Claimant wins judicial review challenge over “unlawful” level of Care Act support – Local Government Lawyer

Posted November 18th, 2022 in autism, carers, disabled persons, duty of care, judicial review, local government, news by tracey

‘An autistic woman has succeeded in a claim for judicial review against the London Borough of Croydon after a deputy High Court judge ruled that the council had failed to meet her needs contrary to the requirements of the Care Act 2014.’

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Local Government Lawyer, 17th November 2022

Source: www.localgovernmentlawyer.co.uk

ICO reprimand for misuse of children’s data: a proportionate response or a let off? – Local Government Lawyer

‘Last week, the Department for Education received a formal reprimand from the Information Commissioner’s Office (ICO) over a “serious breach” of the GDPR involving the unauthorised sharing of up to 28 million children’s personal data. But the Department has avoided a fine, despite a finding of “woeful” data protection practices. Ibrahim Hasan reports.’

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Local Government Lawyer, 18th November 2022

Source: www.localgovernmentlawyer.co.uk

Injunctions in the Court of Protection – Local Government Lawyer

Posted November 18th, 2022 in appeals, Court of Protection, families, injunctions, local government, news by tracey

‘Simon Lindsay and Ruth Atkinson-Wilks explore injunctions in the Court of Protection and examine a helpful tool for giving effect to best interests decisions.’

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Local Government Lawyer, 18th November 2022

Source: www.localgovernmentlawyer.co.uk

Ex-police officer jailed after arriving to meet ‘15-year-old’ in KFC car park – The Independent

‘An ex-police officer has been jailed after he was caught by an undercover agent arranging to meet a 15-year-old girl at KFC with condoms and lube.’

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The Independent, 18th November 2022

Source: www.independent.co.uk

Woman banned from Primark after ripping worker’s shirt for ‘flirting’ – The Independent

Posted November 18th, 2022 in assault, community service, compensation, criminal damage, news, sentencing by tracey

‘A woman has been banned from Primark after assaulting a staff member for “flirting” with a colleague she found attractive.’

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The Independent, 15th November 2022

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 17th, 2022 in legislation by tracey

SI 2022/1183 – The Money Laundering and Terrorist Financing (High-Risk Countries) (Amendment) (No. 3) Regulations 2022

SI 2022/1182 – The Ammonium Nitrate Materials (High Nitrogen Content) Safety (Amendment) (No. 2) Regulations 2022

SI 2022/1181 – The Employment Tribunals Act 1996 (Application of Conciliation Provisions) Order 2022

SI 2022/1171 – The Housing (Right to Buy) (Designated Rural Areas and Designated Regions) (England) Order 2022

SI 2022/1186 – The Subsidy Control (Gross Cash Amount and Gross Cash Equivalent) Regulations 2022

SI 2022/1185 – The Stamp Duty Land Tax (Service of Documents) Regulations 2022

SI 2022/1189 – The National Health Service (NHS Payment Scheme – Consultation) Regulations 2022

SI 2022/1173 – The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2022

SI 2022/1169 – The Merchant Shipping (Nuclear Ships) Regulations 2022

SI 2022/1191 – The Higher Education (Investigation Fees) (England) Regulations 2022

SI 2022/1187 – The Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 4 and Transitional Provisions) and Road Traffic Offenders Act 1988 (Commencement No. 1) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 17th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

Burnford & Ors v Automobile Association Developments Ltd [2022] EWCA Civ 1943 (14 November 2022)

Court of Appeal (Criminal Division)

Pike v R. [2022] EWCA Crim 1501 (14 November 2022)

High Court (Administrative Court)

Hardcastle, R (On the Application Of) v BDW Trading Ltd (t/a David Wilson Homes South
Midlands) [2022] EWHC 2905 (Admin) (16 November 2022)

P, R (On the Application Of) v London Borough of Croydon [2022] EWHC 2886 (Admin) (15 November 2022)

El Diwany v Solicitors Regulation Authority Ltd [2022] EWHC 2882 (Admin) (15 November 2022)

HM Solicitor General v Millinder [2022] EWHC 2832 (Admin) (11 November 2022)

Nikolov v Regional Prosecutor’s Office – Pazardzhik (Bulgaria) [2022] EWHC 2877 (Admin) (11 November 2022)

High Court (Chancery Division)

Brake & Anor v Guy & Ors (Costs) [2022] EWHC 2907 (Ch) (16 November 2022)

Genius Sports Technology Ltd & Ors v Genius Sports Asia PTE Ltd & Ors [2022] EWHC 2903 (Ch) (15 November 2022)

Hurst v Green & Ors [2022] EWHC 2895 (Ch) (15 November 2022)

Chedington Events Ltd v Brake & Anor [2022] EWHC 2880 (Ch) (15 November 2022)

Gill v Thind & Ors [2022] EWHC 2872 (Ch) (14 November 2022)

High Court (Commercial Court)

Evans v Muxworthy & Anor [2022] EWHC 2866 (Comm) (11 November 2022)

High Court (King’s Bench Division)

Riley v Sivier [2022] EWHC 2891 (KB) (16 November 2022)

High Court (Technology and Construction Court)

Northumbrian Water Ltd v Doosan Enpure & Anor [2022] EWHC 2881 (TCC) (14 November 2022)

Source: www.bailii.org

Building Safety Act 2022: changing the rules on the landlord and tenant relationship – Practical Law: Construction Blog

‘The Building Safety Act 2022 (BSA 2022) creates a whole new world of building safety regulation and litigation. A key legislative objective was to regulate and direct responsibility for the cost of works to remedy building safety issues, so that the risk of such costs could no longer be the subject of agreement between landlord and tenant, but would (in defined circumstances) be apportioned in advance, by law, to the landlord.’

