New Statutory Instruments – legislation.gov.uk

Posted April 1st, 2021 in legislation by sally

The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2021

The Early Years Foundation Stage (Miscellaneous Amendments) and Childcare Fees (Amendment) Regulations 2021

The Trade and Official Controls (Transitional Arrangements for Prior Notifications) (Amendment) Regulations 2021

The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2021

The Industrial Training Levy (Construction Industry Training Board) Order 2021

The Registration of Marriages (Amendment) Regulations 2021

The Financial Guidance and Claims Act 2018 (Commencement No. 7) (Dissolution of the Consumer Financial Education Body) Regulations 2021

The Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021

The Registration of Marriages Regulations 2021

The Civil Partnership (Registration and Records) (Amendment) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 1st, 2021 in law reports by sally

Supreme Court

Balhousie Holdings Ltd v Revenue and Customs (Scotland) [2021] UKSC 11 (31 March 2021)

Court of Appeal (Civil Division)

F (A Child : Adjournment) [2021] EWCA Civ 469 (31 March 2021)

Wood v Commercial First Business Ltd & Ors [2021] EWCA Civ 471 (31 March 2021)

Mujahid, R (On the Application Of) v First Tier Tribunal (Immigration and Asylum Chamber) [2021] EWCA Civ 449 (31 March 2021)

Court (Administrative Court)

AM v The Chief Constable of West Midlands Police [2021] EWHC 796 (Admin) (31 March 2021)

Wandsworth Borough Council, R (on the application of) v HM Senior Coroner For Inner West London [2021] EWHC 801 (Admin) (31 March 2021)

Bux v The General Medical Council [2021] EWHC 762 (Admin) (31 March 2021)

High Court (Chancery Division)

Kitover v (1) Galmarley Ltd (t/a Bullionvault.Com) & Anor [2021] EWHC 809 (Ch) (01 April 2021)

Gallium Fund Solutions Group Ltd, Re [2021] EWHC 765 (Ch) (31 March 2021)

Koza Ltd & Anor v Koza Altin Isletmeleri AS [2021] EWHC 786 (Ch) (31 March 2021)

Compound Photonics Group Ltd, Re [2021] EWHC 787 (Ch) (31 March 2021)

Fundingsecure Ltd, Re [2021] EWHC 798 (Ch) (31 March 2021)

High Court (Commercial Court)

A v B [2021] EWHC 793 (Comm) (31 March 2021)

Bedford Investments Ltd v Sellman [2021] EWHC 799 (Comm) (31 March 2021)

High Court (Family Division)

W and Re Z (EU Settled Status for Looked After Children) [2021] EWHC 783 (Fam) (31 March 2021)

High Court (Queen’s Bench Division)

Mather v Ministry of Defence [2021] EWHC 811 (QB) (31 March 2021)

Barrow & Ors v Merret & Anor [2021] EWHC 792 (QB) (31 March 2021)

SKX v Manchester City Council [2021] EWHC 782 (QB) (31 March 2021)

Newell v Ministry of Justice [2021] EWHC 810 (QB) (31 March 2021)

High Court (Technology and Construction Court)

Balfour Beatty Regional Construction Ltd v Van Elle Ltd [2021] EWHC 794 (TCC) (31 March 2021)

Mott Macdonald Ltd v Trant Engineering Ltd [2021] EWHC 754 (TCC) (30 March 2021)

Source: www.bailii.org

Deprivation of liberty and writs of habeas corpus – Local Government Lawyer

Posted April 1st, 2021 in autism, Court of Protection, deprivation of liberty safeguards, habeas corpus, jurisdiction, local government, news, school children by sally

‘The Court of Protection has found that if a local authority does not apply for an order under the inherent jurisdiction, a parent can challenge the deprivation of liberty of their child in a specialist school by bringing a writ of habeas corpus. Joshua Swirsky analyses the ruling.’

Full Story

Local Government Lawyer, 1st April 2021

Source: www.localgovernmentlawyer.co.uk

New and repeat lessons from CIL appeal decisions – Local Government Lawyer

Posted April 1st, 2021 in appeals, delay, news, planning, regulations, service by sally

‘The flow of appeals against surcharges and deemed commencement dates under regulations 117 and 118 of the Community Infrastructure Levy Regulations 2010 to the Planning Inspectorate continues unabated. Christopher Cant looks at what can be learned.’

