Recent Statutory Instruments – legislation.gov.uk

Posted November 30th, 2022 in legislation by tracey

SI 2022/1230 – The Police, Fire and Crime Commissioner for Cumbria (Fire and Rescue Authority) Order 2022

SI 2022/1250 – The State Pension Debits and Credits (Revaluation) Order 2022

SI 2022/1243 – The Income Tax (Pay As You Earn) (Amendment) Regulations 2022

SI 2022/1249 – The Public Interest Disclosure (Prescribed Persons) (Amendment) (No. 2) Order 2022

SI 2022/1219 – The Merchant Shipping (High Speed Craft) Regulations 2022

SI 2022/1218 – The Merchant Shipping (Additional Safety Measures for Bulk Carriers) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 30th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

Mastercard Incorporated & Ors v Merricks [2022] EWCA Civ 1568 (29 November 2022)

Cooper v The Freedom Travel Group Ltd [2022] EWCA Civ 1557 (25 November 2022)

Crowter & Anor, R (On the Application Of) v The Secretary of State for Health And Social Care [2022] EWCA Civ 1559 (25 November 2022)

High Court (Administrative Court)

Selevicius, R (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 3022 (Admin) (28 November 2022)

Save Britain’s Heritage, R (On the Application Of) v Herefordshire County Council [2022] EWHC 2984 (Admin) (25 November 2022)

Murtagh v Secretary of State for Levelling Up, Housing and Communities [2022] EWHC 2991 (Admin) (25 November 2022)

Hexpress Healthcare Ltd, R (On the Application Of) v Care Quality Commission [2022] EWHC 2943 (Admin) (25 November 2022)

High Court (Chancery Division)

Perez v Equiom Trust Corporation (UK) Ltd & Anor [2022] EWHC 2996 (Ch) (29 November 2022)

Angelic Interiors Ltd (In Administration), Re (Rev1) [2022] EWHC 2974 (Ch) (29 November 2022)

Andrew v Royal Devon And Exeter NHS Foundation Trust [2022] EWHC 2992 (Ch) (28 November 2022)

Patley Wood Farm LLP & Ors v Kicks & Ors [2022] EWHC 2973 (Ch) (25 November 2022)

Moorgate Industries UK Ltd v Mittal & Anor [2022] EWHC 3009 (Ch) (25 November 2022)

Lehman Brothers International (Europe) (In Administration) & Ors, Re [2022] EWHC 2995 (Ch) (25 November 2022)

Durose & Ors v Tagco BV & Ors [2022] EWHC 3000 (Ch) (25 November 2022)

High Court (Commercial Court)

Qatar Investment & Projects Development Holding Co & Anor v John Eskenazi Ltd & Anor [2022] EWHC 3023 (Comm) (29 November 2022)

Frangou v Frangos [2022] EWHC 3031 (Comm) (29 November 2022)

LMN v Bitflyer Holdings Inc & Ors [2022] EWHC 2954 (Comm) (29 November 2022)

Last Bus Ltd (t/a Dublin Coach) v Dawsongroup Bus And Coach Ltd & Anor [2022] EWHC 2971 (Comm) (28 November 2022)

Buheiry v VistaJet Ltd [2022] EWHC 2998 (Comm) (25 November 2022)

CW & CG Claims Ltd v Clarkewood Ltd & Anor [2022] EWHC 2959 (Comm) (25 November 2022)

High Court (Family Division)

A & Anor v B & Anor [2022] EWHC 2962 (Fam) (23 November 2022)

High Court (King’s Bench Division)

Parsons v Garnett & Ors [2022] EWHC 3017 (KB) (28 November 2022)

Carr v G4S Care and Justice Services (UK) Ltd [2022] EWHC 3003 (KB) (25 November 2022)

Idnekpoma v Amazon UK Services Ltd [2022] EWHC 3010 (KB) (25 November 2022)

Gooderson v Qureshi [2022] EWHC 2977 (KB) (25 November 2022)

Brown v G & K Manson Ltd [2022] EWHC 3004 (KB) (24 November 2022)

Source: www.bailii.org

One for all: SRA regulation for staff – Kingsley Napley Employment Law Blog

‘All those who work in law firms, not just lawyers, are liable to sanction by both their employer and the SRA for acts of misconduct…’

Full Story

Kingsley Napley Employment Law Blog, 29th November 2022

Source: www.kingsleynapley.co.uk

MoJ: Number of unrepresented claimants is not measure of OIC success – Legal Futures

‘The fact that fewer than 10% of claimants use the Official Injury Claim (OIC) portal without legal representation does not mean the system has failed to deliver, the government said yesterday.’

