Home Office faces inquiry into use of barracks to house asylum seekers – The Guardian

Posted April 14th, 2021 in asylum, detention, government departments, housing, immigration, inquiries, news by sally

‘MPs and peers from the all-party parliamentary group (APPG) on immigration detention agreed to proceed with the inquiry at a private meeting on 17 March. The cross-party group is due to publish its initial findings before the summer recess and hopes its findings can inform parliamentary discussions about the Home Office’s new plans for asylum seekers.’

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The Guardian, 13th April 2021

Source: www.theguardian.com

The role of courts at the seat of arbitration – Law Society’s Gazette

Posted April 14th, 2021 in appeals, arbitration, case management, courts, jurisdiction, news by sally

‘It is well established in international commercial arbitration that the courts at the seat of arbitration will have supervisory jurisdiction over the arbitral proceedings, including hearing any challenges to the validity of the arbitral award. In the recent case of Minister of Finance (Incorporated) and 1 Malaysia Development Berhad v International Petroleum Investment Company and Aabar Investments PJS [2019] EWCA Civ 2080, the Court of Appeal (Sir Geoffrey Vos, chancellor of the High Court, Newey and Males LLJ) considered the issue of the courts’ powers in section 67 (challenging the award: substantive jurisdiction) and section 68 (challenging the award: serious irregularity) of the Arbitration Act 1996. This article focuses on the Court of Appeal’s important discussion of the role and functions of the court at the seat of arbitration and the impact this has on the law and practice of international commercial arbitration.’

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Law Society's Gazette, 12th April 2021

Source: www.lawgazette.co.uk

Is there still any place for supervision orders? – Transparency Project

‘The purpose and effectiveness of this type of court order is currently being considered by one of the innumerable sub-groups of the Public Law Working Group. Now, the NFJO have reported on a rapid survey of professionals and parents who were asked quite detailed questions about supervision orders (SOs) in which they were involved during the last six years (presumably since the legislative changes to family proceedings in 2014). There was a good response from nearly 300 social work and legal professionals but only ten parents responded. However the NFJO is carrying out some separate work with focus groups for parents’ views.’

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Transparency Project, 13th April 2021

Source: www.transparencyproject.org.uk

SRA backs new cyber-losses clause for indemnity policies – Legal Futures

‘The extent to which losses caused by cyber attacks are covered by law firms’ professional indemnity insurance (PII) policies is to be clarified by the Solicitors Regulation Authority (SRA).’

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Legal Futures, 14th April 2021

Source: www.legalfutures.co.uk

‘Direct discrimination’: extremely vulnerable fans barred from Carabao Cup final – The Guardian

Posted April 14th, 2021 in coronavirus, disability discrimination, disabled persons, equality, news, sport by sally

‘The decision to bar clinically extremely vulnerable supporters from the Carabao Cup final is “direct discrimination”, according to a group of disabled Tottenham fans.’

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The Guardian, 13th April 2021

Source: www.theguardian.com

New Statutory Instruments – legislation.gov.uk

Posted April 14th, 2021 in legislation by sally

The Civil Proceedings and Gender Recognition Application Fees (Amendment) Order 2021

The Removal and Disposal of Vehicles (Amendment) (England) Regulations 2021

The Magistrates’ Courts (Amendment) Rules 2021

The Social Security (Claims and Payments) (Amendment) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 14th, 2021 in law reports by sally

Court of Appeal (Civil Division)

P (A Child) (Interim Separation) [2021] EWCA Civ 499 (06 April 2021)

Court of Appeal (Criminal Division)

Say, R. v [2021] EWCA Crim 520 (13 April 2021)

High Court (Administrative Court)

London Borough of Hillingdon v The Secretary of State for Transport & Anor [2021] EWHC 871 (Admin) (13 April 2021)

High Court (Chancery Division)

Melars Group Ltd v East-West Logistics LLP [2021] EWHC 874 (Ch) (13 April 2021)

Performing Right Society Ltd v Qatar Airways Group QCSC [2021] EWHC 869 (Ch) (13 April 2021)

High Court (Patents Court)

Mitsubishi Electric Corporation & Anor v Archos SA & Ors [2021] EWHC 889 (Pat) (13 April 2021)

High Court (Queen’s Bench Division)

Soriano v Forensic News LLC & Ors [2021] EWHC 873 (QB) (13 April 2021)

Source: www.bailii.org

Judge considers whether local authority obliged to assess members of ‘original family’ of mother who herself was adopted – Local Government Lawyer

Posted April 13th, 2021 in adoption, care orders, local government, mental health, news by sally

‘A Family Court judge has issued a ruling on whether, within public law proceedings, there was any obligation on a local authority to assess members of the biological/birth family of the mother of the subject infant child, where the mother herself was adopted as a child and raised by adoptive parents.’

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Local Government Lawyer, 12th April 2021

Source: www.localgovernmentlawyer.co.uk

Fine for solicitor who acted on both sides in “undue influence” house sale – Legal Futures

‘A solicitor who acted for both sides in a house sale at an undervalue, set aside by the High Court on the grounds of undue influence, has been fined by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 13th April 2021

Source: www.legalfutures.co.uk

Bodies credited in UK race review distance themselves from findings – The Guardian

Posted April 13th, 2021 in minorities, news, race discrimination, racism, reports by sally

‘At least 20 organisations and individuals who were listed as stakeholders in the government’s race disparity commission have distanced themselves from the report and its findings.’

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The Guardian, 12th April 2021

Source: www.theguardian.com

Part 26A scheme not within scope of Lugano Convention – Mills & Reeve

Posted April 13th, 2021 in brexit, company law, insolvency, news, treaties by sally

‘The insolvency criteria for instigating a Part 26A scheme had the effect that Part 26A schemes fall within the insolvency carve out contained in the Lugano Convention and so are not within its scope.’

