Day: 13 January 2022

BAILII: Recent Decisions

Posted January 13th, 2022 in law reports by tracey

Supreme Court

FirstPort Property Services Ltd v Settlers Court RTM Company Ltd & Ors [2022] UKSC 1 (12 January 2022)

Court of Appeal (Civil Division)

Chell v Tarmac Cement And Lime Ltd [2022] EWCA Civ 7 (12 January 2022)

High Court (Administrative Court)

Detention Action, R (On the Application Of) v Lord Chancellor [2022] EWHC 18 (Admin) (13 January 2022)

L, R (On the Application Of) v Hampshire County Council [2022] EWHC 49 (Admin) (13 January 2022)

United States of America v Osborne [2022] EWHC 35 (Admin) (12 January 2022)

High Court (Chancery Division)

St Clair v King & Anor [2022] EWHC 40 (Ch) (12 January 2022 )

Solicitors Regulation Authority Ltd v Khan & Ors [2022] EWHC 45 (Ch) (12 January 2022)

High Court (Technology and Construction Court)

Good Law Project Ltd & Anor, R (On the Application Of) v The Secretary of State for Health and Social Care [2022] EWHC 46 (TCC) (12 January 2022)

Source: www.bailii.org

Statutory Instruments – legislation.gov.uk

Posted January 13th, 2022 in legislation by tracey

SI 2022/21 – The Private Storage Aid for Pigmeat (England) (Amendment) Regulations 2022

SI 2022/29 – The Ammonium Nitrate Materials (High Nitrogen Content) Safety (Amendment) Regulations 2022

Source: www.legislation.gov.uk

New Things – Nearly Legal

Posted January 13th, 2022 in housing, landlord & tenant, news, Wales by tracey

‘There were a few announcements today and a Supreme Court decision.’

Full Story

Nearly Legal, 12th January 2022

Source: nearlylegal.co.uk

Richard Clayton QC: The Government’s New Proposals for the Human Rights Act Part 2: An Assessment – UK Constitutional Law Association

Posted January 13th, 2022 in bills, constitutional law, human rights, news, parliament by tracey

‘The Government explains its Proposals in its Human Rights Act Reform: A Modern Bill Of Rights: A consultation to reform the Human Rights Act 1998 (CP 588), which represent a radical departure from the HRA.’

Full Story

UK Constitutional Law Association, 13th January 2022

Source: ukconstitutionallaw.org

Parish loses legal challenge over decision by borough council to grant planning permission for road bridge to housing developments – Local Government Lawyer

Posted January 13th, 2022 in judicial review, local government, news, planning, roads by tracey

‘Ashchurch Rural Parish Council has lost a judicial review challenge it brought over construction of a bridge to access large planned housing developments.’

Full Story

Local Government Lawyer, 13th January 2022

Source: www.localgovernmentlawyer.co.uk

Council prosecution sees dog breeders ordered to pay £450k+ – Local Government Lawyer

Posted January 13th, 2022 in dogs, guilty pleas, licensing, news, proceeds of crime by tracey

‘A couple who illegally bred dogs have been ordered to pay more than £450,000 following a successful prosecution by Vale of Glamorgan Council.’

Full Story

Local Government Lawyer, 13th January 2022

Source: www.localgovernmentlawyer.co.uk

The ‘right to manage’ and shared estate facilities – Local Government Lawyer

Posted January 13th, 2022 in easements, landlord & tenant, leases, news, service charges, Supreme Court by tracey

‘In a key ruling on the “right to manage” and wider estate facilities, the Supreme Court has overturned the Court of Appeal’s ruling in Gala Unity. Simon Allison and Kimberley Ziya consider the implications.’

Full Story

Local Government Lawyer, 12th January 2022

Source: www.localgovernmentlawyer.co.uk

Racist online trolls banned from football stadiums by new law – Home Office

Posted January 13th, 2022 in internet, news, penalties, racism, sport by tracey

‘Vile racist language and other online abuse connected to football could see offenders banned from attending matches in England and Wales for up to 10 years.’

