Failure to remove’ claims: some further developments – Local Government Lawyer
‘Paul Stagg analyses the latest rulings of relevance to “failure to remove” claims.’
Local Government Lawyer, 11th February 2022
Source: www.localgovernmentlawyer.co.uk
Judge raps council after 13-year-old boy unlawfully deprived of his liberty for five months – Local Government Lawyer
‘A Family Court judge has sharply criticised a local authority over its failure to seek the court’s authorisation of a deprivation of liberty (DoL) of a 13-year-old boy (AB).’
Local Government Lawyer, 11th February 2022
Source: www.localgovernmentlawyer.co.uk
Government accepts Law Commission’s recommendations to reform the communications offences – Law Commission
‘The Government has accepted the Law Commission’s recommendations to reform the communications offences, made in the 2021 Modernising Communications Offences report. It intends to include the offences in the Online Safety Bill.’
Law Commission, 7th February 2022
Source: www.lawcom.gov.uk
The procedure for England’s new divorce law – Family Law
‘From 6 April 2022 England and Wales has a new divorce law, so-called no-fault. It is the most significant divorce law change since 1969. It introduces an entirely new basis of obtaining a divorce and a new timetable. It will have different consequences for the applicant and the respondent. It allows joint petitions and joint applications for the final divorce. Service will be invariably by email as default service method. In any event, divorce itself is now an almost entirely online process. The rules for procedure have just been published and this note explores some of the important changes for practitioners.’
Family Law, 4th February 2022
Source: www.familylaw.co.uk
Sperm donation & pre-conception agreements: The legal issues – Family Law
‘For those who are struggling to conceive a child, the creation of an embryo using donated sperm could be lifechanging. As well as creating a baby, however, the procedure could create a whole host of legal problems in the future.’
Family Law, 4th February 2022
Source: www.familylaw.co.uk
Research Briefing: Corporate criminal liability in England and Wales – House of Commons Library
‘This briefing discusses the circumstances in which corporates can commit crimes in England and Wales, setting out recent developments and proposals for reform.’
House of Commons Library, 9th February 2022
Source: commonslibrary.parliament.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Hussain & Anor v Secretary of State for the Home Department [2022] EWCA Civ 145 (11 February 2022)
High Court (Administrative Court)
Walsh v High Court Ireland [2022] EWHC 286 (Admin) (11 February 2022)
High Court (Chancery Division)
High Court (Queen’s Bench Division)
Shah v Power & Anor [2022] EWHC 209 (QB) (11 February 2022)
Source: www.bailii.org
Recent Statutory Instruments: legislation.gov.uk
SI 2022/102 – The Stamp Duty and Stamp Duty Reserve Tax (LCH SA) Regulations 2022
SI 2022/100 – The Financial Services and Markets Act 2000 (Exemption) (Amendment) Order 2022
SI 2022/114 – The Phytosanitary Conditions (Amendment) Regulations 2022
SI 2022/121 – The Microchipping of Dogs (England) (Amendment) Regulations 2022
SI 2022/117 – The Plastic Packaging Tax (General) Regulations 2022
SI 2022/115 – The Offshore Installations (Safety Zones) Order 2022
SI 2022/110 – The Motor Vehicles (Driving Licences) (Amendment) Regulations 2022
Source: www.legislation.gov.uk
Rattan v Hughes – Case Note – Old Square Chambers
‘Are dental practices which service NHS General Dental Services Contracts liable for negligence by associate dentists whom they engage?’
Old Square Chambers, 4th February 2022
Source: oldsquare.co.uk
Competition watchdog accepts Google’s privacy changes – The Independent
‘The competition watchdog has accepted proposed changes made by Google to the way it uses customer data.’
The Independent, 11th February 2022
Source: www.independent.co.uk
Raising a criminal case in the civil courts – St John’s Chambers
‘Allegations of criminal behaviour are normally tried in the criminal courts. But where a crime is either not prosecuted, or cannot be proved beyond reasonable doubt, the question may end up being tried in a civil court, even where the allegation is as serious as it could be, such as murder. This may cause difficulties where the evidence relied upon has been obtained by a third party, such as a police force whether in England or abroad, and the claimant is not in a position to give a detailed account of the allegation until that evidence is available.’
