Recent Statutory Instruments – legislation.gov.uk

Posted October 20th, 2023 in legislation by tracey

SI 2023/1094 – The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023

SI 2023/1087 – The Royal Navy (Ratings) and Royal Marines Terms of Service (Amendment) Regulations 2023

SI 2023/1104 – The British Nationality (British Overseas Territories) (Amendment) Regulations 2023

SI 2023/1099 – The Misuse of Drugs (England and Wales and Scotland) (Amendment) Regulations 2023

SI 2023/1105 – The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) (No. 2) Regulations 2023

SI 2023/1102 – The Armed Forces Act 2021 (Commencement No. 7) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 20th, 2023 in law reports by tracey

Supreme Court

Dalton, Re Application for Judicial Review (Northern Ireland) [2023] UKSC 36 (18 October 2023)

Court of Appeal (Civil Division)

London Borough of Hackney v P & Ors (Re Jurisdiction: 1996 Hague Child Protection Convention) [2023] EWCA Civ 1213 (19 October 2023)

Revenue And Customs v LG Park HT1 Ltd & Ors [2023] EWCA Civ 1193 (17 October 2023)

Court of Appeal (Criminal Division)

Pierini & Anor, R. v [2023] EWCA Crim 1189 (17 October 2023)

Austin v R. [2023] EWCA Crim 1192 (16 October 2023)

High Court (Administrative Court)

Greenpeace Ltd, R (On the Application Of) v Secretary of State for Energy Security and Net Zero & Anor [2023] EWHC 2608 (Admin) (19 October 2023)

Tottenham Hotspur Ltd, R (On the Application Of) v London Borough of Haringey [2023] EWHC 2569 (Admin) (18 October 2023)

High Court (Chancery Division)

Phoenix Life Assurance Ltd, Re (Re Financial Services and Markets Act 2000) [2023] EWHC 2612 (Ch) (19 October 2023)

National Westminster Bank PLC & Ors v Ludlow Trust Company Ltd & Ors [2023] EWHC 2532 (Ch) (17 October 2023)

Mercy Global Consult Ltd v Adegbuyi-Jackson & Ors [2023] EWHC 2567 (Ch) (16 October 2023)

High Court (Commercial Court)

Kalo v Sal [2023] EWHC 2606 (Comm) (19 October 2023)

High Court (Family Division)

B v C (No. 2) (1996 Hague Convention Art 22) [2023] EWHC 2524 (Fam) (19 October 2023)

Derbyshire County Council v The Mother & Ors [2023] EWHC 2552 (Fam) (13 October 2023)

High Court (King’s Bench Division)

Limbu & Ors v Dyson Technology Ltd & Ors [2023] EWHC 2592 (KB) (19 October 2023)

Jusan Technologies Ltd v Bureau of Investigative Journalism & Anor [2023] EWHC 2581 (KB) (18 October 2023)

Ijaz v Manan [2023] EWHC 2574 (KB) (17 October 2023)

The Scout Association v Kemp [2023] EWHC 2575 (KB) (17 October 2023)

Clark v Chief Constable of Merseyside Police [2023] EWHC 2565 (KB) (16 October 2023)

Lott & Ors v PSA Automobiles SA & Ors [2023] EWHC 2568 (KB) (16 October 2023)

Media Trust SPA (As Trustee for the Jacaranda Trust) v BGB Weston Ltd & Ors [2023] EWHC 1491 (KB) (16 October 2023)

High Court (Technology and Construction Court)

Municipio De Mariana & Ors v BHP Group (UK) Ltd & Anor [2023] EWHC 2607 (TCC) (19 October 2023)

J & B Hopkins Ltd v A & V Building Solution Ltd [2023] EWHC 2576 (TCC) (17 October 2023)

Pinewood Technologies Asia Pacific Ltd v Pinewood Technologies Plc [2023] EWHC 2506 (TCC) (13 October 2023)

Source: www.bailii.org

Prison reforms will cut reoffending and put worst offenders behind bars for longer – Ministry of Justice

‘A fundamental shake-up of the justice system that takes dangerous offenders off the streets for longer while rehabilitating lower risk offenders has been outlined today by Lord Chancellor Alex Chalk.’

Full Story

Ministry of Justice, 16th October 2023

Source: www.gov.uk

Court of Protection case law update – Local Government Lawyer

Posted October 20th, 2023 in autism, Court of Protection, hospitals, local government, medical treatment, news by tracey

‘Lauren Gardner and Eleanor Suthern round up the latest rulings of interest to Court of Protection practitioners.’

