Month: October 2023
Property Guardians and HMOs – occupation and use – Nearly Legal
‘Global 100 Ltd v Jimenez & Ors (2023) EWCA Civ 1243. This was the Court of Appeal judgment in the latest of Global 100 (and Global Guardians) attempts to get out of properties occupied by guardians being subject to local auhtority licensing requirements, and the consequences of that.’
Nearly Legal, 29th October 2023
Source: nearlylegal.co.uk
Online Safety Act becomes UK law with more detail on duties imminent – OUT-LAW.com
‘Content platforms in the UK can expect to receive more details on the steps they might need to take to address the risk of illegal online harms on 9 November, a regulator has confirmed after the Online Safety Act passed into UK law.’
OUT-LAW.com, 27th October 2023
Source: www.pinsentmasons.com
Barrier to employment lifted for thousands of ex-offenders – Ministry of Justice
‘Over 120,000 former offenders will find it easier to get work and turn their lives away from crime following a change in the law.’
Ministry of Justice, 30th October 2023
Source: www.gov.uk
Fixed costs rules not as simple as we wanted, Birss admits – Legal Futures
‘The deputy head of civil justice has issued a robust defence of the new regime of fixed recoverable costs (FRCs) for cases worth up to £100,000 – while acknowledging it is not as simple as he would like.’
Legal Futures, 30th October 2023
Source: www.legalfutures.co.uk
Details of the review into police use of force published – Home Office
‘The terms of a review looking at whether existing legislation on police use of force and driving provides sufficient protections for those in the line of duty, and maintains public confidence in policing, have been published today (24 October 2023). The review, which was requested by the Home Secretary and will be coordinated by the Home Office, is expected to provide findings to Suella Braverman by the end of the year.’
Home Office, 24th October 2023
Source: www.gov.uk
Robust new laws to fight corruption, money laundering and fraud – Home Office
‘The Economic Crime and Corporate Transparency Act received Royal Assent on Thursday 26 October.’
Home Office, 26th October 2023
Source: www.gov.uk
£2million home and large pensions sold to repay fraudsters’ court order – Crown Prosecution Service
‘Asset Recovery prosecution specialists have recovered a further £2.7million from two defendants following one of the largest multi-million-pound VAT fraud operations brought to justice by CPS and HMRC.’
Crown Prosecution Service, 26th October 2023
Source: www.cps.gov.uk
Kidnap gang jailed after subjecting men to savage torture – Crown Prosecution Service
‘Members of an armed gang which kidnapped and brutally tortured a man for 27 hours have been imprisoned for between 25 and six years.’
Crown Prosecution Service, 27th October 2023
Source: www.cps.gov.uk
Speech by Mr Justice Foxton: The Beatles and the Law – Courts and Tribunals Judiciary
‘A Talk to the Liverpool Business and Property Courts Forum, The Brett Lecture Theatre, Yoko Ono Lennon Centre, University of Liverpool.’
Courts and Tribunals Judiciary, 24th October 2023
Source: www.judiciary.uk
Victims will have say in jurisdiction of criminal cases involving armed forces – Law Society’s Gazette
‘For the first time, the views of alleged victims will be considered when deciding whether the civilian or military justice system should deal with criminal cases involving a member of the armed forces.’
Law Society's Gazette, 27th October 2023
Source: www.lawgazette.co.uk
Court of Appeal quashes murder conviction following ‘entirely avoidable’ procedural error – Law Society’s Gazette
‘A murder conviction has been quashed for the second time due to an ‘entirely avoidable’ procedural error which Court of Appeal judges determined made the conviction unsafe.’
Law Society's Gazette, 27th October 2023
Source: www.lawgazette.co.uk
Overseas students and workers targeted in illicit UK visa trade – The Guardian
‘UK visa appointments are being booked up by brokers and sold on for hundreds of pounds in an illicit trade targeting overseas workers and students.’
The Guardian, 29th October 2023
Source: www.theguardian.com
Child asylum seekers in UK forced to share hotel rooms with adults – The Guardian
‘Child asylum seekers are being forced to share hotel rooms with adults, as the Home Office’s new hotel “maximisation” programme begins doubling the capacity of refugee hotels by putting two strangers in roomsspaces that were previously single occupancy, a charity has warned.’