Full Story

Local Government Lawyer, 1st April 2021

Source: www.localgovernmentlawyer.co.uk

London-wide launch of operation to convict those who assault NHS staff – Crown Prosecution Service

Posted April 1st, 2021 in assault, doctors, hate crime, news, nurses, paramedics, pilot schemes, prosecutions by sally

‘Known as Operation Cavell, the initiative will see a senior officer review all reports of assaults and hate crime against NHS staff. Following a three-month pilot, the National Health Service (NHS), Metropolitan Police Service (MPS) and Crown Prosecution Service (CPS) have been working in partnership to launch the scheme today (Wednesday, 31 March) which aims to increase convictions and protect NHS staff on the frontline.’

Full Story

Crown Prosecution Service, 31st March 2021

Source: www.cps.gov.uk

Chambers criticised for giving pupils silent treatment – Law Society’s Gazette

Posted April 1st, 2021 in barristers, news, notification, pupillage, recruitment by sally

‘Chambers that fail to respond to unsuccessful applicants for pupillage – the great majority – have been urged to mend their ways, after a student claimed the practice “damages the integrity of the profession.”’

Full Story

Law Society's Gazette, 31st March 2021

Source: www.lawgazette.co.uk

Airport ordered to pay compensation to home owners over noise – The Independent

Posted April 1st, 2021 in airports, compensation, news, noise by sally

‘A court has ordered that London Southend Airport should pay a total of £86,500 in compensation to owners of nine neighbouring homes who say their values were diminished by noise following a runway extension.’

Full Story

The Independent, 31st March 2021

Source: www.independent.co.uk

Everyone’s Invited: Schools abuse helpline and review launched – BBC News

Posted April 1st, 2021 in child abuse, harassment, news, school children, sexual offences, universities by sally

‘A helpline and immediate review into sexual abuse in schools have been set up by the government in response to thousands of allegations from students.’

Full Story

BBC News, 31st March 2021

Source: www.bbc.co.uk

Crime victims to be told when perpetrators leave prison – BBC News

Posted April 1st, 2021 in crime, cross-examination, news, notification, parole, victims by sally

‘Crime victims are to be told when an offender leaves prison as part of a new code that has come into force in England and Wales.’

Full code

Full Story

BBC News, 1st April 2021

Source: www.bbc.co.uk

Police watchdog accused of skewing report to back protests clampdown – The Guardian

Posted April 1st, 2021 in civil servants, codes of practice, complaints, demonstrations, news, police, reports, whistleblowers by sally

‘The official policing inspectorate showed repeated bias in favour of the police and against peaceful protesters as it compiled a report which backed a government clampdown, a whistleblower has alleged. The complainant says a report on protest released in March this year was skewed in favour of the government view, with conclusions reached before evidence was gathered and assessed.’

Full Story

The Guardian, 31st March 2021

Source: www.theguardian.com

Assisted dying inquiry essential, leading brain surgeon says – BBC News

Posted April 1st, 2021 in assisted suicide, doctors, inquiries, news by sally

‘One of the UK’s leading brain surgeons, who has advanced prostate cancer, has said an inquiry into assisted dying is “absolutely essential”.’

Full Story

BBC News, 1st April 2021

Source: www.bbc.co.uk

Charity Commission investigates Carrie Symonds’ employer – The Independent

Posted April 1st, 2021 in charities, Charity Commission, conflict of interest, financial regulation, inquiries, news by sally

‘The organisation that employs Boris Johnson’s fiancee Carrie Symonds is set to be investigated by the Charity Commission following “serious concerns” over its governance and financial management.’

Full Story

The Independent, 1st April 2021

Source: www.independent.co.uk

Does the Limitation Act 1980 apply to adjudication? – Practical Law: Construction Blog

Posted March 31st, 2021 in construction industry, dispute resolution, limitations, news by sally

‘Your starting point, like mine, to the above question, which I will leave you to mull over the Easter break, is likely “of course!”. But why? This question was first explored by Peter Clyde in his blog in 2012. Since then we have had the benefit of the Supreme Court’s decision in Aspect Contracts (Asbestos) Ltd v Higgins Construction plc, but does this change the analysis?’

