Research Briefing: Expedited legislation: Public bills receiving their Second and Third Readings on the same day in the House of Commons – House of Commons Library

Posted March 10th, 2022 in bills, news, parliament by tracey

‘A list of public bills since 1979 whose main Commons stages (Second and Third Readings) have been passed within one day.’

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House of Commons Library , 8th March 2022

Source: commonslibrary.parliament.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 10th, 2022 in legislation by tracey

SI 2022/243 – The Care and Support (Charging and Assessment of Resources) (Amendment) Regulations 2022

SI 2022/238 – The Hydrocarbon Oil Duties (Miscellaneous Amendments) Regulations 2022

SI 2022/234 – The Hydrocarbon Oil Duties (Consequential Amendments and Transitional Provisions) Regulations 2022

SI 2022/230 – The Taxation of Chargeable Gains Act 1992 (Amendment) Regulations 2022

SI 2022/217 – The Non-Domestic Rating (Definition of Domestic Property) (England) Order 2022SI

2022/246 – The Certification Officer (Amendment of Fees) Regulations 2022

SI 2022/242 – The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms), etc., Regulations 2022

SI 2022/239 – The Disregard and Bringing into Account of Profit and Losses on Derivative Contracts Hedging Acquisitions and Disposals of Shares Regulations 2022

SI 2022/236 – The Guardian’s Allowance Up-rating Regulations 2022

SI 2022/260 – The Universal Credit and Employment and Support Allowance (Terminal Illness) (Amendment) Regulations 2022

SI 2022/255 – The Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations 2022

SI 2022/254 – The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2022

SI 2022/253 – The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2022

SI 2022/252 – The Trade Union (Levy Payable to the Certification Officer) Regulations 2022

SI 2022/237 – The Divorce, Dissolution and Separation Act 2020 (Consequential Amendments) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 10th, 2022 in law reports by tracey

Supreme Court

Croydon London Borough Council v Kalonga [2022] UKSC 7 (09 March 2022)

Court of Appeal (Civil Division)

Baker & Anor v Financial Conduct Authority (Re Ipagoo LLP) [2022] EWCA Civ 302 (09 March 2022)

Court of Appeal (Criminal Division)

Zeroual, R. v [2022] EWCA Crim 288 (08 March 2022)

High Court (Administrative Court)

Park Lane Homes (South East) Ltd, R (On the Application Of) v Rother District Council [2022] EWHC 485 (Admin) (09 March 2022)

Transport Action Network Ltd, R (On the Application Of) v Secretary of State for Transport [2022] EWHC 503 (Admin) (09 March 2022)

Greater Manchester Buses South Ltd v Greater Manchester Combined Authority & Anor [2022] EWHC 506 (Admin) (09 March 2022)

L & Ors, R (On the Application Of) v Devon County Council [2022] EWHC 493 (Admin) (08 March 2022)

High Court (Chancery Division)

Campbell v Tyrrell & Ors [2022] EWHC 423 (Ch) (08 March 2022)

McClean & Ors v Thornhill [2022] EWHC 457 (Ch) (08 March 2022)

High Court (Commercial Court)

BP Oil International Ltd v Glencore Energy UK Ltd [2022] EWHC 499 (Comm) (09 March 2022)

High Court (Queen’s Bench Division)

Clarke v Kalecinski & Ors [2022] EWHC 488 (QB) (08 March 2022)

SMO (A Child) v Tiktok Inc & Ors (Rev1) [2022] EWHC 489 (QB) (08 March 2022)

Source: www.bailii.org

Lumley v Foster – the danger of oral contracts and contracting with the correct entity – Practical Law: Construction Blog

Posted March 10th, 2022 in construction industry, contracts, news by tracey

‘Despite the volumes of case law illustrating the dangers of not having a written contract when carrying out a construction project, it is still common practice, particularly for smaller domestic projects and in this current market where builders are in high demand, for parties not to have a formal contract. Nine times out of ten all will be absolutely fine: works will progress, any small issues will be amicably overcome between the parties, the project will complete and everyone will be satisfied with the result. But construction projects can be uncertain beasts. Every now and then, things won’t run so smoothly. There may be defects, delays, cost pressures, design changes, or any variety of unforeseen issues. This is when not having a written contract to fall back on can become a real problem. The case of Lumley v Foster is a good reminder of what can happen if a written contract is not put in place.’

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Practical Law: Construction Blog. 9th March 2022

Source: constructionblog.practicallaw.com

Alison Young: Declaratory Orders and Constitutional Guardrails – UK Constitutional Law Association

Posted March 10th, 2022 in declarations of incompatibility, extradition, fraud, news by tracey

‘The recent decision of the Supreme Court in Craig v HM Advocate (for the Government of the United States of America) affirms the core constitutional expectation that the executive will comply with declaratory orders. On its face, this appears to be quite unassuming. Yet it raises fundamental issues of inter-institutional comity and the importance of constitutional guardrails and safeguards.’

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UK Constitutional Law Association, 10th March 2022

Source: ukconstitutionallaw.org

Claimants secure key High Court ruling on timeframe for reviewing Education, Health and Care plans – Local Government Lawyer

Posted March 10th, 2022 in delay, local government, news, notification, special educational needs by tracey

‘The High Court has ruled in favour of three claimants in a dispute over whether there is a fixed timeframe in respect of steps in the amendment of an Education, Health and Care (EHC) plan where a local authority accepts amendment is necessary, during the compulsory statutory annual review.’

