Channel deaths: the UK has clear legal responsibilities towards people crossing in small boats – EIN Blog
‘At least 27 people have drowned in the English Channel attempting to cross in a small boat. There were three children, seven women, one of whom was pregnant, and 17 men. Although a joint search and rescue operation was seemingly launched in the narrow maritime area between the UK and France (which is only 20 miles wide), the highly equipped authorities of both coastal states were not able to intervene in time to save the victims. The British government has responded to these deaths by calling on France to take back anyone who attempts the crossing. Speaking in parliament following the tragedy, Home Secretary Priti Patel placed heavy emphasis on the French government’s responsibility for the tragedy, which she said was “not a surprise”.
Regardless of how these people got there, the UK has clear legal responsibilities to anyone who finds themselves in trouble in the Channel. However much French authorities bolster their own efforts, the UK is obliged by multiple international conventions to maintain robust search and rescue operations in the area.’
EIN Blog, 26th November 2021
Source: www.ein.org.uk
Mandatory vaccination for care home workers not unlawful nor in breach of ECHR – UK Human Rights Blog
‘Peters & Anor, R (On the application of) the Secretary of State for Health and Social Care & Anor [2021] EWHC 3182 (Admin), 2 November 2021. This was a renewed application by the claimants for permission to proceed with a judicial review challenge to the Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021, which requires a registered person who runs a regulated activity in a care home to ensure that any person entering the premises has been vaccinated, unless for clinical reasons that person is exempt.’
UK Human Rights Blog, 26th November 2021
Source: ukhumanrightsblog.com
Fighting ever increasing odds against a draconian intervention – and when is a without notice hearing acceptable? – Local Government Lawyer
‘The Court of Protection recently ordered that a woman with late onset vascular dementia be transferred to a residential care home after relations between her son and care workers broke down. Alex Ruck Keene analyses the ruling.’
Local Government Lawyer, 26th November 2021
Source: www.localgovernmentlawyer.co.uk
Man-shed miscalculated – Local Government Lawyer
‘The Court of Appeal recently rejected an appeal by the owner of a building dubbed “Britain’s biggest man cave” over a ruling that he was in contempt of court of an injunction issued in 2018. Roderick Morton analyses the judgment.’
Local Government Lawyer, 26th November 2021
Source: www.localgovernmentlawyer.co.uk
Increased transparency in the family courts to be the way forward – Family Law
‘On 29 October 2021 the President of the Family Division, Sir Andrew McFarlane, published a report with his conclusions on the issue of transparency in the family courts. His view is clear: it is possible to enhance public confidence in the family courts whilst also safeguarding the privacy of the families and the children who turn to the courts for protection and resolution. Increased transparency in the family courts is plainly a top priority for the President; it should be the “new norm”.’
Family Law, 26th November 2021
Source: www.familylaw.co.uk
British MPs call for law changes to help young Hongkongers flee to UK – The Guardian
‘More than nine in 10 people who have faced protest charges in Hong Kong are too young to access a UK visa scheme dedicated to helping Hongkongers flee to Britain, according to advocates and MPs calling for new laws to assist them.’
The Guardian, 28th November 2021
Source: www.theguardian.com
Official judgment portal set to go live – Law Society’s Gazette
‘Nearly 50,000 court judgments have been set up to be posted online in the first phase of the government’s plan to create a cutting-edge free repository of legal information, the Gazette can reveal. The service, hosted by the National Archives, will go live next April when the Ministry of Justice’s contract with the British and Irish Legal Information Institute (BAILII) expires.’
Law Society's Gazette, 29th November 2021
Source: www.lawgazette.co.uk
Research Briefing: Consumer protection: Unfair Trading Regulations 2008 – House of Commons Library
‘The purpose of this House of Commons Library briefing paper is to provide a brief overview of the Consumer Protection from Unfair Trading Regulations 2008 (as amended).’
House of Commons Library, 26th November 2021
Source: commonslibrary.parliament.uk
Tribunal to decide on motorist class action lawsuit against shipping cartel – The Independent
‘Motorists who bought a new car between 2005 and 2015 will find out whether they should be able to automatically receive a payout from five of the world’s biggest shipping companies in a £150 million legal case. A three-day hearing at the Competition Appeal Tribunal in London begins on Monday, to decide whether a collective proceedings order (CPO) can be launched on behalf of UK consumers and businesses, which would see payouts on about 17 million vehicles.’
The Independent, 29th November 2021
Source: www.independent.co.uk
Asylum seekers jailed for steering dinghies appealing after being branded ‘people smugglers’ by government – The Independent
‘More than a dozen asylum seekers who were jailed for steering dinghies across the English Channel are fighting to have their convictions overturned.’
The Independent, 28th November 2021
Source: www.independent.co.uk
English universities risk breaking law over offer withdrawals, say ministers – The Guardian
‘Universities in England risk breaking competition laws if they add loopholes letting them withdraw offers from students at the last minute if courses are oversubscribed, ministers and regulators have told vice-chancellors.’
The Guardian, 29th November 2021
Source: www.theguardian.com
Enforcement of adjudicator’s decision refused as proceedings were an abuse of process – Practical Law: Construction Blog
‘We often hear cases referred to as having turned on their facts and, if there was ever an example of this it would be the judgment handed down in October 2021 in G&D Brickwork Contractors Ltd v Marbank Construction Ltd. The parties’ names will ring a bell with some of you because, earlier in the year, O’Farrell J refused to grant an injunction restraining G&D from bringing adjudication proceedings, and last month’s judgment from Joanna Smith J deals with the enforcement of the adjudicator’s decision.’
Practical Law: Construction Blog, 24th November 2021
Statutory Instruments – legislation.gov.uk
SI 2021/1307 – The Avian Influenza (H5N1 in Wild Birds) (England) (Amendment) (No. 2) Order 2021
SI 2021/1305 – The Avian Influenza (H5N1 in Wild Birds) (England) (Amendment) Order 2021
SI 2021/1308 – The Occupational Pensions (Revaluation) Order 2021
SI 2021/1318 – The Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 3) Order 2021
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Supreme Court
A Local Authority v JB [2021] UKSC 52 (24 November 2021)
Court of Appeal (Civil Division)
AH, Re (Serious Medical Treatment) [2021] EWCA Civ 1768 (25 November 2021)
Park v CNH Industrial Capital Europe Ltd (t/a CNH Capital) [2021] EWCA Civ 1766 (24 November 2021)
EUI Ltd v UK Vodaphone Ltd [2021] EWCA Civ 1771 (24 November 2021)
Court of Appeal (Criminal Division)
Ahmed, R. v [2021] EWCA Crim 1786 (25 November 2021)
High Court (Administrative Court)
Ekwoge v Centeral District Court In Buda (Hungary) [2021] EWHC 3163 (Admin) (24 November 2021)
High Court (Chancery Division)
Malik v Hussain (Rev1) [2021] EWHC 3161 (Ch) (25 November 2021)
Prudential Assurance Company Ltd & Anor, Re [2021] EWHC 3152 (Ch) (24 November 2021)
High Court (Patents Court)
High Court (Queen’s Bench Division)
Damavand Media Ltd & Anor v DMA Media Ltd & Anor [2021] EWHC 3164 (QB) (25 November 2021)
Wokingham Borough Council v Jules & Anor [2021] EWHC 3135 (QB) (24 November 2021)
Komives & Anor v Hick Lane Bedding Ltd & Anor [2021] EWHC 3139 (QB) (24 November 2021)
Abramovich v Harpercollins Publishers Ltd & Anor [2021] EWHC 3154 (QB) (24 November 2021)
Source: www.bailii.org

