Recent Statutory Instruments – legislation.gov.uk

Posted June 10th, 2021 in legislation by sally

The Health Protection (Coronavirus, Testing Requirements and Standards) (England) (Amendment) Regulations 2021

The Official Controls (Temporary Measures) (Coronavirus) (Amendment) (No. 2) Regulations 2021

The Hydrocarbon Oil Duties (Reliefs for Electricity Generation) (Amendment and Modification) Regulations 2021

The Climate Change Levy (General) (Amendment and Modification) Regulations 2021

The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2021

The Customs (Declaration Modification) Regulations 2021

The Overseas Operations (Service Personnel and Veterans) Act 2021 (Commencement) Regulations 2021

Source: www.legislation.gov.uk

Court sanctions Part 26A restructuring plan – Mills & Reeve

‘The court considered whether it could make an order sanctioning a Part 26A restructuring plan (“Plan”) where the company was incorporated in England to rely on the English court’s jurisdiction to sanction a Plan.’

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Mills & Reeve, 8th June 2021

Source: www.mills-reeve.com

Lord Chancellor unveils court staff pay deal and review of his role – Legal Futures

‘The Treasury has agreed a three-year pay deal for court staff after negotiations with the Ministry of Justice (MoJ), the Lord Chancellor has announced.’

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Legal Futures, 9th June 2021

Source: www.legalfutures.co.uk

Anxious workers can wear headphones after discrimination ruling – Daily Telegraph

‘People with anxiety should be allowed to listen to music as they work, an employment tribunal has ruled.’

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Daily Telegraph, 10th June 2021

Source: www.telegraph.co.uk

Siblings who fatally force-fed man as he slept on train jailed for manslaughter – BBC News

Posted June 10th, 2021 in homicide, news, sentencing by sally

‘Two siblings who force-fed kebab meat to an “intoxicated” man as he slept on a train, causing his death, have been jailed for manslaughter.’

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BBC News, 9th June 2021

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted June 9th, 2021 in law reports by sally

Court of Appeal (Civil Division)

EMFC Loan Syndications LLP v The Resort Group Plc [2021] EWCA Civ 844 (08 June 2021)

High Court (Administrative Court)

Gordon, Recommendation to the Secretary of State for Justice [2021] EWHC 1423 (Admin) (09 June 2021)

Akinsanya, R (On the Application Of) v Secretary of State for the Home Department (Rev 1) [2021] EWHC 1535 (Admin) (09 June 2021)

Newley v General Medical Council [2021] EWHC 1538 (Admin) (08 June 2021)

Prosecutor At the Tribunal Judiciaire De Rennes, France v Bazlah [2021] EWHC 1507 (Admin) (08 June 2021)

High Court (Chancery Division)

Canary Riverside Estate Management Ltd & Ors v Coates [2021] EWHC 1505 (Ch) (08 June 2021)

DTEK Energy BV, Re [2021] EWHC 1551 (Ch) (08 June 2021)

La Cotte Consulting Ltd v Sovereign Steel Stockholders (a firm) & Ors [2021] EWHC 1517 (Ch) (08 June 2021)

Hyde & Ors (Joint Administrators of Betindex Ltd), Re [2021] EWHC 1542 (Ch) (08 June 2021)

Ahuja Investments Ltd v Victorygame Ltd & Ors [2021] EWHC 1543 (Ch) (08 June 2021)

High Court (Commercial Court)

Barclay-Watt & Ors v Alpha Panareti Public Ltd & Ors [2021] EWHC 1327 (Comm) (08 June 2021)

Tugushev v Orlov & Ors [2021] EWHC 1514 (Comm) (28 May 2021)

High Court (Patents Court)

Mitsubishi Electric Corporation & Anor v Oneplus Technology (Shenzhen) Co., Ltd & Ors [2021] EWHC 1541 (Pat) (08 June 2021)

High Court (Queen’s Bench Division)

Phoenix Interior Design Ltd v Henley Homes Plc & Anor [2021] EWHC 1573 (QB) (09 June 2021)

Dulson v Popovych [2021] EWHC 1515 (QB) (08 June 2021)

High Court (Technology and Construction Court)

Shepherd Construction Ltd v Drax Power Ltd [2021] EWHC 1478 (TCC) (08 June 2021)

Source: www.bailii.org

EU Settled Status scheme – what to expect if you miss the deadline – EIN Blog

Posted June 9th, 2021 in brexit, EC law, immigration, news, visas by sally

‘If you are an EU national resident in the UK before Brexit you can protect your right of residence. All you need to do is make an application for settled status or pre-settled status. This application is made online and, if you avoid technical difficulties, will take only a few minutes to complete. The deadline is 30 June 2021.’