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Practical Law: Construction Blog, 16th November 2022

Source: constructionblog.practicallaw.com

Law Commission seeks views on decentralised autonomous organisations (DAOs) – Law Commission

‘The Law Commission has launched a call for evidence asking users and other experts for information about how decentralised autonomous organisations – DAOs – can be characterised, and how the law of England and Wales might accommodate them now and in the future.’

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Law Commission, 16th November 2022

Source: www.lawcom.gov.uk

Gang leader avoids an extra seven years in prison by paying back the proceeds of his part in a dirty cash laundering operation – Crown Prosecution Service

‘A well-known criminal gang leader has avoided another seven years being added onto his seven-year prison sentence after paying back £1,243,270.75, of his ill-gotten gains from a money laundering operation.’

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Crown Prosecution Service, 14th November 2022

Source: www.cps.gov.uk

Research briefing: Seafarers’ Wages Bill [HL] 2022-23 – House of Commons Library

Posted November 17th, 2022 in bills, employment, news, remuneration, shipping law, ships by tracey

‘This briefing will discuss the Government’s Bill to ensure seafarers with close ties to the UK are paid at least an equivalent to the UK national minimum wage while they are in UK waters.’

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House of Commons Library , 14th November 2022

Source: commonslibrary.parliament.uk

Research Briefing: Voter ID – House of Commons Library

Posted November 17th, 2022 in elections, fraud, identification, identity cards, news, parliament by tracey

‘The Elections Act 2022 will introduce the requirement to show photo ID at UK Parliamentary elections, police and crime commissioner elections and at local elections in England. This briefing looks at the background to voter ID in the UK.’

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House of Commons Library , 14th November 2022

Source: commonslibrary.parliament.uk

Research Briefing: The Supported Housing (Regulated Oversight) Bill 2022-23 – House of Commons Library

Posted November 17th, 2022 in benefits, bills, housing, landlord & tenant, local government, news, parliament by tracey

‘Bob Blackman’s Private Members Bill will receive its second reading on 18 November 2022. This paper explains how the bill aims to strengthen regulation of supported exempt housing in England.’

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House of Commons Library , 15th November 2022

Source: commonslibrary.parliament.uk

Prenatal paternity testing for court: your questions answered – Family Law Week

Posted November 17th, 2022 in children, DNA, expert witnesses, families, family courts, forensic science, news by tracey

‘Casey Randall, Head of DNA at AlphaBiolabs, answers some of the most common questions about prenatal paternity testing for legal matters.’

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Family Law Week, 14th November 2022

Source: www.familylawweek.co.uk

Alcohol monitoring technology: what you need to know – Family Law Week

Posted November 17th, 2022 in alcohol abuse, alcoholism, electronic monitoring, families, family courts, news by tracey

‘Rachel Davenport, Co-founder and Director at AlphaBiolabs, discusses alcohol monitoring technology, and how it can be used to evidence levels and patterns of alcohol consumption or sobriety.’

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Family Law Week, 14th November 2022

Source: www.familylawweek.co.uk

British Army soldier convicted of sexually assaulting colleague on night out – The Independent

Posted November 17th, 2022 in armed forces, courts martial, harassment, news, sexual offences by tracey

‘A British Army soldier has been convicted of sexually assaulting a colleague after he groped her breast and slid his hand up her skirt during a night out.’

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The Independent, 16th November 2022

Source: www.independent.co.uk

Manchester youth leader jailed over ‘conspiracy’ texts denied permission to appeal – The Guardian

‘A youth leader who addressed MPs in parliament has been denied permission to appeal against the eight-year sentence he was given for sending text messages as part of a violent conspiracy.’

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The Guardian, 16th November 2022

Source: www.theguardian.com

Leicestershire Police needs to improve staff vetting, report says – BBC News

Posted November 17th, 2022 in news, police by tracey

‘Inspectors have said Leicestershire Police needs to improve the way it monitors decisions on vetting its officers and police staff.’

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BBC News, 17th November 2022

Source: www.bbc.co.uk

Sex education: Wales’ curriculum legal challenge launched – BBC News

‘Campaigners have taken the Welsh government to court over sex education lessons they claim give prominence to LGBTQ+ themes.’

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BBC News, 16th November 2022

Source: www.bbc.co.uk

Supreme Court to rule on indyref2 powers next week – BBC News

Posted November 16th, 2022 in devolution issues, news, parliament, referendums, Scotland, Supreme Court by sally

‘The Supreme Court will deliver its judgement next Wednesday on whether the Scottish Parliament can hold a second independence referendum without Westminster’s approval.’

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BBC News, 16th November 2022

Source: www.bbc.co.uk