Month: July 2023

BAILII: Recent Decisions

Posted July 20th, 2023 in law reports by tracey

Supreme Court

Jones v Birmingham City Council & Anor (Rev1) [2023] UKSC 27 (19 July 2023)

Court of Appeal (Civil Division)

E (A Child: Care Proceedings Fact Finding) [2023] EWCA Civ 858 (19 July 2023)

Alma Property Management Ltd v Crompton & Anor [2023] EWCA Civ 849 (19 July 2023)

High Court (Administrative Court)

DK, R (On the Application Of) v London Borough of Croydon [2023] EWHC 1833 (Admin) (19 July 2023)

High Court (Chancery Division) Decisions

Lakey v Macabuag & Ors Re Mitt Wearables Ltd [2023] EWHC 1800 (Ch) (19 July 2023)

Lifestyle Equities CV & Anor v Royal County of Berkshire Polo Club Ltd & Ors [2023] EWHC 1839 (Ch) (19th July 2023)

ACL Netherlands BV & Ors v Lynch & Anor [2023] EWHC 1847 (Ch) (19 July 2023)

Kea Investments Ltd v Watson [2023] EWHC 1830 (Ch) (19 July 2023)

Lendinvest BTL Ltd v Property Services LDN Ltd [2023] EWHC 1778 (Ch) (18 July 2023)

High Court (Commercial Court)

LMH v EGK (Re Arbitration Act 1996) [2023] EWHC 1832 (Comm) (19 July 2023)

Delivery Hero SE v Mastercard Asia/Pacific Pte Ltd [2023] EWHC 1827 (Comm) (19 July 2023)

High Court (King’s Bench Division)

Styles v South Wales Police [2023] EWHC 1835 (KB) (19 July 2023)

High Court (Technology and Construction Court)

Henderson and Jones Ltd v Stargunter Ltd & Anor [2023] EWHC 1849 (TCC) (19 July 2023)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted July 20th, 2023 in legislation by tracey

SI 2023/828 – The National Health Service (Performers Lists) (England) (Amendment) (No. 2) Regulations 2023

SI 2023/827 – The Insurance Premium Tax (Amendment) Regulations 2023

SI 2023/824 – The Immigration (Passenger Transit Visa) (Amendment) Order 2023

SI 2023/823 – The Social Security (Contributions) (Amendment No. 6) Regulations 2023

SI 2023/822 – The School Teachers’ Incentive Payments (England) (Amendment) Order 2023

SI 2023/818 – The Transfer Pricing Records Regulations 2023

SI 2023/817 – The Platform Operators (Due Diligence and Reporting Requirements) Regulations 2023

SI 2023/787 – The Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) (Amendment) Regulations 2023

Source: www.legislation.gov.uk

Court of Appeal upholds challenge to Rwanda removals policy – an extended look – UK Human Rights Blog

Posted July 20th, 2023 in appeals, deportation, immigration, news, refugees, Rwanda, treaties, United Nations by tracey

‘R ((AAA) Syria and Ors) v Secretary of State for the Home Department [2023] EWCA Civ 745. The Claimants in this case are 10 individual asylum-seekers from Syria, Iraq, Iran, Vietnam, Sudan and Albania who entered the UK irregularly by crossing the English Channel in small boats, together with one charity, Asylum Aid.’

Full Story

UK Human Rights Blog, 19th July 2023

Source: ukhumanrightsblog.com

Domestic Homicide Sentencing Review and government response – Ministry of Justice

Posted July 20th, 2023 in domestic violence, homicide, news, reports, sentencing by tracey

‘The Domestic Homicide Sentencing Review undertaken by independent reviewer Clare Wade KC and the government response.’

Full Story

Ministry of Justice, 20th July 2023

Source: www.gov.uk

Eight out of 10 NHS claims now settle pre-issue – Legal Futures

Posted July 20th, 2023 in budgets, costs, health, hospitals, negligence, news, statistics by tracey

‘The proportion of claims settled by NHS Resolution pre-issue hit a record 80% in the last year, but the cost of claims still rose, according to its annual report.’

