Month: May 2021

Recent Statutory Instruments – legislation.gov.uk

Posted May 27th, 2021 in legislation by tracey

The Taxation of Chargeable Gains (Gilt-edged Securities) Order 2021

The Sanctions and Anti-Money Laundering Act 2018 (Commencement No. 3) Regulations 2021

The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2021

The Counter-Terrorism and Border Security Act 2019 (Commencement No. 1) (Northern Ireland) Regulations 2021

The Chief Inspector of Education, Children’s Services and Skills Order 2021

The Food and Drink (Miscellaneous Amendments Relating to Food and Wine Composition, Information and Labelling) Regulations 2021

The Double Taxation Relief (Federal Republic of Germany) Order 2021

The Double Taxation Relief (Sweden) Order 2021

The Food and Drink (Miscellaneous Amendments Relating to Food and Wine Composition, Information and Labelling) Regulations 2021

The National Health Service Pension Schemes and Injury Benefits (Amendment) Regulations 2021

The Child Benefit (General) (Coronavirus) (Amendment) Regulations 2021

The Pension Schemes Act 2021 (Commencement No. 1) Regulations 2021

The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021

Source: www.legislation.gov.uk

Termination – where did it all go wrong? – Practical Law: Construction Blog

Posted May 27th, 2021 in construction industry, contracts, coronavirus, news by tracey

‘Is it just me who has seen a lot of disputes regarding wrongful termination since the beginning of the COVID-19 pandemic? A large proportion of those disputes have concerned whether a party has terminated in accordance with the provisions in a JCT contract. While parties frequently attempt to exercise termination provisions under JCT contracts, very few seem to do so effectively.’

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Practical Law: Construction Blog, 26th May 2021

Source: constructionblog.practicallaw.com

Alastair Richardson: The Legality of Home Office Fees – UK Constitutional Law Association

Posted May 27th, 2021 in children, citizenship, fees, ministers' powers and duties, news, statutory duty, ultra vires by tracey

“Project for the Registration of Children as British Citizens v Secretary of State for the Home Department (PRCBC) concerned a challenge to the lawfulness of fees charged to children applying to be registered as British citizens. The fees have a serious adverse impact on the ability of many children to apply for registration.”

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UK Constitutional Law Association, 26th May 2021

Source: ukconstitutionallaw.org

High Court judge criticises failure by council to deliver EHC plan – Local Government Lawyer

Posted May 27th, 2021 in disabled persons, local government, news, special educational needs, statutory duty by tracey

‘Nottinghamshire County Council failed to adequately deliver a disabled child’s Education, Health and Care Plan (EHCP) the High Court has ruled.’

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Local Government Lawyer, 27th May 2021

Source: www.localgovernmentlawyer.co.uk

Misogyny as a hate crime – what it means and why it’s needed – Family Law

Posted May 27th, 2021 in criminal records, hate crime, news, police, women by tracey

‘In recent weeks, the government announced that it will instruct all police forces across the UK to start recording crimes motivated by sex or gender on an experimental basis- effectively making misogyny a hate crime. This follows the example of Nottinghamshire Police in 2016, followed by another 10 police forces since.’

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Family Law, 25th May 2021

Source: www.familylaw.co.uk

CPS statement on Hillsborough ruling – Crown Prosecution Service

Posted May 27th, 2021 in Crown Prosecution Service, evidence, health & safety, news, no case to answer, perverting the course of justice, police, prosecutions, sport by tracey

‘The Nightingale Court at The Lowry Theatre, Manchester, has found there is no case for Peter Metcalf, former Chief Superintendent Donald Denton and former Detective Chief Inspector Alan Foster to answer on the charges of perverting the course of justice in relation to their actions following the Hillsborough disaster in 1989.’

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Crown Prosecution Service, 26th May 2021

Source: www.cps.gov.uk

Revised sentencing guidelines for assault offences and attempted murder – Courts & Tribunals Judiciary

Posted May 27th, 2021 in assault, attempted murder, news, sentencing by tracey

‘The Sentencing Council has today (27 May 2021) published revised sentencing guidelines for assault offences, including common assault and attempted murder, and new guidance for assault on emergency workers.’

