Recent Statutory Instruments – legislation.gov.uk

Posted February 17th, 2021 in legislation by sally

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 7) Regulations 2021

The Social Security (Contributions) (Rates, Limits and Thresholds Amendments and National Insurance Funds Payments) Regulations 2021

The Tax Credits, Child Benefit and Guardian’s Allowance Up-rating Regulations 2021

The Universal Credit (Work-Related Requirements) In Work Pilot Scheme (Extension) Order 2021

The Heather and Grass etc. Burning (England) Regulations 2021

The Family Procedure (Amendment) Rules 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 17th, 2021 in law reports by sally

Supreme Court

TW Logistics Ltd v Essex County Council & Anor [2021] UKSC 4 (12 February 2021)

Okpabi & Ors v Royal Dutch Shell Plc & Anor [2021] UKSC 3 (12 February 2021)

Court of Appeal (Civil Division)

Kalsi & Ors, R (On the Application Of) v The Secretary of State for the Home Department (Rev 1) [2021] EWCA Civ 184 (16 February 2021)

O (A Child : Judgment: Adequacy Of Reasons) [2021] EWCA Civ 149 (16 February 2021)

R (Children: Control of Court Documents) [2021] EWCA Civ 162 (12 February 2021)

Procter & Anor v Procter & Ors [2021] EWCA Civ 167 (12 February 2021)

High Court (Administrative Court)

Gisagara, R (On the Application Of) v The Upper Tribunal (Administrative Appeals Chamber) [2021] EWHC 300 (Admin) (16 February 2021)

Thame Town Council v Secretary of State for Housing, Communities And Local Government & Ors [2021] EWHC 291 (Admin) (16 February 2021)

AK, (A Child), R. (on the application of) v The London Borough of Islington & Anor [2021] EWHC 301 (Admin) (16 February 2021)

Lancashire County Council, R (On the Application Of) v JM & Anor [2021] EWHC 268 (Admin) (15 February 2021)

QSA & Ors, R (On the Application Of) v National Police Chiefs’ Council & Anor [2021] EWHC 272 (Admin) (12 February 2021)

Crest Nicholson Operations Ltd & Ors v West Berkshire District Council & Ors [2021] EWHC 289 (Admin) (12 February 2021)

High Court (Chancery Division)

Murphy & Anor v Munir & Ors (Re Muhammed Munir) [2021] EWHC 278 (Ch) (15 February 2021)

The Official Receiver v Atkinson & Ors [2021] EWHC 175 (Ch) (12 February 2021)

Cameron v Cameron [2021] EWHC 229 (Ch) (12 February 2021)

High Court (Commercial Court)

Republic of Sierra Leone v SL Mining Ltd [2021] EWHC 286 (Comm) (15 February 2021)

Black Sea Commodities Ltd v Lemarc Agromond Pte Ltd [2021] EWHC 287 (Comm) (15 February 2021)

Gordian Holdings Ltd v Sofroniou & Anor [2021] EWHC 235 (Comm) (12 February 2021)

High Court (Family Division)

J, K, and L (Children) (Transnational Abandonment) [2021] EWHC 280 (Fam) (12 February 2021)

High Court (Queen’s Bench Division)

Hanchard-Kerr, On the Review of the Tariff in the case of [2021] EWHC 265 (QB) (16 February 2021)

Mueen-Uddin v Secretary of State for the Home Department [2021] EWHC 269 (QB) (16 February 2021)

Moludi, On the Review of the Tariff in the case of [2021] EWHC 264 (QB) (16 February 2021)

HXA & Anor v Surrey County Council [2021] EWHC 250 (QB) (15 February 2021)

Louis v The Home Office [2021] EWHC 288 (QB) (12 February 2021)

Parris v Ajayi & Ors [2021] EWHC 285 (QB) (12 February 2021)

High Court (Technology and Construction Court)

Martlet Homes Ltd v Mulalley & Co. Ltd [2021] EWHC 296 (TCC) (16 February 2021)

Source: www.bailii.org

Sacked LGBT veterans can reclaim removed medals – BBC News

Posted February 16th, 2021 in armed forces, dismissal, homosexuality, news by sally

‘Ex-military personnel dismissed from the armed forces because of their sexuality can now reclaim lost medals.’