The Guardian, 30th October 2023
Source: www.theguardian.com
St Helens woman who faked cancer and claimed £22k jailed – BBC News
‘A woman who lied about having cancer to fraudulently claim more than £22,000 in benefits was a “fraudster” with a “dishonest vein that runs through your body”, a judge has said.’
BBC News, 28th October 2023
Source: www.bbc.co.uk
BAILII: Recent Decisions
Supreme Court
Revenue and Customs v Vermilion Holdings Ltd (Scotland) [2023] UKSC 37 (25 October 2023)
Court of Appeal (Civil Division)
Global 100 Ltd v Jimenez & Ors [2023] EWCA Civ 1243 (27 October 2023)
Dudley Metropolitan Council v Mailley [2023] EWCA Civ 1246 (27 October 2023)
easyGroup Ltd v Nuclei Ltd & Ors [2023] EWCA Civ 1247 (27 October 2023)
EY (Fact-Finding Hearing) [2023] EWCA Civ 1241 (27 October 2023)
H (Children: Placement Orders) [2023] EWCA Civ 1245 (25 October 2023
Court of Appeal (Criminal Division)
BNE, R. v [2023] EWCA Crim 1242 (27 October 2023)
Layden, R. v [2023] EWCA Crim 1207 (25 October 2023)
High Court (Administrative Court)
Fridman, R (On the Application Of) v HM Treasury [2023] EWHC 2657 (Admin) (26 October 2023)
Roy v General Medical Council [2023] EWHC 2659 (Admin) (25 October 2023)
High Court (Chancery Division)
Trafalgar Multi Asset Trading Company Ltd v Hadley & Ors [2023] EWHC 2670 (Ch) (26 October 2023)
Decisive Capital Management SA v Les Geonnais Ltd & Ors [2023] EWHC 2658 (Ch) (25 October 2023)
Lawrence & Anor v Cowell & Ors [2023] EWHC 2644 (Ch) (25 October 2023)
Crypto Open Patent Alliance v Wright (Re POC Amendment) [2023] EWHC 2642 (Ch) (24 October 2023)
High Court (Commercial Court)
Klaturov & Anor v Revetas Capital Advisors LLP & Anor [2023] EWHC 2671 (Comm) (27 October 2023)
Clifford Chance LLP v Societe Generale SA [2023] EWHC 2682 (Comm) (27 October 2023)
High Court (Family Division)
High Court (King’s Bench Division)
Chief Constable of Kent Police & Anor v Taylor [2023] EWHC 2687 (KB) (27 October 2023)
Karpichkov v National Crime Agency [2023] EWHC 2653 (KB) (27 October 2023)
Wambura & Ors v Barrick TZ Ltd & Anor [2023] EWHC 2582 (KB) (23 October 2023)
Karpasitis v Hertfordshire County Council [2023] EWHC 2614 (KB) (20 October 2023)
High Court (Patents Court)
Source: www.bailii.org
Recent Statutory Instruments – legislation.gov.uk
SI 2023/1140 – The Criminal Legal Aid (Remuneration) (Amendment) (No. 4) Regulations 2023
SI 2023/1139 – The Child Benefit and Tax Credits (Miscellaneous Amendments) Regulations 2023
SI 2023/1132 – The West Midlands Rail Freight Interchange (Amendment) Order 2023
SI 2023/1129 – The Nationality and Borders Act 2022 (Consequential Amendments) Regulations 2023
SI 2023/1127 – The Immigration (Removal Notices) Regulations 2023
SI 2023/1124 – The Courts (Prescribed Recordings) Order 2023
SI 2023/1121 – The Countryside and Rights of Way Act 2000 (Commencement No. 16) Order 2023
SI 2023/1118 – The European University Institute Regulations 2023
SI 2023/1114 – The National Security (Prohibited Places) (Civil Nuclear) Regulations 2023
SI 2023/1112 – The Private Crossings (Signs and Barriers) Regulations 2023
Source: www.legislation.gov.uk
Just under half of children returned to live with their families as result of entering Family Drug and Alcohol Court, annual report reveals – Local Government Lawyer
‘The President of the Family Division, Sir Andrew McFarlane, has published his second annual report on the Family Drug and Alcohol Courts (FDACs), of which he states he has “long been a supporter”.’
Local Government Lawyer, 26th October 2023
Source: www.localgovernmentlawyer.co.uk
