Day: 19 August 2022
BAILII: Recent Decisions
Supreme Court
Andrewes, R. v (Rev1) [2022] UKSC 24 (18 August 2022)
Court of Appeal (Civil Division)
High Court (Technology and Construction Court)
Siemens Mobility Ltd v High Speed Two (HS2) Ltd [2022] EWHC 2190 (TCC) (17 August 2022)
Source: www.bailii.org
TCC provides reminder of the meaning of paragraph 9(2) of the Scheme – Practical Law: Construction Blog
‘I appreciate that some of you might be reading this blog on your summer holidays, so you may well have far better things to be doing with your time (ordering another piña colada perhaps?). I will therefore keep the blog short – what might be termed a “blogette”. As one would expect over the summer break, there haven’t been many reported TCC cases recently and so the case I want to discuss today is from June, namely ML Hart Builders Ltd (in liquidation) v Swiss Cottage Properties Ltd, which is a judgment of Mr Roger Ter Haar QC sitting as a deputy High Court judge.’
Practical Law: Construction Blog, 17th August 2022
The Applicable Standard of Care in Cases Involving Medical Negligence Abroad – Ropewalk Clinical Negligence Blog
‘There is a paucity of reported decisions addressing the question of what the applicable standard of care is in cases involving negligent medical treatment carried out outside of the UK. There is considerable authority on the applicable standard of care in cases involving accidents occurring during package holidays to foreign destinations. It is a firmly established principle that the court must consider in the first instance, the local prevailing standards (in the place where the accident occurred) in determining whether there has been a breach of duty. Whilst compliance with local standards is not necessarily determinative (such as in cases where for no justifiable reason, those standards fall so far below internationally accepted or English standards that the court must look to other evidence to determine the appropriate standard); prevailing local standards is a very important signpost (for further discussion see the author’s review of the judgment in TUI v Morgan [2021] PIQR P12. Is the same approach taken by the court in cases involving negligent medical treatment performed abroad? This was an issue that was considered by Foster J in the case of Clarke v Kalecinski [2022] EWHC 488 (QB).
Ropewalk Clinical Negligence Blog, 18th August 2022
Source: www.ropewalk.co.uk
Lord Burrows, Sir Christopher Staughton Memorial Lecture 2022 – Supreme Court
‘Lord Burrows, Sir Christopher Staughton Memorial Lecture 2022’
Supreme Court, 15th August 2022
Source: www.supremecourt.uk
Almost half of repeat knife carriers not jailed despite government pledge – The Independent
‘Offenders caught repeatedly carrying knives are not being jailed in almost half of cases, despite the government’s attempt at a “two-strike” rule for prison sentences.’
The Independent, 18th August 2022
Source: www.independent.co.uk
Transparently clunky – Local Government Lawyer
‘Alex Ruck Keene QC (Hon) analyses recent comments made by Mostyn J and transparency orders before the Court of Protection.’
Local Government Lawyer, 19th August 2022
Source: www.localgovernmentlawyer.co.uk
The role of CIL liability notices and demand notices – Local Government Lawyer
‘Christopher Cant reviews the role played by liability and demand notices in the operation of the Community Infrastructure Levy (CIL) regime and analyses two recent court rulings.’
Local Government Lawyer, 19th August 2022
Source: www.localgovernmentlawyer.co.uk
Priti Patel signs landmark returns deal with Pakistan – Home Office
‘New agreement to remove Pakistani nationals with no legal right to remain in the UK, including criminals, failed asylum seekers and immigration offenders.’
Home Office, 17th August 2022
Source: www.gov.uk
UK Spouse Visa Requirements and How to Apply – Family Law
‘The UK Spouse Visa is for partners of British or Irish citizens, persons with indefinite leave to remain in the UK, refugee leave or humanitarian protection or limited leave to remain under Appendix EU or Appendix ECAA, who wish to join, or stay with, their husband or wife in the UK. You can also apply for a UK Spouse Visa if your Spouse is outside the UK, but is intending to return to the UK with you.’
Family Law, 19th August 2022
Source: www.familylaw.co.uk
Capital Gains Tax: transfers of assets between spouses and civil partners in the process of separating – Family Law
‘The government has published proposals to change the rules that apply to transfers of assets between spouses and civil partners who are in the process of separating. It provides that they be given up to three years in which to make no gain or no loss transfers of assets between themselves when they cease to live together; and unlimited time if the assets are the subject of a formal divorce agreement.’
Family Law, 19th August 2022
Source: www.familylaw.co.uk
Equalities and rights: Conflict and the need for clarity – Attorney General’s Office
‘Attorney General Suella Braverman spoke at Policy Exchange about equalities and human rights.’
Attorney General’s Office, 10th August 2022
Source: www.gov.uk/ago
Diversity concerns as Supreme Court reappoints old guard – Law Society’s Gazette
‘The Supreme Court has appointed two recently-retired judges as justices, which critics have pointed out means that men called David now outnumber women by three to one on the UK’s highest court.’
Law Society’s Gazette, 18th August 2022
Source: www.lawgazette.co.uk
CV fraudster must repay some wages, Supreme Court rules – Law Society’s Gazette
‘A fraudster jailed for falsifying qualifications to secure a top NHS job should have to pay back some of the wages he unlawfully received, the Supreme Court has ruled.’
Law Society's Gazette, 18th August 2022
Source: www.lawgazette.co.uk
Man caught with explosives jailed again after breaching court requirements – The Independent
‘A man previously convicted of possessing an explosive substance has been sent back to prison for breaching court requirements, police say.’
The Independent, 18th August 2022
Source: www.independent.co.uk
Teacher who ran church holiday club jailed for child sex offences after handing himself in 36 years later – The Independent
‘A former school teacher has been jailed for a string of historical sex offences against young girls after he handed himself into police 36 years later.’
The Independent, 16th August 2022
Source: www.independent.co.uk
Fears for vulnerable women amid rise in Britons investigated over illegal abortions by police – The Independent
‘Increasing numbers of Britons are being investigated by police over suspected illegal abortions, new figures show.’
The Independent, 18th August 2022
Source: www.independent.co.uk
Infected Blood victims to receive £100,000 interim compensation payment – gov.uk
‘Thousands of victims of the infected blood scandal will each receive an interim compensation payment of £100,000.’
gov.uk, 17th August 2022
Source: www.gov.uk
Kwarteng blocks takeover of Pulsic by Hong Kong rival over security concerns – The Guardian
‘The UK has blocked the takeover of an electronic design company by a Hong Kong rival over national security concerns, in the latest sign of growing British anxiety about Chinese investment.’
The Guardian, 18th August 2022
Source: www.theguardian.com
Fine for Apley fly-tipper linked to Amazon package – BBC News
‘A resident has been given a £400 fly-tipping fine after an empty Amazon package found among dumped rubbish was traced back to them.’
BBC News, 19th August 2022
Source: www.bbc.co.uk
