Month: March 2023

BAILII: Recent Decisions

Posted March 14th, 2023 in law reports by tracey

Court of Appeal (Civil Division)

C7 v Secretary of State for the Home Department [2023] EWCA Civ 265 (13 March 2023)

Fanning v Revenue & Customs [2023] EWCA Civ 263 (13 March 2023)

Mitchell & Anor v Revenue and Customs [2023] EWCA Civ 261 (10 March 2023)

High Court (Administrative Court)

Fire Brigades Union & Ors, R (On the Application Of) v His Majesty’s Treasury & Anor [2023] EWHC 527 (Admin) (10 March 2023)

High Court (Chancery Division)

Bonney & Anor v Barker & Anor (Re Fastfit Station Ltd) [2023] EWHC 496 (Ch) (10 March 2023)

Selvarajah v Selvarajah & Ors (Re Estate of Selvarajah Sellathurai) [2023] EWHC 474 (Ch) (10 March 2023)

Kulkarni v Gwent Holding Ltd & Anor [2023] EWHC 484 (Ch) (10 March 2023)

Grant & Anor v Hussain & Anor [2023] EWHC 493 (Ch) (10 March 2023)

High Court (Family Division)

OC v CD [2023] EWHC 530 (Fam) (13 March 2023)

High Court (King’s Bench Division)

O’Sullivan v Holmes and Hills LLP [2023] EWHC 508 (KB) (10 March 2023)

High Court (Technology and Construction Court)

Boxxe Ltd v The Secretary of State for Justice [2023] EWHC 533 (TCC) (13 March 2023)

Source: www.bailii.org.uk

High Court lifts automatic suspension in procurement dispute over provision of audio-visual equipment to courts and tribunals – Local Government Lawyer

Posted March 14th, 2023 in competition, contracts, courts, limitations, news, public procurement, tenders by sally

‘The Secretary of State for Justice (SoSJ) has successfully applied to the High Court for the lifting of the automatic suspension in a procurement challenge to the outcome of a mini-competition for a call-off contract relating to the provision of digital and audiovisual (‘AV’) equipment for use by HM Courts and Tribunals Service.’

Full Story

Local Government Lawyer, 13th March 2023

Source: www.localgovernmentlawyer.co.uk

What Does the Illegal Migration Bill Mean for Modern Slavery? – Each Other

Posted March 14th, 2023 in asylum, bills, forced labour, human rights, immigration, news, trafficking in human beings by sally

‘Following the publication of the Illegal Migration Bill, EachOther summarises developments in the Bill and what it could mean for victims of modern slavery in the UK.’

Full Story

Each Other, 14th March 2023

Source: eachother.org.uk

New rules makes microchipping for cats in England compulsory – The Independent

Posted March 14th, 2023 in animals, electronic monitoring, fines, news, regulations by sally

‘All pet cats in England must be microchipped under a new law which could see their owners face a £500 fine if they do not get it done.’

Full Story

The Independent, 13th March 2023

Source: www.independent.co.uk

Law Society calls in leading figures to support “21st century justice” project – Legal Futures

Posted March 14th, 2023 in civil justice, costs, electronic filing, legal aid, news, solicitors by sally

‘The Law Society has pulled together figures from law firms, technology and business – as well as the former Senior President of Tribunals – to support a project looking at how the justice system can be made “fit for the future”.’

Full Story

Legal Futures, 14th March 2023

Source: www.legalfutures.co.uk

More than 1,500 UK police officers accused of violence against women in six months – The Guardian

Posted March 14th, 2023 in disciplinary procedures, dismissal, news, police, sexual offences, statistics, violence, women by sally

‘More than 1,500 police officers have been accused of violent offences against women and girls over a period of six months, and less than 1% have been sacked, according to new figures.’

Full Story

The Guardian, 14th March 2023

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 13th, 2023 in legislation by tracey

SI 2023/314 – The Medicines (Products for Human Use) (Fees) (Amendment) Regulations 2023

SI 2023/313 – The Coroners and Justice Act 2009 (Alteration of Coroner Areas) Order 2023

SI 2023/310 – The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2023

SI 2023/306 – The Health and Care Act 2022 (Consequential and Related Amendments) Regulations 2023

SI 2023/305 – The Immigration (Electronic Travel Authorisations) (Consequential Amendment) Regulations 2023

SI 2023/302 – The Export Control (Military and Dual-Use Lists) (Amendment) Regulations 2023

SI 2023/301 – The National Health Service Pension Schemes (Amendment) Regulations 2023

SI 2023/297 – The Merchant Shipping (Light Dues) (Amendment) Regulations 2023

SI 2023/293 – The Research and Development (Prescribed Activities) Regulations 2023

Source: www.legislation.gov.uk

Ombudsman issues special report on Catalyst Housing over ‘repeated failures’ indicative of wider service failure – Local Government Lawyer

Posted March 13th, 2023 in complaints, housing, landlord & tenant, maladministration, news, ombudsmen by tracey

‘The Housing Ombudsman has called for significant improvements at Catalyst Housing ahead of its merger with another major social landlord, Peabody, following an investigation that found it “routinely failed to recognise formal complaints” and that aspects of its service were “arbitrary, disjointed and concerning”.’

Full Story

Local Government Lawyer, 13th March 2023

Source: www.localgovernmentlawyer.co.uk

Council told to pay nearly £10k after woman forced to live in unsuitable accommodation for three years – Local Government Lawyer

Posted March 13th, 2023 in compensation, complaints, domestic violence, homelessness, housing, landlord & tenant, local government, news, ombudsmen by tracey

‘The Local Government and Social Care Ombudsman has found that Croydon Council placed a woman fleeing domestic violence in “unsuitable accommodation” for three years, as well as finding poor complaint handling.’