Full Story

Legal Futures, 20th July 2023

Source: www.legalfutures.co.uk

Neurodiverse judicial candidate fails in tribunal claim – Law Society’s Gazette

Posted July 20th, 2023 in autism, disabled persons, employment tribunals, equality, judiciary, news, recruitment by tracey

‘A candidate for the bench has lost an employment tribunal claim against the Judicial Appointments Commission (JAC) over reasonable adjustments.’

Full Story

Law Society's Gazette, 19th July 2023

Source: www.lawgazette.co.uk

Unrepresented claimant wins appeal against lawyers over house sale – Law Society’s Gazette

Posted July 20th, 2023 in appeals, law centres, legal advice, negligence, news, sale of land, service charges by tracey

‘An unrepresented claimant has won her appeal against lawyers in a negligence case described by the judge as a “stark example” of how attempts to hasten a victory go wrong.

Opening his judgment in Anna Christie v Mary Ward Legal Centre and Anor, The Honourable Mr Justice Turner said: “There is no shortage of civil cases in which well-intentioned attempts to hasten victory have had the very opposite effect. This case is a stark example of what can happen when things go wrong.”‘

Full Story

Law Society's Gazette, 19th July 2023

Source: www.lawgazette.co.uk

People who murder ex-partners could face longer sentences – The Guardian

Posted July 20th, 2023 in domestic violence, murder, news, sentencing by tracey

‘Partners who murder at the end of a relationship could face longer sentences under a proposed overhaul of punishments for domestic murder.’

Full Story

The Guardian, 20th July 2023

Source: www.theguardian.com

UK imposes visa requirements on five nations citing ‘abuse’ of the system – The Independent

Posted July 20th, 2023 in asylum, immigration, news, visas by tracey

‘Britain is imposing visa requirements for all visitors from Dominica, Honduras, Namibia, Timor-Leste and Vanuatu, as Suella Braverman cited abuse of the migration system.’

Full Story

The Independent, 20th July 2023

Source: www.independent.co.uk

Rishi Sunak apologises for past ban on LGBT people serving in military – The Guardian’

Posted July 20th, 2023 in armed forces, homosexuality, news, reports by tracey

‘Rishi Sunak and Ben Wallace have formally apologised to the Commons for the decades-long ban on LGBT people serving in the UK armed forces, after the publication of a government-commissioned review.’

Full Story

The Guardian, 19th July 2023

Source: www.theguardian.com

Dangerous rapist jailed for life for ‘horrific’ attacks – BBC News

Posted July 20th, 2023 in assault, coercive & controlling behaviour, news, rape, sentencing by tracey

‘A 34-year-old man has been jailed for life after assaulting and raping two women in “horrific” attacks.’

Full Story

BBC News,19h July 2023

Source: www.bbc.co.uk

UK amends encrypted message scanning plans – BBC News

Posted July 20th, 2023 in bills, child abuse, encryption, indecent photographs of children, news by tracey

‘The UK government has amended powers that could be used to force tech firms to scan encrypted messages for child abuse images.’

Full Story

BBC News, 19th July 2023

Source: www.bbc.co.uk

Man who killed pregnant woman after driving at 123mph on M66 jailed for 12 years – The Guardian

Posted July 20th, 2023 in dangerous driving, news, pregnancy, sentencing by tracey

‘A man who killed a pregnant woman as he filmed himself speeding at 123mph has been handed a 12-year prison sentence.’

