Boeing 737 crash: Coroner rules Britons unlawfully killed – BBC News

Posted July 11th, 2023 in aircraft, inquests, news, unlawful killing by sally

‘Three British people who died in a plane crash were unlawfully killed, a coroner has ruled.’

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BBC News, 10th July 2023

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 10th, 2023 in legislation by michael

SI 2023/774 – The Customs (Tariff and Miscellaneous Amendments) Regulations 2023

SI 2023/772 – The Post Office Horizon Shortfall Scheme Top-Up Payments (Tax Exemptions) Regulations 2023

SI 2023/770 – The Environmental Offences (Fixed Penalties) (Amendment) (England) Regulations 2023

SI 2023/768 – The Firearms (Air Weapons) (England and Wales) Rules 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 10th, 2023 in law reports by michael

Court of Appeal (Civil Division)

Kanu, R (On the Application Of) v Secretary of State for Foreign, Commonwealth and Development Affairs [2023] EWCA Civ 796 (07 July 2023)

Norman & Anor v Adler & Anor [2023] EWCA Civ 785 (07 July 2023)

Court of Appeal (Criminal Division)

Bennett, R. v [2023] EWCA Crim 795 (07 July 2023)

High Court (Administrative Court)

Widdington Parish Council, R (On the Application Of) v Uttlesford District Council [2023] EWHC 1709 (Admin) (07 July 2023)

Boswell, R (On the Application Of) v Secretary of State for Transport [2023] EWHC 1710 (Admin) (07 July 2023)

El Diwany v Solicitors Regulation Authority Ltd [2023] EWHC 1707 (Admin) (07 July 2023)

High Court (Chancery Division)

Trude v Hyman & Anor [2023] EWHC 1703 (Ch) (07 July 2023)

Cossac Holdings Ltd v Preferred Management Ltd & Ors [2023] EWHC 1721 (Ch) (07 July 2023)

Hartley Pensions Ltd v Wilton UK (Group) Ltd (Re Insolvency Act 1986) [2023] EWHC 1700 (Ch) (07 July 2023)

Copley v Winter [2023] EWHC 1712 (Ch) (06 July 2023)

High Court (Commercial Court)

World Challenge Expeditions Ltd v Zurich Insurance Company Ltd [2023] EWHC 1696 (Comm) (07 July 2023)

Source: www.bailii.org

Metropolitan Police investigation into the murder of Stephen Lawrence – House of Commons Library

‘On 22 April 1993, Stephen Lawrence, an 18-year-old Black man, was stabbed to death at a bus stop in Eltham, south-east London by a group of White youths in an unprovoked, racist attack. Stephen’s friend, Duwayne Brooks, was with him at the time and witnessed the attack.’

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House of Commons Library, 9th July 2023

Source: commonslibrary.parliament.uk

Fairness versus Certainty – Should the Matrimonial Causes Act 1973 be Amended to Restrict the Duration of Spousal Maintenance? – Financial Remedies Journal

‘As part of the Law Commission’s review of the law concerning financial division upon divorce, announced on 4 April 2023, it will consider “how maintenance payments for an ex-spouse or civil partner should work”. The terms of reference set out that the Law Commission is to consider specifically potential maximum periods for spousal periodical payment orders.’

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Financial Remedies Journal, 3rd July 2023

Source: financialremediesjournal.com

Nottingham maternity review set to become UK’s largest – BBC News

Posted July 10th, 2023 in bereavement, birth, children, families, hospitals, inquiries, news, pregnancy by sally

‘A review into failings in maternity care in hospitals in Nottingham is set to become the largest in the UK, the BBC understands.’

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BBC News, 10th July 2023

Source: www.bbc.co.uk

What is ‘reasonable notice’? – 3 Hare Court

Posted July 10th, 2023 in chambers articles, contracts, news, notification by sally

‘In the absence of a formal written agreement, how will the courts determine “reasonable notice” for termination? Anna Lancy & Robert Strang consider the key factors in this New Law Journal article.’

