Accommodating asylum seekers: some recent planning law cases – Local Government Lawyer

Posted January 23rd, 2024 in asylum, housing, local government, news, planning by tracey

‘The scale of the current crisis as to where and how to provide accommodation for asylum seekers can be viewed through a succession of High Court planning law cases over the last year or so. Simon Ricketts gathers the cases in one place.’

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Local Government Lawyer, 19th January 2024

Source: www.localgovernmentlawyer.co.uk

Deferring point of call will damage diversity and inns, says top KC – Legal Futures

Posted January 23rd, 2024 in barristers, diversity, inns of court, news, pupillage by tracey

‘Delaying the point at which barristers are called to the Bar until after obtaining pupillage risks reducing the diversity and strength of the profession, a former Bar Council chair has argued.’

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Legal Futures, 23rd January 2024

Source: www.legalfutures.co.uk

Court of Appeal to rule on first post-PACCAR funding agreement – Legal Futures

‘The Court of Appeal is set to rule on whether a litigation funding agreement (LFA) that was amended to take account of the Supreme Court ruling in PACCAR is valid.’

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Legal Futures, 23rd January 2024

Source: www.legalfutures.co.uk

Clampdown on child abuse as a gap in the law closed – Ministry of Justice

Posted January 23rd, 2024 in amendments, bills, child abuse, news, prosecutions, sexual offences by tracey

‘Children will be better protected from sexual abuse following change to the law making it easier to prosecute criminals who have had sex in front of children for gratification.’

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Ministry of Justice, 18th January 2024

Source: www.gov.uk

Patent ‘secret commissions’ group claim set for trial – Law Society’s Gazette

Posted January 23rd, 2024 in class actions, intellectual property, law firms, news, patents by tracey

‘Allegations that intellectual property law firms earn millions of pounds a year in commissions secretly paid by patent renewal businesses are to be tested in a group claim following a Court of Appeal decision.’

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Law Society's Gazette, 22nd January 2024

Source: www.lawgazette.co.uk

Wasted costs against representative acting according to client’s instructions refused – Law Society’s Gazette

‘An employment judge has refused an application for wasted costs against a lay representative after finding he only “did his client’s bidding.”’

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Law Society's Gazette, 22nd January 2024

Source: www.lawgazette.co.uk

More than 1,000 child refugees at risk after being classified as adults – report – The Guardian

Posted January 23rd, 2024 in children, detention, news, refugees, reports by tracey

‘Hundreds of child refugees have encountered abuse and exploitation and some have been placed in adult jails, after their ages were wrongly assessed by the Home Office, according to a new report.’

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The Guardian, 22nd January 2024

Source: www.theguardian.com

Man jailed after ‘high risk’ Salisbury police chase – BBC News

Posted January 23rd, 2024 in dangerous driving, guilty pleas, news, sentencing by tracey

‘A driver who led police on a “high risk” chase, running red lights and taking a roundabout the wrong way, has been jailed.’

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BBC News, 23rd January 2024

Source: www.bbc.co.uk

Christopher Kapessa: Boy died after dangerous prank at river, inquest rules – BBC News

Posted January 23rd, 2024 in bereavement, complaints, inquests, news, police, racism by tracey

‘A 13-year-old boy died after being deliberately pushed into a river in a “dangerous prank”, a coroner has ruled.’

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BBC News, 22nd January 2024

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 22nd, 2024 in legislation by tracey

SI 2024/52 – The Sovereign Grant Act 2011 (Change of Percentage) Order 2024

SI 2024/41 – The Higher-Risk Buildings (Keeping and Provision of Information etc.) (England) Regulations 2024

SI 2024/40 – The Building Safety Act 2022 (Commencement No. 6) Regulations 2024

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 22nd, 2024 in law reports by tracey

Court of Appeal (Civil Division) Decisions

Commissioners for His Majesty’s Revenue and Customs v Arrbab [2024] EWCA Civ 16 (19 January 2024)

Secretary of State for the Home Department v AA (Poland) [2024] EWCA Civ 18 (19 January 2024)

Commission Recovery Ltd v Marks & Clerk LLP & Anor [2024] EWCA Civ 9 (18 January 2024)

Kenig v Thomson Snell & Passmore LLP [2024] EWCA Civ 15 (18 January 2024)

Mackenzie v Cheung & Anor [2024] EWCA Civ 13 (17 January 2024)

Substation Action Save East Suffolk Ltd, R (On the Application Of) v Secretary of State for Energy Security and Net Zero & Ors [2024] EWCA Civ 12 (17 January 2024)

High Court (Administrative Court)

LJ Fairburn & Son Ltd & Ors, R (On the Application Of) v Secretary of State for Environment Food and Rural Affairs [2024] EWHC 65 (Admin) (19 January 2024)

Supporting Care Ltd, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 68 (Admin) (19 January 2024)

Dragoi, R (On the Application Of) v Secretary of State for Justice [2024] EWHC 60 (Admin) (18 January 2024)

Castellucci, R (On the Application Of) v Gender Recognition Panel [2024] EWHC 54 (Admin) (17 January 2024)

High Court (Chancery Division)

Clarke & Anor v Lakha & Ors (Re Bramber Road Management Ltd and Companies Act 2006) [2024] EWHC 51 (Ch) (18 January 2024)

