What is the ECHR and how does it relate to the Rwanda migrants policy? – The Independent

‘In a bid to appease the Tory right, Conservative leaders have for years flirted with taking the nuclear option of leaving the European Convention on Human Rights.’

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The Independent, 15th November 2023

Source: www.independent.co.uk

Lessons for Employers in handling Gender-transition at work – AB v Royal Borough of Kingston Upon Thames – Old Square Chambers

‘The London South Employment Tribunal (EJ McLaren and lay members) has handed down judgment and written reasons in AB v Royal Borough of Kingston Upon Thames.’

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Old Square Chambers, 19th October 2023

Source: oldsquare.co.uk

A Change of Climate for Trustee Investment Duties? – Pensions Barrister

Posted November 16th, 2023 in chambers articles, climate change, environmental protection, news, pensions by sally

‘Following the recent fine ordered by tPR in respect of ExxonMobil Pension Plan for breach of the OPS (Climate Change Governance and Reporting) Regs 2021, James McCreath of Wilberforce Chambers considers how the increasing pressure on schemes to advance environmental causes hangs together with trustees’ investments duties.’

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Pensions Barrister, 16th November 2023

Source: www.pensionsbarrister.com

Asylum backlog of older cases down by nearly half since July – The Independent

Posted November 16th, 2023 in asylum, delay, government departments, immigration, news, statistics by sally

‘The backlog of older cases in the UK asylum system fell by nearly half between July and October, new figures show.’

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The Independent, 15th November 2023

Source: www.independent.co.uk

Council granted leave to make application for change in forename of child, subject to outcome of care order application – Local Government Lawyer

Posted November 16th, 2023 in care orders, children, families, local government, names, news by sally

‘The High Court has granted leave to a local authority to make an application to change an eight-month old’s registered forename.’

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Local Government Lawyer, 16th November 2023

Source: www.localgovernmentlawyer.co.uk

Good practices in probate litigation – Bowser v Smith [2023] EWCA Civ 923 – New Square Chambers

Posted November 16th, 2023 in appeals, chambers articles, news, probate by sally

‘In this article, JJ Liew examines the case of Bowser v Smith, with a focus on the Court of Appeal’s discussion of the conduct expected of the parties in the handling of contentious probate litigation.’

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New Square Chambers, 3rd October 2023

Source: www.newsquarechambers.co.uk

The Crown and the constitution – House of Commons Library

Posted November 16th, 2023 in constitutional law, news, parliament, royal family by sally

‘A briefing paper on the constitutional aspects of the Crown.’

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House of Commons Library, 13th November 2023

Source: commonslibrary.parliament.uk

Olivia’s killer plans conviction appeal after losing minimum term challenge – The Independent

Posted November 16th, 2023 in appeals, children, imprisonment, murder, news, sentencing by sally

‘Thomas Cashman failed in a bid to challenge his 42-year sentence for the murder of Olivia Pratt-Korbel at the Court of Appeal on Wednesday.’

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The Independent, 15th November 2023

Source: www.independent.co.uk

How the UK government’s Rwanda asylum plan came unstuck – The Guardian

‘The supreme court has ruled that the government’s plan to deport asylum seekers to Rwanda is unlawful. Peter Walker explains what happens next.’

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The Guardian, 16th November 2023

Source: www.theguardian.com

The HCPC’s New Standards – Mountford Chambers

Posted November 16th, 2023 in chambers articles, codes of practice, health, news, ombudsmen by sally

‘Anthony James looks at the Health and Care Professions Council’s new standards of proficiency for each of the 15 professions it regulates, which came into force on 1 September 2023.’

