New Acts – legislation.gov.uk

Posted March 17th, 2021 in budgets, legislation, local government, telecommunications by sally

Supply and Appropriation (Anticipation and Adjustments) Act 2021

Telecommunications Infrastructure (Leasehold Property) Act 2021

Non-Domestic Rating (Lists) Act 2021

Contingencies Fund Act 2021

Source: www.legislation.gov.uk

CoP says vulnerable man should have Covid vaccine despite father’s objection – Law Society’s Gazette

‘The Court of Protection has rejected pleas from a father that his clinically vulnerable son not be given the Covid-19 vaccine, in one of the first reported cases of its type.’

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Law Society's Gazette, 15th March 2021

Source: www.lawgazette.co.uk

Police watchdog expands inquiry into death of Mohamud Hassan – The Guardian

‘The police watchdog has begun an investigation into another four police officers as part of its inquiry into the sudden death of a man shortly after being released from custody.’

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The Guardian, 16th March 2021

Source: www.theguardian.com

New Statutory Instruments – legislation.gov.uk

Posted March 17th, 2021 in legislation by sally

The Social Security Benefits Up-rating Regulations 2021

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

The Social Security Contributions (Intermediaries) (Miscellaneous Amendments) Regulations 2021

The Higher Education (Registration Fees) (England) (Amendment) Regulations 2021

The Personal Injuries (Civilians) Scheme (Amendment) Order 2021

The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2021

The Agricultural Holdings (Transitional Provision) (England) Regulations 2021

The Authority to Carry Scheme and Civil Penalties Regulations 2021

The Tribunal Procedure (Amendment) Rules 2021

The Income Tax (Construction Industry Scheme) (Amendment) Regulations 2021

The Universal Credit (Extension of Coronavirus Measures) Regulations 2021

The Social Security Benefits Up-rating Order 2021

The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 17th, 2021 in law reports by sally

Court of Appeal (Civil Division)

L, M and P v Devon County Council [2021] EWCA Civ 358 (16 March 2021)

Anderson & Ors v Basildon District Council [2021] EWCA Civ 363 (16 March 2021)

Cuciurean v The Secretary of State for Transport & Anor [2021] EWCA Civ 357 (16 March 2021)

Turani & Anor v Secretary of State for the Home Department [2021] EWCA Civ 348 (15 March 2021)

End Violence Against Women Coalition, R (On the Application Of) v Director of Public Prosecutions [2021] EWCA Civ 350 (15 March 2021)

Royal Bank of Scotland Plc v AB [2021] EWCA Civ 345 (15 March 2021)

Barry Congregation of Jehovah’s Witnesses v BXB [2021] EWCA Civ 356 (15 March 2021)

Court of Appeal (Criminal Division)

AH Ltd & Anor, R. v [2021] EWCA Crim 359 (16 March 2021)

High Court (Administrative Court)

Stubbs, R (On the Application Of) v The Parole Board [2021] EWHC 605 (Admin) (16 March 2021)

Wilby-Newton, R (On the Application Of) v Police Appeals Tribunal [2021] EWHC 550 (Admin) (16 March 2021)

Fletcher v Government of India [2021] EWHC 610 (Admin) (16 March 2021)

High Court (Chancery Division)

Prasad v Hanif [2021] EWHC 598 (Ch) (16 March 2021)

Mundil-Williams v Williams & Ors [2021] EWHC 586 (Ch) (16 March 2021)

Gardiner v Tabet & Anor [2021] EWHC 563 (Ch) (15 March 2021)

High Court (Queen’s Bench Division)

Campbell v MGN Ltd [2021] EWHC 601 (QB) (16 March 2021)

Srinivasan v Tata Technologies (Europe) Ltd & Anor [2021] EWHC 602 (QB) (15 March 2021)

High Court (Technology and Construction Court)

Multiplex Construction Europe Ltd v Bathgate Realisations Civil Engineering Ltd & Ors [2021] EWHC 590 (TCC) (16 March 2021)

Source: www.bailii.org

Bill that curtails ability to protest in England and Wales passes second reading – The Guardian

Posted March 17th, 2021 in bills, criminal justice, demonstrations, news, parliament, police by sally

‘A landmark government crime bill has passed its first parliamentary hurdle, even as some Conservative MPs served notice that they might subsequently support amendments to water down controversial restrictions against protests.’