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Courts & Tribunals Judiciary, 27th May 2021

Source: www.judiciary.uk

Bell v Tavistock and the Implications for Trans Children, Part 2: the Law after AB v CD and others – Family Law Week

Posted May 27th, 2021 in children, consent, medical treatment, news, parental responsibility, transgender persons by tracey

‘As set out in my previous article, the decision of the High Court in Bell & Anor v The Tavistock And Portman NHS Foundation Trust [2020] EWHC 3274 (“Bell v Tavistock”) arguably raised more questions than it answered for transitioning children and their families. The principal legal issue for the court to adjudicate in Bell v Tavistock was whether a child or young person under the age of 16 could achieve Gillick competence in respect of the decision to take puberty blockers [133]. The court specifically declined to address whether parents could consent to the use of puberty blockers on their child’s behalf, as this was not the Gender Identity Development Service’s (“GIDS”) policy; GIDS relied on consent of the child or young adult being treated.’

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Family Law Week, 24th May 2021

Source: www.familylawweek.co.uk

Hillsborough: why has the trial collapsed and what happens next? – The Guardian

Posted May 27th, 2021 in Crown Prosecution Service, evidence, health & safety, news, no case to answer, perverting the course of justice, police, prosecutions, sport by tracey

‘A judge has stopped the trial of two former South Yorkshire police officers and the force’s former solicitor, who had been charged with perverting the course of justice for amending police statements after the 1989 Hillsborough disaster.’

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The Guardian, 26th May 2021

Source: www.theguardian.com

Uber recognises union for first time in landmark deal – BBC News

Posted May 27th, 2021 in holiday pay, news, pensions, remuneration, taxis, trade unions by tracey

‘Ride-hailing giant Uber has agreed to recognise a trade union for the first time, in a landmark deal that should benefit gig economy workers.’

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BBC News, 26th May 2021

Source: www.bbc.co.uk

UK supreme court to take on paid interns from underrepresented groups – The Guardian

Posted May 27th, 2021 in barristers, diversity, legal education, minorities, news, Supreme Court, young persons by tracey

‘The supreme court has announced its first paid internships for aspiring lawyers from underrepresented communities as it seeks to increase diversity in the judiciary. The initiative by the UK’s highest court, in collaboration with the charity Bridging the Bar, comes as the supreme court, judiciary and legal profession more widely face scrutiny over accessibility.’

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The Guardian, 27th May 2021

Source: www.theguardian.com

Batley school protests: Teacher allowed back in Prophet Muhammad image row – BBC News

Posted May 27th, 2021 in disciplinary procedures, Islam, news, teachers by tracey

‘A teacher who was suspended after showing children a caricature of the Prophet Muhammad can return to the classroom.’

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BBC News, 27th May 2021

Source: www.bbc.co.uk

Gang member jailed after man kidnapped and raped in 10-hour ordeal – The Independent

Posted May 27th, 2021 in assault, false imprisonment, kidnapping, news, rape, sentencing by tracey

‘A violent thug who falsely imprisoned, assaulted and raped a man in an “horrific ordeal” has been jailed for 18 years.’

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The Independent, 26th May 2021

Source: www.independent.co.uk

MPs set deadline for bereaved to get public funding at inquests – The Guardian

Posted May 27th, 2021 in bereavement, inquests, legal representation, news by tracey

‘Bereaved people have been “failed” by successive governments and by 1 October they should all receive public funding for legal representation at inquests where a public body is represented, MPs have said.’

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The Guardian, 26th May 2021

Source: www.theguardian.com

HS2 dishonest over compensation claim, says report – BBC News

Posted May 27th, 2021 in compensation, complaints, compulsory purchase, news, ombudsmen, railways by tracey

‘The firm behind HS2 was “dishonest and misleading” in its handling of a compensation claim from a member of the public who had to sell their home to make way for the line, a report claims.’