Akbar v Ghaffar & Anor [2024] EWHC 50 (Ch) (17 January 2024)

Nilsson & Anor v Iqbal & Anor [2024] EWHC 49 (Ch) (17 January 2024)

High Court (Commercial Court)

Border Timbers Ltd & Anor v Republic of Zimbabwe [2024] EWHC 58 (Comm) (19 January 2024)

High Court (Family Division)

T, Re (A Child)(S9(6) Children Act 1989 Orders: Exceptional Circumstances: Parental Alienation) [2024] EWHC 59 (Fam) (17 January 2024)

NR, Re (A Child: Withholding CPR) [2024] EWHC 61 (Fam) (17 January 2024)

XZR, Re (Abduction: Hague Convention (Lithuania)) [2024] EWHC 64 (Fam) (17 January 2024)

B v N (No. 2) (Art 7 and Transfer of Jurisdiction) [2024] EWHC 17 (Fam) (16 January 2024)

High Court (King’s Bench Division)

Hart v Secretary of State for Education & Anor [2024] EWHC 44 (KB) (19 January 2024)

Clark & Ors v Adams & Anor [2024] EWHC 62 (KB) (19 January 2024)

Mir v Hussain & Ors [2024] EWHC 56 (KB) (17 January 2024)

Source: www.bailii.org

The HMO that wasn’t – Rent Repayment Order appeal – Nearly Legal

Posted January 22nd, 2024 in appeals, houses in multiple occupation, housing, landlord & tenant, news, rent by tracey

‘Barker v Shokar (HOUSING – RENT REPAYMENT ORDER – criteria for identifying a ‘self-contained flat’ – whether building was a house in multiple occupation – adequacy of reasons) (2024) UKUT 17 (LC). This was a landlord’s appeal of a rent repayment order made by the FTT in the sum of £3750. The appeal was on the grounds that the property did not require a licence, and that the FTT did not give sufficient reasons for its calculation of the number of occupants occupying the building as their only or main residence.’

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Nearly Legal, 21st January 2024

Source: nearlylegal.co.uk

Ruling confirms conditions for planning permission severability – OUT-LAW.com

Posted January 22nd, 2024 in local government, news, planning by tracey

‘A new ruling has confirmed that developers have limited scope to obtain retrospective changes to planning permission they have been granted to specify explicitly that the permission is “severable”, according to a planning law expert.’

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OUT-LAW.com, 18th January 2024

Source: www.pinsentmasons.com

UK government AI report confirms decision on protection of copyright works – OUT-LAW.com

‘The UK government’s response to the House of Lords Culture, Media and Sport Committee’s report on AI and the creative industries confirms its position on striking a balance between encouraging AI innovation and protecting copyright works, an expert has said.’

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OUT-LAW.com, 19th January 2024

Source: www.pinsentmasons.com

Robert Craig: The constitutional implications of legislating to exonerate the Post Office sub-postmasters – UK Constitutional Law Association

‘Some commentators have claimed that the decision to expedite the process of formally exonerating the sub-postmasters potentially runs afoul of certain core constitutional principles, in particular the separation of powers. It has also been claimed that the “crown does not have a prerogative of justice but only a prerogative of mercy”. This blog considers and challenges those claims.’

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UK Constitutional Law Association, 16th January 2024

Source: ukconstitutionallaw.org

Long-term sustainability of civil legal aid in doubt, MoJ research finds – Legal Futures

Posted January 22nd, 2024 in civil justice, legal aid, legal profession, Ministry of Justice, news, statistics by tracey

‘There is “notable cause for concern” over the long-term sustainability of the civil legal aid sector, research commissioned by the Ministry of Justice has concluded.’

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Legal Futures, 22nd January 2024

Source: www.legalfutures.co.uk

HMRC has not charged a single company over tax evasion under landmark legislation – The Guardian

Posted January 22nd, 2024 in corporation tax, enforcement, HM Revenue & Customs, news, tax evasion, taxation by tracey

‘HMRC has not charged a single company under landmark legislation passed six years ago to crack down on corporate tax evasion.’

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The Guardian, 20th January 2024

Source: www.theguardian.com

Pair killed man then went shopping with his money – BBC News

Posted January 22nd, 2024 in fraud, imprisonment, murder, news, sentencing by tracey

‘A man and woman from Bradford have been jailed for life for murdering a vulnerable grandfather in his own home.’

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BBC News, 22nd January 2024

Source: www.bbc.co.uk

BBC review: Ofcom to gain more powers over BBC News website – BBC News

Posted January 22nd, 2024 in BBC, enforcement, government departments, internet, news, ombudsmen by tracey

‘Ofcom is to gain more powers over BBC online services, including the BBC News website, as part of a series of changes unveiled by the government.’

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BBC News, 22nd January 2024

Source: www.bbc.co.uk

Online sex blackmailer who forced victim to abuse a seven-year-old jailed for 24 years – The Independent

‘An online sex blackmailer who subjected dozens of victims to “mental torture” – forcing them to film degrading sexual acts including the abuse of a seven-year-old girl – has been jailed for 24 years.’

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The Independent, 20th January 2024

Source: www.independent.co.uk