Full Story

Local Government Lawyer, 13th March 2023

Source: www.localgovernmentlawyer.co.uk

EU and UK action shows role for sanctions in tackling gender inequality – OUT-LAW.com

Posted March 13th, 2023 in equality, gender, international law, news, rape, sanctions, sex discrimination, sexual offences, war, women by tracey

‘Action announced by the EU and UK highlights the role that sanctions can play in tackling gender inequality globally, an expert has said.’

Full Story

OUT-LAW.com, 10th March 2023

Source: www.pinsentmasons.com

UK Digital Markets, Competition and Consumer Bill could have major impact on subscription providers – OUT-LAW.com

Posted March 13th, 2023 in bills, consultations, consumer protection, government departments, news by tracey

‘Businesses that provide subscription services to customers in the UK should consider the implications of upcoming reforms and prepare for an increased level of regulatory scrutiny.’

Full Story

OUT-LAW.com, 13th March 2023

Source: www.pinsentmasons.com

Pre-charge bail statutory guidance – Government publications

Posted March 13th, 2023 in bail, codes of practice, government departments, news by tracey

‘This document provides guidance on the pre-charge bail regime in England and Wales, to be read in conjunction with the Police and Criminal Evidence Act 1984. The guidance is approved by the Secretary of State for the Home Office, laid in Parliament and published by the College of Policing.’

Full Story

Government publications, 1st March 2023

Source: www.gov.uk

The 8th Annual Property Law Lecture at the School of Law and Social Justice in the University of Liverpool – Courts and Tribunals Judiciary

Posted March 13th, 2023 in damages, forfeiture, penalties, speeches by tracey

‘Forfeiture, penalties and damages in property law. The 8th Annual Property Law Lecture at the School of Law and Social Justice in the University of Liverpool given by Mr Justice Fancourt, Vice-Chancellor of the County Palatine of Lancaster on Tuesday, 21 February 2023.’

Full speech

Courts and Tribunals Judiciary, 8th March 2023

Source: www.judiciary.uk

London councils urge Home Office to rethink hotels policy for asylum seekers – The Guardian

Posted March 13th, 2023 in asylum, government departments, hotels, immigration, local government, London, news, refugees, trafficking in human beings by tracey

‘Two-thirds of London’s councils have signed a letter to the home secretary calling for a major shake-up of the government’s hotels policy for asylum seekers.’

Full Story

The Guardian, 12th March 2023

Source: www.theguardian.com

News focus: Guidance on litigation ‘mindfulness’ seeks to address mental health issues – Law Society’s Gazette

Posted March 13th, 2023 in legal profession, mental health, news by tracey

‘As the law focuses on mental health, aggressive and belligerent litigators appear to be an archaic breed. New guidance from the Mindful Business Charter aims to bring the profession up to date.’

Full Story

Law Society's Gazette, 10th March 2023

Source: www.lawgazette.co.uk

Magistrates’ sentencing powers scaled back – Law Society’s Gazette

Posted March 13th, 2023 in Crown Court, delay, magistrates, Ministry of Justice, news, sentencing by tracey

‘Magistrates have had controversial powers that enabled them to sentence people for up to a year in prison taken away from them – but they could be restored, the government has said.’

Full Story

Law Society's Gazette, 10th March 2023

Source: www.lawgazette.co.uk

Woman allegedly raped as a teenager calls for change after ‘horrendous’ trial – The Guardian

Posted March 13th, 2023 in cross-examination, news, rape, retrials, sexual offences, trials, victims, young persons by tracey

‘A woman who alleges that she was raped as a teenager by an older man has called for changes to the judicial process after finding the experience of going to trial traumatic.’

Full Story

The Guardian, 12th March 2023

Source: www.theguardian.com

IOPC investigating response of West Midland police in death of Priory patient – The Guardian

Posted March 13th, 2023 in hospitals, inquests, mental health, negligence, news, ombudsmen, police, professional conduct by tracey

‘The Independent Office for Police Conduct (IOPC) is investigating the response of West Midlands police into the death of a 23-year-old man who ran away from a mental health hospital and was killed by a train.’

Full Story

The Guardian, 13th March 2023

Source: www.theguardian.com

Council told to apologise after care home errors – BBC News

Posted March 13th, 2023 in care homes, elderly, local government, news, powers of attorney by tracey

‘Shropshire Council has been ordered to apologise by the ombudsman, after an elderly man with dementia was placed in an unsuitable care home.’

Full Story

BBC News, 11th March 2023

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 10th, 2023 in legislation by tracey

SI 2023/300 – The National Health Service (Charges for Drugs and Appliances) (Amendment) Regulations 2023

SI 2023/298 – The Sentencing Act 2020 (Magistrates’ Court Sentencing Powers) (Amendment) Regulations 2023

SI 2023/288 – The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2023

SI 2023/287 – The Welfare of Animals (Transport) (Miscellaneous Amendments) (England and Scotland) Regulations 2023

SI 2023/284 – The Gas Safety (Management) (Amendment) Regulations 2023

SI 2023/279 – The Local Government Pension Scheme (Amendment) Regulations 2023

SI 2023/276 – The Childcare and Inspection of Education, Children’s Services and Skills (Fees) (Amendments) Regulations 2023

SI 2023/272 – The Safety of Sports Grounds (Designation) (Amendment) (England) Order 2023

Source: www.legislation.gov.uk