Full Story

The Guardian, 19th July 2023

Source: www.theguardian.com

BAILII: Recent Decisions

Posted July 19th, 2023 in law reports by tracey

Court of Appeal (Civil Division)

Vernacare Ltd v Moulded Fibre Products Ltd [2023] EWCA Civ 841 (18 July 2023)

High Court (Chancery Division)

Williams & Anor v Alter Domus Trustees (UK) Ltd & Ors (Rev1) [2023] EWHC 1820 (Ch) (18 July 2023)

High Court (Commercial Court)

Advance Global Capital Ltd v Coombes [2023] EWHC 1822 (Comm) (17 July 2023)

High Court (King’s Bench Division)

DJ v Barnsley Metropolitan Borough Council [2023] EWHC 1815 (KB) (18 July 2023)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted July 19th, 2023 in legislation by tracey

SI 2023/816 – The Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023

SI 2023/814 – The Designation of Schools Having a Religious Character (England) Order 2023

SI 2023/813 – The Relief for Research and Development (Content of Claim Notifications, Additional Information Requirements and Miscellaneous Amendments) Regulations 2023

SI 2023/812 – The National Insurance Contributions Act 2022 (Freeports and Investment Zones) (Consequential Amendments) Regulations 2023

SI 2023/807 – The Electoral Commission (Limit on Public Awareness Expenditure) Order 2023

SI 2023/809 – The Higher Education (Freedom of Speech) Act 2023 (Commencement No. 1) Regulations 2023

SI 2023/805 – The Goods Vehicles (Licensing of Operators) (Exemptions and Modifications) (Amendment) Regulations 2023

Source: www.legislation.gov.uk

What is changing for International Students in July 2023 – EIN Blog

Posted July 19th, 2023 in education, employment, news, universities, visas by tracey

‘From 17 July 2023, international students can only switch into a sponsored work route (the Skilled Worker or Scale-up Worker) after they have completed their course of studies. PhD students can switch into the sponsored work route 24 months after the start date of the course.’

Full Story

EIN Blog, 19th July 2023

Source: www.ein.org.uk

UK Supreme Court limits application of the public sector equality duty overseas – EIN Blog

Posted July 19th, 2023 in appeals, asylum, equality, limitations, news, refugees, Supreme Court by tracey

‘The UK Supreme Court unanimously decided that the public sector equality duty in the Equality Act 2010 does not apply directly to persons outside of the UK. However, the equalities objectives may remain indirectly relevant to decision-makers.’

Full Story

EIN Blog, 18th July 2023

Source: www.ein.org.uk

Tales from the County Courts – non-occupation of council tenancy, unlawful eviction and ‘wild allegations’ all over the place – Nearly Legal

Posted July 19th, 2023 in county courts, housing, landlord & tenant, news, repossession by tracey

‘A couple of County Court judgments – by HHJ Luba KC, as a circuit judge. Buckle up for a bumpy ride through the all too familiar county court landscape of erratic pleadings, lengthy delays and parties who rather mistakenly think that their own bluster and allegations will see them through, without supporting evidence or indeed logic. First, a possession claim for non-occupation of a secure tenancy as only or principle home, and then a possession claim that went badly wrong for a landlord facing a counter claim for deposit penalties, disrepair, harassment and unlawful eviction.’

Full Story

Nearly Legal, 17th July 2023

Source: nearlylegal.co.uk

Supporting pupils with ADHD in school – Local Government Lawyer

Posted July 19th, 2023 in children, disability discrimination, disabled persons, education, equality, local government, news, school children, special educational needs, teachers by tracey

‘Laura Martin and Theresa Kerr provide a legal perspective on how pupils with ADHD can be supported in school.’

Full Story

Local Government Lawyer, 18th July 2023

Source: www.localgovernmentlawyer.co.uk

Covid and cancelled school trips – Local Government Lawyer

Posted July 19th, 2023 in compensation, coronavirus, holidays, local government, news, school children by tracey

‘Sarah Prager KC analyses the latest instalment in the great Covid refund saga.’

Full Story

Local Government Lawyer, 18th July 2023

Source: www.localgovernmentlawyer.co.uk