Recent Statutory Instruments – legislation.gov.uk

Posted November 10th, 2023 in legislation by tracey

SI 2023/1196 – The Feed Additives (Authorisations) (England) Regulations 2023

SI 2023/1195 – The Financial Services and Markets Act 2023 (Resolution of Central Counterparties: Calculation of Maximum Amounts for Cash Calls and Use of Specified Funds) Regulations 2023

SI 2023/1192 – The Customs (Tariff and Miscellaneous Amendments) (No. 2) Regulations 2023

SI 2023/1190 – The Financial Services and Markets Act 2023 (Resolution of Central Counterparties: Deferment of Provisions in Resolution Instruments) Regulations 2023

SI 2023/1185 – The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023

SI 2023/1184 – The Education (Student Loans) (Repayment) (Amendment) (No. 3) Regulations 2023

SI 2023/1193 – The Trade Union Act 2016 (Commencement No. 6) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 10th, 2023 in law reports by tracey

Court of Appeal (Civil Division)

Evans v Barclays Bank Plc & Ors (Rev1) [2023] EWCA Civ 876 (09 November 2023)

Lufthansa Technik AG v Astronics Advanced Electronic Systems & Ors [2023] EWCA Civ 1306 (09 November 2023)

Secretary of State for Work and Pensions v AT [2023] EWCA Civ 1307 (08 November 2023)

High Court (Administrative Court)

Onwude v General Medical Council [2023] EWHC 2807 (Admin) (09 November 2023)

High Court (Chancery Division)

Ashraf v Attarian & Anor [2023] EWHC 2800 (Ch) (09 November 2023)

Ieropoullos v Wilson [2023] EWHC 2814 (Ch) (09 November 2023)

High Court (Commercial Court)

Chowgule & Company Private Ltd & Anor v Shirke & Ors [2023] EWHC 2815 (Comm) (09 November 2023)

Episo 4 Pilgrim Holding SARL & Anor v Davies [2023] EWHC 2797 (Comm) (09 November 2023)

High Court (Family Division)

C, Re (Change of Forename: Child in Care) [2023] EWHC 2813 (Fam) (09 November 2023)

High Court (King’s Bench Division)

Ward v Oxford University Hospitals NHS Foundation Trust [2023] EWHC 2803 (KB) (09 November 2023)

Mann v Towarzystwo Ubezpieczen Inter Polska SA & Ors [2023] EWHC 2794 (KB) (09 November 2023)

Source: www.bailii.org

Court of Appeal backs taxpayer in share exchange anti-avoidance case – OUT-LAW.com

Posted November 10th, 2023 in appeals, HM Revenue & Customs, news, tax avoidance, taxation by tracey

‘The Court of Appeal in England has backed a taxpayer over its restructuring of a corporate transaction to facilitate tax savings on a share exchange scheme, confirming the earlier decisions of the tax tribunals.’

Full Story

OUT-LAW.com, 10th November 2023

Source: www.pinsentmasons.com

Court of Appeal to conclude hearing on compulsory ADR – Legal Futures

Posted November 10th, 2023 in appeals, damages, dispute resolution, housing, local government, news, nuisance by tracey

‘The Court of Appeal will today conclude a three-day hearing on whether the courts can stay proceedings and require parties to engage in ADR as a condition of being able to continue their claims.’

Full Story

Legal Futures, 10th November 2023

Source: www.legalfutures.co.uk

Possession of nitrous oxide is now illegal – Home Office

Posted November 10th, 2023 in criminal justice, drug abuse, drug offences, news by tracey

‘Possession of “laughing gas” is now illegal with repeat serious users facing up to 2 years in prison and dealers up to 14 years.’

Full Story

Home Office, 8th November 2023

Source: www.gov.uk

Five men sentenced for bribery and corruption that resulted in a loss of over £400,000 – Crown Prosecution Service

‘Five men have been sentenced today (9 November 2023) over waste disposal contracts that resulted in losses of around £417,000 to Cardiff City Council.’

Full Story

Crown Prosecution Service, 9th November 2023

Source: www.cps.gov.uk

Legal Practice Management Association (LPMA) Conference, 9 November 2023 – Bar Standards Board

Posted November 10th, 2023 in barristers, consultations, news by tracey

‘Speech by Mark Neale, Director General Bar Standards Board.’

Full speech

Full Story

Bar Standards Board, 9th November 2023

Source: www.barstandardsboard.org.uk

Remand decision-making: Justice report reveals disparities in outcome for non-white defendants – Law Society’s Gazette

Posted November 10th, 2023 in bail, codes of practice, imprisonment, magistrates, news, prisons, remand, statistics by tracey

‘Magistrates are regularly not following the law when jailing people awaiting trial, according to a report being published by legal thinktank Justice today.’

Full Story

Law Society's Gazette, 9th November 2023

Source: www.lawgazette.co.uk

SRA appeals ‘astonishing’ £5,000 tribunal costs order – Law Society’s Gazette

‘A Solicitors Disciplinary Tribunal costs order of £5,000 was appealed today in the first such challenge by the Solicitors Regulation Authority. Describing the order as ‘astonishing’, the SRA said the correct figure should have been £18,500.’

