Month: August 2022

BAILII: Recent Decisions

Posted August 8th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

W-A (Children : Foreign Conviction) [2022] EWCA Civ 1118 (05 August 2022)

High Court (Chancery Division)

Petropavlovsk Plc, Re [2022] EWHC 2097 (Ch) (05 August 2022)

High Court (Commercial Court)

XL Insurance Company SE v IPORS Underwriting Ltd & Ors [2022] EWHC 2093 (Comm) (05 August 2022)

High Court (Technology and Construction Court)

IBM United Kingdom Ltd v LZLABS GmbH & Ors [2022] EWHC 2094 (TCC) (05 August 2022)

Source: www.bailii.org

Solicitors’ agents and rights of audience – appeal decision – Nearly Legal

Posted August 8th, 2022 in advocacy, appeals, law firms, legal representation, news, rights of audience, solicitors by tracey

‘This is an issue that has come up here a few times (eg this post and this post) – the rights of audience of people who do not have a right of audience in their own right, but attend hearings to carry out advocacy. Now we have a County Court detailed appeal decision on the issue (not binding, but as an appeal to a circuit judge, of persuasive value).’

Full Story

Nearly Legal, 7th August 2022

Source: nearlylegal.co.uk

High Court judge issues mandatory order requiring London borough to secure suitable accommodation for family within 12 weeks – Local Government Lawyer

Posted August 8th, 2022 in children, disabled persons, homelessness, housing, local government, London, news by tracey

‘The London Borough of Lambeth has been told by the High Court to find accommodation for a family within 12 weeks even though the applicant wishes to live outside the borough.’

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Local Government Lawyer, 4th August 2022

Source: www.localgovernmentlawyer.co.uk

Claim against law firm lost by court still thrown out for late service – Legal Futures

Posted August 8th, 2022 in law firms, negligence, news, service, time limits by tracey

‘The High Court has upheld a decision to throw out a negligence claim against a law firm because it was served too late – even though the court had actually lost the claim.’

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Legal Futures, 8th August 2022

Source: www.legalfutures.co.uk

Islamic Marriage and the Legal System: Mahr/Dowr – Family Law

Posted August 8th, 2022 in families, Islam, islamic law, marriage, news by tracey

‘Tahir Khan, barrister, provides some useful legal and practical guidance on Islamic mahr/dower and its validity and recognition under English Law, together with some of the challenges and difficulties that face practitioners when confronted with such matters.’

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Family Law, 4th August

Source: www.familylaw.co.uk

Attorney General’s Guidance on Legal Risk – Attorney General’s Office

Posted August 8th, 2022 in attorney general, civil servants, codes of practice, government departments, legal services, news by tracey

‘This Attorney General’s Guidance is for lawyers advising on lawfulness and legal risk in Government. It explains the common framework to assess risk across the Government Legal Profession.’

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Attorney General's Office, 2nd August 2022

Source: www.gov.uk

Law Commission to undertake review of the appeals system – Law Commission

Posted August 8th, 2022 in appeals, attorney general, Criminal Cases Review Commission, criminal justice, Crown Court, Law Commission, news by tracey

‘The Law Commission of England and Wales has launched a wide-ranging review of the laws governing appeals for criminal cases.’

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Law Commission, 5th August 2022

Source: www.lawcom.gov.uk

Costs in lower-value clin neg cases ‘far exceed damages’ – Law Society’s Gazette

Posted August 8th, 2022 in consultations, costs, damages, doctors, negligence, news by tracey

‘Doctors’ representatives in clinical negligence cases have claimed that average costs far outstrip the compensation secured for cases worth less than £25,000.’

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Law Society's Gazette, 5th August 2022

Source: www.lawgazette.co.uk

Lincoln Covid loan abuser gets 10-year business ban – BBC News

Posted August 8th, 2022 in company directors, coronavirus, insolvency, loans, news by tracey

‘A Lincoln student has been banned from running a company for 10 years after abusing a Covid recovery loan.’

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BBC News, 8th August 2022

Source: www.bbc.co.uk

Ex-BBC DJ guilty of stalking Jeremy Vine and other former colleagues – The Independent

Posted August 8th, 2022 in BBC, harassment, news, stalking by tracey

‘An ex-BBC presenter has been found guilty of stalking Jeremy Vine and other former colleagues.’

