Kenneth Armstrong: Can the UK Breach the Withdrawal Agreement and Get Away With It? – the United Kingdom Internal Market Bill – UK Constitutional Law Association

‘Can the UK Breach the Withdrawal Agreement and Get Away With It? – the United Kingdom Internal Market Bill.’

Full Story

UK Constitutional Law Association, 9th September 2020

Source: ukconstitutionallaw.org

Recent Statutory Instruments – legislation.gov.uk

Posted September 14th, 2020 in legislation by sally

The Coronavirus (Retention of Fingerprints and DNA Profiles in the Interests of National Security) (No. 2) Regulations 2020

The Industrial Training Levy (Engineering Construction Industry Training Board) Order 2020

The Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020

The Immigration and Nationality (Replacement of Tier 4 and Fees) and Passport (Fees) (Amendment) Regulations 2020

The Education (Information About Individual Pupils) (England) (Amendment) Regulations 2020

The Criminal Procedure and Investigations Act 1996 (Code of Practice) Order 2020

The Football Spectators (Seating) Order 2020

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 13) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 4) Regulations 2020

The Finance Act 2009, Sections 101 and 102 (Disguised Remuneration Repayment Scheme) (Appointed Day and Consequential Amendment) Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 14th, 2020 in law reports by sally

Court of Appeal (Civil Division)

B (A Child) (Abduction: Habitual Residence) [2020] EWCA Civ 1187 (10 September 2020)

High Court (Administrative Court)

J v A South Wales Local Authority [2020] EWHC 2362 (Admin) (14 September 2020)

Jordan, R (On the Application Of) v Chief Constable of Merseyside Police & Anor [2020] EWHC 2408 (Admin) (07 September 2020)

High Court (Chancery Division)

Penta Ultimate Holdings Ltd & Anor v Storrier [2020] EWHC 2400 (Ch) (14 September 2020)

SPS Technologies Ltd v Moitt & Ors [2020] EWHC 2421 (Ch) (11 September 2020)

Sazerac Brands, LLC & Ors v Liverpool Gin Distillery Ltd & Ors [2020] EWHC 2424 (Ch) (10 September 2020)

Lau v Cowley & Anor [2020] EWHC 2429 (Ch) (10 September 2020)

High Court (Commercial Court)

PJSC Tatneft v Bogolyubov & Ors [2020] EWHC 2437 (Comm) (11 September 2020)

BNP Paribas SA v Trattamento Rifiuti Metropolitani SPA [2020] EWHC 2436 (Comm) (11 September 2020)

Kazakhstan Kagazy Plc & Ors v Zhunus & Ors [2020] EWHC 2431 (Comm) (10 September 2020)

High Court (Queen’s Bench Division)

Bioconstruct GMBH v Winspear Ltd & Anor [2020] EWHC 2390 (QB) (11 September 2020)

Comberg v Vivopower International Services Ltd & Anor [2020] EWHC 2438 (QB) (11 September 2020)

Lum v Chan [2020] EWHC 2445 (QB) (11 September 2020)

High Court (Technology and Construction Court)

Essex County Council v UBB Waste (Essex) Ltd (No. 3) [2020] EWHC 2387 (TCC) (11 September 2020)

Source: www.bailii.org

High Court rejects challenge to foreign in-house lawyers’ privilege – Legal Futures

Posted September 14th, 2020 in foreign jurisdictions, law firms, legal profession, legal services, news, privilege by sally

‘Legal advice privilege extends to communications with foreign lawyers working in-house even if they are not recognised or regulated as “professional lawyers”, the High Court has ruled.’

Full Story

Legal Futures, 14th September 2020

Source: www.legalfutures.co.uk

BSB: Exams problems “worse than thought” as it rejects alternative plan – Legal Futures

Posted September 14th, 2020 in barristers, coronavirus, equality, examinations, internet, legal education, news by sally

‘Problems with the Bar exams were far more extensive than previously reported, the Bar Standards Board (BSB) has admitted as it announced traditional “pen and paper” resits next month.’

Full Story

Legal Futures, 14th September 2020

Source: www.legalfutures.co.uk

Nationwide Organised Crime Gang sentenced – Crown Prosecution Service

‘Eighteen members of a gang who ran a county lines drugs operation stretching from north Wales and Merseyside as far as Anglesey, Cornwall and Scotland have been sentenced to a total of nearly 147 years’ imprisonment, with individual sentences ranging from 4 to 21 years at Mold Crown Court.’

Full Story

Crown Prosecution Service , 11th September 2020

Source: www.cps.gov.uk

BSB announces new opportunities to sit Bar Professional Training Course (BPTC) exams – Bar Standards Board

Posted September 14th, 2020 in equality, internet, press releases by sally

‘The Director General of the Bar Standards Board has repeated his apology to students who were affected by the technical difficulties which they faced in sitting their BPTC exams in August. Further to his previous announcement on 18 August, the Bar Standards Board (BSB) has also today announced that course providers will be offering new opportunities to sit the centralised BPTC and Bar Transfer Test (BTT) assessments in Professional Ethics and Civil and Criminal Litigation in the traditional pen and paper format starting from 5 October.’

