BAILII: Recent Decisions

Posted July 15th, 2022 in law reports by tracey

High Court (Administrative Court)

Bennett & Ors v Director of Public Prosecutions [2022] EWHC 1822 (Admin) (14 July 2022)

Kinnersley, R (On the Application Of) v Maidstone Borough Council [2022] EWHC 1825 (Admin) (14 July 2022)

High Court (Queen’s Bench Division)

Abbott & Ors v Ministry of Defence [2022] EWHC 1807 (QB) (15 July 2022)

Lindsay v O’Loughnane [2022] EWHC 1829 (QB) (14 July 2022)

High Court (Technology and Construction Court)

Martlet Homes Ltd v Mulalley & Co Ltd [2022] EWHC 1813 (TCC) (14 July 2022)

Source: www.bailii.com

New Guidance on Private Life and Relationships with Partner – EIN Blog

Posted July 15th, 2022 in children, families, immigration, news, visas by tracey

‘At the end of June 2022 two new guidances were issued. The newly emerged guidance on private life which came into force on 20th June 2022 and a new policy guidance on relationships with a partner relating to Appendix relationships with partner.’

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EIN Blog, 15th July 2022

Source: www.ein.org.uk

Synod vote on “assisted suicide” – Law & Religion UK

Posted July 15th, 2022 in assisted suicide, Church of England, news, suicide by tracey

‘Following the debate on Dr Simon Eyre’s Private Members’ Motion on Assisted Suicide on 10 July 2022, General Synod voted 289 in favour, 25 against and 33 abstentions; the Church of England issued the Press Release More funding needed for palliative care, General Synod hears, in debate on Assisted Suicide.’

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Law & Religion UK, 12th July 2022

Source: lawandreligionuk.com

Reforming clergy discipline in the Church of England – Law & Religion UK

‘The General Synod of the Church of England has voted in favour of the first steps to legislate for a Clergy Conduct Measure which will replace the Clergy Discipline Measure 2003. The vote follows the publication of the report by the Clergy Conduct Measure Implementation Group, Under Authority Revisited, which sets out proposals for complaints to be allocated into three different tracks, depending on seriousness: “Grievance”, “Allegation of misconduct” and “Allegation of serious misconduct”.’

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Law & Religion UK, 13th July 2022

Source: lawandreligionuk.com

Pensions disputes: Ombudsman clarifies ill health benefit complaints approach – OUT-LAW.com

Posted July 15th, 2022 in complaints, health, news, ombudsmen, pensions by tracey

‘Ill health pensions are frequently the subject of complaints to the UK’s Pensions Ombudsman (PO), who has helpfully explained his role and approach in two recent determinations.’

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OUT-LAW.com, 14th July 2022

Source: www.pinsentmasons.com

Thousands of offenders in work as UK businesses help break cycle of crime – Ministry of Justice

Posted July 15th, 2022 in employment, government departments, news, prisons, recidivists, rehabilitation by tracey

‘Almost 4,000 ex-offenders have been helped into work since the launch of a major drive to increase employment and cut crime.’

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Ministry of Justice, 15th July 2022

Source: www.gov.uk

Judicial diversity – solicitor numbers continue to dwindle – Law Society’s Gazette

Posted July 15th, 2022 in barristers, diversity, judiciary, legal profession, news, solicitors, statistics, women by tracey

‘Latest judicial diversity statistics continue to paint a bleak picture for solicitors, with the percentage of non-barristers in post lower than it was in 2014.’

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Law Society's Gazette, 15th July 2022

Source: www.lawgazette.co.uk

Sheffield City Council repeatedly let down vulnerable woman – ombudsman – BBC News

‘A vulnerable young woman was told by a council investigation she could have stopped the abuse she experienced if she had spoken up sooner.’

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BBC News, 15th July 2022

Source: www.bbc.co.uk

Monmouth: Cyclist jailed for fatal crash with pedestrian – BBC News

Posted July 15th, 2022 in accidents, dangerous driving, imprisonment, news, sentencing, unlawful killing by tracey

‘A cyclist who hit a pedestrian as she walked on a pavement, causing her death, has been jailed for 12 months.’

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BBC News, 15th July 2022

Source: www.bbc.co.uk

Forced adoptions: Call for government apology to mothers – BBC News

Posted July 15th, 2022 in adoption, children, families, human rights, inquiries, news, select committees, women by tracey

‘Hundreds of thousands of unmarried women who were forced to give up their babies for adoption should receive a government apology, a report has said.’