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The Guardian, 16th March 2021

Source: www.theguardian.com

Crime: Thieves, robbers and burglars to be fitted with GPS tags – BBC News

‘Prolific burglars, robbers and thieves are to be tagged with GPS trackers in a bid to stop them reoffending.’

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BBC News, 17th March 2021

Source: www.bbc.co.uk

Child abuse inquiry finds no FA conspiracy or paedophile ring – Daily Telegraph

Posted March 16th, 2021 in child abuse, conspiracy, inquiries, news, reports, sexual offences, sport by sally

‘The report into whether English football’s child sexual abuse scandal was covered up has found no evidence of an institutional conspiracy or paedophile ring in the game, Telegraph Sport can reveal. As disclosed by Telegraph Sport, the Football Association is planning to release the findings of the independent review into the game’s worst scandal on Wednesday, more than four years after it was launched.’

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Daily Telegraph, 15th March 2021

Source: www.telegraph.co.uk

FCA launches proceedings against NatWest over alleged money laundering – The Guardian

Posted March 16th, 2021 in banking, financial regulation, money laundering, news, prosecutions by sally

‘The City watchdog has begun criminal proceedings against the taxpayer-owned lender NatWest for allegedly failing to prevent money laundering, the first prosecution brought under money laundering regulations introduced in 2007.’

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The Guardian, 16th March 2021

Source: www.theguardian.com

Sarah Everard: Met Police officer involved in search operation referred to IOPC for sharing ‘inappropriate graphic’ – The Independent

Posted March 16th, 2021 in internet, London, murder, news, police, professional conduct by sally

‘A Metropolitan Police officer involved in the investigation into Sarah Everard’s disappearance has been referred to the Independent Office for Police Conduct (IOPC) for sharing an “inappropriate graphic” with colleagues.’

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The Independent, 15th March 2021

Source: www.independent.co.uk

Brexit: EU launches legal action against UK over ‘serious’ Northern Ireland protocol breach – The Independent

Posted March 16th, 2021 in brexit, international trade, news, Northern Ireland, treaties by sally

‘Brussels has launched legal action against the UK government after Boris Johnson announced he would renege on parts of the deal he signed last year.’

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The Independent, 15th March 2021

Source: www.independent.co.uk

Julie Burchill agrees to pay Ash Sarkar ‘substantial damages’ in libel case – The Guardian

Posted March 16th, 2021 in compensation, defamation, Islam, media, news, racism by sally

‘The columnist Julie Burchill has apologised to the activist and journalist Ash Sarkar, and agreed to pay her “substantial damages”, after a series of social media posts in which she accused Sarkar of being an Islamist, a hypocrite and worshipping a paedophile.’

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The Guardian, 16th March 2021

Source: www.theguardian.com

Gosport hospital deaths: Inquiry reviews 15,000 death certificates – BBC News

Posted March 16th, 2021 in hospitals, inquests, inquiries, news by sally

‘More than 15,000 death certificates are being examined by police investigating the deaths of patients at a hospital. An inquiry found 456 patients died after being given opiates at Gosport War Memorial Hospital between 1987 and 2001, but no charges have been brought. An independent investigation, led by Kent and Essex Serious Crime Directorate, is reviewing millions of pages of evidence.’

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BBC News, 16th March 2021

Source: www.bbc.co.uk

New safety measures after Sarah Everard death – BBC News

‘”Immediate steps” aimed at improving safety for women and girls in England have been announced by Downing Street after Sarah Everard’s death. Among them is an additional £25m for better lighting and CCTV as well as a pilot scheme which would see plain-clothes officers in pubs and clubs.’

