Speech by the President of the Family Division: When families fall apart, do they fall too easily into court? – Courts & Tribunals Judiciary

Posted November 7th, 2022 in arbitration, children, dispute resolution, divorce, families, family courts, judges, speeches by tracey

‘Speech by the President of the Family Division: When families fall apart, do they fall too easily into court?’

Full speech

Courts & Tribunals Judiciary, 31st October 2022

Source: www.judiciary.uk

Rule makers to give ‘early notice’ of fixed costs rules – Law Society’s Gazette

Posted November 7th, 2022 in civil justice, civil procedure rules, costs, news by tracey

‘The final procedural rules for next April’s extension of fixed recoverable costs to civil claims worth up to £100,000 will be made public as soon as possible, Lord Justice Birss said last week.’

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Law Society’s Gazette, 7th November 2022

Source: www.lawgazette.co.uk

New powers for forensic science regulator by end of March – Law Society’s Gazette

‘Forensic science witnesses in criminal justice cases can expect to be subject to the Forensic Science Regulator’s statutory regime by the end of March 2023, incumbent regulator Gary Pugh said today.’

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Law Society’s Gazette, 4th November 2022

Source: www.lawgazette.co.uk

Nick Kyrgios settles legal case with Wimbledon spectator – The Guardian

Posted November 7th, 2022 in defamation, news, sport by tracey

‘Nick Kyrgios has settled a legal case with a spectator he accused of having “about 700 drinks” during this year’s Wimbledon final.’

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The Guardian, 5th November 2022

Source: www.theguardian.com

How Immigration Detention Violates People’s Human Rights – Each Other

‘People held in immigration detention have human rights – just like the rest of us. Under international law and the Human Rights Act 1998 (HRA), people have a right to liberty, a family life, an adequate standard of living and other aspects.’

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Each Other, 4th November 2022

Source: eachother.org.uk

New duties to be imposed on UK employers to prevent sexual harassment – OUT-LAW.com

‘The UK government is supporting a private member’s bill to bring back employers’ liability for harassment of employees by third parties at work, as well as introduce a new duty to prevent workplace sexual harassment.’

Full Story

OUT-LAW.com, 3rd November 2022

Source: www.pinsentmasons.com

Call for planning permission variations reform after Hillside ruling – OUT-LAW.com

Posted November 4th, 2022 in appeals, housing, local government, news, planning, Supreme Court, Wales by tracey

‘Planning law in England should be updated to avoid a situation where the original planning permission granted to a site is invalidated by departures from the original approved plans because subsequent planning permissions granted for development within that site have made compliance with the original scheme physically impossible, an expert has said.’

Full Story

OUT-LAW.com, 3rd November 2022

Source: www.pinsentmasons.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 4th, 2022 in legislation by tracey

SI 2022/1121 – The Animal Health (Poultry Compartments, Approved Disinfectants and Animal Gatherings) (Fees) (England) (Amendment) Order 2022

SI 2022/1120 – The Phytosanitary Conditions (Amendment) (No. 3) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 4th, 2022 in law reports by tracey

Supreme Court

The Soldiers, Sailors, Airmen and Families Association – Forces Help & Anor v Allgemeines Krankenhaus Viersen GmbH [2022] UKSC 29 (02 November 2022)

Hillside Parks Ltd v Snowdonia National Park Authority [2022] UKSC 30 (02 November 2022)

Court of Appeal (Civil Division)

Candy v Commissioners for HM Revenue & Customs [2022] EWCA Civ 1447 (03 November 2022)

O G Thomas Amaethyddiaeth CYF & Anor v Turner & Ors [2022] EWCA Civ 1446 (03 November 2022)

B (A Child), Re [2022] EWCA Civ 1439 (02 November 2022)

Lidl Great Britain Ltd & Anor v Tesco Stores & Anor [2022] EWCA Civ 1433 (02 November 2022}

Secretary of State for the Home Department v Smith [2022] EWCA Civ 1445 (02 November 2022)

Court of Appeal (Criminal Division)

Wilson, R. v [2022] EWCA Crim 1438 (03 November 2022)

Elmi, R. v [2022] EWCA Crim 1428 (02 November 2022)

High Court (Administrative Court)

Baybasin, R (On the Application Of) v Secretary of State for Justice [2022] EWHC 2781 (Admin) (03 November 2022)

Driver & Vehicle Standards Agency v Titan Containers Ltd [2022] EWHC 2780 (Admin) (03 November 2022)

Assurant General Insurance Ltd v Financial Ombudsman Service [2022] EWHC 2766 (Admin) (02 November 2022)

BAL & Ors, R (On the Application Of) v Secretary of State for Defence & Anor [2022] EWHC 2757 (Admin) (02 November 2022)

Lateef v General Medical Council [2022] EWHC 2743 (Admin) (01 November 2022)

High Court (Chancery Division)

Chopra & Ors v Katrin Properties Ltd & Anor [2022] EWHC 2728 (Ch) (03 November 2022)

Heywood v Freakley & Ors [2022] EWHC 2762 (Ch) (02 November 2022)

High Court (Technology and Construction Court)