Full Story

Home Office, 12th January 2022

Source: www.gov.uk

DPP Max Hill on how we’re taking action against racist and homophobic football chants – Crown Prosecution Service

Posted January 13th, 2022 in Crown Prosecution Service, hate crime, homosexuality, news, prosecutions, racism, sport by tracey

‘The beauty of football is that anyone can play. All you need is a ball, some friends, and a goal. Fans can unite anywhere in the world with a shared love of a club, country or just the game itself. It is perhaps the most inclusive sport. This weekend saw the FA Cup back in action – a competition which encapsulates the simplicity of the game and pits Premier League giants against relative minnows. But for 90 minutes, it is a level playing field and we often see upsets, none felt more keenly by myself as a lifelong Newcastle United fan with defeat to League One’s Cambridge United. Unfortunately, we also saw the return of reports of racist and or homophobic chanting during at least three cup ties: Crystal Palace vs Millwall, Spurs vs Chelsea and Reading v Cardiff City. This disgusting behaviour will never be tolerated by those who truly love the game, and by most of society.’

Full Story

Crown Prosecution Service, 12th January 2022

Source: www.cps.gov.uk

How can parents prioritise children during their separation? – Family Law Week

Posted January 13th, 2022 in children, divorce, families, mental health, news by tracey

‘Swati Somaiya, partner and specialist family, collaborative and mediation lawyer at Excello Law, welcomes publication of Resolution’s Parenting through Separation and extols its wisdom for parents and lawyers alike.’

Full Story

Family Law Week, 12th January 2022

Source: www.familylawweek.co.uk

Jail for police officer who tried to meet girl, eight, and had indecent images – The Independent

Posted January 13th, 2022 in child abuse, indecent photographs of children, news, police, sentencing, sexual offences by tracey

‘A police officer who was caught trying to arrange the abuse of an eight-year-old girl and accessed indecent images of a vulnerable teenager has been jailed for eight years and four months.’

Full Story

The Independent, 12th January 2022

Source: www.independent.co.uk

‘Deeply distressing’: 118,000 disabled people denied compensation after being underpaid thousands of pounds – The Independent

Posted January 13th, 2022 in benefits, compensation, disabled persons, news by tracey

‘Tens of thousands of people with disabilities and health problems are being denied the right to compensation following a government blunder over benefit payments, the health watchdog has warned.’

Full Story

The Independent, 13th January 2022

Source: www.independent.co.uk

Home Office tells Afghan and Yemeni asylum seekers they can return safely – The Guardian

Posted January 13th, 2022 in Afghanistan, asylum, government departments, news by tracey

‘The Home Office has told asylum seekers from some of the world’s biggest conflict zones that it is safe for them to return there, the Guardian has learned.’

Full Story

The Guardian, 13th January 2022

Source: www.theguardian.com

Secamb paramedics stole medication from dying patients – BBC News

Posted January 13th, 2022 in medicines, news, paramedics, sentencing, theft by tracey

‘Two paramedics have been jailed for stealing medication from terminally ill patients.’

Full Story

BBC News, 112th January 2022

Source: www.bbc.co.uk

Peter Sutcliffe: Yorkshire Ripper ‘should have been able to call ex-wife before he died’ – Daily Telegraph

Posted January 13th, 2022 in murder, news, ombudsmen, prisons, restraint by tracey

‘An independent report into the serial killer’s death also criticises the use of restraints on him while being taken to hospital.’

Full Story

Daily Telegraph, 12th January 2022

Source: www.telegraph.co.uk

PC who shared photo of dead woman sacked for gross misconduct – BBC News

Posted January 13th, 2022 in disciplinary procedures, dismissal, misfeasance in public office, news, photography, police by tracey

‘A police officer who photographed a dead woman’s partially-naked body has been sacked after being found guilty of gross misconduct.’

Full Story

BBC News, 12th January 2022

Source: www.bbc.co.uk

Star Hobson killing: mother’s sentence referred to court of appeal – The Guardian

Posted January 13th, 2022 in appeals, causing death of children or vulnerable adults, child abuse, news, sentencing by tracey

‘The eight-year jail sentence handed to Frankie Smith for causing or allowing the death of her toddler daughter, Star Hobson, has been referred to the court of appeal.’

Full Story

The Guardian, 12th January 2022

Source: www.theguardian.com

Covid: Government’s PPE ‘VIP lane’ unlawful, court rules – BBC News

Posted January 13th, 2022 in coronavirus, judicial review, news, protective equipment, public procurement by tracey

‘The government’s use of a “VIP lane” to award contracts for personal protective equipment (PPE) to two companies was unlawful, the High Court has ruled.’

Full Story

BBC News, 12th January 2022

Source: www.bbc.co.uk