Month: July 2022

West Sussex council ordered to pay £2,000 to mother of child with special needs – BBC News

Posted July 4th, 2022 in children, compensation, disabled persons, education, learning difficulties, local government, news, ombudsmen, special educational needs by tracey

‘A mother of a child with special needs has been paid £2,000 by a council for failures involving his education, health and care plan. The mother – known as Ms C – turned to the Local Government & Social Care Ombudsman after making a complaint to West Sussex County Council. The ombudsman has upheld her complaint, according to the Local Democracy Reporting Service.’

Full Story

BBC News, 4th July 2022

Source: www.bbc.co.uk

Courts ‘in limbo’ as barristers strike for second week – BBC News

Posted July 4th, 2022 in barristers, criminal justice, fees, government departments, industrial action, news, remuneration by tracey

‘Criminal cases in courts across England and Wales face further disruption as barristers enter a second week of strike action. The walkouts began last week in a long-running dispute over pay and conditions.’

Full Story

BBC News, 4th July 2022

Source: www.bbc.co.uk

New regulations solve cross-border hybrid hearing issues – OUT-LAW.com

Posted July 1st, 2022 in foreign jurisdictions, news, remote hearings, video recordings by tracey

‘New regulations issued this week give courts in England and Wales new powers to permit individuals overseas to watch transmissions of ‘hybrid’ court hearings combining both in-person and remote participants.’

Full Story

OUT-LAW.com, 1st July 2022

Source: www.pinsentmasons.com

FTH v Varis Developments – adjudication and insolvency meet head on again – Practical Law: Construction Blog

Posted July 1st, 2022 in appeals, company law, construction industry, enforcement, insolvency, news, Supreme Court by tracey

‘In its decision in Bresco v Lonsdale, the Supreme Court confirmed that insolvent companies have the statutory and contractual right to adjudicate construction disputes, even if that claim is affected by insolvency set-off.’

Full Story

Practical Law: Construction Blog , 29th June 2022

Source: constructionblog.practicallaw.com

Recent Statutory Instruments – legislation.gov.uk

Posted July 1st, 2022 in legislation by tracey

SI 2022/716 – The Criminal Justice and Courts Act 2015 (Commencement No. 8) Order 2022

SI 2022/711 – The Building Safety (Leaseholder Protections) (England) Regulations 2022

SI 2022/701 – The Solicitors Act 1974 and Administration of Justice Act 1985 (Amendment) Order 2022

SI 2022/743 – The Care and Support (Charging and Assessment of Resources) (Amendment) (No. 2) Regulations 2022

SI 2022/742 – The Gender Recognition (Disclosure of Information) (England) Order 2022

SI 2022/741 – The Local Government (Exclusion of Non-commercial Considerations) (England) Order 2022

SI 2022/739 – The Official Controls (Plant Health) (Frequency of Checks) Regulations 2022

SI 2022/735 – The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022

SI 2022/734 – The Health and Care Act 2022 (Commencement No. 2 and Transitional and Saving Provision) Regulations 2022

SI 2022/730 – The Land Registration (Amendment) Rules 2022

SI 2022/727 – The Goods Vehicles (Licensing of Operators) (Amendment) (No. 2) Regulations 2022

SI 2022/726 – The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2022

SI 2022/725 – The Register of Overseas Entities (Verification and Provision of Information) Regulations 2022

SI 2022/723 – The Registered Pension Schemes (Authorised Member Payments) Regulations 2022SI

SI 2022/720 – The Coasting Schools (England) Regulations 2022

SI 2022/717 – The Parole Board (Amendment) Rules 2022

SI 2022/708 – The Accounts and Audit (Amendment) Regulations 2022

SI 2022/707 – The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022

SI 2022/746 – The Police, Crime, Sentencing and Courts Act 2022 (Consequential Provision) Regulations 2022

SI 2022/724 – The Education (Careers Guidance in Schools) Act 2022 (Commencement) Regulations 2022

SI 2022/721 – The Pension Schemes Act 2021 (Commencement No. 6 and Transitional Provision) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 1st, 2022 in law reports by tracey