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BBC News, 15th July 2022

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 14th, 2022 in legislation by tracey

SI 2022/790 – The Police Act 1996 (Amendment and Consequential Amendments) Regulations 2022

SI 2022/787 – The Public Service Pensions (Employer Cost Cap and Specified Restricted Scheme) Regulations 2022

SI 2022/784 – The Non-Domestic Rating (Transitional Protection Payments and Rates Retention) (Amendment) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 14th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

CK, Re (A Child: Fact-Finding) [2022] EWCA Civ 952 (13 July 2022)

Source: www.bailii.org

Affordability and intentional homelessness – assessments and guidance – Nearly Legal

Posted July 14th, 2022 in homelessness, housing, local government, news, rent, tax credits by tracey

‘Baptie v The Royal Borough of Kingston Upon Thames (2022) EWCA Civ 888. This was a second appeal, brought by RBKT from a s.204 appeal that had overturned their decision that Ms Baptie was intentionally homeless from a housing association property due to rent arrears. The Council review officer had found “that the rent due to the Housing Association had been affordable for Ms Baptie, but she had failed to claim tax credits to which she was entitled and spent an unreasonable amount on living expenses. On the second point, the officer relied in part on figures contained in guidance issued by the Association of Housing Advice Services (“AHAS”).” (The first decision maker had found intentionality because Ms B was alleged not to have applied for Discretionary Housing Payments. The review officer found on these other grounds.)’

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Nearly Legal, 12th July 2022

Source: nearlylegal.co.uk

Rabbit holes to fall down – Nearly Legal

Posted July 14th, 2022 in harassment, judicial review, landlord & tenant, leases, news, repossession by tracey

‘In case you are in need of distraction from the heat/the tory leadership contest/getting your first, second or third bout of covid/the general state of all things, may I present a small collection of judgments at which to rubberneck. None seem massively important in legal terms, but I can promise at least two or three jaw drops per judgment, and you may find you have spent days down the rabbit holes.’

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Nearly Legal, 12th July 2022

Source: nearlylegal.co.uk

Workplace fatalities data highlights employers’ health and safety duties – OUT-LAW.com

Posted July 14th, 2022 in accidents, employment, health & safety, news, statistics by tracey

‘The latest data on workplace fatalities in Britain should sharpen the focus of employers on ensuring their workplaces are safe environments for both workers and members of the public, a health and safety expert has said.’

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OUT-LAW.com, 13th July 2022

Source: www.pinsentmasons.com

Gama Aviation v MWWMMWM: the problem of contractual formalities and informal novation – Practical Law: Construction Blog

Posted July 14th, 2022 in amendments, contracts, interpretation, news by tracey

‘The problem of what happens when parties do not act in accordance with contractual formalities is a hardy perennial in commercial disputes. Certain instances of the problem are peculiar to the construction industry, notably absent or inadequate notices of events giving rise to time and money, or absent or inadequate payment or pay less notices. Each of these has given rise to complex caselaw. Other instances are common to all commercial contexts. One is the practice of including a “no oral modification” clause in a contract, but then informally agreeing an amendment. This situation has proved sufficiently difficult to require a thorough review and restatement of the law by the Supreme Court in MWB Business Exchange Centres Ltd v Rock Advertising Ltd.’

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Practical Law: Construction Blog, 13th July 2022

Source: constructionblog.practicallaw.com

Parliament’s watchdogs – UCL Constitution Unit

Posted July 14th, 2022 in boundaries, elections, news, parliament, reports, standards by tracey

‘The Constitution Unit publishes the results of a landmark investigation into the independence and accountability of parliament’s watchdogs.’

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UCL Constitution Unit, 12th July 2022

Source: www.ucl.ac.uk

Regulator of Social Housing launches first of its kind investigation into for-profit housing provider – Local Government Lawyer

Posted July 14th, 2022 in financial regulation, housing, news, standards by tracey

‘A housing provider specialising in shared ownership which operates in more than 190 local authority areas in the United Kingdom is under investigation by the Regulator of Social Housing over financial and governance compliance concerns.’

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Local Government Lawyer, 12th July 2022

Source: www.localgovernmentlawyer.co.uk

Kent council fights off JR of caravan removal action – Local Government Lawyer

Posted July 14th, 2022 in children, judicial review, local government, news, travellers by tracey

‘The High Court has rejected a judicial review brought over whether Thanet District Council was right to serve direction notices on people living in caravans at Ramsgate port.’

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Local Government Lawyer, 14th July 2022

Source: www.localgovernmentlawyer.co.uk

BSB to probe if solicitors give clients choice when instructing barristers – Legal futures

‘The Bar Standards Board (BSB) is to gather evidence from solicitors on how they choose a barrister, including whether they offer their clients a choice – or even take account of a client’s views.’

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Legal Futures, 14th July 2022

Source: www.legalfutures.co.uk