Associated Newspapers Ltd v Buckingham Group Contracting Ltd (Cost Budgeting) [2022] EWHC 2767 (TCC) (02 November 2022)

J Wanstall & Sons v Fridays Ltd [2022] EWHC 2759 (TCC) (02 November 2022)

University of Manchester v John McAslan & Partners Ltd & Anor [2022] EWHC 2750 (TCC) (02 November 2022)

Tejani v Fitzroy Place Residential Ltd [2022] EWHC 2760 (TCC) (02 November 2022)

Source: www.bailii.org

A challenge of planning judgment – Local Government Lawyer

Posted November 4th, 2022 in environmental protection, local government, news, planning by tracey

‘The High Court decision in dismissing a challenge against the grant of permission for development in an Area of Outstanding Natural Beauty (AONB) has helpfully underlined hurdles to interfering with the merits of controversial decisions, writes Megan Forbes.’

Full Story

Local Government Lawyer, 4th November 2022

Source: www.localgovernmentlawyer.co.uk

Age assessment and social media evidence – Local Government Lawyer

Posted November 4th, 2022 in asylum, children, disclosure, immigration, internet, local government, news, young persons by tracey

‘The Upper Tribunal has provided guidance on social media evidence in age assessment cases. Donnchadh Greene examines its ruling.’

Full Story

Local Government Lawyer, 4th November 2022

Source: www.localgovernmentlawyer.co.uk

Developer loses Supreme Court battle over implementation of successive planning permissions – Local Government Lawyer

Posted November 4th, 2022 in appeals, housing, local government, news, planning, Supreme Court by tracey

‘The Supreme Court has unanimously dismissed an appeal by a developer in a dispute with a national park authority over the implementation of successive planning permissions.’

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Local Government Lawyer, 3rd November 2022

Source: www.localgovernmentlawyer.co.uk

Serial romance fraudster scammed over £324,000 from victims – Crown Prosecution Service

‘A high-value serial romance fraudster has been found guilty today (3 November 2022) of duping victims out of just over £324,000 in an investment scam.’

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Crown Prosecution Service, 3rd November 2033

Source: www.cps.gov.uk

Junior lawyers won’t have to ‘turn in’ bullying workmates – Law Society’s Gazette

‘Junior lawyers will be exempt from a new professional obligation to report on anyone mistreating colleagues in the workplace, following a rethink by the Solicitors Regulation Authority. However, proposed changes to conduct rules that will give the regulator more scope to clamp down on bullying, harassment or discrimination have otherwise got the go-ahead.’

Full Story

Law Society's Gazette, 3rd November 2022

Source: www.lawgazette.co.uk

SFO secures record penalty in Glencore bribery case – Law Society’s Gazette

Posted November 4th, 2022 in bribery, company law, confiscation, costs, fines, news, sentencing, Serious Fraud Office by tracey

‘The UK subsidiary of commodities trader Glencore was today ordered to pay £281 million in a fine, confiscation order and costs in the largest ever such penalty in a corporate criminal conviction. Glencore is the first business to be convicted under the Bribery Act 2010 for the active authorisation of bribery rather than a failure to prevent it.’

Full Story

Law Society's Gazette, 3rd November 2022

Source: www.lawgazette.co.uk

Man who took posters to Sajid Javid’s home not guilty of criminal damage charge – The Independent

Posted November 4th, 2022 in coronavirus, criminal damage, demonstrations, government departments, news by tracey

‘A man has been found not guilty of intent to cause criminal damage after turning up at Sajid Javid’s home with adhesive spray and posters.’

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The Independent, 3rd November 2022

Source: www.independent.co.uk

Coroner urges National Highway to improve smart motorway safety – The Independent

Posted November 4th, 2022 in accidents, coroners, news, road safety, roads by tracey

‘A senior coroner has urged National Highways to take action to improve smart motorway safety. Nicola Mundy wrote to the Government-owned company to express concern that 153 vehicles passed a stranded car before a fatal collision on one of the roads without a hard shoulder.’

Full Story

The Independent, 3rd November 2022

Source: www.independent.co.uk

Sebastian Kalinowski: couple jailed for murdering teenage son – The Guardian

‘A woman and her partner have each been sentenced to 39 years in prison for the “horrific” murder of 15-year-old Sebastian Kalinowski.’

Full Story

The Guardian, 4th November 2022

Source: www.theguardian.com

GPs giving antidepressants to children against guidelines – The Guardian

Posted November 4th, 2022 in children, codes of practice, doctors, medicines, mental health, news by tracey

‘GPs are breaching medical guidelines by prescribing antidepressants for children as young as 11 who cannot get other help for their mental health problems, NHS-funded research reveals.’

Full Story

The Guardian, 4th November 2022

Source: www.theguardian.com

Earth, Wind and Fire: Aberystwyth man admits assaulting Mo Pleasure – BBC News

Posted November 4th, 2022 in assault, imprisonment, news, racism, sentencing by tracey

‘A man has been sentenced to 20 weeks in prison after admitting to the racially aggravated assault of a former member of the band Earth, Wind and Fire.’

Full Story

BBC News, 4th November 2022

Source: www.bbc.co.uk