31/01/2023 – Current Awareness

Police Receive Seven Reports Of So-Called Honour-Based Abuse A Day – Each Other

Posted January 31st, 2023 in assault, coercive & controlling behaviour, domestic violence, news, police, prosecutions, sexual offences, statistics, women by tracey

‘Between March 2021 and March 2022 there were 2,887 honour-based abuse-related (HBA) offences recorded by the police in England and Wales, the second consecutive rise in HBA-related offences. Approximately seven cases are reported every day. However, the Home Office says that these cases are likely to only represent a small proportion of the actual offences committed.’

Each Other, 27th January 2022

Source: eachother.org.uk

The FA v Chris Maguire: What are the Odds? – Football Law

Posted January 31st, 2023 in fines, gambling, news, regulations, sanctions, sport by tracey

‘The FA Rules, rule E8.1 provides that Participants at Step 4 of the National League System and above (see pg. 437 of The FA Handbook 2022/23), and Steps 1 and 2 of the Women’s Football Pyramid (see pg. 462 of The FA Handbook 2022/23) are prohibited from betting on football anywhere in the world. However, breaches of Rule E8 are relatively common, with The FA prosecuting around 30-40 cases in the past three seasons.’

Football Law, 31st January 2023

Source: www.footballlaw.co.uk

Conor Casey: House of Lords Constitution Committee Rejects Significant Reform to UK Law Officers – UK Constitutional Law Association

Posted January 31st, 2023 in attorney general, constitutional reform, lord chancellor, news, political parties, select committees by tracey

‘The Attorney General and Solicitor General are the UK government’s principal legal advisors. Known collectively as the Law Officers, the origins of these ancient constitutional officers date back to the 13th Century. Historically, the Law Officers were leading barristers who acted as the Crown’s personal lawyers, fiercely representing their interests in legal proceedings. As political power passed from the Crown to the Prime Minister and their Cabinet, the Law Officers eventually became salaried ministers. Appointed and removed by the Crown on the advice of the Prime Minister, Law Officers today are typically qualified lawyers with experience in practice who are also political figures; as members of one of the Houses of Parliament, a member of government, and senior member of the governing political party.’

UK Constitutional Law Association, 31st January 2023

Source: ukconstitutionallaw.org

Recent Statutory Instruments – legislation.gov.uk

Posted January 31st, 2023 in legislation by tracey

SI 2023/81 – The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2023

SI 2023/77 – The Firearms (Amendment) Rules 2023

SI 2023/74 – The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023

SI 2023/82 – The Marriage and Civil Partnership (Minimum Age) Act 2022 (Consequential Amendments) Regulations 2023

SI 2023/90 – The Environmental Targets (Woodland and Trees Outside Woodland) (England) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 31st, 2023 in law reports by tracey

Court of Appeal (Civil Division)

Interdigital Technology Corporation & Ors v Lenovo Group Ltd & Ors [2023] EWCA Civ 57 (30 January 2023)

A & V Building Solutions Ltd v J & B Hopkins Ltd [2023] EWCA Civ 54 (27 January 2023)

C & Ors, Re (Care Proceedings: Fact-Finding) [2023] EWCA Civ 38 (26 January 2023)

Clifford v Millicom Services UK Ltd & Ors [2023] EWCA Civ 50 (26 January 2023)

Court of Appeal (Criminal Division)

Soto & Anor, Re (Re Section 36 of the Criminal Justice Act 1988) (Rev1) [2023] EWCA Crim 55 (26 January 2023)

High Court (Administrative Court)

AF, R (On the Application Of) v Milton Keynes Council [2023] EWHC 163 (Admin) (30 January 2023)

The Porky Pint Ltd v Stockton On Tees Borough Council [2023] EWHC 128 (Admin) (27 January 2023)

Kozak v BUDA Central District Court, Hungary [2023] EWHC 149 (Admin) (27 January 2023)

BCD, R (On the Application Of) v Birmingham Children’s Trust [2023] EWHC 137 (Admin) (26 January 2023)

High Court (Chancery Division)

Johnson v Bank of Scotland Plc [2023] EWHC 169 (Ch) (30 January 2023)

Elevar Finance SPV Photon Llc v Somasundaram [2023] EWHC 151 (Ch) (27 January 2023)

Various Claimants v Serco Group Plc [2023] EWHC 119 (Ch) (26 January 2023)

