December 2022 – Page 2 – Current Awareness

Court allows costs challenge by client ‘not informed’ about options – Law Society’s Gazette

Posted December 19th, 2022 in costs, damages, news, personal injuries, solicitors, time limits by tracey

‘The High Court has ruled that a costs bill can be challenged after the one-year time limit for requesting detailed assessment. In Menzies v Oakwood Solicitors, Mr Justice Bourne said Leeds firm Oakwood Solicitors had not made clear to a former client the procedure for objecting to the deduction of costs from his damages. Payment was therefore not effected by a settlement of account and a challenge could still be made.’

Law Society's Gazette, 16th December 2022

Source: www.lawgazette.co.uk

Maternity scandal victims join fight against fixed costs – Law Society’s Gazette

Posted December 19th, 2022 in birth, children, costs, families, hospitals, negligence, news by tracey

‘A powerful new lobby has joined the fight to stop the government capping costs for clinical negligence claims worth less than £25,000. Some 28 families involved in the Shrewsbury and Telford maternity scandal have signed an open letter to health secretary Steve Barclay opposing the proposals.’

Law Society's Gazette, 19th December 2022

Source: www.lawgazette.co.uk

Braverman acting unlawfully over asylum seeker support, high court finds – The Guardian

Posted December 19th, 2022 in asylum, benefits, government departments, immigration, news, refugees by tracey

‘The home secretary is acting unlawfully in failing to ensure the rate of support for more than 50,000 asylum seekers is adequate by not implementing an increase of almost £5 a week recommended by officials, the high court has found.’

The Guardian, 17th December 2022

Source: www.theguardian.com

Poor state of English and Welsh courts worsening backlog, says Law Society – The Guardian

Posted December 19th, 2022 in courts, delay, Law Society, news, solicitors by tracey

‘Broken heating, sewage, mould, asbestos and leaking toilets and roofs are among the problems encountered by solicitors in courts in England and Wales, a survey by the Law Society has found.’

The Guardian, 19th December 2022

Source: www.theguardian.com

Anglesey: ‘Lavish life’ couple in fraud case sentenced – BBC News

Posted December 19th, 2022 in fraud, imprisonment, money laundering, news, sentencing by tracey

‘A husband and wife who lived a “lavish lifestyle” with other people’s money have been sentenced for their part in a multi-million pound fraud.’

BBC News, 17th December 2022

Source: www.bbc.co.uk

Manchester Arena attack: Martyn’s Law for venue security to cover all of UK – BBC News

Posted December 19th, 2022 in crime prevention, families, local government, news, terrorism, victims by tracey

‘New legislation will be introduced to tighten security at venues in the wake of the Manchester Arena bombing. The new rules, dubbed Martyn’s Law, will cover all of the UK and require venues and local authorities to have preventative action plans against terror attacks, the government said.’

BBC News, 19th December 2022

Source: www.bbc.co.uk

Statutory Instruments – legislation.gov.uk

Posted December 16th, 2022 in legislation by tracey

SI 2022/1345 – The Short-term Holding Facility (Amendment) Rules 2022

SI 2022/1344 – The Inter-American Investment Corporation (Immunities and Privileges) Order 2022

SI 2022/1343 – The Designation of Rural Primary Schools (England) Order 2022

SI 2022/1338 – The Russia (Sanctions) (Overseas Territories) (Amendment) (No. 4) Order 2022

SI 2022/1336 – The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Order 2022

SI 2022/1335 – The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022

SI 2022/1334 – The Merchant Shipping (Control of Harmful Anti-Fouling Systems on Ships) Order 2022

SI 2022/1325 – The Whole of Government Accounts (Designation of Bodies) (No. 2) Order 2022

SI 2022/1313 – The Aviation Security (Amendment) (No. 2) Regulations 2022

SI 2022/1324 – The Prescribed Persons (Reports on Disclosures of Information) (Amendment) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 16th, 2022 in law reports by tracey

Supreme Court

DB Symmetry Ltd & Anor v Swindon Borough Council [2022] UKSC 33 (14 December 2022)

