (Administrative Court)

Perry v The Government of the United States of America [2021] EWHC 1956 (Admin) (13 July 2021)

High Court (Queen’s Bench Division)

London Borough of Lambeth v Grant & Ors (Rev 1) [2021] EWHC 1962 (QB) (12 July 2021)

Malik v St George’s University Hospitals NHS Foundation Trust [2021] EWHC 1913 (QB) (12 July 2021)

Source: www.bailii.org

Committed to committal – Nearly Legal

‘Gunn & Launders v Khan (2020) EWCA Civ 1905. This was an appeal by the landlord, Saakib Khan, of an order sentencing him to six months imprisonment for contempt of court for breach of an injunction. The injunction (still just about interim on the date of breach, as will become clear) was to prevent Saakib Khan from evicting or attempting to evict the tenant and from interfering with his quiet enjoyment of the property and from threatening him with violence or harassing, pestering, or intimidating him.’

Full Story

Nearly Legal, 8th July 2021

Source: nearlylegal.co.uk

Doors, fixtures and demises – Nearly Legal

Posted July 13th, 2021 in covenants, leases, news by tracey

‘Marlborough Knightsbridge Management Ltd v Fivaz (2021) EWCA Civ 989. In which the Court of Appeal grapple with whether a front entrance door to a leasehold flat is a “landlord’s fixture” or something else. This was the landlord’s second appeal from the Upper Tribunal decision we noted here, where the UT had found that the door was part of the demise under the lease, not a landlord’s fixture. The overall issue was that the leaseholder, Mr Fivaz, had replaced the front door to his flats. The landlord contended that this was a breach of lease under a covenant.’

Full Story

Nearly Legal, 8th July 2021

Source: nearlylegal.co.uk

UK court backs rights holder in ‘essential’ patent dispute – OUT-LAW.com

Posted July 13th, 2021 in estoppel, news, patents, telecommunications by tracey

‘The High Court in London has decided in favour of Optis Cellular Technology in a dispute over the validity of one of its telecommunications network patents and one that was said to be essential to the long-term evolution (LTE) network standard.’

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OUT-LAW.com, 12th July 2021

Source: www.pinsentmasons.com