Provincial Equity Finance Ltd v Dines [2023] EWHC 103 (Ch) (25 January 2023)

High Court (Commercial Court)

Navig8 Chemicals Pool Inc v Aeturnum Energy International PTE Ltd (Re Consequential Matters) [2023] EWHC 145 (Comm) (27 January 2023)

Gattaz Property Ltd & Anor v Versant Developments & Homes Ltd & Ors (Re Costs) [2023] EWHC 110 (Comm) (27 January 2023)

Gravelor Shipping Ltd v GTLK Asia M5 Ltd & Anor [2023] EWHC 131 (Comm) (27 January 2023)

Africa Sourcing Cameroun Ltd & Anor v LMBS Societe Par Actions Simplifiee & Anor [2023] EWHC 150 (Comm) (27 January 2023)

PJSC National Bank Trust & Anor v Boris Mints & Ors [2023] EWHC 118 (Comm) (27 January 2023)

Hangzhou Jiudang Asset Management Co Ltd & Anor v Hung (Re Costs) [2023] EWHC 130 (Comm) (26 January 2023)

ADM International SARL v Grain House International SA & Ors (Re Contempt of Court) [2023] EWHC 135 (Comm) (26 January 2023)

AerCap Ireland Ltd v AIG Europe SA & Anor [2023] EWHC 96 (Comm) (25 January 2023)

High Court (Family Division)

L, Re (Article 13: Protective Measures)(No. 2) [2023] EWHC 140 (Fam) (27 January 2023)

Manchester City Council v P (Refusal of Restrictions on Mobile Phone) (Rev1) [2023] EWHC 133 (Fam) (27 January 2023)

High Court (King’s Bench Division)

Armstrong v Secretary of State for Levelling-Up, Housing and Communities & Anor [2023] EWHC 142 (KB) (27 January 2023)

Kaye v Lees [2023] EWHC 152 (KB) (27 January 2023)

Graham (A Child) v Altaf [2023] EWHC 156 (KB) (27 January 2023)

DE v Chief Constable of West Midlands Police [2023] EWHC 146 (KB) (27 January 2023)

Daedone & Ors v British Broadcasting Corporation (Judgment No. 2) [2023] EWHC 113 (KB) (26 January 2023)

Bravo & Ors v Amerisur Resources Ltd (Re The Amerisur plc Putumayo Group Litigation) [2023] EWHC 122 (KB) (26 January 2023)

Daedone & Ors v British Broadcasting Corporation (Judgment No. 1) [2023] EWHC 106 (KB) (26 January 2023)

Shah v Imran & Ors [2023] EWHC 120 (KB) (26 January 2023)

Source: www.bailii.org

Law Pod UK latest episode: How to get Pupillage – UK Human Rights Blog

Posted January 31st, 2023 in news, podcasts, pupillage by tracey

‘In Episode 178 Emma-Louise Fenelon speaks to Shahram Sharghy and Jo Moore about how to become a barrister. The episode considers the kind of research that is essential to do in advance, navigating the pupillage gateway, preparing for interviews, and dealing with rejection.’

UK Human Rights Blog, 30th January 2023

Source: ukhumanrightsblog.com

Building Safety Act 2022: changing the rules on the landlord and tenant relationship, Part 2 – qualifying lease certificates – Practical Law: Construction Blog

Posted January 31st, 2023 in building law, health & safety, landlord & tenant, leases, news, service charges by tracey

‘In a previous blog, I explored one aspect of the statutory reallocation of risk for the costs of works to remedy building safety issues in the Building Safety Act 2022 (BSA 2022). The focus of that blog was the new landlord’s certificate, designed as a tool for the landlord to communicate with leaseholders as to whether it is “responsible” for defects, or whether it meets the “contribution condition” in the BSA 2022. In this blog, I will focus on the second element of this new framework, the “qualifying lease certificate” or “leaseholder certificate”. The relevant provisions of the BSA 2022 came into force on 28 June 2022, and the related regulations have been in force since 21 July 2022.’

Practical Law: Construction Blog, 25th January 2023

Source: constructionblog.practicallaw.com

Defendant landlord ordered to pay £52k+ after squashing three flats into basement without planning permission – Local Government Lawyer

Posted January 31st, 2023 in costs, fines, landlord & tenant, news, planning by tracey

‘A landlord who put three flats into the basement of one of his properties in Camberwell has been ordered to pay more than £52,000 in illegal gains, fines and costs.’