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BBC News, 16th March 2021

Source: www.bbc.co.uk

New Statutory Instruments – legislation.gov.uk

Posted March 15th, 2021 in legislation by sally

The Taking Control of Goods (Amendment) (Coronavirus) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 15th, 2021 in law reports by sally

Court of Appeal (Civil Division)

Ras Al Khaimah Investment Authority v Azima [2021] EWCA Civ 349 (12 March 2021)

High Court (Administrative Court)

Professional Standards Authority for Health and Social Care v General Medical Council & Anor [2021] EWHC 588 (Admin) (12 March 2021)

AIG, R (On the Application Of) v HM Courts & Tribunal Service & Anor [2021] EWHC 584 (Admin) (12 March 2021)

High Court (Chancery Division)

Howes v Howes [2021] EWHC 591 (Ch) (12 March 2021)

Rowland v Blades [2021] EWHC 426 (Ch) (12 March 2021)

JSC Commercial Bank Privatbank v Kolomoisky [2021] EWHC 580 (Ch) (12 March 2021)

High Court (Family Division)

Z (A Child), Re (2nd Judgment) (Rev 1) [2021] EWHC 559 (Fam) (11 March 2021)

High Court (Patents Court)

Neurim Pharmaceuticals (1991) Ltd & Anor v Generics UK Ltd (t/a Mylan) & Anor [2021] EWHC 530 (Pat) (12 March 2021)

High Court (Queen’s Bench Division)

Bodycote Heat Treatments Ltd v Vacuum and Atmosphere Services Ltd [2021] EWHC 579 (QB) (12 March 2021)

High Court (Technology and Construction Court)

Naylor & Ors v Roamquest Ltd & Anor [2021] EWHC 567 (TCC) (10 March 2021)

Anchor Hanover Group & Ors v Arcadis Consulting (UK) Ltd & Ors [2021] EWHC 543 (TCC) (09 March 2021)

Source: www.bailii.org

High Court: restructuring plans are ‘insolvency proceedings’ – OUT-LAW.com

Posted March 15th, 2021 in banking, brexit, company law, EC law, insolvency, jurisdiction, news by sally

‘A recent High Court decision on the legal status of a UK statutory restructuring plan may impact on the way in which these proceedings are viewed by European courts post-Brexit.’

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OUT-LAW.com, 12th March 2021

Source: www.pinsentmasons.com

A final account problem – JSM Construction v Western Power – Practical Law: Construction Blog

‘The final account is normally a wrap-up of the contractor’s valid claims for extra payment. It’s particularly helpful if claims were not submitted or assessed as works progressed. So, what happens if the contract doesn’t have a final account procedure but there are claims outstanding once the works are finished? Can a final account procedure be implied under section 110(3) of the Construction Act 1996?’

Full Story

Practical Law: Construction Blog, 8th March 2021

Source: constructionblog.practicallaw.com

Mikołaj Barczentewicz: An empirical study of the gender of counsel before the UK’s highest court – UK Constitutional Law Association

‘During the live television coverage of the Supreme Court hearings in Miller (No 1), some commentators (and no doubt many members of the public) noted that almost all lawyers in the courtroom were male. That image of the UK’s “Supreme Court bar” (to borrow a US term), though not entirely accurate, highlighted an ongoing problem with gender representation. In a new study (available here), I analysed the trends of gender and seniority in counsel appearances before the House of Lords and the Supreme Court from 1970 to 2020 based on a unique dataset I created covering 5,041 lawyers and 2,714 judgments. I found that there are some very optimistic signs regarding appearances of the most junior counsel. However, gender balance among the more senior counsel is not as good and has not been clearly improving over the most recent years, which matters because counsel with more experience before the highest court dominate litigation in that court. The unprecedented representation of women among the most junior counsel in the Supreme Court gives nevertheless a reason to believe that the situation will improve also among the more senior counsel.’

Full Story

UK Constitutional Law Association , 15th March 2021

Source: ukconstitutionallaw.org

Judicial review, standing and interest in the outcome – Local Government Lawyer

Posted March 15th, 2021 in children, fraud, local government, locus standi, news, practice directions by sally

‘A recent ruling has confirmed that applicants for judicial review must have a sufficient interest in the relief sought to have standing to bring the claim, write Sarah Salmon and Joshua Swirsky.’

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Local Government Lawyer, 12th March 2021

Source: www.localgovernmentlawyer.co.uk