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3 Hare Court, 12th June 2023

Source: www.3harecourt.com

Case Note on the Supreme Court case of R (Maguire) v The Coroner for Blackpool & Fylde [2023] UKSC 20 – 2 Hare Court

‘The long running case of Maguire has finally been concluded in a Supreme Court judgment handed down last week. The bottom line is and remains that the threshold for Article 2 remains high in cases involving health and social care. The case is particularly helpful for its detailed and comprehensive analysis of the authorities and the relevant legal principles in relation to the application of Article 2 and is a must read for those practising in the coronial area.’

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2 Hare Court, 30th June 2023

Source: www.2harecourt.com

New Judgment: R (on the application of Officer W80) v Director General of the Independent Office for Police Conduct and others [2023] UKSC 24 – UKSC Blog

‘W80, an armed police officer, shot Jermaine Baker dead in a police operation. Mr Baker was implicated in a plot to snatch two individuals from custody. The police had intelligence that the plotters would be in possession of firearms. W80’s account was that during the intervention, Mr Baker’s hands moved quickly up to a shoulder bag on his chest. Fearing for his life and those of his colleagues, W80 fired one shot. No firearm was found in the bag, but an imitation firearm was in the rear of the car.’

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UKSC Blog, 5th July 2023

Source: ukscblog.com

NHS trust brings judicial review against three councils in bid to secure £1.8m in developer contributions – Local Government Lawyer

Posted July 10th, 2023 in budgets, hospitals, housing, judicial review, local government, news, planning by sally

‘The High Court is set to hear a challenge from Worcestershire Acute Hospitals NHS Trust over a decision by three local councils to refuse its request for developer contributions towards healthcare service provision before approving a 2,200-dwelling development.’

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Local Government Lawyer, 7th July 2023

Source: www.localgovernmentlawyer.co.uk

Met Police: Doreen Lawrence concerned about pace of reform – BBC News

‘The mother of Stephen Lawrence says she is “profoundly concerned” about the slow pace of reforms in the Met Police.’

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BBC News, 10th July 2023

Source: www.bbc.co.uk

Operating CCTV lawfully – Local Government Lawyer

‘A county court judge has ruled that Islington Council’s operated its CCTV system lawfully. Sam Fowles explains why.’

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Local Government Lawyer, 7th July 2023

Source: www.localgovernmentlawyer.co.uk

Housing case law update: June 2023 – Local Government Lawyer

‘Catherine Craven and Jane Goodier round up the latest housing law cases and court decisions of interest to housing associations and local authorities.’

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Local Government Lawyer, 7th July 2023

Source: www.localgovernmentlawyer.co.uk

Landmark Sizewell C ruling instructive for projects of all shapes and sizes – OUT-LAW.com

‘The High Court’s ruling that the UK government’s approval of the proposed Sizewell C nuclear power plant was lawful contains valuable reminders on how projects of all shapes and sizes should approach environmental assessments.’

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OUT-LAW.com, 6th July 2023

Source: www.pinsentmasons.com

UK government avoids ‘self-inflicted wound’ by abandoning Bill of Rights Bill – OUT-LAW.com

Posted July 7th, 2023 in bills, government departments, human rights, news by tracey

‘The UK government’s decision to abandon its plan for sweeping reforms to human rights legislation comes as no surprise, according to one legal expert.’

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OUT-LAW.com, 6th July 2023

Source: www.pinsentmasons.com

Philip Murray: Reconsidering Ouster Clauses: The High Court’s Decision in Oceana – UK Constitutional Law Association

Posted July 7th, 2023 in constitutional law, news, parliament, rule of law by tracey

‘To many, ouster clauses represent a conflict between, on the one hand, the will of a sovereign Parliament and, on the other, the rule of law’s demands that public bodies act within the limits of their powers. The common law has traditionally sought to interpret ouster clauses restrictively, employing reasoning articulated classically (but far from the first time) in Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147 and continued more recently in R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22. That reasoning provides that ouster clauses do not apply where a public body has acted outside its jurisdiction: the “decision”, “determination”, etc (in the language of the clause) is null and void, such that there is nothing in law to which the clause might attach. The courts are thus able to safeguard the supervisory jurisdiction of the High Court while still claiming to pay due respect to Parliament’s decrees.’