Full Story

BBC News, 16th February 2021

Source: www.bbc.co.uk

Time to consider regulating lawtech firms, report says – Legal Futures

‘The time has come for the Ministry of Justice (MoJ) to consider whether lawtech companies, along with other unregulated legal services providers, should be regulated, the Association of Consumer Support Organisations (ACSO) has said.’

Full Story

Legal Futures, 16th February 2021

Source: www.legalfutures.co.uk

UK’s first football hate crime officer turns focus on social media – The Guardian

Posted February 16th, 2021 in hate crime, internet, news, police, prosecutions, racism by sally

‘Since starting his role as the UK’s first football hate crime officer earlier this month, PC Stuart Ward has been busier than expected, considering football fans are banned from stadiums as part of the coronavirus lockdown.’

Full Story

The Guardian, 15th February 2021

Source: www.theguardian.com

Local Authority and Children’s Guardian fail in appeal against judge’s refusal to support a plan of adoption for children aged 2 and 3: T and R (Refusal of Placement Order) [2021] EWCA Civ 71 – Transparency Project

‘T & R involved an appeal against a decision to refuse to approve a plan of adoption in respect of two children, T (a 3 year old boy) and R (a 2 year old girl) and accordingly, refuse to make placement orders.’

Full Story

Transparency Project, 15th February 2021

Source: www.transparencyproject.org.uk

Proposed free speech law will make English universities liable for breaches – The Guardian

Posted February 16th, 2021 in freedom of expression, news, statutory duty, universities by sally

‘The government is to introduce legislation that will enable academics, students or visiting speakers who are no-platformed to sue universities for compensation where they feel they have suffered because of free speech infringements.’

Full Story

The Guardian, 16th February 2021

Source: www.theguardian.com

Covid: Equalities watchdog urged to investigate UK’s pandemic response – BBC News

Posted February 16th, 2021 in coronavirus, equality, ministers' powers and duties, news, women by sally

‘Unions, women’s groups and charities have asked the UK’s equalities watchdog to investigate whether the government broke the law in its pandemic response.’

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BBC News, 15th February 2021

Source: www.bbc.co.uk

Supreme Court Shell ruling “big step forward” for access to justice – Litigation Futures

Posted February 16th, 2021 in choice of forum, class actions, news, oil wells, pollution, Supreme Court by sally

‘Campaigners have welcomed Friday’s Supreme Court ruling on claims brought by the victims of oil pollution in the Niger Delta as a major step forward for those seeking access to justice for corporate abuses.’

Full Story

Litigation Futures, 15th February 2021

Source: www.litigationfutures.com

Pensioner cleared of murdering wife during first lockdown in Wales – The Guardian

Posted February 16th, 2021 in coronavirus, domestic violence, guilty pleas, mental health, murder, news, Wales by sally

‘A man who killed his wife five days into the first lockdown last year in Wales has been cleared of her murder.’

Full Story

The Guardian, 15th February 2021

Source: www.theguardian.com

Supreme Court’s village green ruling leaves uncertainties – Law Society’s Gazette

Posted February 16th, 2021 in commons, land registration, news, Supreme Court by sally

‘A Supreme Court ruling on the status of privately owned land classified as a town or village green (TVG) does not clear up a fundamental general principle, a planning expert has said. The ruling in T W Logistics Ltd v Essex County Council and Ian Tucker, rejected a landowner’s appeal against the registration of a piece of land.’