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EIN Blog, 7th June 2021

Source: www.ein.org.uk

Tribunal judges found it “difficult to communicate” at video hearings – Litigation Futures

Posted June 9th, 2021 in coronavirus, judges, news, remote hearings, statistics, tribunals by sally

‘A major report on the impact of the pandemic on the tribunal service has found that almost a third of judges found it “difficult to communicate” at video hearings in the first few months.’

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Litigation Futures, 8th June 2021

Source: www.litigationfutures.com

PC Wayne Couzens pleads guilty to kidnap and rape of Sarah Everard – The Guardian

Posted June 9th, 2021 in guilty pleas, kidnapping, murder, news, police, rape, sexual offences by sally

‘Police constable Wayne Couzens has pleaded guilty to the kidnapping and rape of Sarah Everard, who went missing in March while walking home in south London.’

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The Guardian, 8th June 2021

Source: www.theguardian.com

How Can Respecting the Right to Religion for Prisoners Make A Real Difference? – Each Other

‘Over the past twenty years, the proportion of prisoners from religious minorities has steadily increased. EachOther asks how can listening to minority voices improve the right to religion in prisons?’

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Each Other, 8th June 2021

Source: eachother.org.uk

Fully cladding your Particulars of Claim is key – Mills & Reeve

‘Beware the pitfalls of bringing a claim at the last possible opportunity, and the prohibition against pleading new causes of action in the Reply to Defence … Martlett Homes Limited v. Mulalley & Co. Limited [2021] EWHC 296 (TCC).’

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Mills & Reeve, 8th June 2021

Source: www.mills-reeve.com

Small claims court delays continue to increase – Litigation Futures

‘Delays in cases going through the civil court continued to rise in the first quarter of 2021, throwing a potentially huge spanner in the works of the whiplash reforms which came into force last week.’

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Litigation Futures, 7th June 2021

Source: www.litigationfutures.com

Research Briefing: Land law: frequently asked questions (England & Wales) – House of Commons Library

‘This Commons briefing paper gives an overview of some commonly raised issues about land law.’

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House of Commons Library, 8th June 2021

Source: commonslibrary.parliament.uk

Tribunal ‘deeply concerned’ by racism among Home Office contractors – The Guardian

‘An employment tribunal has said that it was “deeply concerned” about Home Office contractors who deport people from the UK having used the racist term “cotton pickers” to describe their black colleagues, but threw out a claim of race and disability discrimination.’

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The Guardian, 7th June 2021

Source: www.theguardian.com

Black lawyers call on profession to be “example of anti-racism” – Legal Futures

‘The group Black Women in Law has called on fellow lawyers to be an “example of anti-racism in action” by challenging racism whenever they see it and wherever they hear it.’

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Legal Futures, 9th June 2021

Source: www.legalfutures.co.uk

Women offenders being released to homelessness – MPs – BBC News

‘Thousands of women are being released from prison each year without adequate help, a group of MPs and peers say.’

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BBC News, 8th June 2021

Source: www.bbc.co.uk

Judicial review applications fell 16% in 2020: report – Local Government Lawyer

‘The number of applications for judicial review fell 16% in 2020 to 2,800, data from National Statistics has revealed.’

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Local Government Lawyer, 8th June 2021

Source: www.localgovernmentlawyer.co.uk

More than one in seven girls are sexually abused before they turn 16 – Daily Telegraph

‘Majority of the abuse is never reported, finds report, which also shows one in 20 boys are reportedly sexually abused before 16th birthday.’

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Daily Telegraph, 8th June 2021

Source: www.telegraph.co.uk

UK government loses legal battle over transparency of ‘Orwellian’ unit – The Guardian

‘The government has lost a legal battle to prevent the release of documents about an “Orwellian” unit that is accused of obstructing the release of material requested by the public under the Freedom of Information Act.’

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The Guardian, 8th June 2021

Source: www.theguardian.com

Duty of care for the acts of third parties – Law Society’s Gazette

‘In Begum v Maran (UK) Ltd [2021] EWCA Civ 326, the Court of Appeal recently refused to dismiss a claim seeking damages from a UK-domiciled company following its sale of a ship to a third party, which arranged for its disposal in an unsafe manner. Although limited to arguability, it offers key insights into how duties could evolve into the consequences of corporates’ interactions with third parties.’

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Law Society's Gazette, 7th June 2021

Source: www.lawgazette.co.uk