Month: November 2021

More Transparency in the Financial Remedies Court – Transparency Project

Posted November 17th, 2021 in anonymity, disclosure, families, family courts, media, news, privacy, reporting restrictions by sally

‘Hard on the heels of the CONSULTATION ON A PROPOSAL FOR A STANDARD REPORTING PERMISSION ORDER IN FINANCIAL REMEDY PROCEEDINGS published by Mostyn J and HHJ Hess, the FRC Lead Judges, and animated by the same acknowledgement of the need for more transparency in FRC, come two important judgments by Mostyn J on the same subject: BT v CU [2021] EWFC 87, paras 100-114, and, in quick succession, A v M [2021] EWFC 89, paras 101-106.’

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Transparency Project, 16th November 2021

Source: www.transparencyproject.org.uk

Drunkenness no basis for avoiding contributory negligence, Court of Appeal rules – Law Society’s Gazette

Posted November 17th, 2021 in accidents, alcohol abuse, appeals, compensation, damages, duty of care, insurance, negligence, news, personal injuries by sally

‘The drunkenness of a passenger seeking damages for injuries sustained in a car crash ‘will not avoid a finding of contributory negligence’ where the claimant should have appreciated that the driver was too drunk to drive safely, the Court of Appeal has ruled.’

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Law Society's Gazette, 16th November 2021

Source: www.lawgazette.co.uk

Reasonable evidence of in reasonable condition – private sector discharge – Nearly Legal

Posted November 17th, 2021 in appeals, homelessness, housing, landlord & tenant, local government, news, statutory duty by sally

‘Where a local authority proposes to discharge the homeless duty by an offer of private sector accommodation, what does it have to do to satisfy itself that the property is suitable, with regard to the conditions set out in Article 3 of The Homelessness (Suitability of Accommodation) (England) Order 2012 (that the property is in reasonable and legal condition and the landlord is a fit and proper person)? That was the question in these two joined appeals.’

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Nearly Legal, 16th November 2021

Source: nearlylegal.co.uk

Mike Gordon: A Statutory Basis for the Ministerial Code – the Challenges – UK Constitutional Law Association

Posted November 17th, 2021 in codes of practice, conflict of interest, constitutional law, corruption, government departments, judicial review, news, parliament by sally

‘With the UK in the midst of its latest political corruption crisis, the question of the (in)adequacy of the current infrastructure concerning standards in public life is once more in the spotlight. Immediately prior to the parliamentary farce over the Owen Paterson lobbying affair, the Committee on Standards in Public Life published a significant report, Upholding Standards in Public Life: Final Report of the Standards Matter 2 Review (November 2021), outlining a number of potential changes to the system for holding politicians to account for their conduct. This blog post focuses on one of the Committee’s recommendations: that the Ministerial Code be provided with a statutory basis through a ‘requirement for the Prime Minister to issue the Ministerial Code’ being ‘enshrined in primary legislation’ (Recommendation 4).’

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UK Constitutional Law Association, 16th November 2021

Source: ukconstitutionallaw.org

Disciplinary hearings for judges to stay private in revamped system – Legal Futures

Posted November 17th, 2021 in closed material, consultations, disciplinary procedures, judicial review, lord chancellor, news, professional conduct by sally

‘The disciplinary regime for judges is set to become quicker and clearer but – unlike for solicitors and barristers – hearings will remain behind closed doors, under plans published yesterday.’

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Legal Futures, 16th November 2021

Source: www.legalfutures.co.uk

“Abusive” to bring minor data breach claim in High Court – Legal Futures

Posted November 17th, 2021 in compensation, costs, damages, data protection, disclosure, domestic violence, news, small claims, striking out by sally

‘A master has labelled as “a form of procedural abuse” a bid to bring a data breach claim in the High Court where the “very modest” damages would be dwarfed by costs of £50,000.’

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Legal Futures, 17th November 2021

Source: www.legalfutures.co.uk

Parliament to vote on bill to ban child marriage in England and Wales – The Guardian

Posted November 17th, 2021 in bills, children, civil partnerships, domestic violence, forced marriages, marriage, news, sexual offences, statistics, young persons by sally

‘A bill that would ban child marriage in England and Wales will be presented to parliament for its second reading this week and has been welcomed by campaigners as a “huge stride” forward.’

