Former CPS solicitor rebuked for offensive Facebook posts – Legal Futures

‘ A solicitor who shared a petition from far-right group Britain First on her Facebook page while working for the Crown Prosecution Service (CPS) has been rebuked by the Solicitors Regulation Authority (SRA).’

Full Story

Legal Futures, 7th September 2021

Source: www.legalfutures.co.uk

Man jailed for driving a car half a mile on railway track in Birmingham – The Guardian

Posted September 8th, 2021 in dangerous driving, imprisonment, news, sentencing by sally

‘A man has been jailed for 15 months after driving a car half a mile down a railway track, causing passenger delays of up to eight hours.’

Full Story

The Guardian, 7th September 2021

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted September 8th, 2021 in legislation by tracey

SI 2021/985 – The Court Fees (Miscellaneous Amendments) Order 2021

SI 2021/984 – The Financial Assistance for Environmental Purposes Order 2021

SI 2021/995 – The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) (No. 2) Regulations 2021

SI 2021/993 – The Public Interest Merger Reference (Perpetuus Advanced Materials plc) (Pre-emptive Action) Order 2021

SI 2021/987 – The Crime (International Co-operation) Act 2003 (Freezing Order) (England and Wales and Northern Ireland) Regulations 2021

SI 2021/986 – The Value Added Tax (Amendment) Regulations 2021

SI 2021/978 – The Infrastructure Planning (Prescribed Consultees and Interested Parties etc.) (Amendment) Regulations 2021

SI 2021/1003 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 10) Regulations 2021

Source: www.legislation.gov.uk

BAILII: New Decisions

Posted September 8th, 2021 in law reports by tracey

High Court (Chancery Division)

Maranello Rosso Ltd v Lohomij BV & Ors (Rev1) [2021] EWHC 2452 (Ch) (06 September 2021)

Mars Capital Finance Ltd v Hussain & Ors [2021] EWHC 2416 (Ch) (06 September 2021)

High Court (Technology and Construction Court)

Downs Road Development LLP v Laxmanbhai Construction (UK) Ltd [2021] EWHC 2441 (TCC) (07 September 2021)

Source: www.bailii.org

Ministry of Justice to press ahead with fixed costs expansion – Legal Futures

‘The Ministry of Justice (MoJ) yesterday confirmed that it will implement Sir Rupert Jackson’s blueprint for fixed recoverable costs (FRC) across the fast-track and in most money cases worth up to £100,000.’

Full Story

Legal Futures, 7th September 2021

Source: www.legalfutures.co.uk

Public inquiry begins into plans for new coalmine in Cumbria – The Guardian

Posted September 7th, 2021 in climate change, energy, environmental protection, inquiries, news by sally

‘There is dwindling support for proposals to build the UK’s first deep coalmine in 30 years in Cumbria, say campaigners, as a public inquiry into the mining plans gets under way.’

Full Story

The Guardian, 7th September 2021

Source: www.theguardian.com

UK Supreme Court clarifies scope of ‘lawful act economic duress’ – OUT-LAW.com

Posted September 7th, 2021 in contracts, duress, news, Supreme Court by sally

‘A recent decision by the UK’s highest court has clarified the circumstances in which a party to a commercial contract is entitled to rescind that contract on the grounds of ‘economic duress’ under English law.’

Full Story

OUT-LAW.com, 6th September 2021

Source: www.pinsentmasons.com

High Court dismisses £2.7m law firm negligence claim – Legal Futures

Posted September 7th, 2021 in law firms, negligence, news, summary judgments by sally

‘The High Court has granted summary judgment in favour of a law firm and its senior partner and dismissed a £2.7m negligence claim.’

Full Story

Legal Futures, 7th September 2021

Source: www.legalfutures.co.uk

Stevenage Christopher Hewett murder: Teen sentenced for manslaughter – BBC News

Posted September 7th, 2021 in murder, news, sentencing, young offenders by sally

‘A teenager convicted of manslaughter after a father-of-two was stabbed to death has been sentenced to five years in a young offenders institution.’

Full Story

BBC News, 6th September 2021

Source: www.bbc.co.uk

Hospital admits liability for baby’s death after ignoring mother’s concerns – The Guardian

Posted September 7th, 2021 in birth, hospitals, negligence, news, pregnancy by sally

‘A hospital has admitted liability for the death of a baby who was delivered stillborn three days after his mother’s complaints of fluid loss and severe pain were dismissed as wetting the bed.’