Full Story

Legal Futures, 30th November 2022

Source: www.legalfutures.co.uk

Mastercard fails to throw out class of ‘dead claimants’ – Law Society’s Gazette

Posted November 30th, 2022 in appeals, banking, class actions, competition, news by sally

‘Court of Appeal judges today unanimously dismissed an appeal against the landmark decision this year to allow about three million now deceased people to continue to be part of a mammoth group action against Mastercard. The ruling concludes a six-year struggle to get the collective proceedings certified in the Competition Appeal Tribunal.’

Full Story

Law Society's Gazette, 29th November 2022

Source: www.lawgazette.co.uk

Colin Murray: A New Period of “Indirect” Direct Rule – The Northern Ireland (Executive Formation etc) Bill – UK Constitutional Law Association

‘Only a few short months on from the passing of the Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022 and legislation is once again before Westminster to amend the Northern Ireland Act 1998 – as everyone knew that it would be. One of the key innovations in the 2022 Act, belatedly giving effect to a proposal in the New Decade, New Approach Agreement of January 2020, was that during its 24-week post-election period Northern Ireland Executive ministers would continue to hold office and take decisions within their remit. This period prevented what Lord Bingham referred to in Robinson as a “persisting vacuum in the conduct of devolved government” (para 15). Its extended duration under the 2022 legislation was intended to provide a sufficient window after an election for a new power sharing administration to be formed, but to keep a count-down to new elections in place to focus Northern Ireland’s major parties towards that end. This arrangement, however, has proven no more effective as an impetus than the terms that it replaced.’

Full Story

UK Constitutional Law Association, 29th November 2022

Source: ukconstitutionallaw.org

Calls for UK ban on pre-payment meter installations made under court warrants – The Guardian

Posted November 30th, 2022 in consumer protection, debts, energy, news by sally

‘Campaigners have called for an immediate ban on pre-payment meter (PPM) installations made under court warrants because of fears that energy suppliers are using them to disconnect the poorest, most indebted customers “by the back door”.’

Full Story

The Guardian, 29th November 2022

Source: www.theguardian.com

‘Deeply unjust’ postcode lottery putting lives of domestic abuse victims at risk – The Independent

Posted November 30th, 2022 in bills, domestic violence, news, reports, statistics, victims by sally

‘The Domestic Abuse Commissioner has warned a “deeply unjust” postcode lottery is putting the lives of victims at risk in a report that maps services nationally for the first time ever.’

Full Story

The Independent, 29th November 2022

Source: www.independent.co.uk

Offences Against Match Officials: Where to Draw the Line? – Football Law

Posted November 30th, 2022 in assault, disciplinary procedures, interpretation, news, sport by sally

‘What constitutes an “assault” in the FA Disciplinary Regulations? Where is the line to be drawn within the FA Disciplinary Regulations between an “assault” and the lesser offence of “physical contact”? A recent decision of an FA Appeal Board has provided some much-needed clarity addressing these questions insofar as they relate to offences against match officials as outlined in paragraph 96 of the FA Disciplinary Regulations, Part D – On-Field Regulations, Section 3 (“OFR, Section 3”).’

Full Story

Football Law, November 2022

Source: www.footballlaw.co.uk

Chris Himsworth: Referendum Bill Consequentials – UK Constitutional Law Association

‘At paras 56-57 of their judgment, the court in Reference by the Lord Advocate of devolution issues ([2022] UKSC 31) declared: “The central issue is whether legislation for a referendum on Scottish independence would relate to a reserved matter…. The critical question is accordingly whether the proposed Bill would relate to the Union of the Kingdoms of Scotland and England or the Parliament of the United Kingdom”.’