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The Guardian, 16th November 2021

Source: www.theguardian.com

Court of Appeal hears challenge over whether council should have considered full climate impacts when approving drilling for oil – Local Government Lawyer

Posted November 17th, 2021 in appeals, climate change, energy, environmental protection, interpretation, local government, miners, news, planning by sally

‘The Court of Appeal is this week hearing a key case on the lawful interpretation of the Environmental Impact Assessment (EIA) Regulations and the end product of developments.’

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Local Government Lawyer, 16th November 2021

Source: www.localgovernmentlawyer.co.uk

Fourth man jailed after Nottingham victim blinded in stabbing – BBC News

Posted November 17th, 2021 in assault, assisting offenders, drug offences, imprisonment, news, offensive weapons, sentencing, wounding by sally

‘A man has been jailed for more than 14 years over a stabbing that left a man blind in one eye and with a collapsed lung.’

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BBC News, 16th November 2021

Source: www.bbc.co.uk

England’s austerity-hit courts losing days of work to collapsing ceilings, broken lifts and Arctic conditions – The Independent

Posted November 17th, 2021 in budgets, courts, delay, health & safety, HM Revenue & Customs, judges, Ministry of Justice, news, repairs by sally

‘England’s courts are so run-down they are losing days of work to collapsing ceilings, broken lift and Arctic conditions, the Lord Chief Justice has said.’

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The Independent, 16th November 2021

Source: www.independent.co.uk

New Act – legislation.gov.uk

Posted November 17th, 2021 in climate change, environmental protection, legislation by tracey

2021 c. 30 – Environment Act 2021

Source: www.legislation.gov.uk

Consumer panel and Bar Council at odds over future of aptitude test – Legal Futures

Posted November 17th, 2021 in barristers, examinations, legal education, news, statistics by sally

‘The evidence for abolishing the Bar course aptitude test (BCAT) is “compelling” as it has failed to achieve its purpose, the Legal Services Consumer Panel has said.’

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Legal Futures, 17th November 2021

Source: www.legalfutures.co.uk

Statutory Instruments – legislation.gov.uk

Posted November 17th, 2021 in legislation by tracey

SI 2021/1269 – The Private Storage Aid for Pigmeat (England) Regulations 2021

SI 2021/1267 – The National Security and Investment Act 2021 (Procedure for Service) Regulations 2021

SI 2021/1266 – The Organics (Equivalence and Control Bodies Listing) (Amendment) Regulations 2021

SI 2021/1274 – The Environment Act 2021 (Commencement No. 1) Regulations 2021

SI 2021/1272 – The National Security and Investment Act 2021 (Prescribed Form and Content of Notices and Validation Applications) Regulations 2021

SI 2021/1271 – The Products Containing Meat etc. (England) (Amendment) Regulations 2021

SI 2021/1270 – The Authorised Investment Funds (Tax) (Amendment) Regulations 2021

SI 2021/1264 – The National Security and Investment Act 2021 (Notifiable Acquisition) (Specification of Qualifying Entities) Regulations 2021

SI 2021/1262 – The National Security and Investment Act 2021 (Monetary Penalties) (Turnover of a Business) Regulations 2021

SI 2021/1258 – The Copyright and Performances (Application to Other Countries) (Amendment) (No. 2) Order 2021

Source: www.legislation.gov.uk

People with mental illness in criminal justice system failed ‘at every stage’ – The Independent

Posted November 17th, 2021 in criminal justice, Crown Prosecution Service, imprisonment, mental health, news, police, prisons, probation, self-harm, statistics, suicide by sally

‘The criminal justice system is “failing” people with a mental illness “at every stage”, a major report has found has found.’

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The Independent, 17h November 2021

Source: www.independent.co.uk

QC criticises NHS Resolution for “unacceptable” delay in settling huge claim – Legal Futures

Posted November 17th, 2021 in barristers, compensation, damages, delay, hospitals, negligence, news, personal injuries by sally

‘A leading QC has criticised NHS Resolution for “unacceptable” delays in settling one of the largest ever settlements in a clinical negligence case.’