Full Story

The Guardian, 6th September 2021

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted September 6th, 2021 in legislation by tracey

SI 2021/975 – The Transfer of Undertakings (Protection of Employment) (Transfer of Public Health England Staff) Regulations 2021

SI 2021/974 – The Public Health England (Dissolution) (Consequential Amendments) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 6th, 2021 in law reports by tracey

High Court (Administrative Court)

HHRC Ltd v Hackney Borough Council [2021] EWHC 2440 (Admin) (03 September 2021)

High Court (Commercial Court)

Local Boy’z Ltd v Malu NV [2021] EWHC 2439 (Comm) (03 September 2021)

Source: www.bailii.org

Saturday musings: the Charity Commission and “political” campaigning – Law & Religion UK

Posted September 6th, 2021 in bills, charities, Charity Commission, elections, news, political parties by tracey

‘The Runnymede Trust is a charitable think-tank focused on race equality and race relations in the UK. The Charity Commission opened a compliance case in April 2021 after complaints about the Trust’s response to the report by the Commission on Race and Ethnic Disparities (“the CRED report”) and the trustees’ decision to work with the Good Law Project to challenge certain public appointments. The Commission also noted the appearance of a senior executive of Runnymede at an event organised by a political party, alongside several elected representatives and affiliated speakers. The issue, in short, was whether the Trust was engaging in party-political activity, contrary to charity law – and the Commission has concluded that the Trust has not broken the law. So far, not much obviously to do with “religion” – but read on.’

Full Story

Law & Religion UK, 4th September 2021

Source: lawandreligionuk.com

Late service charge demands and the importance of contemplating forfeiture for recovering legal costs – Nearly Legal

Posted September 6th, 2021 in appeals, costs, housing, landlord & tenant, leases, news, service charges by tracey

‘This was a second appeal to the Court of Appeal from the Upper Tribunal on two issues arising from long running litigation between the freeholder, West India Quay and the head lessee, East Tower Apartments (ETAL) on the arrangements for and charging for utilities for the residential parts of the building (a 33 storey tower, including a hotel). The initial proceedings brought by ETAL had gone through the FTT and the Upper Tribunal and had resulted in a significant reduction in charges. For our purposes, the relevant part of these decisions where that ‘Switch 2) – the utility provider – had levied “standing charges” (actually costs for reading meters and preparing bills) from 2008 onwards. The freeholder had included these charges in the utility charge to the lessee. The FTT had found that they were not recoverable, as there had never been “a contractually valid demand for them as service charges, and it was not open to the Landlord to “re-allocate” them as general service charge.”’

Full Story

Nearly Legal, 5th September 2021

Source: nearlylegal.co.uk

Misconduct in public office – ECtHR reviews foreseeability of common law offence – UK Human Rights Blog

‘On 6 July 2021 the European Court of Human Rights (ECtHR) published its judgment in the case of Norman v UK (Application no. 41387/17). The case concerned Mr Robert Norman, an officer at Belmarsh prison, who in 2015 was convicted of misconduct in public office for passing a variety of information to a tabloid journalist in exchange for money. The ECtHR found that, in Mr Norman’s case, the offence itself did not constitute a breach of Article 7 ECHR (no punishment without law): Mr Norman’s conduct was sufficiently serious for it to have been foreseeable that it would constitute a criminal offence. The ECtHR also found that the newspaper’s disclosure of Mr Norman’s activities to the police, and his subsequent prosecution and conviction, did not breach his rights under Article 10 ECtHR (freedom of expression).’

Full Story

UK Human Rights Blog, 6th September 2021

Source: ukhumanrightsblog.com

Research Briefing: Disabled adaptations in leasehold flats and common parts – House of Commons Library

Posted September 6th, 2021 in disabled persons, equality, government departments, housing, leases, news, parliament by tracey

‘This paper covers how leaseholders in flats can gain consent to home adaptations. It covers the issue of adaptations in the common parts of residential buildings.’

Full Story

House of Commons Library, 5th September 2021

Source: commonslibrary.parliament.uk

Short Marriages … “A marriage is a marriage”? – Family Law

Posted September 6th, 2021 in appeals, children, divorce, families, financial dispute resolution, marriage, news by tracey

‘The recent case of E v L has once again brought to the fore short marriages and their treatment within financial remedy cases.’

Full Story

Family Law, 3rd September 2021

Source: www.familylaw.co.uk

NHS child gender identity clinic whistleblower wins tribunal – BBC News

‘A woman who raised concerns about the safety of children at an NHS gender clinic has been awarded £20,000 in an employment tribunal case.’

Full Story

BBC News, 5th September 2021

Source: www.bbc.co.uk

British mother sexually abused her children and urinated in their drinks, court hears – The Independent

‘A British mum who sexually abused her children and even urinated in their drinks was caught by the FBI, a court heard.’

Full Story

The Independent, 6th September 2021

Source: www.independent.co.uk

Frozen eggs and sperm storage limit increased to 55 years – BBC News

‘Storage limits for eggs, sperm and embryos will go up to 55 years under government plans that ministers say will give people greater choice over when to start a family.’

Full Story

BBC News, 6th September 2021

Source: www.bbc.co.uk