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Mountford Chambers, 3rd October 2023

Source: www.mountfordchambers.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 15th, 2023 in legislation by tracey

SI 2023/1202 – The Customs (Aerodromes and Miscellaneous Amendments) Regulations 2023

SI 2023/1201 – The Value Added Tax (Refunds to “Do-It-Yourself” Builders) (Amendment of Method and Time for Making Claims) Regulations 2023

Source: www.legislation.gov.uk

BAILII: recent Decisions

Posted November 15th, 2023 in law reports by tracey

Supreme Court

Canada Square Operations Ltd v Potter [2023] UKSC 41 (15 November 2023)

AAA (Syria) & Ors, R (on the application of) v Secretary of State for the Home Department [2023] UKSC 42 (15 November 2023)

Court of Appeal (Civil Division)

Zedra Fiduciary Services (UK) Ltd v HM Attorney General [2023] EWCA Civ 1332 (15 November 2023)

FSV Freeholders Ltd v SGL 1 Ltd [2023] EWCA Civ 1318 (14 November 2023)

CDE v Surrey and Sussex Healthcare NHS Trust [2023] EWCA Civ 1330 (14 November 2023)

Court of Appeal (Criminal Division)

Schultz, R. v [2023] EWCA Crim 1335 (15 November 2023)

Royle & Ors v R. [2023] EWCA Crim 1311 (13 November 2023)

High Court (Administrative Court)

District Court In Krakow, Poland v Pultorak [2023] EWHC 2777 (Admin) (15 November 2023)

Nassani & Ors, R (On the Application Of) v Secretary of State for Foreign, Commonwealth And Development Affairs [2023] EWHC 2853 (Admin) (15 November 2023)

Kirklees Council v Secretary of State for Transport (Re Costs) [2023] EWHC 2825 (Admin) (15 November 2023)

Bramley Solar Farm Residents Group v Secretary of State for Levelling Up, Housing And Communities & Ors [2023] EWHC 2842 (Admin) (15 November 2023)

Klos v Regional Court In Warsaw (Poland) [2023] EWHC 2859 (Admin) (14 November 2023)

Vascenkovs v Prosecutor General’s Office, Republic of Latvia [2023] EWHC 2830 (Admin) (14 November 2023)

Chrobot v Polish Judicial Authority [2023] EWHC 2857 (Admin) (14 November 2023)

Drahonsky v District Court of Usti Nad Laden (Czech Republic) [2023] EWHC 2858 (Admin) (14 November 2023)

High Court (Chancery Division)

Wright & Ors v Chappell & Ors [2023] EWHC 2873 (Ch) (15 November 2023)

Isbilen v Turk & Ors [2023] EWHC 2865 (Ch) (14 November 2023)

High Court (Commercial Court)

Litasco SA v Der Mond Oil and Gas Africa SA & Anor [2023] EWHC 2866 (Comm) (15 November 2023)

Normann & Anor v XiO (UK) LLP & Ors [2023] EWHC 2862 (Comm) (15 November 2023)

Bailey Ahmad Holdings Ltd v Bells Holdings Ltd [2023] EWHC 2829 (Comm) (13 November 2023)

High Court (Family Division)

King v Stephen King [2023] EWHC 2822 (Fam) (15 November 2023)

High Court (King’s Bench Division)

Abbott & Ors v Ministry of Defence [2023] EWHC 2839 (KB) (15 November 2023)

Dee v Welsh Ambulance Services NHS Trust & Ors [2023] EWHC 2765 (KB) (14 November 2023)

High Court (Technology and Construction Court)

Irwell Riverside Developments Ltd v Arcadis Consulting (UK) Ltd [2023] EWHC 2864 (TCC) (15 November 2023)

Source: www.bailii.org

The UK Human Rights Act – OUT-LAW.com

Posted November 15th, 2023 in human rights, news by sally

‘The Human Rights Act 1998 incorporates rights contained in the European Convention on Human Rights (ECHR) into UK national law. This means that they can be used to challenge the actions and decisions of governments and public bodies in the UK courts.’