Full Story

UK Constitutional Law Association, 29th November 2022

Source: ukconstitutionallaw.org

New Legal Duty to Require Local Bodies to Consider How Decision-Making Impacts Members of Armed Forces Community – Local Government Lawyer

Posted November 30th, 2022 in armed forces, government departments, local government, news, statutory duty by sally

‘Councils, NHS trusts and other local bodies will be required to consider how their decision-making impacts upon members of the Armed Forces community, under a new duty introduced last week (22 November).’

Full Story

Local Government Lawyer, 28th November 2022

Source: www.localgovernmentlawyer.co.uk

Chelsea Bridge death: family bring test case against police watchdog – The Guardian

‘The family of Oladeji Omishore, who drowned in June shortly after he was shot with a stun gun by police, are taking the police watchdog to the high court in a test case, accusing them of failing to properly investigate the officers involved.’

Full Story

The Guardian, 28th November 2022

Source: www.theguardian.com

11-month High Court injunction granted to deter unlawful M25 protests – The Independent

Posted November 29th, 2022 in demonstrations, environmental protection, injunctions, news, roads by sally

‘A new injunction granted by the High Court and lasting almost a year could see Just Stop Oil activists face fresh penalties for demonstrating on the M25.’

Full Story

The Independent, 28th November 2022

Source: www.independent.co.uk

Senior media figures call for law to stop oligarchs silencing UK journalists – The Guardian

Posted November 29th, 2022 in bills, freedom of expression, media, news, public interest by sally

‘A coalition of senior journalists and editors from across the political spectrum is calling on the justice secretary, Dominic Raab, to back a proposed law to tackle the global super-rich’s use of “abusive legal tactics to shut down investigations”.’

Full Story

The Guardian, 29th November 2022

Source: www.theguardian.com

Salting the Bird’s Tail? The Online Safety Bill -v- Musk’s Twitter – UK Human Rights Blog

Posted November 29th, 2022 in bills, freedom of expression, internet, news by sally

‘The Online Safety Bill approaches free speech from a different context. If “democratic functioning” covers one side of the “freedom of speech coin”, then the other-side is illustrated by the tragic death of Molly Russell. Molly was a teenager who died of self-harm following the negative effects of online content, a recent investigation has concluded. This is the perspective from which the Online Safety Bill seeks to impose obligations on social media sites to protect users from harmful content.’

Full Story

UK Human Rights Blog, 28th November 2022

Source: ukhumanrightsblog.com

Tenants face homelessness as no-fault eviction threat up 76% – Local Government Lawyer

Posted November 29th, 2022 in homelessness, landlord & tenant, news, repossession by sally

‘There has been a 76% jump in the number of no-fault eviction notices issued by landlords, putting tenants at a higher risk of becoming homeless, government data has revealed.’

Full Story

Local Government Lawyer, 28th November 2022

Source: www.localgovernmentlawyer.co.uk

Online Safety Bill: Plan to make big tech remove harmful content axed – BBC News

Posted November 29th, 2022 in bills, children, hate crime, internet, news by sally

‘Controversial measures which would have forced big technology platforms to take down legal but harmful material have been axed from the Online Safety Bill.’

Full Story

BBC News, 29th November 2022

Source: www.bbc.co.uk

Logan Mwangi – the Child Practice Review and the family courts – Transparency Project

‘This blog post will not go into detail about the distressing history of five year old Logan Mwangi, with which we are all too familiar through media coverage of the trial of the three people who were responsible for his death. An impression had been given at that time that possibly Logan had been let down by the family courts. It is now possible to learn a little about the court involvement – or lack of involvement.’

Full Story

Transparency Project, 27th November 2022

Source: transparencyproject.org.uk

Nine in ten councils report backlog in planning enforcement cases amid 43% drop in spending on planning as a whole – Local Government Lawyer

Posted November 29th, 2022 in delay, enforcement, local government, news, planning, reports, statistics by sally

‘A £364m reduction in yearly local authority spending on planning has led to “major challenges in resourcing, skills and performance” for planning authorities, new research has revealed.’

Full Story

Local Government Lawyer, 28th November 2022

Source: www.localgovernmentlawyer.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 28th, 2022 in legislation by tracey

SI 2022/1229 – The Occupational Pensions (Revaluation) Order 2022

SI 2022/1228 – The Trade Union Act 2016 (Commencement No. 5) Regulations 2022

Source: www.legislation.gov.uk