Court of Appeal (Civil Division)

OA (Somalia) v Secretary of State for the Home Department [2022] EWCA Civ 1657 (15 December 2022)

A, Re (A Child : Findings of Fact) [2022] EWCA Civ 1652 (15 December 2022)

Hudson v Hathway [2022] EWCA Civ 1648 (14 December 2022)

High Court (Administrative Court)

Addison, R (On the Application Of) v London Borough of Southwark [2022] EWHC 3211 (Admin) (15 December 2022)

Dillon, R (On the Application Of) v HM Assistant Coroner for Rutland and North Leicestershire [2022] EWHC 3186 (KB) (Admin) (14 December 2022)

Murugason v Secretary of State for the Home Department [2022] EWHC 3160 (Admin) (14 December 2022)

Ilia v Appeal Court in Athens, Greece [2022] EWHC 3114 (Admin) (14 December 2022)

High Court (Chancery Division)

Honda Group-UK Pension Scheme Trustee Ltd & Ors v Mercer Ltd & Anor [2022] EWHC 3197 (Ch) (15 December 2022)

Hunt v Patel & Anor [2022] EWHC 3228 (Ch) (15 December 2022)

Shovlin v Site Civils and Surfacing Ltd & Anor [2022] EWHC 3198 (Ch) (15 December 2022)

Hong Kong Airlines Ltd, Re [2022] EWHC 3210 (Ch) (14 December 2022)

Frasers Group Plc v The Official Receiver & Ors [2022] EWHC 3184 (Ch) (13 December 2022)

High Court (Commercial Court)

Verlox International Ltd & Anor v Antoshin & Ors (Re Consequentials) [2022] EWHC 3182 (Comm) (09 December 2022)

Frangou v Frangos [2022] EWHC 3129 (Comm) (08 December 2022)

High Court (Family Division)

Mother v Father [2022] EWHC 3107 (Fam) (05 December 2022)

High Court (King’s Bench Division)

Chappell v Mrozek (Rev3) [2022] EWHC 3147 (KB) (14 December 2022)

Menzies v Oakwood Solicitors Ltd [2022] EWHC 3199 (KB) (14 December 2022)

High Court (Technology & Construction Court)

University of Manchester v John McAslan & Partners Ltd & Anor [2022] EWHC 3154 (TCC) (09 December 2022)

Source: www.bailii.org.uk

Naturalisation applications by EU citizens and their family – EIN Blog

Posted December 16th, 2022 in brexit, citizenship, EC law, families, immigration, news by tracey

‘For those who have obtained settlement (indefinite leave to remain) in the UK, the next stage is often to naturalise as a British citizen. Many of those who seek to naturalise are nationals of EU countries, or their family members, who began their residence in the UK prior to Brexit and obtained residence rights on that basis. Issues and uncertainties can arise during a naturalisation application which are specific to EU and EEA citizens, and below we take a look at the most common of these.’

EIN Blog, 13th December 2022

Source: www.ein.org.uk

Adam Tucker: Entrenchment, Parliamentary Sovereignty, and the Limited Radicalism of the Brown Report – UK Constitutional Law Association

Posted December 16th, 2022 in constitutional law, constitutional reform, news, parliament, peerages & dignities, reports by tracey

‘The publication of the Report of the Commission on the UK’s Future is attracting widespread attention. The centrepiece of its constitutional content is the replacement of the House of Lords with a new second chamber with new composition and a reformed role, which would have particular responsibility for territorial aspects of the constitution (discussed here) and act as guardian of (newly) entrenched elements of the constitution –not just in the devolution context but also more widely.’

UK Constitutional Law Association, 15th December 2022

Source: ukconstitutionallaw.org

Council told to pay over £7k after failing to provide alternative education for autistic boy – Local Government Lawyer

Posted December 16th, 2022 in autism, children, compensation, delay, disabled persons, education, equality, local government, news, school children, special educational needs by tracey

‘An investigation by the Local Government and Social Care Ombudsman has found that Oxfordshire County Council failed to provide alternative education for a boy with autism for a year.’