Full Story

Law Society's Gazette, 9th November 2023

Source: www.lawgazette.co.uk

Drug gang jailed over £1.5m Skegness cocaine supply racket – BBC News

Posted November 10th, 2023 in conspiracy, drug offences, drug trafficking, gangs, imprisonment, news, sentencing by tracey

‘Members of a drug gang which “infested” a seaside resort with up to £1.5m worth of cocaine have been jailed.
Eleven men and one woman were involved in moving up to 15kg (33lbs) of the class A drug into Skegness from Leicestershire.’

Full Story

BBC News, 9th November 2023

Source: www.bbc.co.uk

Critically-ill baby’s parents take end-of-life care fight to appeal court – The Independent

Posted November 10th, 2023 in appeals, children, citizenship, doctors, families, family courts, Italy, medical treatment, news by tracey

‘The parents of a critically ill baby who has been at the centre of a life-support fight are preparing to mount an appeal after failing to persuade a High Court judge to let the little girl receive end-of-life care at home.’

Full Story

The Independent, 10th November 2023

Source: www.independent.co.uk

Woman found guilty of murdering toddler she was adopting decade ago – The Independent

‘A woman has been found guilty of murdering a one-year-old child she was in the process of adopting.’

Full Story

The Independent, 9th November 2023

Source: www.independent.co.uk

Man who posed as model agent to sexually exploit teenage girls jailed – The Guardian

Posted November 10th, 2023 in child abuse, children, imprisonment, news, sentencing, sexual offences by tracey

‘A man who posed as a modelling agent in order to target and sexually exploit three teenage girls has been jailed for 13-and-a-half years.’

Full Story

The Guardian, 9th November 2023

Source: www.theguardian.com

UK supreme court to rule on legality of plan to send asylum seekers to Rwanda – The Guardian

‘Rishi Sunak’s government will discover next Wednesday whether its flagship immigration policy of sending asylum seekers to Rwanda is lawful.’

Full Story

The Guardian, 9th November 2023

Source: www.theguardian.com

AstraZeneca faces legal challenge over Covid vaccine – BBC News

Posted November 10th, 2023 in consumer protection, coronavirus, damages, news, personal injuries, vaccination by tracey

‘AstraZeneca is facing legal action over its Covid vaccine, by a man who suffered severe brain injury after having the jab in April 2021.’

Full Story

BBC News, 9th November 2023

Source: www.bbc.co.uk

King v Dubrey: Keeping donatio mortis causa ‘within its proper bounds’ – Pallant Chambers

Posted November 9th, 2023 in appeals, chambers articles, news, wills by sally

‘The doctrine of donatio mortis causa has been placed within new parameters by the Court of Appeal in King v Dubrey. The doctrine is one of a handful that allow a testator to sidestep their will and the statutory safeguards of the Wills Act 1837 and the Law of Property 1925. As such, it comes with it the risk of attracting “unscrupulous treasure hunters” making fraudulent claims. The Court of Appeal, alert to this risk, sought to revert the doctrine’s expansion over the 19th and 20th centuries and place it within its “proper bounds”. This article seeks to analyse these proper bounds and to aid practitioners navigate the doctrine post-King.’

Full Story

Pallant Chambers, 13th October 2023

Source: www.pallantchambers.co.uk

Employment Tribunals are not a costs-free zone – Littleton Chambers

Posted November 9th, 2023 in chambers articles, costs, employment, employment tribunals, judgments, news by sally

‘A frequent refrain of solicitors who represent respondents in Employment Tribunal proceedings is that it is virtually impossible to obtain a costs order against a claimant who has brought an unmeritorious claim, or that there are no consequences when outlandish allegations are made in pursuit of a claim. The case of Cairns v The Wellness Zone Case No: 2414495/2021 provides a salutary reminder to parties engaged in Employment Tribunal proceedings that, in an appropriate case, the Tribunal will exercise its costs jurisdiction, and not merely in a token way. The case also serves as a cautionary tale for claimants making serious allegations in pursuit of their claims.’

Full Story

Littleton Chambers, 24th October 2023

Source: littletonchambers.com

My heart breaks – solitary confinement in hospital has no therapeutic benefit for people with a learning disability and autistic people – Mental Capacity Law and Policy

‘Baroness Sheila Hollins has published her final report as Chairperson of the Independent Care (Education) and Treatment Review (IC(E)TR) programme for people with a learning disability and autistic people in inpatient settings. In fact the final report was completed in July 2023, but was not published until 8 November 2023, alongside the Government’s responses.’

Full Story

Mental Capacity Law and Policy, 9th November 2023

Source: www.mentalcapacitylawandpolicy.org.uk

Alerter by George Mallet & William Moody – Supreme Court Judgment on unfair relationships and PPI claims: Smith v RBS [2023] UKSC 34 – Henderson Chambers

‘The Supreme Court has given judgment in Smith and Burrell v Royal Bank of Scotland Plc [2023] UKSC 34, overturning the Court of Appeal and disagreeing with the bank’s limitation argument.’

Full Story

Henderson Chambers, 5th October 2023

Source: www.hendersonchambers.co.uk

Court of Appeal allows appeal by father over interim care order – Local Government Lawyer

Posted November 9th, 2023 in appeals, care orders, children, drug abuse, families, local government, mental health, news by sally

‘The Court of Appeal has allowed a father’s appeal against interim care orders made in respect of his three children.’

Full Story

Local Government Lawyer, 8th November 2023

Source: www.localgovernmentlawyer.co.uk