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Law Society's Gazette, 15th February 2021

Source: www.lawgazette.co.uk

Police officer given misconduct notice over Mohamud Hassan’s death – The Guardian

Posted February 16th, 2021 in complaints, death in custody, disciplinary procedures, news, police by sally

‘A police officer has been served with a misconduct notice as part of an investigation into the sudden death of a 24-year-old shortly after he was released from custody.’

Full Story

The Guardian, 15th February 2021

Source: www.theguardian.com

Radical change needed in handling of rape cases, says England and Wales police lead – The Guardian

‘Crack teams of specialist police officers are needed to bring rapists to justice and prevent a wholesale collapse of public confidence in the criminal justice system, according to the police lead for rape in England and Wales.’

Full Story

The Guardian, 14th February 2021

Source: www.theguardian.com

New Judgment: Okpabi & Ors v Royal Dutch Shell Plc & Anor [2021] UKSC 3 – UKSC Blog

‘Royal Dutch Shell Plc (‘RDS’) is the parent company of the Shell group of companies, incorporated in the UK. The Shell Petroleum Company of Nigeria Limited (‘SPDC’, the other Respondent) is an exploration and production company incorporated in Nigeria and is a subsidiary of RDS.’

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UKSC Blog, 12th February 2021

Source: ukscblog.com

Law firm ordered to pay £1m for registration error – Legal Futures

‘The High Court has ordered a defunct Manchester law firm which failed to register a restriction against a house at the Land Registry to pay over £985,000 in damages for professional negligence.’

Full Story

Legal Futures, 15th February 2021

Source: www.legalfutures.co.uk

Substantial debts are not substantial arrears – Nearly Legal

Posted February 15th, 2021 in coronavirus, debts, housing, human rights, landlord & tenant, news, rent, repossession by sally

‘The decision of Master Dagnall in The Master, Wardens and Assistants of the Guild Fraternity of the Brotherhood of the Most Glorious and Undivided Trinity and St Clement in the Parish of Deptford Strond, commonly called the Corporation of the Trinity House of Deptford Strond v (1) Prescott (2) Byrne (2021) EWHC 283 (Ch), was, until Saturday night, at risk of being a footnote in housing law history, but, with the extension of the ban on (most) evictions in England being extended until the end of March (here, and see below), it’s now a bit more important.’

Full Story

Nearly Legal, 14th February 2021

Source: nearlylegal.co.uk

DWP uses excessive surveillance on suspected fraudsters, report finds – The Guardian

‘Suspected benefit fraudsters in the UK are being subjected to excessive surveillance techniques such as being tailed by government officers or identified in CCTV footage, according to a report.’

Full Story

The Guardian, 14th February 2021

Source: www.theguardian.com

Judge hits out at lack of regulated placement for vulnerable, suicidal 16 year old, despite 11 High Court hearings and sending series of judgments to ministers – Local Government Lawyer

‘An exasperated High Court judge has sent a fourth judgment to ministers over the continuing unavailability of a regulated placement for a vulnerable 16 year old with multifaceted difficulties and at a high risk of serious self-harm or suicide.’

Full Story

Local Government Lawyer, 12th February 2021

Source: www.localgovernmentlawyer.co.uk

Markle judgment warns against ‘Micawber’ tactics – Law Society’s Gazette

‘The High Court has sounded a new warning about “Micawber tactics” in a summary judgment in the high-profile action brought by the Duchess of Sussex (Meghan Markle) against the Mail newspaper. Lord Justice Warby, sitting as a judge in the Chancery Division, found that the duchess had a reasonable expectation of privacy when she wrote a personal letter to her father, even though she feared it might be leaked to the press.’

Full Story

Law Society's Gazette, 12th February 2021

Source: www.lawgazette.co.uk

Supreme Court upholds registration of land in working port as town and village green – Local Government Lawyer

‘An area of concrete in a working commercial port was validly registered by a county council as a town and village green, the Supreme Court has ruled.’

Full Story

Local Government Lawyer, 12th February 2021

Source: www.localgovernmentlawyer.co.uk