Month: April 2023

Recent Statutory Instruments – legislation.gov.uk

Posted April 28th, 2023 in legislation by tracey

SI 2023/469 – The Product Security and Telecommunications Infrastructure Act 2022 (Commencement No. 2) Regulations 2023

SI 2023/464 – The Energy Bills Discount Scheme (Non-Standard Cases) Regulations 2023

SI 2023/463 – The Energy Bills Discount Scheme Pass-through Requirement Regulations 2023

SI 2023/461 – The International Tax Compliance (Amendment) Regulations 2023

SI 2023/456 – The Direct Payments to Farmers (Reductions) (England) Regulations 2023

SI 2023/455 – The Energy Bills Discount Scheme Pass-through Requirement (Heat Suppliers) Regulations 2023

SI 2023/453 – The Energy Bills Discount Scheme Regulations 2023

SI 2023/448 – The Education (Induction Arrangements for School Teachers) (England) (Amendment) Regulations 2023

SI 2023/467 – The Charities (Dispositions of Land: Designated Advisers and Reports) Regulations 2023

SI 2023/460 – The Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022 (Commencement) Regulations 2023

SI 2023/479 – The National Health Service (Pharmaceutical and Local Pharmaceutical Services) (Amendment) Regulations 2023

SI 2023/472 – The Pension Fund Clearing Obligation Exemption and Intragroup Transaction Transitional Clearing and Risk-Management Obligation Exemptions (Extension and Amendment) Regulations 2023

SI 2023/468 – The Microchipping of Cats and Dogs (England) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 28th, 2023 in law reports by tracey

Supreme Court

Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2023] UKSC 15 (26 April 2023)

Court of Appeal (Civil Division)

Match Group, LLC & Ors v Muzmatch Ltd & Anor [2023] EWCA Civ 454 (27 April 2023)

A, B & C (Fact-Finding: Gonorrhoea) [2023] EWCA Civ 437 (26 April 2023)

Adaptive Spectrum and Signal Alignment Inc v British Telecommunications Plc [2023] EWCA Civ 451 (26 April 2023)

Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors [2023] EWCA Civ 438 (25 April 2023)

Floreat Investment Management Ltd v Churchill & Ors [2023] EWCA Civ 440 (25 April 2023)

C3 & Anor v The Secretary of State for Foreign, Commonwealth & Development Affairs [2023] EWCA Civ 444 (25 April 2023)

SWP, R (On the Application Of) v Secretary of State for the Home Department [2023] EWCA Civ 439 (25 April 2023)

High Court (Administrative Court)

Wyrebek v Circuit Court, Gliwice, Poland [2023] EWHC 951 (Admin) (27 April 2023)

Professional Standards Authority for Health and Social Care v General Medical Council & Anor [2023] EWHC 967 (Admin) (27 April 2023)

Dich, R (On the Application Of) v Parole Board for England and Wales & Anor [2023] EWHC 945 (Admin) (26 April 2023)

Gurvits & Anor v Secretary of State for Levelling Up, Housing And Communities & Anor [2023] EWHC 911 (Admin) (25 April 2023)

High Court (Chancery Division)

AXA Sun Life Plc & Ors v Commissioners of Inland Revenue & Anor [2023] EWHC 944 (Ch) (26 April 2023)

THJ Systems Ltd & Anor v Sheridan & Anor [2023] EWHC 927 (Ch) (26 April 2023)

Sony Music Entertainment UK Ltd v Noel Redding Estate Ltd & Anor [2023] EWHC 941 (Ch) (25 April 2023)

Avanti Communications Ltd, Re [2023] EWHC 940 (Ch) (25 April 2023)

High Court (Commercial Court)

PD Teesport Ltd v P&O North Sea Ferries Ltd [2023] EWHC 857 (Comm) (26 April 2023)

Emirates Shipping Line DMCES v Gold Star Line Ltd [2023] EWHC 880 (Comm) (25 April 2023)

High Court (Family Division)

James v Seymour [2023] EWHC 844 (Fam) (19 April 2023)

High Court (King’s Bench Division)

Shaw v Estate of Martin Wood [2023] EWHC 975 (KB) (27 April 2023)