Supreme Court

Hastings v Finsbury Orthopaedics Ltd & Anor (Scotland) [2022] UKSC 19 (29 June 2022)

Court of Appeal (Civil Division)

Da Silva v Heselton & Ors (Re Estate of Gladys Dulcie Townsend) [2022] EWCA Civ 880 (30 June 2022)

Baptie v The Royal Borough of Kingston Upon Thames [2022] EWCA Civ 888 (30 June 2022)

D (A Child: Placement Order), Re [2022] EWCA Civ 896 (30 June 2022)

Dwyer (UK Franchising) Ltd v Fredbar Ltd & Anor (Rev1) [2022] EWCA Civ 889 (30 June 2022)

Court of Appeal (Criminal Division)

Peace, R. v [2022] EWCA Crim 879 (29 June 2022)

High Court (Administrative Court)

General Medical Council v Mok [2022] EWHC 1651 (Admin) (29 June 2022)

Brockwell v Westminster Magistrates Court & Anor (Rev1) [2022] EWHC 1662 (Admin) (29 June 2022)

High Court (Chancery Division)

In the Matter of Nostrum Oil & Gas Plc [2022] EWHC 1646 (Ch) (30 June 2022)

Barings (UK) Ltd & Ors v Galapagos SA [2022] EWHC 1633 (Ch) (30 June 2022)

Ocado Group Plc & Anor v McKeeve [2022] EWHC 1663 (Ch) (29 June 2022)

High Court (Commercial Court)

National Iranian Oil Company v Crescent Petroleum Company International Ltd & Anor [2022] EWHC 1645 (Comm) (30 June 2022)

High Court (Patents Court)

Neurim Pharmaceuticals (1991) Ltd & Anor v Teva UK Ltd [2022] EWHC 1641 (Pat) (29 June 2022)

High Court (Technology and Construction Court)

Camelot UK Lotteries Ltd v The Gambling Commission [2022] EWHC 1664 (TCC) (29 June 2022)

Source: www.bailii.org

Lord Hamblen, Keynote Speech – Supreme Court

Posted July 1st, 2022 in barristers, expert witnesses, judges, judiciary, speeches by tracey

‘Lord Hamblen, Keynote Speech. Expert Witness Institute Online Conference 2022.’

Full speech

Supreme Court, 30th June 2022

Source: www.supremecourt.uk

Extra powers for regulators to clamp down on rule-breaking solicitors – Ministry of Justice

Posted July 1st, 2022 in disciplinary procedures, fines, law firms, news, professional conduct, solicitors, Solicitors Regulation Authority by tracey

‘The Solicitors Regulation Authority (SRA) will be given new powers to fine rule-breakers up to £25,000, under measures introduced today (29 June 2022).’

Full Story

Ministry of Justice, 29th June 2022

Source: www.gov.uk

Parole hearings to be heard in public for the first time – Ministry of Justice

Posted July 1st, 2022 in Ministry of Justice, news, parole, victims by tracey

‘Victims, members of the public and the media will be able to ask for a parole hearing to be heard in public for the first time, following law changes being made today (30 June 2022).’

Full Story

Ministry of Justice, 30th June 2022

Source: www.gov.uk

Defendant fined £26k after failing to comply with planning enforcement notices – Local Government Lawyer

Posted July 1st, 2022 in enforcement notices, fines, local government, news, planning by tracey

‘A Wiltshire man has been ordered to pay more than £26,000 after Wiltshire Council prosecuted him for non-compliance with planning enforcement notices at a site in Bromham.’

Full Story

Local Government Lawyer, 29th June 2022

Source: www.localgovernmentlawyer.co.uk

Draft Mental Health Bill now published – Local Government Lawyer

Posted July 1st, 2022 in bills, detention, learning difficulties, mental health, news by tracey

‘Following a commitment given in the Queen’s Speech in May 2022, a draft Mental Health Bill has been brought forward this week (27 June 2022). Alex Ruck Keene sets out the main elements and highlights some key points.’

Full Story

Local Government Lawyer, 1st July 2022

Source: www.localgovernmentlawyer.co.uk

CJC begins process for major reform of costs regime – Legal Futures

Posted July 1st, 2022 in civil justice, consultations, costs, news by tracey

‘A rethought costs system that puts digitisation, vulnerable court users and a properly functioning civil justice system at its heart is the goal of a Civil Justice Council (CJC) working party, which yesterday began consulting on four key areas for possible reform.’