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BBC News, 27th May 2021

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted May 27th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Munir v Revenue And Customs [2021] EWCA Civ 799 (26 May 2021)

L (A Child: Step-Parent Adoption) [2021] EWCA Civ 801 (26 May 2021)

The Open Rights Group & Anor, R (On the Application Of) v The Secretary of State for the Home Department & Anor [2021] EWCA Civ 800 (26 May 2021)

Court of Appeal (Criminal Division)

Dixon, R v [2021] EWCA Crim 797 (26 May 2021)

High Court (Chancery Division)

Malik v Mahboob Hussain Junior & Ors [2021] EWHC 1405 (Ch) (26 May 2021)

Docklock Ltd v C Christo & Co Ltd [2021] EWHC 1424 (Ch) (26 May 2021)

Bhattacharya & Anor v Oaksix Holdings Ltd [2021] EWHC 1326 (Ch) (26 May 2021)

High Court (Commercial Court)

Wiggin Osborne Fullerlove (a firm) v Bond [2021] EWHC 1381 (Comm) (26 May 2021)

Kreditanstalt Fur Wiederaufbau v Azov-Don Shipping Company JSC [2021] EWHC 1406 (Comm) (26 May 2021)

YA II PN Ltd v Frontera Resources Corporation [2021] EWHC 1380 (Comm) (26 May 2021)

High Court (Family Division)

K (Children) [2021] EWHC 1409 (Fam) (26 May 2021)

High Court (Patents Court)

Facebook Ireland Ltd v Voxer IP LLC [2021] EWHC 1377 (Pat) (26 May 2021)

High Court (Queen’s Bench Division)

AB v Chethams School of Music [2021] EWHC 1419 (QB) (26 May 2021)

Source: www.bailii.org.

Much Ado About Nothing: Technical Breaches of Directors’ Disclosure Duties in Fairford Water Ski Club v Cohoon & Anor [2021] EWCA Civ 143 – Hardwicke Chambers

Posted May 26th, 2021 in appeals, chambers articles, company directors, company law, conflict of interest, disclosure, news by sally

‘In Fairford Water Ski Club Ltd v Cohoon & Anor [2021] EWCA Civ 143, the Court of Appeal considered a highly technical breach of the duty imposed on company directors to disclose any interest in a contract or proposed contract entered into by their company. The decision considers several practical issues surrounding the duty to disclose, such as whether disclosure is effective only if given after the terms have been agreed and the board has considered whether these represent fair value; and whether disclosure at a first board meeting is effective for subsequent meetings. The case also highlights differences in the statutory frameworks applicable to the duty under the Companies Act 1985 and 2006.’

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Hardwicke Chambers, 11th May 2021

Source: hardwicke.co.uk

The Times, They Are A-Changin’ [Again] – Carmelite Chambers

Posted May 26th, 2021 in appeals, chambers articles, conspiracy, drug offences, drug trafficking, evidence, expert witnesses, forced labour, news, trafficking in human beings, victims by sally

‘For those practitioners who thought that a positive decision from the Single Competent Authority as to whether a defendant was a victim of trafficking is admissible, having been settled since early 2020 with the Divisional Court decision in DPP v M [2020] EWHC 344 Admin, well…think again.’

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Carmelite Chambers, 20th May 2021

Source: www.carmelitechambers.co.uk

The COVID Inquiry … About Time? – Carmelite Chambers

Posted May 26th, 2021 in chambers articles, coronavirus, government departments, inquiries, news by sally

‘Facing mounting pressure from a number of critics that his delays in implementing lockdowns [the first being imposed in March 2020] cost thousands of lives, the Prime Minister, Rt Hon Boris Johnson MP, on 12th May 2021 announced plans for a public inquiry into the government’s handling of the Covid pandemic, under the powers of the Inquiries Act 2005. It is due to commence in the Spring of 2022. Its terms of reference will not be announced until closer to its start.’

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Carmelite Chambers, 18th May 2021

Source: www.carmelitechambers.co.uk

Concussion lawsuits could threaten sports’ viability, warns minister – The Guardian

Posted May 26th, 2021 in compensation, damages, health & safety, news, personal injuries, sport by sally

‘The rise in concussion lawsuits threatens the financial viability of some sports, the sports minister has said. Speaking to the digital, culture, media and sport select committee, Nigel Huddleston also suggested some sports would have to adapt their rules to make them safer to avoid more lawsuits in the future.’

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The Guardian, 25th May 2021

Source: www.theguardian.com