Full Story

Local Government Lawyer, 20th October 2023

Source: www.localgovernmentlawyer.co.uk

Is refusal of food indicative of lack of capacity? – Local Government Lawyer

‘Ella Pudney discusses a recent Court of Protection case on the determination of capacity for the refusal of food in prison.’

Full Story

Local Government Lawyer, 20th October 2023

Source: www.localgovernmentlawyer.co.uk

London borough successfully prosecutes building owner over delays in removing dangerous cladding – Local Government Lawyer

‘Newham is understood to have become the first local authority in Britain to successfully prosecute a building owner for failing to remove flammable cladding.’

Full Story

Local Government Lawyer, 19th October 2023

Source: www.localgovernmentlawyer.co.uk

“Great deal of work” still needed on barrister apprenticeships – Legal Futures

Posted October 20th, 2023 in barristers, news by tracey

‘There is still a “great deal of work” to be done to ensure that barrister apprenticeships are ready for launch, the Bar Standards Board (BSB) has warned, even though it is set to move closer today.’

Full Story

Legal Futures, 20th October 2023

Source: www.legalfutures.co.uk

Review into 50-year-old laws on social care for disabled children – Law Commission

‘Law Commission aims to simplify and strengthen the law, allowing children with disabilities to access the support they need. The review will ensure the law is fair, modern and accessible, works for parents, care givers and local authorities.’

Full Story

Law Commission, 17th October 2023

Source: www.lawcom.gov.uk

Nitrous oxide to be illegal from November – Home Office

‘Possession of nitrous oxide, also known as “laughing gas”, will be illegal from 8 November 2023.’

Full Story

Home Office, 18th October 2023

Source: www.gov.uk

Courts increase sentences for child sex offenders – Attorney General’s Office

‘Figures released as part the Unduly Lenient Sentence (ULS) scheme annual statistics for 2022 show there were 23 child sex offence sentence increases. This was followed by 10 sentences increased for rape offences and 7 for cases involving grievous bodily harm.’

Full Story

Attorney General's Office, 17th October 2023

Source: www.gov.uk

Sutton-in-Craven: Drug driver jailed for killing boy, 9, in hit-and-run crash – BBC News

‘A van driver who smoked crack cocaine before crashing into a nine-year-old boy and killing him has been jailed.’

Full Story

BBC News, 19th October 2023

Source: www.bbc.co.uk

Army members allowed to give evidence to living standards inquiry – BBC News

Posted October 20th, 2023 in armed forces, evidence, government departments, housing, inquiries, news by tracey

‘Members of the armed forces will be permitted to give evidence to MPs about the standard of their living quarters in a partial government climbdown.’

Full Story

BBC News, 16th October 2023

Source: www.bbc.co.uk

Lucy Letby inquiry to consider hospital and NHS culture – The Guardian

Posted October 20th, 2023 in birth, children, families, hospitals, inquiries, murder, news, nurses by tracey

‘The inquiry into how Lucy Letby was able to murder seven babies will look into the direct experiences of parents, the conduct of other staff at the Countess of Chester hospital and the wider effectiveness of NHS governance, the Department of Health has said. Announcing the formal terms of reference for the inquiry, the government listed 30 questions to be considered within the three broad categories, including whether there were proper whistleblowing procedures and whether the NHS trust was “sufficiently candid” with parents.’

Full Story

The Guardian, 19th October 2023

Source: www.theguardian.com

Sunak to push ahead with delayed ban on gay and trans conversion practices – The Guardian

‘Rishi Sunak will push ahead with long-delayed plans to ban gay and trans conversion practices after Conservative whips warned MPs could rebel if they failed to do so.’

Full Story

The Guardian, 19th October 2023

Source: www.theguardian.com

River Wye: Judicial review granted over agricultural pollution – BBC News

‘A judge has granted a judicial review into the way the Environment Agency (EA) in England enforces agricultural pollution laws.’

Full Story

BBC News, 20th October 2023

Source: www.bbc.co.uk

Research Briefing: Reuse of graves – House of Commons Library

Posted October 20th, 2023 in burials and cremation, Law Commission, news, parliament, Scotland by tracey

‘This briefing paper considers reuse of graves as a means of addressing the problem of the shortage of available space for burial.’

Full Story

House of Commons Library, 16th October 2023

Source: commonslibrary.parliament.uk