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Legal Futures, 16th November 2021

Source: www.legalfutures.co.uk

Trevor Smith: Police shooting was lawful killing, inquest finds – BBC News

Posted November 17th, 2021 in firearms, inquests, news, police, professional conduct by sally

‘A man who was shot dead by police at his home was lawfully killed, an inquest jury has found.’

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BBC News, 16th November 2021

Source: www.bbc.co.uk

Gaddafi minister found jointly liable for 1984 killing of PC Yvonne Fletcher – The Guardian

Posted November 17th, 2021 in demonstrations, joint liability, Libya, murder, news, police by sally

‘A former minister in Muammar Gaddafi’s government was jointly liable for the shooting of PC Yvonne Fletcher outside the Libyan embassy in London in 1984, a high court judge has ruled.’

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The Guardian, 16th November 2021

Source: www.theguardian.com

BAILII: Recent Decisions

Posted November 17th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Shahi v Secretary of State for the Home Department [2021] EWCA Civ 1676 (16 November 2021)

Sullivan v Bury Street Capital Limited [2021] EWCA Civ 1694 (16 November 2021)

Campbell v Advantage Insurance Company Ltd [2021] EWCA Civ 1698 (15 November 2021)

High Court (Administrative Court)

Roblyn v The Director of Public Prosecutions [2021] EWHC 3055 (Admin) (16 November 2021)

Goodred v Portsmouth City Council [2021] EWHC 3057 (Admin) (16 November 2021)

Brown v Crown Prosecution Service [2021] EWHC 3056 (Admin) (16 November 2021)

BL, R (On the Application Of) v London Borough of Islington [2021] EWHC 3044 (Admin) (15 November 2021)

LM, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 3034 (Admin) (15 November 2021)

K Pub Trading Ltd & Anor v Cardiff City & Anor [2021] EWHC 3011 (Admin) (15 November 2021)

Kulah v Secretary of State for Housing, Communities And Local Government & Anor [2021] EWHC 3028 (Admin) (15 November 2021)

High Court (Chancery Division)

Safe-T-Systems Holdings Ltd & Anor v ILR Safety CC [2021] EWHC 2992 (Ch) (16 November 2021)

CBPE Capital Fund VIII A LP & Ors v Taranissi & Anor [2021] EWHC 3067 (Ch) (16 November 2021)

Amicus Finance Plc, Re [2021] EWHC 3036 (Ch) (15 November 2021)

Kumar v Secretary of State for Business, Energy and Industrial Strategy & Anor [2021] EWHC 2965 (Ch) (15 November 2021)

High Court (Family Division)

MG v AR [2021] EWHC 3063 (Fam) (16 November 2021)

High Court (Queen’s Bench Division)

Johnson v Eastlight Community Homes Ltd [2021] EWHC 3069 (QB) (16 November 2021)

Johnson v Shooters Hill Sixth Form College [2021] EWHC 3052 (QB) (16 November 2021)

Davies v Carter [2021] EWHC 3021 (QB) (15 November 2021)

Martin v Salford Royal NHS Foundation Trust [2021] EWHC 3058 (QB) (12 November 2021)

High Court (Technology and Construction Court)

Adferiad Recovery Ltd v Aneurin Bevan University Health Board [2021] EWHC 3049 (TCC) (16 November 2021)

Source: www.bailii.org

Man stamped on head of partner’s teenage daughter who called him a ‘cuckoo’ – The Independent

Posted November 16th, 2021 in domestic violence, grievous bodily harm, guilty pleas, news, sentencing, wounding by sally

‘A carpenter has been jailed for stamping on the head of his partner’s teenage daughter after she branded him a “manipulative cuckoo”.’

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The Independent, 16th November 2021

Source: www.independent.co.uk

Case Comment: Kabab-Ji Sal (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48 – UKSC Blog

Posted November 16th, 2021 in arbitration, assignment, choice of forum, enforcement, news, subsidiary companies by sally

‘In this post, Richard Bamforth, Jessica Foley, and Julia Czaplinska-Pakowska of CMS comment on the UK Supreme Court’s decision in Kabab-Ji Sal (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48, which delivered further guidance to commercial parties and arbitration practitioners on the issue of the governing law of arbitration agreements.’

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UKSC Blog, 16th November 2021

Source: ukscblog.com