Recent Statutory Instruments – legislation.gov.uk

Posted April 28th, 2022 in legislation by tracey

SI 2022/466 – The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2022

SI 2022/470 – The Road Vehicles (Construction and Use) (Automated Vehicles) Order 2022

SI 2022/467 – The Emissions Performance Standard (Amendment) Regulations 2022

SI 2022/474 – The International Tax Compliance (Amendment) Regulations 2022

SI 2022/465 – The Taxation of Securitisation Companies (Amendment) Regulations 2022

SI 2022/464 – The Securitisation Companies and Qualifying Transformer Vehicles (Exemption from Stamp Duties) Regulations 2022

SI 2022/491 – The Export Control (Amendment) Order 2022

SI 2022/486 – The Genetically Modified Food and Feed (Authorisations) (England) Regulations 2022

SI 2022/484 – The Phytosanitary Conditions (Amendment) (No. 2) Regulations 2022

SI 2022/481 – The Food Information (Amendment) (England) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 28th, 2022 in law reports by tracey

Supreme Court

Coughlan, R (on the application of) v Minister for the Cabinet Office [2022] UKSC 11 (27 April 2022)

Revenue and Customs v Coal Staff Superannuation Scheme Trustees Ltd [2022] UKSC 10 (27 April 2022)

Court of Appeal (Civil Division)

Bailey v Cherry Hill Skip Hire Ltd & Ors [2022] EWCA Civ 531 (27 April 2022)

Commissioners for Her Majesty’s Revenue and Customs v Atholl House Productions Ltd [2022] EWCA Civ 501 (26 April 2022)

Kickabout Productions Ltd v Commissioners for Her Majesty’s Revenue and Customs [2022] EWCA Civ 502 (26 April 2022)

High Court (Administrative Court)

Advinia Health Care Ltd, R (On the Application Of) v Care Quality Commission [2022] EWHC 965 (Admin) (27 April 2022)

Gardner & Anor, R (On the Application Of) v Secretary of State for Health and Social Care & Ors [2022] EWHC 967 (Admin) (27 April 2022)

High Court (Chancery Division)

Patel v Minerva Services Delaware, Inc [2022] EWHC 970 (Ch) (28 April 2022)

Fattal v Fattal [2022] EHWC 950 (Ch) (22 April 2022)

Pagden & Anor v Soho Square Capital LLP & Ors [2022] EWHC 944 (Ch) (21 April 2022)

High Court (Commercial Court)

Unicredit Bank AG v Euronav NV [2022] EWHC 957 (Comm) (28 April 2022)

High Court (Technology and Construction Court)

Bexheat Ltd v Essex Services Group Ltd [2022] EWHC 936 (TCC) (19 April 2022)

Source: www.bailii.org

Unequal Protection for LGBT+ Victims of Domestic Abuse – Oxford Human Rights Hub

‘Almost a decade ago, on 16 July 2012, Mr C was killed by his boyfriend, Mr Y. Pursuant to the Domestic Violence Crime and Victims Act 2004, local authorities conducted a review into the circumstances of C’s death. According to the Review, Mr C had been assaulted over a period of months and probably years. He had seen multiple health professionals in the last years of his life, none of whom had picked up on the signs of abuse or asked about it.’

Full Story

Oxford Human Rights Hub, 27th April 2022

Source: ohrh.law.ox.ac.uk

New Judgment: Commissioners for Her Majesty’s Revenue and Customs v Coal Staff Superannuation Scheme Trustees Ltd [2022] UKSC 10 – UKSC Blog

Posted April 28th, 2022 in double taxation, EC law, news, pensions, Supreme Court, tax credits by sally

‘The Respondent is the corporate trustee of a tax-exempt United Kingdom pension fund. It held a large portfolio of UK and overseas shares. To generate revenue, it engaged in a practice known as stock lending. This involves a shareholder (the lender) transferring ownership of shares to another party (the borrower) on terms that the borrower will (i) return equivalent shares to the lender at the end of the lending period and (ii) pay an amount to the lender equivalent to the dividends paid on the shares during that period. These payments are known as a “manufactured dividend” (“MD”) if the shares are held in a UK company. If the shares are in a non-UK company, they are known as a “manufactured overseas dividend” (“MOD”).’