Full Story

Practical Law: Construction Blog, 30th March 2021

Source: constructionblog.practicallaw.com

Church of England: publication of detailed responses to IICSA report – Law & Religion UK

Posted March 31st, 2021 in child abuse, Church of England, news, reports, sexual offences by sally

‘The Church of England has today published its detailed responses to the recommendations of the IICSA report of October 2020.’

Full response

Full Story

Law & Religion UK, 29th March 2021

Source: lawandreligionuk.com

New Statutory Instruments – legislation.gov.uk

Posted March 31st, 2021 in legislation by sally

The Official Controls, Plant Health, Seeds and Seed Potatoes (Amendment etc.) Regulations 2021

The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2021

The Bee Diseases and Pests Control (England) (Amendment) Order 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 31st, 2021 in law reports by sally

Court of Appeal (Civil Division)

H-N And Others (Children) (Domestic Abuse: Finding of Fact Hearings) [2021] EWCA Civ 448 (30 March 2021)

Lipton & Anor v BA City Flyer Ltd [2021] EWCA Civ 454 (30 March 2021)

Court of Appeal (Criminal Division)

Lanning & Anor v R. [2021] EWCA Crim 450 (30 March 2021)

High Court (Administrative Court)

Farrell v HM Coroner for North East Hampshire [2021] EWHC 778 (Admin) (30 March 2021)

High Court (Chancery Division)

Taylor v Robinson & Ors [2021] EWHC 664 (Ch) (30 March 2021)

Various Claimants v MGN Ltd [2021] EWHC 771 (Ch) (30 March 2021)

Benkel v East-West German Real Estate Holding & Ors [2021] EWHC 777 (Ch) (30 March 2021)

Gategroup Guarantee Ltd, Re [2021] EWHC 775 (Ch) (30 March 2021)

Score Draw Ltd v PNH International Ltd [2021] EWHC 756 (Ch) (30 March 2021)

Equitable Law Capital, Re [2021] EWHC 763 (Ch) (30 March 2021)

High Court (Queen’s Bench Division)

Football Association Premier League & Anor v Lord Chancellor [2021] EWHC 755 (QB) (30 March 2021)

Ibrahim v London Borough of Haringey & Anor [2021] EWHC 731 (QB) (30 March 2021)

Source: www.bailii.org

Sobriety tags launched in England to tackle alcohol-fuelled crime – Ministry of Justice

Posted March 31st, 2021 in alcohol abuse, crime prevention, electronic monitoring, press releases, Wales by sally

‘Sobriety tags and drinking bans aimed at reducing alcohol-fuelled crimes launch in England today (Wednesday 31 March), following a successful rollout in Wales.’

Full press release

Ministry of Justice, 31st March 2021

Source: www.gov.uk/government/organisations/ministry-of-justice

Leaseholders win battle with City of London over service charges – Local Government Lawyer

Posted March 31st, 2021 in leases, local government, London, news, repairs, service charges by sally

‘Leaseholders have won a Court of Appeal case against the City of London Corporation over whether certain repairs to their homes are chargeable to them.’

Full Story

Local Government Lawyer, 31st March 2021

Source: www.localgovernmentlawyer.co.uk

Housing case law update – March 2021 – Local Government Lawyer

Posted March 31st, 2021 in change of use, coronavirus, costs, homelessness, housing, indemnities, injunctions, local government, news, ombudsmen, planning, rent, repayment, repossession by sally

‘Paul Lloyd, Helen Gascoigne and Catherine Craven analyse the latest court rulings and Ombudsman investigations of interest to housing associations and local authorities.’

Full Story

Local Government Lawyers, 30th March 2021

Source: www.localgovernmentlawyer.co.uk

Appeal court ruling to reopen “thousands” of flight delay claims – Litigation Futures

Posted March 31st, 2021 in airlines, compensation, delay, news by sally

‘The Court of Appeal has opened the way for “thousands” of flight delay claims after ruling that a pilot’s sickness just before a flight took off was not a reason to refuse compensation.’

Full Story

Litigation Futures, 31st March 2021

Source: www.litigationfutures.com