St John's Chambers, 1st February 2022
Source: www.stjohnschambers.co.uk
Family Law Newsletter – Spire Barristers
‘Articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’
Spire Barristers, February 10th 2022
Source: spirebarristers.co.uk
Punter Southall Governance Services Ltd v Benge [2022] EWHC 193 (Ch) – Wilberforce Chamber
‘This decision of Chief Master Shuman concerns the circumstances in which the Court might refuse to bless a decision of pension scheme trustees, with particular reference to the meaning of “necessaries of life”, the conflicted position of member-trustees, and the relevance of disputed matters of fact. It will be important both for those considering the payment of discretionary benefits from pension schemes, including the interrelationship of scheme rules and the authorised payments regime under the Finance Act 2004, as well as more generally in relation to the robust approach the Court should take to beneficiaries seeking to oppose the blessing of trustee decisions.’
Wilberforce Chambers, 7th February 2022
Source: www.wilberforce.co.uk
James McCann jailed over worker living in shed – BBC News
‘A man who kept a slave in a shed with no toilet and sent him to work for a pittance has been jailed.’
BBC News, 10th February 2022
Source: www.bbc.co.uk
Hampshire Tinder fraudster jailed after conning woman out of £150,000 – The Guardian
‘A “charming” fraudster who conned a millionaire he met on Tinder into handing him almost £150,000 has been jailed for four-and-a-half years.’
The Guardian, 10th February 2022
Source: www.theguardian.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Leave.EU Group Ltd & Anor v The Information Commissioner [2022] EWCA Civ 109 (08 February 2022)
DK, R (On the Application Of) v Revenue and Customs [2022] EWCA Civ 120 (08 February 2022)
Court of Appeal (Criminal Division)
T v R. [2022] EWCA Crim 108 (08 February 2022)
High Court (Administrative Court)
High Court (Chancery Division)
Dunbabin & Ors v Dunbabin [2022] EWHC 241 (Ch) (10 February 2022)
Crypto Open Patent Alliance v Wright [2022] EWHC 242 (Ch) (09 February 2022)
Skillett v Skillett [2022] EWHC 233 (Ch) (08 February 2022)
Lim & Ors v Ong & Ors [2022] EWHC 225 (Ch) (07 February 2022)
Hammersley v Edwards & Ors [2022] EWHC 223 (Ch) (07 February 2022)
Wilson & Anor v Spence & Anor [2022] EWHC 158 (Ch) (07 February 2022)
High Court (Commercial Court)
Cardiorentis AG v Iqvia Ltd & Anor [2022] EWHC 250 (Comm) (10 February 2022)
Kwok & Ors v UBS AG (London Branch) [2022] EWHC 245 (Comm) (09 February 2022)
Upham & Ors v HSBC UK Bank PLC [2022] EWHC 227 (Comm) (07 February 2022)
High Court (Family Division)
X, Y and Z, Re (Children: Parental Orders: Time Limit) [2022] EWHC 198 (Fam) (02 February 2022)
High Court (Queen’s Bench Division)
Rawet & Ors v Daimler AG & Ors [2022] EWHC 235 (QB) (10 February 2022)
Arif v Sanger [2022] EWHC 236 (QB) (08 February 2022)
Source: www.bailii.org
Planning Court judge issues ruling on prior approval and upward extensions – Local Government Lawyer
‘The High Court has ruled against claimants in three cases involving how widely a local authority can consider planning matters when dealing with a request for prior approval under the Town and Country Planning (General Permitted Development) (England) Order 2015.’
Local Government Lawyer, 10th February 2022
Source: www.localgovernmentlawyer.co.uk
Paul Burgess: A Rule of Law Surprise Party(gate) – UK Constitutional Law Association
‘Partygate could tear apart the UK government but, regardless of one’s political preferences, there have been some good things that have come from the episode. Where it is not unusual to see different conceptions of the Rule of Law invoked on opposing sides of an argument, it was a pleasant surprise to see opposing sides invoke the concept in support of the same argument in a way that’s recognisable. “The Rule of Law” was deployed in a way that reflected the concept’s core purpose: holding those in power to the same rules and standards as everyone else and to deter the arbitrary application of power. However, this moment of unity is unlikely to settle the perennial contest relating to the concept’s meaning.’
UK Constitutional Law Association, 10th February 2022
Source: ukconstitutionallaw.org
British Citizenship: Precious, Costly, and Precarious – Oxford Human Rights Hub
‘Citizenship still matters; its absence denotes precarity. As Covid19 travel restrictions reminded us, at its international core lies the right to enter one’s country and reside therein. Domestically, in most jurisdictions, citizenship serves as an eligibility criterion for electoral participation; excluded non-citizens have limited capacity to advance their rights through the political process.’
Oxford Human Rights Hub, 8th February 2022
Source: ohrh.law.ox.ac.uk