Maidstone Borough Council v Brazil & Ors [2023] EWHC 965 (KB) (27 April 2023)

Khera (t/a The Family Dental Practice) v National Health Service Commissioning Board [2023] EWHC 958 (KB) (26 April 2023)

Hay v Cresswell [2023] EWHC 882 (KB) (26 April 2023)

XX v Barts Health Trust [2023] EWHC 963 (KB) (26 April 2023)

Danielewicz v Cannon & Anor [2023] EWHC 948 (KB) (26 April 2023)

Rowbottom v The Estate of Peter Howard, Deceased & Anor [2023] EWHC 931 (KB) (25 April 2023)

Source: www.bailii.org

Military sites and asylum seeker accommodation – Local Government Lawyer

Posted April 28th, 2023 in airports, asylum, government departments, housing, immigration, injunctions, local government, news, refugees by tracey

‘The High Court recently struck out an application by a council for an injunction to prevent the use of an airfield for asylum accommodation. Paul Brown KC, Nick Grant and Rebecca Sage explain why.’

Full Story

Local Government Lawyer, 28th April 2023

Source: www.localgovernmentlawyer.co.uk

Changing the narrative on neurodiversity: smoothing out the bumps in the road – Local Government Lawyer

Posted April 28th, 2023 in appeals, disability discrimination, disabled persons, employment, employment tribunals, equality, news by tracey

‘Libby Hubbard looks at a recent Employment Appeal Tribunal case that considered whether a staff member’s behaviour and his disability were linked.’

Full Story

Local Government Lawyer, 28th April 2023

Source: www.localgovernmentlawyer.co.uk

High Court dismisses legal challenge over government failure to implement Care Act system for appeals against care and support decisions – Local Government Lawyer

Posted April 28th, 2023 in appeals, duty of care, judicial review, local government, news, social services by tracey

‘A High Court judge has rejected a judicial review challenge to the Secretary of State for Health and Social Care’s decision not to make regulations for appeals against local authority decisions under Part 1 of the Care Act 2014.’

Full Story

Local Government Lawyer, 27th April 2023

Source: www.localgovernmentlawyer.co.uk

High stakes: gambling reform for the digital age – Official publications

Posted April 28th, 2023 in gambling, government departments, internet, news by tracey

‘High stakes: gambling reform for the digital age.’

Full Story

Official Publications, 27th April 2023

Source: www.gov.uk

Two men convicted of conspiring to sell 9th century Anglo-Saxon coins – Crown Prosecution Service

Posted April 28th, 2023 in Crown Prosecution Service, news, treasure by tracey

‘Two metal detectorists have been convicted of conspiring to sell criminal property and being in the possession of criminal property after attempting to sell Anglo-Saxon coins from a Viking hoard worth £766,000.’

Full Story

Crown Prosecution Service, 28th April 2023

Source: www.cps.gov.uk

Default Rules in the Common Law: Substantive Rules and Precedent – Supreme Court

Posted April 28th, 2023 in judges, rule of law, speeches by tracey

‘Default Rules in the Common Law: Substantive Rules and Precedent, presentation at International Workshop on Default Rules in Private Law.’

Full speech

Supreme Court, 24th march 2023

Source: www.supremecourt.uk

Lord Sales, Information Law and Automated Governance – Supreme Court

Posted April 28th, 2023 in computer programs, judges, speeches by tracey

‘Lord Sales, Information Law and Automated Governance.’

Full speech

Supreme Court, 24th April 2023

Source: www.supremecourt.uk

Supreme Court justice fears hearings now ‘invisible’ to public – Law Society’s Gazette

Posted April 28th, 2023 in case management, documents, judges, news, Supreme Court by tracey

‘A Supreme Court judge has said the trend of courts working largely outside public view could change through documents being made more widely available.’

Full Story

Law Society's Gazette, 27th April 2023

Source: www.lawgazette.co.uk

Tree that damaged house too valuable to cut down – BBC News

Posted April 28th, 2023 in housing, local government, news, planning, trees by tracey

‘A man who claims a five-metre branch fell from a tree and damaged his house has been told it is too valuable to be cut down.’