Full Story

Legal Futures, 1st July 2022

Source: www.legalfutures.co.uk

New Law Commission project to review the law on contempt of court – Law Commission

Posted July 1st, 2022 in contempt of court, Law Commission, news by tracey

‘The Law Commission of England and Wales has been asked by the Government to review the law on contempt of court and consider reform to improve its effectiveness, consistency, and coherence.’

Full Story

Law Commission, 28th June 2022

Source: www.lawcom.gov.uk

Football hate crime: CPS vows to use new banning orders – Crown Prosecution Service

Posted July 1st, 2022 in Crown Prosecution Service, football banning orders, hate crime, internet, news, sport by tracey

‘The CPS today vows to use football banning orders to those convicted of online hate crime connected to the game and prevent them from attending matches.’

Full Story

Crown Prosecution Service, 29th June 2022

Source: www.cps.gov.uk

Criminal legal aid fee increases a welcome first step, but next stages critical to rebuilding justice system, says Bar Council – The Bar Council

Posted July 1st, 2022 in barristers, budgets, criminal justice, fees, legal aid, news by tracey

‘The Government has announced the next steps in the criminal legal aid review including a Statutory Instrument to be laid in Parliament by 21 July to bring in a fee increase of 15% for the Advocates’ Graduated Fee Scheme (AGFS – i.e. the fees paid to barristers) from 30 September 2022.’

Full Story

The Bar Council, 30th June 2022

Source: www.barcouncil.org.uk

Home Office ‘undermining immigration watchdog’s legitimacy’ by failing to implement recommendations – The Independent

Posted July 1st, 2022 in asylum, government departments, immigration, news, ombudsmen, refugees by tracey

‘The Home Office risks undermining the immigration watchdog’s legitimacy by failing to implement its recommendations, an official has said.’

Full Story

The Independent, 30th June 2022

Source: www.independent.co.uk

NewsUKHome News Home Office dragged to High Court by Brexit deal watchdog over ‘unlawful’ treatment of EU citizens – The Independent

Posted July 1st, 2022 in brexit, EC law, government departments, immigration, judicial review, news, ombudsmen by tracey

‘The Home Office is being taken to court by a government-sponsored Brexit watchdog over the “unlawful” treatment of 2.5 million EU citizens in the UK. The High Court has confirmed that the Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA), designed to protect the rights of EU nationals in the UK, has been granted permission to proceed with a judicial review claim against the department.’

Full Story

The Independent, 30th June 2022

Source: www.independent.co.uk

UK data watchdog to scale back fines for public bodies – The Guardian

Posted July 1st, 2022 in data protection, fines, news by tracey

‘The UK’s data watchdog is to scale back fines for public bodies after admitting that users of services often bear the brunt of the financial punishment. The Information Commissioner’s Office will continue to issue fines for the most serious cases of data breaches in the public sector, but otherwise it will lean on other powers within its remit such as warnings, reprimands and enforcement notices.’

Full Story

The Guardian, 30th June 2022

Source: www.theguardian.com

Watchdogs condemn police response to domestic abuse claims against officers – The Guardian

Posted July 1st, 2022 in complaints, criminal justice, domestic violence, news, ombudsmen, police, professional conduct, public interest, statistics by tracey

‘Police forces in England and Wales are responding to reports of their own officers committing domestic abuse in a way that is “significantly harming the public interest”, with just 9% of such allegations leading to criminal charges, a joint watchdog investigation has found.’

Full Story

The Guardian, 30th June 2022

Source: www.theguardian.com

Logan Mwangi murder: Mum, stepdad and teen sentenced – BBC News

Posted July 1st, 2022 in child cruelty, children, families, imprisonment, murder, news, perverting the course of justice, sentencing, young offenders by tracey

‘A mother, stepfather and a teenager have been given life sentences for murdering five-year-old Logan Mwangi and dumping his body in a river.’

Full Story

BBC News, 30th June 2022

Source: www.bbc.co.uk