Local Government Lawyer, 15th December 2022

Source: www.localgovernmentlawyer.co.uk

How reasonable are your endeavours? – Local Government Lawyer

Posted December 16th, 2022 in contracts, local government, news by tracey

‘Patrick Adie sets out the most common types of endeavours obligation found in property contracts and – depending on your circumstances – the best obligation to agree.’

Local Government Lawyer, 16th December 2022

Source: www.localgovernmentlawyer.co.uk

Council loses Supreme Court appeal over planning conditions and dedication of land as public highway – Local Government Lawyer

Posted December 16th, 2022 in appeals, local government, news, planning, roads, Supreme Court by tracey

‘The Supreme Court has unanimously dismissed an appeal by Swindon Borough Council in a dispute over whether it is lawful for a planning authority, in granting planning permission for a development, to impose a planning condition that the developer will dedicate land within the development site to be a public highway.’

Local Government Lawyer, 14th December 2022

Source: www.localgovernmentlawyer.co.uk

High court rejects costs setoff in QOCS claim – Law Society’s Gazette

Posted December 16th, 2022 in accidents, compensation, costs, damages, news, part 36 offers, personal injuries by tracey

‘The High Court rejected a defendant’s bid to escape the full rigour of the qualified one-way costs shifting (QOCS) regime in a ruling handed down this week.’

Law Society's Gazette, 15th December 2022

Source: www.lawgazette.co.uk

Prosecution crisis ‘will deepen’ without fee increase, CBA chief warns – Law Society’s Gazette

Posted December 16th, 2022 in barristers, criminal justice, delay, fees, legal aid, Ministry of Justice, news, prosecutions, rape, sexual offences by tracey

‘The Ministry of Justice has hailed the “significant progress” that has been made since the government published its landmark rape review action plan – however, the Criminal Bar Association has warned that complainants will continue to wait years for a trial unless prosecutors’ fees are increased.’

Law Society's Gazette,15th December 2022

Source: www.lawgazette.co.uk

F v M: Parental Alienation and Unregulated Experts – Family Law Week

Posted December 16th, 2022 in children, expert witnesses, families, family courts, news by tracey

‘Roshni Popli, barrister at Four Brick Court, considers the lessons of a recent judgment highlighting the need for greater transparency in the instruction of experts.’

Family Law Week, 14th December 2022

Source: www.familylawweek.co.uk

The ‘Syringe Method’ of Surrogacy and the Law – Family Law

Posted December 16th, 2022 in artificial insemination, children, families, family courts, news, pregnancy, surrogacy by tracey

‘Nathan Baylis, a pupil barrister at 4 Brick Court, provides a guide to the legal recognition of at-home artificial insemination in surrogacy arrangements.’

Family Law Week, 15th December 2022

Source: www.familylawweek.co.uk

Half of black British police suffer racial incidents from colleagues, survey finds – The Guardian

Posted December 16th, 2022 in bullying, diversity, equality, harassment, news, police, race discrimination, racism, statistics by tracey

‘More than half of Britain’s black police officers and staff suffered racial incidents from colleagues in the past year, a survey has found.’

The Guardian,15th December 2022

Source: www.theguardian.com

Claire Foy stalker ‘likely to become a pest again’ – BBC News

Posted December 16th, 2022 in news, recidivists, sentencing, stalking by tracey

‘The sentencing of Claire Foy’s stalker has been adjourned after the court received a letter warning he would continue contacting the actress.’

BBC News, 15th December 2022

Source: www.bbc.co.uk

Holmfirth: Father and son sentenced over £900k cash forgery ring – BBC News

Posted December 16th, 2022 in drug offences, forgery, imprisonment, news, sentencing by tracey

‘A father and son who admitted running a “sophisticated and lucrative” fake money operation worth nearly £1m in West Yorkshire have been sentenced.’

BBC News, 15th December 2022

Source: www.bbc.co.uk

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