Full Story

BBC News, 27th April 2023

Source: www.bbc.co.uk

Conditions at Cookham Wood young offender unit deemed a scandal – BBC News

Posted April 28th, 2023 in children, detention, news, prisons, young offenders by tracey

‘An urgent notice for action has been issued to the justice secretary after conditions at a young offender institution were deemed “a scandal”.’

Full Story

BBC News, 28th April 2023

Source: www.bbc.co.uk

Four staff at specialist hospital guilty of mistreating vulnerable patients – The Independent

Posted April 28th, 2023 in disabled persons, hospitals, learning difficulties, news, professional conduct by tracey

‘Four members of staff at a specialist hospital have been found guilty of mistreating vulnerable patients after an undercover BBC Panorama documentary.’

Full Story

The Independent, 28th April 2023

Source: www.independent.co.uk

New police powers to tackle slow-walking protests – BBC News

Posted April 28th, 2023 in bills, climate change, demonstrations, environmental protection, freedom of expression, news, nuisance, police, roads by tracey

‘Police in England and Wales are to be given new powers to tackle “disruptive” slow walking used by protesters to block roads.’

Full Story

BBC News, 28th April 2023

Source: www.bbc.co.uk

More rigorous checks for fire and rescue employees – Home Office

Posted April 28th, 2023 in criminal records, employment, fire services, government departments, news by tracey

‘Fire and rescue authorities will be able to carry out stringent new record checks, helping fire and rescue services protect the public and their staff.’

Full Story

Home Office, 25th April 2023

Source: www.gov.uk

Met Police may be failing to spot serial killers like Stephen Port – watchdog – BBC News

Posted April 28th, 2023 in crime prevention, homicide, inquests, London, murder, negligence, news, ombudsmen, police by tracey

‘The Metropolitan Police may be failing to identify serial killers because it is not properly investigating unexpected deaths, a watchdog says.’

Full Story

BBC News, 28th April 2023

Source: www.bbc.co.uk

New Judgment: Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2023] UKSC 15 – UKSC Blog

Posted April 27th, 2023 in law reports, news, rape, Supreme Court, vicarious liability by sally

‘In this appeal, the Supreme Court is asked to decide whether the Jehovah’s Witness organisation is vicariously liable for a rape committed by Mark Sewell, a former elder.’

Full Story

UKSC Blog, 26th April 2023

Source: ukscblog.com

Timothy Schofield dismissed from police after sexual abuse conviction – BBC News

Posted April 27th, 2023 in child abuse, disciplinary procedures, dismissal, news, police, sexual offences by sally

‘Timothy Schofield has been sacked from the police after being convicted of 11 sexual offences against a child.’

Full Story

BBC News, 26th April 2023

Source: www.bbc.co.uk

Man jailed for helping Thomas Cashman after Olivia Pratt-Korbel shooting – The Guardian

Posted April 27th, 2023 in assisting offenders, guilty pleas, murder, news, sentencing by sally

‘A man has been jailed for 22 months for helping the convicted murderer Thomas Cashman after he fatally shot nine-year-old Olivia Pratt-Korbel.’

Full Story

The Guardian, 26th April 2023

Source: www.theguardian.com

John Stanton: Law, Localism, and the Constitution: A Comparative Perspective – UK Constitutional Law Association

Posted April 27th, 2023 in constitutional law, local government, news, parliament by sally

‘Local government is an aspect of UK constitutional law that is often neglected or overlooked. Councils, though, are a vital part of our governmental order, providing the services and opportunities, and making the decisions and policies, that shape a large part of our day-to-day lives. They are also the institutions of government with which the population interact most frequently. Local government across the UK, however, is hampered by the constitutional system of which it is part. The predominance of the sovereign Parliament and the lack of any codified constitutional provision means that councils in the UK are at the mercy of the centre and that they do not enjoy any protection from easy change, manipulation or prescription. This has a profound effect on the way in which councils operate, as my new book, “Law, Localism, and the Constitution: A Comparative Perspective”, explores.’

Full Story

UK Constitutional Law Association, 27th April 2023

Source: ukconstitutionallaw.org