Research briefing: Reaction to the Draft Online Safety Bill: A reading list – House of Commons Library

Posted January 28th, 2022 in bills, children, government departments, internet, news, parliament by tracey

‘This Library Briefing provides a selection of comment on the draft Online Safety Bill.’

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House of Commons Library, 26th January 2022

Source: commonslibrary.parliament.uk

Court of Protection case review – Local Government Lawyer

‘Lauren Gardner reports on some significant recent judgments in the Court of Protection.’

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Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

Age assessment and the Kent Intake Unit social worker guidance – Local Government Lawyer

‘The High Court has ruled that the Home Office acted unlawfully in detaining unaccompanied young people for age assessments at a port in Kent. Shu Shin Luh and Antonia Benfield explain why.’

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Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

Statutory Instruments – legislation.gov.uk

Posted January 28th, 2022 in legislation by tracey

SI 2022/85 – The Train Driving Licences and Certificates (Amendment) Regulations 2022

SI 2022/73 – The Domestic Abuse Act 2021 (Commencement No. 3) Regulations 2022

SI 2022/71 – The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022

SI 2022/69 – The Local Audit (Appointing Person) (Amendment) Regulations 2022

SI 2022/66 – The Traffic Management Act 2004 (Commencement No. 10 and Savings and Transitional Provisions) (England) Order 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 28th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

Byers & Ors v The Saudi National Bank [2022] EWCA Civ 43 (27 January 2022)

Court of Appeal (Criminal Division)

Limon, R. v [2022] EWCA Crim 39 (20 January 2022)

High Court (Administrative Court)

Fortt, R (On the Application Of) v Financial Services Compensation Scheme Ltd [2022] EWHC 152 (Admin) (27 January 2022)

High Court (Chancery Division)

Morton v Morton & Anor [2022] EWHC 163 (Ch) (27 January 2022)

High Court (Commercial Court)

Republic of Mozambique v Credit Suisse International & Ors [2022] EWHC 157 (Comm) (27 January 2022)

High Court (Queen’s Bench Division)

Ali v Luton Borough Council [2022] EWHC 132 (QB) (27 January 2022)

Radia v Marks [2022] EWHC 145 (QB) (26 January 2022)

High Court (Technology and Construction Court)

John Graham Construction Ltd v Tecnicas Reunidas UK Ltd [2022] EWHC 155 (TCC) (27 January 2022)

Source: www.bailii.org

How will the right to work in the UK change in 2022? – EIN Blog

Posted January 28th, 2022 in brexit, EC law, employment, immigration, news, visas by tracey

‘The individuals who have the right to work in the UK has changed since the Brexit agreement came into effect, and we are likely to see some of the biggest impacts of this over the next year. That means that how people come into the country and the checks that they are subject to could be facing an overhaul, so here we take a look at how the right to work in the UK is likely to change in 2022.’

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EIN Blog, 25th January 2022

Source: www.ein.org.uk

R(ZLL) v SSHCLG: Everyone In a “call to action” not a policy – Nearly Legal

‘In this case, Fordham J scrutinised the nature of “Everyone In” and analysed whether it was a “policy”, such as to impose public law duties on the Secretary of State on its curtailment. The judgment (2022) EWHC 85 (Admin) contains a detailed discussion of the ingredients that make a policy, and a pithy take on when the need to consult stakeholders arises. The judge finds that Everyone In cannot properly be described as prescriptive policy guidance, but can safely be described as “an initiative”, so the Secretary of State was not bound by the constraints on changing policy. Judgment was given under the old Departmental name, since changed to the snappy Department for Levelling Up, Housing and Communities. The two interested parties, Camden LB Council and Shelter, did not appear.’

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Nearly Legal, 24th January 2022

Source: nearlylegal.co.uk

Company landlords and signing notices – Nearly Legal

‘Northwood (Solihull) Ltd v Fearn & Ors (2022) EWCA Civ 40. This was a second appeal on the issue of the signing of tenancy deposit prescribed information certificates and section 8 notices by company landlords. The first appeal (our note here) had held that while signing a section 8 notice did not have to comply with the requirements of section 44 Companies Act, the signing of the prescribed information certificate did, so that it could not be signed by a sole director.’

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Nearly Legal, 26th January 2022

Source: nearlylegal.co.uk

Causation Strikes Again: Dalchow v St George’s University NHS Foundation Trust – Ropewalk Clinical Negligence Blog

Posted January 28th, 2022 in causation, chambers articles, expert witnesses, medical treatment, negligence, news by tracey

‘On 20 January 2022, Hugh Southey QC (sitting as a Deputy Judge of the High Court) handed down judgment in the case of Dalchow v St George’s University NHS Foundation Trust [2022] EWHC 100 (QB). The decision gives rise to some interesting considerations on causation and the judicial assessment of expert evidence, and provides a useful illustration of the application of Wisniewski v Central Manchester Health Authority [1998] PIQR P324.’