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The Independent, 6th August 2022

Source: www.independent.co.uk

Infected blood scandal victims in line to get £100,000 – BBC News

Posted August 8th, 2022 in blood products, compensation, government departments, HIV, inquiries, news, victims by tracey

‘Payments of £100,000 will be made to victims of the contaminated blood scandal, the government is expected to announce this week.’

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BBC News, 7th August 2022

Source: www.bbc.co.uk

Charity Commission opens compliance case into donor to the Prince’s Trust – The Guardian

Posted August 8th, 2022 in charities, Charity Commission, loans, news, royal family by tracey

‘The Charity Commission has opened a compliance case into one of the key donors to Prince Charles’s charity after it emerged it had been funded by unsecured loans.’

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The Guardian, 7th August 2022

Source: www.theguardian.com

Sizewell C nuclear plant approval faces legal challenge – The Guardian

Posted August 8th, 2022 in climate change, energy, environmental protection, judicial review, news, nuclear power, nuclear waste, planning, water by tracey

‘Campaigners have begun a legal challenge against the government’s decision to give the Sizewell C nuclear power station the go-ahead amid warnings that UK nuclear plants will be on the frontline of climate breakdown.’

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The Guardian, 8th August 2022

Source: www.theguardian.com

Child Q: Schoolgirl strip-search not isolated issue, police data suggests – BBC News

Posted August 8th, 2022 in children, news, police, race discrimination, school children, statistics by tracey

‘The strip-search of a black girl by police at school in east London was not an isolated case, England’s children’s commissioner has said.’

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BBC News, 8th August 2022

Source: www.bbc.co.uk

CPS sets out the law on street-based sexual harassment – Crown Prosecution Service

Posted August 8th, 2022 in Crown Prosecution Service, harassment, news, public order, sexual offences, voyeurism, women by tracey

‘Street harassment such as cyber-flashing, up-skirting or the exposure of genitals in a public place are crimes which can and will be prosecuted the CPS has stressed, as new legal guidance is published today.’

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Crown Prosecution Service, 8th August 2022

Source: www.cps.gov.uk

Ombudsman finds severe maladministration at housing association over failings in response to silverfish infestation – Local Government Lawyer

Posted August 5th, 2022 in compensation, housing, landlord & tenant, local government, maladministration, news, ombudsmen, repairs by tracey

‘The Housing Ombudsman has found severe maladministration at housing association Metropolitan Thames Valley (MTVH) over its failings in responding to a silverfish infestation at a resident’s flat.’

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Local Government Lawyer, 4th August 2022

Source: www.localgovernmentlawyer.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted August 5th, 2022 in legislation by tracey

SI 2022/886 – The Universal Credit (Administrative Earnings Threshold) (Amendment) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted August 5th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

Revenue And Customs v Murphy [2022] EWCA Civ 1112 (04 August 2022)

Court of Appeal (Criminal Division)

Magson, R. v [2022] EWCA Crim 1064 (29 July 2022)

High Court (Administrative Court)

Save North St Albans Green Belt & Ors, R (On the Application Of) v Hunston Properties Ltd & Ors [2022] EWHC 2087 (Admin) (04 August 2022)

High Court (Chancery Division)

Ocado Group Plc & Anor v McKeeve [2022] EWHC 2079 (Ch) (03 August 2022)

High Court (Queen’s Bench Division)

Pistachios In the Park Ltd & Anor v Sharn Panesar Ltd [2022] EWHC 2088 (QB) (03 August 2022)

Source: www.bailii.org

English courts increasingly grappling with complex crypto disputes – OUT-LAW.com

Posted August 5th, 2022 in company directors, company law, cryptocurrencies, dispute resolution, news by tracey

‘The English courts have adapted quickly to increasingly complex disputes involving crypto assets, a legal expert has said, following a recent ruling in a dispute over the ownership of an account worth roughly £30 million.’

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OUT-LAW.com, 5th August 2022

Source: www.pinsentmasons.com

High Court judge issues ruling on fairness of age assessment procedure – Local Government Lawyer

Posted August 5th, 2022 in asylum, children, immigration, local government, news, social services by tracey

‘The High Court has found against the London Borough of Brent in a case concerning the age of an asylum seeker even though Mr Justice Swift said the council’s conduct was “not an error of the most serious nature”.’

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Local Government Lawyer, 4th August 2022

Source: www.localgovernmentlawyer.co.uk