Nearly 70% of rape victims drop out of investigations in England and Wales – The Guardian

‘Nearly 70% of rape survivors dropped out of the justice system in the fourth quarter of last year, according to official government data.’

Full Story

The Guardian, 30th May 2023

Source: www.theguardian.com

Watchdog bans alcohol ads featuring rapper ArrDee – The Independent

Posted May 31st, 2023 in advertising, alcohol abuse, complaints, news, ombudsmen, young persons by sally

‘Ads for alcohol brand Litty Liquor have been banned for featuring the under-25-year-old rapper ArrDee and encouraging excessive and irresponsible drinking.’

Full Story

The Independent, 31st May 2023

Source: www.independent.co.uk

Enhancing consumer rights – the Digital Markets, Competition and Consumers Bill – Mills & Reeve

Posted May 31st, 2023 in bills, competition, consumer protection, dispute resolution, news by sally

‘This briefing is part of a series that is taking a closer look at the government’s draft Digital Markets, Competition and Consumers Bill (“the Bill”) which was introduced into Parliament on 25 April 2023. This is an important and far-reaching Bill which will see wide ranging reforms to competition and consumer protection laws.’

Full Story

Mills & Reeve, 30th May 2023

Source: www.mills-reeve.com

Ad watchdog takes action against tax repayment agents – The Independent

Posted May 31st, 2023 in advertising, HM Revenue & Customs, news, ombudsmen, taxation by sally

‘Ads for three tax agents have been banned for exaggerating refunds, being unclear about fees and failing to mention that clients were signing over rights to a cut of potential repayments from previous years.’

Full Story

The Independent, 30th May 2023

Source: www.independent.co.uk

Illegal streaming gang jailed for selling cut-price Premier League subscriptions – The Guardian

Posted May 31st, 2023 in conspiracy, fraud, imprisonment, internet, media, money laundering, news, sentencing, sport by sally

‘Five members of an illegal streaming gang have been jailed for a total of more than 30 years for offering cheap subscriptions for Premier League games to tens of thousands of customers.’

Full Story

The Guardian, 30th May 2023

Source: www.theguardian.com

Shared Ownership and Right to Manage – Nearly Legal

Posted May 31st, 2023 in appeals, landlord & tenant, leases, news by sally

‘This was the Court of Appeal judgment on a an appeal related to (but not from) the Upper Tribunal decision in Avon Ground Rents Ltd v Canary Gateway (Block A) RTM Company Ltd & Anor (2020) UKUT 358 (LC) (Our note here). At issue – and it is nice to have a Court of Appeal matter that is simply on a single point of law – was whether shared ownership leases where the lessee has a less than 100% share were long leases, and so qualifying tenants for the purposes of section 76 Commonhold and Leasehold Reform Act 2002.’

Full Story

Nearly Legal, 30th May 2023

Source: nearlylegal.co.uk

Judicial review challenge settled in “sleeping councillor” planning case – Local Government Lawyer

Posted May 31st, 2023 in judicial review, local government, news, planning, professional conduct by sally

‘Welwyn Hatfield Borough Council has settled a judicial review challenge over a decision which saw the council’s planning committee rescind a planning refusal because the applicant claimed a councillor appeared to be asleep during the meeting.’

Full Story

Local Government Lawyer, 30th May 2023

Source: www.localgovernmentlawyer.co.uk

Brothel boss trafficked sex workers around the UK – The Independent

‘A brothel keeper who arranged for women to be trafficked around the UK as prostitutes has been jailed – after being snared by text messages advertising his services.’

Full Story

The Independent, 30th May 2023

Source: www.independent.co.uk

Police officer found guilty of more than 100 child sex abuse offences – Daily Telegraph

‘A police officer has pleaded guilty to more than 100 charges of inciting children to engage in sexual activity online.’

Full Story

Daily Telegraph, 30th May 2023

Source: www.telegraph.co.uk

Met police put spit hood on 90-year-old woman and pointed Taser at her – The Guardian

‘A 90-year-old black woman was handcuffed and had a spit hood placed over her head and a Taser pointed at her by the Metropolitan police.’

Full Story

The Guardian, 30th May 2023

Source: www.theguardian.com

High Court gives green light to further grounds for challenge in ULEZ expansion judicial review – Local Government Lawyer

‘The High Court has allowed further grounds in the judicial review claim lodged by a coalition of London councils in opposition to the proposed expansion of the Ultra Low Emission Zone (ULEZ).’

Full Story

Local Government Lawyer, 30th May 2023

Source: www.localgovernmentlawyer.co.uk

Cornwall: Fake bomb sender jailed for two and a half years – BBC News

‘A man who sent a fake parcel bomb to an address in Cornwall has been jailed for two and a half years.’