Full Story

UKSC Blog, 27th April 202

Source: ukscblog.com

MPs call for no-fault compensation in clinical negligence – Legal Futures

Posted April 28th, 2022 in compensation, doctors, hospitals, negligence, news, personal injuries by sally

‘A no-fault compensation scheme for medical negligence should be introduced in England, replacing the “grossly expensive” existing system based on individual blame, MPs have said.’

Full Story

Legal Futures, 28th April 2022

Source: www.legalfutures.co.uk

Number of children in custody in England and Wales set to double by 2024 – The Guardian

Posted April 28th, 2022 in imprisonment, minorities, news, reports, statistics, young offenders by sally

‘The number of children in custody in England and Wales is expected to double by 2024, according to a report by Whitehall’s public spending watchdog, which also highlights that black and minority ethnic children are increasingly over-represented in the youth justice system.’

Full Story

The Guardian, 28th April 2022

Source: www.theguardian.com

‘Thrown to the wolves’: Covid care home ruling is bitter victory for relatives – The Guardian

Posted April 28th, 2022 in care homes, coronavirus, elderly, hospitals, news by sally

‘This time of year brings bad memories for families of care home residents who died in Covid’s first wave when the virus swept, mostly unchecked, through nursing homes.’

Full Story

The Guardian, 27th April 2022

Source: www.theguardian.com

Met Police officer who arranged to meet ’13-year-old girl’ for sex jailed for five years – Daily Telegraph

Posted April 28th, 2022 in child abuse, internet, news, police, sentencing, sexual grooming by sally

‘A Metropolitan Police counter-terrorism officer has been jailed for five-and-a-half years for arranging to a meet a 13-year-old girl for sex when he was “on duty working from home”.’

Full Story

Daily Telegraph, 27th April 2022

Source: www.telegraph.co.uk

Mike Gordon: The Prime Minister, the Parties, and the Ministerial Code – UK Constitutional Law Association

‘The current Prime Minister’s long running battle with the Seven Principles of Public Life continues to gather pace. Boris Johnson’s actions relating to the pandemic “partygate” scandal have arguably violated each of the principles established by the Nolan Committee in 1995: selflessness, integrity, objectivity, accountability, openness, honesty and leadership. The Prime Minister’s full house of ethical violations concerning his attendance and subsequent denials of social gatherings held in Downing Street, contrary to lockdown restrictions, have also yielded Fixed Penalty Notices from the police for him, his Chancellor, his wife, and other government officials, with the prospect of more to follow. Yet the Prime Minister remains committed to staying in post, and has refused to resign.’

Full Story

UK Constitutional Law Association, 27th April 2022

Source: ukconstitutionallaw.org

Minister: Reforms “not exactly” what criminal legal aid review said – Legal Futures

Posted April 28th, 2022 in barristers, criminal justice, fees, legal aid, news, solicitors by sally

‘Justice minister James Cartlidge has admitted to MPs that the government’s response to an independent review of criminal legal aid was “not exactly” what its author, Sir Christopher Bellamy, proposed.’

Full Story

Legal Futures, 28th April 2022

Source: www.legalfutures.co.uk

New Judgment: R (on the application of Coughlan) v Minister for the Cabinet Office [2022] UKSC 11 – UKSC Blog

Posted April 28th, 2022 in elections, identification, local government, news, pilot schemes, ultra vires by sally

‘This appeal concerns a challenge brought by the Appellant to orders made by the Respondent in respect of Braintree District Council and nine other local authorities (“the Pilot Orders”). These Pilot Orders authorised schemes to temporarily change the rules set out in secondary legislation governing local elections. These schemes, which were implemented in ten local authority areas in respect of the local government elections in May 2019, each introduced a new requirement for some form of voter identification for those local elections.’

Full Story

UKSC Blog, 27th April 2022

Source: ukscblog.com

Terrorism offenders ‘enjoy high status’ in prison, QC’s official report says – The Guardian

Posted April 28th, 2022 in hate crime, Islam, news, prisons, reports, terrorism by sally

‘Some terrorists in prison enjoy status and celebrity among their fellow inmates amid a culture of fear and violence in jails in England and Wales that is being exacerbated by staffing cuts, an official review has concluded.’

Full Story

The Guardian, 27th April 2022

Source: www.theguardian.com