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Mills & Reeve, 8th April 2021

Source: www.mills-reeve.com

NHS Covid-19 app update blocked for breaking Apple and Google’s rules – BBC News

Posted April 13th, 2021 in computer programs, coronavirus, internet, news, privacy, telecommunications by sally

‘An update to England and Wales’s contact tracing app has been blocked for breaking the terms of an agreement made with Apple and Google.’

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BBC News, 12th April 2021

Source: www.bbc.co.uk

Ep 140: Harriet Wistrich on Criminal Justice for Women – Law Pod UK

Posted April 13th, 2021 in criminal justice, news, podcasts, women by sally

‘Following International Women’s Day and Women’s History Month, Emma-Louise Fenelon spoke to Harriet Wistrich, founder of the Centre for Women’s Justice about the many ways in which the UK criminal justice system is failing women.’

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Law Pod UK, 12th April 2021

Source: audioboom.com

Rough Sleeping Immigration Rule Must Be Repealed – EIN Blog

Posted April 13th, 2021 in charities, deportation, homelessness, immigration, news by sally

‘The UK government has recently, and quietly, reintroduced a scheme that works with councils and homelessness charities to obtain personal data on migrant rough sleepers that may result in their deportation.’

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EIN Blog, 12th April 2021

Source: www.ein.org.uk

Breastfeeding mother’s appeal over jury service in Winchester – BBC News

Posted April 13th, 2021 in appeals, breastfeeding, juries, news by sally

‘A mother has been told she must attend court for jury service despite wanting to breastfeed her baby.’

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BBC News, 12th April 2021

Source: www.bbc.co.uk

Peers seek to block limit on UK soldiers’ accountability for war crimes – The Guardian

Posted April 13th, 2021 in armed forces, bills, news, prosecutions, torture, war crimes by sally

‘Peers behind a cross-party amendment to halt plans to restrict prosecutions of torture and war crimes by British soldiers serving abroad are hopeful of inflicting a high-profile defeat on the government in the Lords on Tuesday.’

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The Guardian, 13th April 2021

Source: www.theguardian.com

BAILII: Recent Decisions

Posted April 13th, 2021 in law reports by sally

Wales High Court (Administrative Court)

GA & Ors, R (on the application of) v Secretary of State for the Home Department [2021] EWHC 868 (Admin) (12 April 2021)

High Court (Chancery Division)

Persimmon Homes Ltd & Anor v Osborne Clark LLP & Anor [2021] EWHC 831 (Ch) (12 April 2021)

Kanval v Kanval [2021] EWHC 853 (Ch) (12 April 2021)

High Court (Queen’s Bench Division)

Burleigh House (PTC) Ltd v Irwin Mitchell LLP [2021] EWHC 834 (QB) (12 April 2021)

Source: www.bailii.org

Limitation period for a tortious claim: when does it end? – Practical Law: Construction Blog

‘Some breaches of contract do not become apparent until many years have passed. This is especially true where the result is a defect. Recently, our colleague Charlotte Mears blogged on limitation periods under contract. But what happens after the limitation period under a contract has expired? This blog explores the extent to which an answer lies in tort focusing on the tort of negligence.’

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Practical Law: Construction Blog , 7th April 2021

Source: constructionblog.practicallaw.com

New Statutory Instruments – legislation.gov.uk

Posted April 12th, 2021 in legislation by sally

The Finance Act 2009, Sections 101 and 102 (Social Security Contributions, Intermediaries) (Appointed Day) Order 2021

The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2021

The Specified Diseases (Notification and Control) (Amendment, etc.) (England) Order 2021

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 11) Regulations 2021

The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Change of Expiry Date) Regulations 2021

The Marriage and Civil Partnership (Conversion of Civil Partnership and Fees) (Amendment) Regulations 2021

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 12) Regulations 2021

The Health Protection (Coronavirus, International Travel and Information for Passengers) (England) (Amendment) (No. 2) Regulations 2021

The National College for Advanced Transport and Infrastructure (Designated Institution in Further Education and Revocations) Order 2021

The Health Protection (Coronavirus, Restrictions) (Steps and Local Authority Enforcement Powers) (England) (Amendment) Regulations 2021

The Official Controls (Exemptions from Controls at Border Control Posts) (Amendment) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 12th, 2021 in law reports by sally

Court of Appeal (Civil Division)

Adams v Options UK Personal Pensions LLP [2021] EWCA Civ 474 (01 April 2021)

A, B And C (Children), Re [2021] EWCA Civ 451 (01 April 2021)

High Court (Chancery Division)

Isbilen vTurk & Ors [2021] EWHC 854 (Ch) (09 April 2021)

889 Trading Limited v Clydesdale Bank Plc & Ors [2021] EWHC 850 (Ch) (09 April 2021)

Official Receiver v Obaigbena [2021] EWHC 852 (Ch) (08 April 2021)

Bockenfield Aerodrome Ltd & Anor v Scott Clarehugh [2021] EWHC 848 (Ch) (07 April 2021)

Lin v Gudmundsson & Ors [2021 EWHC 820 (Ch) (06 April 2021)

High Court (Commercial Court)

Arani & Ors v Cordic Group Ltd [2021] EWHC 829 (Comm) (07 April 2021)

High Court (Queen’s Bench Division)

Mustard v Flower & Ors [2021] EWHC 846 (QB) (12 April 2021)

Green v Petfre (Gibraltar) Ltd (t/a Betfred) [2021] EWHC 842 (QB) (07 April 2021)

Source: www.bailii.org