Full press release

Bar Standards Board, 11th September 2020

Source: www.barstandardsboard.org.uk

Coronavirus: Illegal house party host fined £10k apologises – BBC News

Posted September 14th, 2020 in coronavirus, enforcement, fines, freedom of movement, news, police, proportionality by sally

‘A student who was fined £10,000 for an illegal house party of more than 50 people has apologised.’

Full Story

BBC News, 13th September 2020

Source: www.bbc.co.uk

Drivers who kill others could receive life sentences under new laws – BBC News

‘Drivers who kill others after speeding, racing or using a phone could receive life sentences under new legislation.’

Full Story

BBC News, 14th September 2020

Source: www.bbc.co.uk

New stop and search powers for convicted knife criminals – Home Office

‘Serious Violence Reduction Orders (SVROs) are designed to ensure repeat offenders are more likely to be caught and put in prison.’

Full press release

Home Office, 14th September 2010

Source: www.gov.uk/home-office

Stop and search: Ministers launch consultation on extending powers for known knife offenders – The Independent

‘Ministers have launched a consultation to give police greater powers to stop and search individuals with prior knife convictions.’

Full Story

The Independent, 14th September 2020

Source: www.independent.co.uk

Olivia Burt’s family ‘disappointed’ with CPS decision – BBC News

‘The parents of a student who died when a barrier collapsed outside a nightclub say they are “deeply disappointed” no-one will face criminal prosecution.’

Full Story

BBC News, 14th September 2020

Source: www.bbc.co.uk

Moral rights: why should developers care? – Practical Law: Construction Blog

Posted September 11th, 2020 in artistic works, construction industry, contracts, intellectual property, news by sally

‘Question: What do the Oslo Picasso murals “The Seagull” and the “The Fishermen” and the Dutch De View Jaargetijden have in common? Answer: They both have been subject to recent high cost, high profile litigation that dragged on for years and which concerned moral rights.’

Full Story

Practical Law: Construction Blog, 9th September 2020

Source: constructionblog.practicallaw.com

Homelessness application: Interim relief, suitability and housing benefit – Local Government Lawyer

Posted September 11th, 2020 in benefits, homelessness, housing, judicial review, local government, news by sally

‘Clare Cullen considers a recent High Court decision to adjourn a case considering the suitability of interim accommodation where further information was required.’

Full Story

Local Government Lawyer, 11th September 2020

Source: www.localgovernmentlawyer.co.uk

The NPPF and “out-of-date” – Local Government Lawyer

Posted September 11th, 2020 in appeals, housing, interpretation, local government, news, planning by sally

‘The Court of Appeal has handed down a judgment on the meaning of “out-of-date” in paragraph 11(d) in the National Planning Policy Framework. Matthew Fraser sets out the key points.’

Full Story

Local Government Lawyer, 11th September 2020

Source: www.localgovernmentlawyer.co.uk

Greater protections for victims of online abuse proposed by Law Commission – Law Commission

‘The Law Commission has today published proposals to better protect victims from harmful online behaviour including abusive messages or emails, cyberflashing, and pile-on harassment. Reforms to tackle the malicious sharing of information known to be false have also been proposed.’

Full press release

Law Commission, 11th September 2020

Source: www.lawcom.gov.uk

Law Society takes legal action against the Legal Aid Agency – Family Law

Posted September 11th, 2020 in consultations, costs, judicial review, Law Society, legal aid, news by sally

‘The Law Society has lodged a judicial review against the Legal Aid Agency (LAA) after claiming that they failed to consult properly around a decision to move legal aid cost assessments in-house.’

Full Story

Family Law, 8th September 2020

Source: www.familylaw.co.uk

BSB publishes report on the impact of Covid-19 on pupillage – Bar Standards Board

Posted September 11th, 2020 in barristers, coronavirus, news, pupillage by sally

‘The Bar Standards Board (BSB) has today published a report on the impact that Covid-19 is having on pupillages. The report finds that, while chambers and other organisations have shown a commendable commitment to sustaining pupillages in difficult circumstances, there is likely to be some pressure on the supply of pupillages available from 2020 to 2022.’

Full Story

Bar Standards Board, 8th September 2020

Source: www.barstandardsboard.org.uk

Scale of failure in prison system staggering, say MPs – The Guardian

Posted September 11th, 2020 in budgets, Ministry of Justice, news, prisons, standards, statistics by sally

‘The scale of failure in the prison system in England and Wales is “staggering”, with only 206 out of 10,000 promised new prison spaces delivered by the government, parliament’s spending watchdog has said.’

Full Story

The Guardian, 11th September 2020

Source: www.theguardian.com

Harry Dunn: Family to meet with top prosecutor amid talks over trial in absentia – The Independent

‘The family of Harry Dunn has been invited to a meeting with the Director of Public Prosecutions (DPP) amid government discussions about the possibility of a trial in the absence of the teenager’s alleged killer.’

Full Story

The Independent, 8th September 2020

Source: www.independent.co.uk