Full Story

BBC News, 30th May 2023

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 31st, 2023 in legislation by tracey

SI 2023/582 – The Insider Dealing (Securities and Regulated Markets) Order 2023

SI 2023/588 – The Aviation Safety (Amendment) Regulations 2023

SI 2023/586 – The Competition Act 1998 (Motor Vehicle Agreements Block Exemption) (No. 2) Order 2023

SI 2023/568 – The Merchant Shipping (Fire Protection) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 31st, 2023 in law reports by tracey

Court of Appeal (Civil Division)

Avon Ground Rents Ltd v Canary Gateway (Block A) RTM Company Ltd [2023] EWCA Civ 616 (30 May 2023)

Court of Appeal (Criminal Division)

ZA, R. v [2023] EWCA Crim 596 (26 May 2023)

High Court (Administrative Court)

Bacau Disrict Court, Romania v Iancu [2023] EWHC 1274 (Admin) (26 May 2023)

Cusworth, R (On the Application Of) v Secretary of State for Justice [2023] EWHC 1281 (Admin) (26 May 2023)

Bowen, R (On the Application Of) v Kent County Council [2023] EWHC 1261 (Admin) (26 May 2023)

MXK & Ors, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 1272 (Admin) (26 May 2023)

High Court (Chancery Division)

Akbar v Ghaffar & Anor [2023] EWHC 1275 (Ch) (30 May 2023)

Henderson & Jones Ltd v Ross & Ors [2023] EWHC 1276 (Ch) (26 May 2023)

Grant v News Group Newspapers Ltd (Re Mobile Telephone Voicemail Interception Ligitation) [2023] EWHC 1273 (Ch) (26 May 2023)

Fisher v Dinwoodie [2023] EWHC 1279 (Ch) (26 May 2023)

High Court (Commercial Court)

Goyal & Anor v BGF Investment Management Ltd & Ors [2023] EWHC 1180 (Comm) (26 May 2023)

PizzaExpress Group Ltd & Ors v Liberty Mutual Insurance Europe SE & Anor [2023] EWHC 1269 (Comm) (26 May 2023)

Rhine Shipping DMCC v Vitol SA [2023] EWHC 1265 (Comm) (26 May 2023)

High Court (King’s Bench Division)

Chapman v Mid & South Essex NHS Foundation Trust [2023] EWHC 1290 (KB) (30 May 2023)

Kew Green Group Ltd & Anor v Lamb & Ors [2023] EWHC 1289 (KB) (30 May 2023)

Masih & Anor v Royal Wolverhampton NHS Trust [2023] EWHC 1280 (KB) (26 May 2023)

Hart District Council v Freeman & Anor [2023] EWHC 1246 (KB) (26 May 2023)

Frosdick v Official Receiver [2023] EWHC 1262 (KB) (26 May 2023)

Johnson v Secretary of State for the Home Department [2023] EWHC 1260 (KB) (26 May 2023)

Murithi & Ors v AVH Legal LLP (t/a Tandem Law) & Ors [2023] EWHC 1245 (KB) (26 May 2023)

Source: www.bailii.org

High Court dismisses negligence claim over failed group action – Legal Futures

‘The High Court has struck out a negligence claim against the law firm and eight barristers who acted on a failed group action on behalf of more than 40,000 Kenyans against the Foreign Office.’

Full Story

Legal Futures, 30th May 2023

Source: www.legalfutures.co.uk

BSB to lobby councils over disabled access to listed chambers buildings – Legal Futures

‘The Bar Standards Board (BSB) has written to chief planning officers in central London to express concern at the difficulties chambers face in adapting historic buildings for disabled access.’

Full Story

Legal Futures, 30th May 2023

Source: www.legalfutures.co.uk

Repayment prevented by sanctions – Law Society’s Gazette

Posted May 30th, 2023 in debts, interest, loans, news, repayment, Russia, sanctions by sally

‘In a novel application of the ancient equitable jurisdiction that protects a debtor’s right to redeem mortgaged property, after a short trial, Mr Justice Green granted Fortenova Grupa’s redemption action against LLC Shushary Holding – a subsidiary of VTB Bank PJSC, sanctioned in the UK, EU and US. The action concerned €1.157bn of senior secured floating rate notes issued by Fortenova and due to mature in September 2023; 38% of the notes were owned by Shushary.’

Full Story

Law Society's Gazette, 26th May 2023

Source: www.lawgazette.co.uk

SDT refused to disclose witness statements in sexual misconduct case – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) refused to disclose the witness statements of three young women who gave evidence of sexual misconduct by City lawyer Oliver Bretherton to journalists, it has emerged.’

Full Story

Legal Futures, 30th May 2023

Source: www.legalfutures.co.uk

Humanism and religious instruction in schools: the landmark case of Bowen – Law & Religion UK

‘The High Court decision in R (on the Application of Bowen) v Kent County Council [2023] EWHC 1261 (Admin) makes it clear that local authorities cannot exclude humanist representatives from their Standing Advisory Councils for Religious Education (SACREs). Although many SACREs already include humanists and this interpretation has been articulated in soft law, the judgment of Constable J is unambiguous on that point and presents a significant step forward. However, the judgment also highlights how the protection of non-religious beliefs continues to be controversial and lacking in clarity. This post will explore this welcome decision while highlighting the unresolved matters concerning freedom of non-religious beliefs.’

Full Story

Law & Religion UK, 30th May 2023

Source: lawandreligionuk.com

Government response to IICSA’s Final Report – Law & Religion UK

‘On 22 May, the Home Secretary made a statement on the Government’s response to the final report of the Independent Investigation into Child Sexual Abuse. She told the House of Commons that the Government had accepted the need to act on 19 of IICSA’s 20 recommendations (but see the response to Recommendation 3), though she also told the House that the Government’s response was not the final word. It should also be noted that “accepting the need to act” on a recommendation is not exactly the same as accepting the recommendation in full.’

Full Story

Law & Religion UK, 23rd May 2023

Source: lawandreligionuk.com