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UK Constitutional Law Association, 5th July 2023

Source: ukconstitutionallaw.org

New Act – legislation.gov.uk

Posted July 7th, 2023 in housing, legislation by tracey

2023 c. 26 – Supported Housing (Regulatory Oversight) Act 2023

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 7th, 2023 in legislation by tracey

SI 2023/758 – The Administration of Estates Act 1925 (Fixed Net Sum) Order 2023

SI 2023/752 – The Taxes (Base Erosion and Profit Shifting) (Country-by-Country Reporting) (Amendment) Regulations 2023

SI 2023/751 – The Social Security (Contributions) (Amendment No. 4) Regulations 2023

SI 2023/747 – The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2023

SI 2023/764 – The Cosmetic Products (Restriction of Chemical Substances) Regulations 2023

SI 2023/760 – The Road Vehicles (Authorised Weight) (Amendment) Regulations 2023

SI 2023/759 – The Divorce, Dissolution and Separation Act 2020 (Consequential Amendments) Regulations 2023

SI 2023/755 – The Safety of Sports Grounds (Designation) (Amendment) (England) (No. 3) Order 2023

SI 2023/739 – The Drivers’ Hours and Tachographs (Amendment) Regulations 2023

SI 2023/767 – The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2023

SI 2023/766 – The Judicial Pensions (Remediable Service etc.) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 7th, 2023 in law reports by tracey

Supreme Court

W80, R. (on the application of Officer) v Director General of the Independent Office for Police Conduct & Ors [2023] UKSC 24 (05 July 2023)

Court of Appeal (Civil Division)

G & H (Leave To Revoke Placement Order) [2023] EWCA Civ 768 (06 July 2023)

Court of Appeal (Criminal Division)

WJ, R. v [2023] EWCA Crim 789 (06 July 2023)

High Court (Administrative Court)

Cabinet Office, R (On the Application Of) v Chair of the UK COVID-19 Inquiry [2023] EWHC 1702 (Admin) (06 July 2023)

Tattersall, R (On the Application Of) v NHS England [2023] EWHC 1677 (Admin) (05 July 2023)

Chilldara Group Holdings Ltd v West Northamptonshire Council [2023] EWHC 1675 (Admin) (05 July 2023)

High Court (Chancery Division)

Ramji v Harvey & Ors [2023] EWHC 1664 (Ch) (06 July 2023)

Prezzo Investco Ltd, In the Matter of (Re Companies Act 2006) [2023] EWHC 1679 (Ch) (05 July 2023)

High Court (Commercial Court)

KVB Consultants Ltd & Ors v Jacob Hopkins McKenzie Ltd & Ors [2023] EWHC 1686 (Comm) (06 July 2023)

Smart Gain Shipping Co. Ltd v Langlois Enterprises Ltd [2023] EWHC 1683 (Comm) (05 July 2023)

High Court (Family Division)

Z v Z [2023] EWHC 1673 (Fam) (05 July 2023)

High Court (King’s Bench Division)

Hine Solicitors Ltd v Jones & Anor [2023] EWHC 1708 (KB) (06 July 2023)

Bekoe v Mayor and Burgesses of the London Borough of Islington [2023] EWHC 1668 (KB) (05 July 2023)

FLR v Chandran [2023] EWHC 1671 (KB) (05 July 2023)

Source: www.bailii.org

“AI won’t replace lawyers – so long as they embrace it,” says top City firm – Legal Futures

‘Generative artificial intelligence (AI) will not replace lawyers, but lawyers who use it will replace those who do not, the head of lawtech at a leading City law firm has predicted.’

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Legal Futures, 6th July 2023

Source: www.legalfutures.co.uk