Asiah Kudi: Baby death could not have been predicted – inquest -BBC News

Posted June 22nd, 2023 in child neglect, children, inquests, news, unlawful killing by tracey

‘The death of a baby who was left alone for six days while her mother partied could not have been predicted, an inquest has concluded.’

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BBC News, 21st June 2023

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 22nd, 2023 in legislation by tracey

SI 2023/677 – The Strategic Highways Company (Name Change and Consequential Amendments) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 22nd, 2023 in law reports by tracey

Supreme Court

Wang & Anor, R (on the application of) v Secretary of State for the Home Department [2023] UKSC 21 (21 June 2023)

Maguire, R (on the application of) v His Majesty’s Senior Coroner for Blackpool & Fylde & Anor [2023] UKSC 20 (21 June 2023)

High Court (Administrative Court)

Taytime Ltd v Secretary of State for Levelling Up Housing And Communities & Ors [2023] EWHC 1522 (Admin) (21 June 2023)

High Court (Chancery Division)

Bhandal v HM Revenue & Customs & Anor [2023] EWHC 1498 (Ch) (21 June 2023)

Hilding Anders International AB & Anor, In the Matter Of (Re Companies Act 2006) [2023] EWHC 1513 (Ch) (21 June 2023)

Hashmi v Lorimer-Wing & Ors (Re Fore Fitness Investments Holdings Ltd & Companies Act 2006) [2023] EWHC 1514 (Ch) (21 June 2023)

High Court (King’s Bench Division)

Hilden Developments Ltd v Phillips Auctioneers Ltd & Anor [2023] EWHC 1506 (KB) (21 June 2023)

Source: www.bailii.org

R (on the application of Wang and another) v Secretary of State for the Home Department [2023] UKSC 21 – EIN Blog

‘This appeal relates to the interpretation of the Immigration Rules, in particular the Tier 1 (Investor) Migrant regime (as in force in December 2017 – it has since been closed). This regime was designed to grant leave to remain to high-net-worth individuals making a substantial financial contribution to the UK. To qualify individuals were required to have £1 million (of either their own money or money borrowed from a UK-regulated financial institution) under their control in the UK. They must also have invested at least £750,000 of such sum in the UK through UK Government bonds or in shares in or loans to active and trading UK-registered companies (subject to certain further restrictions and exclusions).’

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EIN Blog, 21st June 2023

Source: www.ein.org.uk

FSA proposals aim to drive improvements in UK food safety and hygiene – OUT-LAW.com

Posted June 22nd, 2023 in consultations, food, food hygiene, health & safety, news by tracey

‘A recent consultation published by the UK’s Food Standards Agency (FSA) puts risk management practices, food safety culture and sustained compliance at the centre of its proposals for a modernised food hygiene delivery model.’

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OUT-LAW.com, 20th June 2023

Source: www.pinsentmasons.com

Mike Gordon: Creating an Integrity and Ethics Commission in the UK: The Case for Reform and Challenges for Implementation – UK Constitutional Law Association

‘In an era of intense and continuing controversy over the rules of political responsibility, the question of how to reform the current framework of constitutional standards applicable to politicians requires serious consideration. In addition to the regularity with which allegations about ministerial irresponsibility are being raised and sometimes (eventually) addressed, there are clearly structural challenges relating to these accountability processes and practices. There are legitimate concerns about the consistency, certainty, efficacy, independence and transparency of decision-making in this context. These concerns apply to the way in which potential violations of ethical standards are investigated, and also to the way in which sanctions are (or are not – or are not for long) imposed on political actors who are found to have broken the rules. The systemic nature of the UK’s failings in this area shows the need to consider potentially radical constitutional reforms.’

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UK Constitutional Law Association, 22nd June 2023

Source: ukconstitutionallaw.org

Council appeal succeeds after Upper Tribunal finds landlord questioned during First Tier Tribunal hearing was wrong person – Local Government Lawyer

Posted June 22nd, 2023 in landlord & tenant, licensing, news, penalties by tracey

‘The Upper Tribunal has remitted a decision concerning the penalty for an unlicensed landlord to the First Tier Tribunal after it became apparent that the man thought to be the landlord in the First Tier Tribunal hearing was, in fact, the landlord’s father.’

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Local Government Lawyer, 22nd June 2023

Source: www.localgovernmentlawyer.co.uk

Claimant win High Court battle over social and life skills activities and disability related expenditure – Local Government Lawyer

Posted June 22nd, 2023 in autism, budgets, disabled persons, local government, news by tracey

‘The Royal Borough of Windsor & Maidenhead has lost a High Court case over whether a 25-year-old man with autism can count his social and life skills activities as disability related expenditure (DRE).’

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Local Government Lawyer, 22nd June 2023

Source: www.localgovernmentlawyer.co.uk

Firm called in to review bar’s struggling enforcement system – Law Society’s Gazette

Posted June 22nd, 2023 in barristers, enforcement, law firms, news, standards by tracey

‘International firm Fieldfisher LLP has been given the job of assessing whether the under-fire system for punishing errant barristers is fit for purpose.’

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Law Society's Gazette, 21st June 2023

Source: www.lawgazette.co.uk

‘Pitiful’ collusion claim against firm thrown out in High Court – Law Society’s Gazette

Posted June 22nd, 2023 in fraud, law firms, negligence, news, pleadings, striking out by tracey

‘A High Court judge has thrown out allegations of collusion and negligence against a law firm after agreeing that the case was “going nowhere”.’