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OUT-LAW.com, 14th November 2023

Source: www.pinsentmasons.com

Failure to Prevent Fraud – Being a Friend of Business – Guildhall Chambers

Posted November 15th, 2023 in chambers articles, company law, fraud, money laundering, news, Russia, Ukraine by sally

‘The Economic Crime and Corporate Transparency Bill received Royal Assent on 26 October 2023. An initial Economic Crime (Transparency and Enforcement) Act 2022 was passed at speed in the wake of the invasion of Ukraine to deter Russian oligarchs from laundering money in the London property market. This 2023 Act follows on as part of a welcome Parliamentary focus on how economic crime can impact the international reputation and stability of the UK as well as its cost to the Exchequer.’

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Guildhall Chambers, 31st October 2023

Source: www.guildhallchambers.co.uk

Church of England takes next step towards redress for abuse victims – The Independent

‘The Church of England has taken its next step towards putting in place a “robust” scheme to deliver apologies and compensation to abuse victims.’

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The Independent, 15th November 2023

Source: www.independent.co.uk

Government plan to use biomass in breach of Climate Change Act, charity argues – Local Government Lawyer

‘A charity is threatening the Government with a judicial review over its biomass strategy, arguing that the plan, which is part of the effort to cut greenhouse gas emissions, is in breach of the Climate Change Act 2008.’

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Local Government Lawyer, 15th November 2023

Source: www.localgovernmentlawyer.co.uk

Diag Human v Volterra Fietta – Hailsham Chambers

Posted November 15th, 2023 in appeals, arbitration, chambers articles, fees, news by sally

‘The Court of Appeal dismisses the solicitors’ appeal in Diag Human v Volterra Fietta. In this note, Jamie Carpenter KC, Counsel for the successful Respondents, analyses the decision and its implications for litigation funding agreements in light of PACCAR.’

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Hailsham Chambers, 4th October 2023

Source: www.hailshamchambers.com

George Peretz KC: Clause 19 of the Digital Markets, Competition and Consumers Bill: Power without accountability – UK Constitutional Law Association

Posted November 15th, 2023 in bills, competition, constitutional law, internet, news, ombudsmen by sally

‘Clause 19 of the Digital Markets, Competition and Consumers Bill (“the DMCC Bill”) gives the Competition and Markets Authority (“CMA”) wide powers to impose conduct requirements on undertakings that the CMA has designated as having strategic market status (“SMS”) in respect of a digital activity (essentially, “big tech”). The condition for the exercise of the power is that the CMA considers it “appropriate” to do so having regard to broadly drawn statutory objectives – the “fair dealing” objective, the “open choices” objective (essentially, enabling consumers to choose freely and easily between providers) and the “trust and transparency” objective (essentially, having the information to make properly informed decisions). The types of conduct requirement that may be imposed are set out in clause 20: essentially, there is no statutory limit to the types of requirement that may be imposed save that (whatever they are) they must be for the purpose of securing various objectives or of preventing various widely defined types of conduct (for example “using data unfairly”). Breach of a conduct requirement may result, if the CMA so decides, in an enforcement order that requires action to remedy the breach or payment of damages.’

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UK Constitutional Law Assoication, 15th November 2023

Source: ukconstitutionallaw.org

Back to the drawing board for patient autonomy? Informed consent following McCulloch – Guildhall Chambers

Posted November 15th, 2023 in appeals, chambers articles, consent, doctors, negligence, news by sally

‘In the most significant decision on informed consent since Montgomery, the Supreme Court have held that the question of what “reasonable alternative treatments” a doctor has a duty to inform their patient about is governed by the “professional practice test” (as in Bolam). As to the disclosure of “material risks” inherent in treatment, the test in Montgomery endures.’

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Guildhall Chambers, 24th October 2023

Source: www.guildhallchambers.co.uk

Government blames data error for figures showing suspects trapped five years in prison without trial – The Independent

Posted November 15th, 2023 in imprisonment, Ministry of Justice, news, remand, statistics by sally

‘The Ministry of Justice has blamed a data error after it published figures showing that 150 suspects had been trapped in jail for more than five years while awaiting trial.’

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The Independent, 14th November 2023

Source: www.independent.co.uk