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Local Government Lawyer, 9th March 2022

Source: www.localgovernmentlawyer.co.uk

Serial fly-tipper jailed after three councils pool legal resources and bring joint prosecution – Local Government Lawyer

Posted March 10th, 2022 in local government, news, prosecutions, sentencing, waste by tracey

‘A joint prosecution by three councils has seen a serial fly-tipper sentenced to 21 months in prison and his van seized. Hillingdon Council teamed up with Buckinghamshire Council and Sutton Council to tackle what was described as Dean Stanley’s “deliberate and flagrant” campaign of dumping.’

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Local Government Lawyer, 10th March 2022

Source: www.localgovernmentlawyer.co.uk

Gender equality: More flexible working, less unconscious bias training – Legal Futures

Posted March 10th, 2022 in equality, legal profession, news, reports, women by tracey

‘The legal profession is “making progress” towards more equitable gender representation at a senior level, but there is plenty of scope for improvement, new research has found.’

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Legal Futures, 10th March 2022

Source: www.legalfutures.co.uk

8% of judges report facing bullying and/or harassment – Legal Futures

Posted March 10th, 2022 in bullying, harassment, judiciary, news, statistics by tracey

‘Around one in 12 judicial office-holders have experienced bullying and/or harassment in the last 12 months, while 5% reported that they had faced discrimination, according to research published yesterday.’

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Legal Futures, 10th March 2022

Source: www.legalfutures.co.uk

Speech by Lord Justice Birss at the UCL and Intellectual Property Awareness Network event – Courts and Tribunals Judiciary

Posted March 10th, 2022 in intellectual property, judiciary, small businesses, small claims, speeches by tracey

‘Lord Justice Colin Birss, Deputy Head of Civil Justice, gave the keynote speech at the University of College London and Intellectual Property Awareness Network (IPAN) event. In his speech, entitled “Can the IP system serve small businesses better?”, he said: “In its broadest sense intellectual property is doing its job most acutely when it is in a David and Goliath situation.”‘

Full speech

Courts and Tribunals Judiciary, 9th March 2022

Source: www.judiciary.uk

TikTok: lawyers ‘unwisely’ waited until last minute – Law Society’s Gazette

‘The High Court has dealt a blow to the claimant in a high-profile privacy claim against social media platform TikTok after refusing an extension of time for service.
In SMO (A Child) v Tiktok Inc & Ors Mr Justice Nicklin said that the “inescapable reality” of why the claimant needed an extension was that she had waited until the last minute to meet key deadlines.’

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Law Society's Gazette, 9th March 2022

Source: www.lawgazette.co.uk

Three million dead can be part of Mastercard action – Law Society’s Gazette

Posted March 10th, 2022 in class actions, consumer credit, domicile, fees, financial regulation, news, ombudsmen by tracey

‘Around three million now-dead people can continue to be part of a mammoth group action against Mastercard after the Competition Appeal Tribunal today ruled that anyone living in the UK when the claim form was filed should be part of the class.’

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Law Society's Gazette, 9th March 2022

Source: www.lawgazette.co.uk

Widow ‘mourned at wrong grave for 27 years after husband’s ashes secretly given to his mother’ – The Independent

Posted March 10th, 2022 in burials and cremation, news, personal injuries, psychiatric damage, widows by tracey

‘Kathleen Walsham is suing funeral giant Dignity for psychological personal injury after she claims she was told in 2016 that her husband’s remains had been buried 10 miles away in Essex.’

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The Independent, 9th March 2022

Source: www.independent.co.uk

Andy Burnham’s move to bring bus services under public control ‘not unlawful’ – The Independent

Posted March 10th, 2022 in consultations, contracting out, local government, news, transport by tracey

‘Andy Burnham’s decision to reform bus services to bring them under public control in Greater Manchester was not unlawful, a High Court judge has found in a ruling against two bus companies.’

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The Independent, 9th March 2022

Source: www.independent.co.uk

Catholic church bans visit by gay author to London school – The Guardian

Posted March 10th, 2022 in Christianity, education, equality, homosexuality, news by tracey

‘The Catholic church has banned a visit to a London school by a gay author and removed a number of governors who supported the event, in a move that has drawn comparisons to the notorious 1980s section 28 ban on “promoting homosexuality”.’

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The Guardian, 9th March 2022

Source: www.theguardian.com

Landowner facing legal action over ‘decimation’ of Herefordshire river – The Guardian

‘A landowner is facing legal action for what environmental regulators say is the decimation of a protected river.’

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The Guardian, 9th March 2022

Source: www.theguardian.com

Domestic abuse: The ‘forgotten’ victims failed by the system – BBC News

Posted March 10th, 2022 in domestic violence, immigration, news, victims by tracey

‘Many women arrive in the UK in a happy relationship and the legal right to live with their partner. But some of those relationships break down and turn into a life of physical and sexual abuse. For those with an insecure immigration status, it can be difficult to escape, with very few legal rights and limited access to help. One charity is calling for better support for these “forgotten” victims of domestic abuse.’

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BBC News, 10th March 2022

Source: www.bbc.co.uk