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Law Society's Gazette, 21st June 2023

Source: www.lawgazette.co.uk

New guidance needed to stop ministers putting friends on Whitehall boards – The Guardian

‘Ministers may be bringing in political “super-spads” through the backdoor by putting them on the boards of Whitehall departments, a leading committee of MPs has found, as it called for an overhaul of appointment rules.’

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The Guardian, 21st June 2023

Source: www.theguardian.com

Met officer convicted for pepper spraying man as he climbed down building – The Guardian

Posted June 22nd, 2023 in assault, London, news, police by tracey

‘A Metropolitan police officer who used pepper spray on a man as he climbed down a drainpipe attached to a high-rise apartment block has been convicted of assault, the force said.’

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The Guardian, 22nd June 2023

Source: www.theguardian.com

Beccles air crash: Pilot’s death accidental, inquest finds – BBC News

Posted June 22nd, 2023 in accidents, aircraft, inquests, news by tracey

‘The death of an 87-year-old pilot in a light aircraft crash was accidental, an inquest jury concluded. Peter Walker, from Lincoln, died from multiple traumatic injuries in the crash at Beccles Aerodrome in Suffolk on 24 March last year. Although not a factor in Mr Walker’s death, the court heard of concerns about a lack of medical guidance for the recertification for pilots over 70.’

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BBC News, 21st June 2023

Source: www.bbc.co.uk

Child safety: Inconsistencies in safeguarding – review – BBC News

Posted June 22nd, 2023 in child abuse, child neglect, news, reports, Wales by tracey

‘There are inconsistencies in child safeguarding in Wales, the care inspectorate has said. There were 32 reviews in progress in May about children who died or were seriously hurt due to abuse or neglect.’

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BBC News, 22nd June 2023

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 21st, 2023 in legislation by tracey

SI 2023/676 – The Seed Marketing (Heterogeneous Material) (Temporary Experiment) (England) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 21st, 2023 in law reports by tracey

Court of Appeal (Civil Division)

Morton & Anor v Morton [2023] EWCA Civ 700 (20 June 2023)

Verition Advisors (UK Partners) LLP v Jump Trading International Ltd [2023] EWCA Civ 701 (20 June 2023)

S (A Child) [2023] EWCA Civ 706 (20 June 2023)

K & L (Children: Fairness of Hearing) [2023] EWCA Civ 686 (20 June 2023)

Court of Appeal (Criminal Division)

Lake, R. v [2023] EWCA Crim 710 (20 June 2023)

High Court (Commercial Court)

Yieldpoint Stable Value Fund, LP v Kimura Commodity Trade Finance Fund Ltd [2023] EWHC 1512 (Comm) (20 June 2023)

High Court (Family Division)

A v B (Appeal: Domestic Abuse) [2023] EWHC 1499 (Fam) (20 June 2023)

Source: www.bailii.org

Employment and “protected beliefs”: Higgs v Farmor’s School – Law & Religion UK

‘In Higgs v Farmor’s School [2023] EAT 89, Mrs Higgs worked as a pastoral administrator and work experience manager at Farmor’s School. Complaints were received about Facebook posts that she had made about relationship education in primary schools: in particular, she re-posted someone else’s post, heading it, “PLEASE READ THIS! THEY ARE BRAINWASHING OUR CHILDREN!” [5]. She also re-posted similar material. She accepted that her posts might have been seen by parents of pupils at Farmor’s School, though she pointed out that she had not mentioned the school itself [9].
She was suspended and, after a disciplinary investigation and an appeal, dismissed [16 & 17]. She took the school to an Employment Tribunal, arguing that her dismissal amounted either to direct discrimination because of her protected beliefs or to harassment relating to them.’

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Law & Religion UK, 20th June 2023

Source: lawandreligionuk.com

Court rules that genuine attempt to restructure did not put assets beyond reach of creditors – OUT-LAW.com

Posted June 21st, 2023 in company law, fraud, insolvency, news, winding up by tracey

‘A recent ruling of the English High Court found that a genuine attempt to restructure a company did not amount to an ‘informal winding-up’ in contradiction of insolvency laws on the distribution of assets to creditors.’

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OUT-LAW.com, 20th June 2023

Source: www.pinsentmasons.com

Tim Sayer: The Passive Virtues and the Abuse of Delegated Legislation: Courts, the Political Constitution and the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 – UK Constitutional Law Association

Posted June 21st, 2023 in constitutional law, judicial review, news by tracey

‘In 1961 Alexander Bickel argued that the US Supreme Court should adopt what he called the “passive virtues” – minimising engagement with hard constitutional questions so as to keep its powder dry for the most essential issues. One such question that appears headed for the UK courts is the Home Secretary’s decision to use delegated powers in the Police, Crime, Sentencing and Courts Act 2022 (“the 2022 Act”) to introduce the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 (“the Regulations”) conferring additional powers on the police to impose restrictions on protests and processions. Notwithstanding existing concerns around the use of delegated legislation to introduce substantive and controversial policy, the unusual and serious constitutional issue here is that the Regulations make changes to the law specifically rejected by Parliament during debates on the 2022 Act.’

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UK Constitutional Law Association, 19th June 2023

Source: ukconstitutionallaw.org

Ex-One Legal staff given pay award over redundancy without notice – Legal Futures

‘Sixty-four former employees of One Legal – the alternative business structure that owned two criminal law firms – have been granted full protective awards because they were made redundant without notice.’

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Legal Futures, 21st June 2023

Source: www.legalfutures.co.uk