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Ropewalk Clinical Negligence Blog , 25th January 2022

Source: www.ropewalk.co.uk

The Independent Human Rights Act Review and the government’s Bill of Rights – UK Human Rights Blog

Posted January 28th, 2022 in consultations, government departments, human rights, news by tracey

‘Do they have anything in common? Relatively little, says Nicola Barker, Professor of Law at the University of Liverpool.’

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UK Human Rights Blog, 24th January 2022

Source: ukhumanrightsblog.com

Departure from the GMC Sanctions Guidance – Quarterly Medical Law Review

‘General Medical Council v Bramhall [2021] EWHC (2109) (Admin). In a series of acts referred to by HHJ Farrer QC as “conduct borne of professional arrogance of such magnitude that it strayed into criminal behaviour”, Mr Bramhall used an argon beam cauterising tool to sign his initials on the livers of multiple patients. In the aftermath of a criminal conviction, the General Medical Council (GMC) sought his erasure from the medical register. The MPT, disagreeing with the GMC over the severity of his actions, preferred a 5-month suspension.’

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Quarterly Medical Law Review , 24th January 2022

Source: 1corqmlr.com

Practice Direction 57AC in practice – Local Government Lawyer

Posted January 28th, 2022 in evidence, local government, news, practice directions, witnesses by tracey

‘Marion Smith QC, Joe-han Ho, Ruth Keating and Philippe Kuhn examine the latest court ruling on PD 57AC.’

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Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

Listing assets of community value – Local Government Lawyer

Posted January 28th, 2022 in assets of community value, housing, local government, news, planning by tracey

‘The High Court has ruled that a council’s refusal to list local sports field as an asset of community value was unlawful. Jenny Wigley QC analyses the judgment’

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Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

Number of pupil barristers rebounds after Covid-related slump -Legal Futures

Posted January 28th, 2022 in barristers, coronavirus, diversity, news, pupillage, statistics, women by tracey

‘The number of pupil barristers has rebounded after the pandemic sent it crashing, while women increasingly dominate the junior end of the Bar, new figures have shown.’

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Legal Futures, 28th January 2022

Source: www.legalfutures.co.uk

Research briefing: LGBT+ rights and issues in the Caribbean – House of Commons Library

‘This briefing focuses on LGBT+ rights and issues in seven Caribbean states: Antigua and Barbuda, Barbados, Dominica, Grenada, Guyana, Jamaica and St Lucia.’

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House of Commons Library , 27th January 2022

Source: commonslibrary.parliament.uk

Legal reforms to allow safe introduction of automated vehicles announced – Law Commission

Posted January 28th, 2022 in computer programs, Law Commission, news, road safety by tracey

‘The Law Commission of England and Wales and the Scottish Law Commission (the Law Commissions) have today (26 January 2022) published their joint report, making recommendations for the safe and responsible introduction of self-driving vehicles.’

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Law Commission, 26th January 2022

Source: www.lawcom.gov.uk

Reforms to protect disabled and LGBT+ victims, criminalise extremist misogynist ‘incel’ hate material, and safeguard free speech – Family Law

‘The Law Commission has announced recommendations to reform hate crime legislation to ensure that disabled and LGBT+ victims receive the same protections as victims with other protected characteristics (race and religion). If enacted, the reforms would ensure all five characteristics are protected equally by the law.’

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Family Law, 27th January 2022

Source: www.familylaw.co.uk

Great Ormond Street Hospital cleaners take legal action after ‘being paid less than white colleagues’ – The Independent

‘Dozens of ethnic minority cleaners are taking legal action against a world-leading children’s hospital having accused the organisation of denying them NHS contracts that would offer a higher wage as well as benefits such as overtime, sick pay, holiday pay and access to the NHS pension scheme.’

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The Independent, 27th January 2022

Source: www.independent.co.uk

‘Heartless’ drug dealers ‘cuckooed’ woman’s Nuneaton flat – BBC News

Posted January 28th, 2022 in drug offences, drug trafficking, imprisonment, news, sentencing by tracey

‘Two “heartless” drug dealers forced a vulnerable woman out of her home when they took over her flat to sell heroin and crack cocaine.’

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BBC News, 26th January 2022

Source: www.bbc.co.uk

Killer who stabbed her partner during violent row is jailed for eight years – The Independent

Posted January 28th, 2022 in domestic violence, homicide, imprisonment, news, sentencing by tracey

‘A woman convicted of killing her partner with a knife during a violent row at their home has been jailed for eight years.’

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The Independent, 27th January 2022

Source: www.independent.co.uk