April 2022 – Page 2 – Current Awareness

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

Posted April 28th, 2022 in domestic violence, homosexuality, human rights, news, transgender persons, victims by sally

‘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.’

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”).’

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.’

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.’

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.’

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”.’

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

Posted April 28th, 2022 in coronavirus, ministers' powers and duties, news, parliament, regulations, standards by sally

‘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.’

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.’

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.’

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.’

The Guardian, 27th April 2022

Source: www.theguardian.com

Re H [2022]EWFC 10: Guidance in Learning Disability Cases – Transparency Project

Posted April 27th, 2022 in care orders, children, codes of practice, disabled persons, families, family courts, learning difficulties, local government, news, placement orders, social services by sally

‘The Good Practice Guidance for working with parents with a learning disability was first published in 2007 by the Department of Health / Department for Education and Skills. Fifteen years and two revisions later, awareness of it remains patchy. In Re H [2022] EWFC 10 (19 January 2022), where the mother’s learning disability was a central feature of the case, the children’s social worker admitted that she was unfamiliar with the Guidance.’

Transparency Project, 26th April 2022

Source: transparencyproject.org.uk

Case Preview: Stanford International Bank Ltd (In Liquidation) v HSBC Bank Plc – UKSC Blog

Posted April 27th, 2022 in appeals, banking, damages, debts, insolvency, liquidators, news, Supreme Court by sally

‘On 19 January 2022, the Supreme Court heard the appeal in Stanford International Bank Ltd (In Liquidation) v HSBC Bank Plc. The appeal turns on whether a company in liquidation can be considered to have suffered loss where, while it is still trading, its bank pays money out of the company’s accounts to discharge debts owed by the company. It is likely that this case will further set out the limits of the Quincecare duty, following a spate of recent high-profile cases in this area.’

UKSC Blog, 26th April 2022

Source: ukscblog.com

Insulate Britain members disrupt trial by gluing hands to court furniture – The Guardian

Posted April 27th, 2022 in climate change, courts, demonstrations, environmental protection, freedom of expression, news, nuisance, trials by sally

‘Three members of Insulate Britain have disrupted a magistrates court trial, gluing their hands to court furniture and paying tribute to the environmental activist who died after setting himself on fire outside the US supreme court.’

The Guardian, 26th April 2022

Source: www.theguardian.com

Helen Anderson: Boyfriend jailed for mother-of-four’s murder – BBC News

Posted April 27th, 2022 in domestic violence, imprisonment, murder, news, sentencing by sally

‘A man has been jailed for life for the murder of a mother-of-four whose body was found in undergrowth by a roadside.’

BBC News, 26th April 2022

Source: www.bbc.co.uk

The “unduly harsh” test considered further by Court of Appeal – EIN Blog

Posted April 27th, 2022 in appeals, criminal justice, deportation, families, human rights, immigration, news, proportionality by sally

‘The question of how to determine whether or not the deportation of a foreign national convicted of criminal offending is a disproportionate interference in the family life that they may share with their partner or child has been explored in a series of cases, including the leading decisions of KO (Nigeria) (Appellant) v Secretary of State for the Home Department [2018] UKSC 53 and HA (Iraq) [2020] EWCA Civ 1176 and has been discussed in detail on the UK Human Rights blog here, here and here.’

EIN Blog, 26th April 2022

Source: www.ein.org.uk

Doctors could soon face action over ‘misleading’ social media posts – The Guardian

Posted April 27th, 2022 in codes of practice, consultations, disciplinary procedures, doctors, internet, news, professional conduct by sally

‘Doctors who share “misleading” information on social media could face regulatory action, according to planned new guidelines.’

The Guardian, 26th April 2022

Source: www.theguardian.com

Case Comment: Her Majesty’s Attorney General v Crosland [2021] UKSC 58 – UKSC Blog

Posted April 27th, 2022 in airports, appeals, attorney general, barristers, climate change, contempt of court, costs, environmental protection, news, Supreme Court by sally

‘Mr Crosland appealed against a decision of the Supreme Court in which he was ordered to pay a fine of £5,000 to HM Paymaster General, and costs of a further £15,000, for contempt of court. The court at first instance (“First Instance Panel”) was satisfied that Mr Crosland committed contempt of court by disclosing the outcome of the court’s judgment in R (on the application of Friends of the Earth) v Heathrow Airport Ltd [2020] UKSC 52 (“Heathrow Judgment”) whilst still in draft and subject to embargo.’

UKSC Blog, 26th April 2022

Source: ukscblog.com

FCA finalises ‘comply or explain’ diversity rules for listed companies – OUT-LAW.com

Posted April 27th, 2022 in codes of practice, company law, diversity, news by sally

‘The UK’s Financial Conduct Authority (FCA) has finalised rules requiring UK listed companies to set out in their annual reports whether they have met board diversity targets.’

OUT-LAW.com, 26th April 2022

Source: www.pinsentmasons.com

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