Local Government Lawyer, 30th January 2023

Source: www.localgovernmentlawyer.co.uk

Accent bias still holding back regional barristers, research finds – Legal Futures

Posted January 31st, 2023 in advocacy, barristers, bias, diversity, news by tracey

‘Barristers with regional accents still encounter bias from both clients and professional colleagues that those who speak in what is regarded as an “acceptable” accent do not, new research has found.’

Legal Futures, 30th January 2023

Source: www.legalfutures.co.uk

Child Maintenance Service to clamp down on domestic abuse – Family Law

Posted January 31st, 2023 in coercive & controlling behaviour, domestic violence, financial provision, news, victims by tracey

‘Survivors of domestic abuse will be given the choice to allow the CMS to collect and make payments on their behalf – without the consent of an abusive ex-partner. This will prevent perpetrators from using child maintenance as a form of ongoing financial abuse and control and mean survivors will not have to have contact with their ex-partner if there is evidence of domestic violence.’

Family Law, 26th January 2023

Source: www.familylaw.co.uk

CoA shows mercy over judgment embargo breach – Law Society’s Gazette

Posted January 31st, 2023 in contempt of court, electronic mail, judgments, news, solicitors by tracey

‘Three Court of Appeal judges have shown mercy towards an in-house lawyer in the US who has admitted emailing the outcome of a London judgment to his US legal team in breach of an embargo.’

Law Society’s Gazette, 30th January 2023

Source: www.lawgazette.co.uk

PI firm ‘first’ to offer pupillage for barristers – Law Society’s Gazette

Posted January 31st, 2023 in barristers, law firms, news, personal injuries, pupillage by tracey

‘A personal injury firm claims to have become the first of its kind to offer pupillage to aspiring barristers. North west firm Express Solicitors will hear applications for four pupillage positions in each of the next two years, and plans to increase this number in the future as caseloads increase.’

Law Society's Gazette, 30th January 2023

Source: www.lawgazette.co.uk

K v K – a retreat from progress in the family courts? – Family Law Week

Posted January 31st, 2023 in contact orders, domestic violence, family courts, news, victims by tracey

‘Dr Adrienne Barnett, Reader in Law, Brunel University, London, and Dr Charlotte Proudman, barrister at Goldsmith Chambers and director at Right to Equality, consider whether K v K [2022] EWCA Civ 468 favours the resolution of resource constraints over the safety and welfare of victims of domestic abuse.’

Family Law Week, 30th January 2023

Source: www.familylawweek.co.uk

Covid: Powys doctor given nine-month ban for false claims – BBC News

Posted January 31st, 2023 in coronavirus, disciplinary procedures, doctors, news, standards, tribunals by tracey

‘A private doctor who put false claims about Covid-19 treatments online has been banned from practising for nine months after a medical tribunal.’

BBC News, 30th January 2023

Source: www.bbc.co.uk

Pilot scheme begins aimed at opening up proceedings in family courts – The Independent

Posted January 31st, 2023 in family courts, media, news, pilot schemes, reporting restrictions by tracey

‘A pilot scheme has started which aims to throw a light on the workings of the family court system.’

The Independent, 30th January 2023

Source: www.independent.co.uk

Judge lambasts education secretary over lack of secure places for children – The Guardian

Posted January 31st, 2023 in children, deprivation of liberty safeguards, local government, mental health, ministers' powers and duties, news, self-harm by tracey

‘The country’s most senior family judge has accused the education secretary of “complacency bordering on cynicism” in a scathing judgment that deplores the lack of secure, therapeutic placements in England and Wales for scores of children with complex needs at risk of taking their own lives.’

The Guardian, 31st January 2023

Source: www.theguardian.com

Retired vicar banned over ‘virulently antisemitic’ posts Published 11 hours ago – BBC News

Posted January 31st, 2023 in Church of England, clergy, complaints, disciplinary procedures, internet, Judaism, news by tracey

‘A Church of England priest who shared “virulently antisemitic” material has been barred from ministry for 12 years.’

BBC News, 30th January 2023

Source: www.bbc.co.uk

New powers to curb strike disruption approved by MPs – BBC News

Posted January 31st, 2023 in bills, emergency services, industrial action, news, trade unions, transport by tracey

‘MPs have backed plans aimed at enforcing minimum service levels for some sectors during strikes.’

BBC News, 31st January 2023

Source: www.bbc.co.uk

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