Month: March 2024

Recent Statutory Instruments – legislation.gov.uk

Posted March 12th, 2024 in legislation by tracey

SI 2024/348 – The Research and Development (Chapter 2 Relief) Regulations 2024

SI 2024/346 – The Export Control (Amendment) Regulations 2024

SI 2024/341 – The Social Security and Universal Credit (Migration of Tax Credit Claimants and Miscellaneous Amendments) Regulations 2024

SI 2024/335 – The Authorised Surplus Payments Charge (Variation of Rate) Order 2024

SI 2024/328 – The Electronic Monitoring (Responsible Persons) (Amendment) Order 2024

SI 2024/327 – The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2024

SI 2024/321 – The Veterinary Surgeons and Veterinary Practitioners (Registration) (Amendment) Regulations Order of Council 2024

SI 2024/306 – The Social Security (Contributions) (Amendment No. 3) Regulations 2024

SI 2024/305 – The Income Tax (Pay As You Earn) (Amendment) Regulations 2024

SI 2024/344 – The Human Medicines (Amendments Relating to Coronavirus and Influenza) (England and Wales and Scotland) Regulations 2024

SI 2024/340 – The Electronic Monitoring (Responsible Persons) (Miscellaneous) Regulations 2024

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 12th, 2024 in law reports by tracey

Court of Appeal (Civil Division)

AXO, R (on the application of) v First-Tier Tribunal (Social Entitlement Chamber) [2024] EWCA Civ 226 (11 March 2024)

Court of Appeal (Criminal Division)

Caine, R. v [2024] EWCA Crim 225 (28 February 2024)

High Court (Administrative Court)

Akinsanya & Anor, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 469 (Admin) (11 March 2024)

High Court (Chancery Division)

Seneschall v Trisant Foods Ltd & Ors [2024] EWHC 456 (Ch) (11 March 2024)

Drelle v Servis-Terminal LLC [2024] EWHC 521 (Ch) (11 March 2024)

The Royal Borough of Kensington And Chelsea v Mellcraft Ltd [2024] EWHC 539 (Ch) (11 March 2024)

High Court (Commercial Court)

Klaturov & Anor v Revetas Capital Advisors LLP & Anor [2024] EWHC 495 (Comm) (11 March 2024)

Hoole v Meredith Charles Ltd & Ors [2024] EWHC 525 (Comm) (08 March 2024)

High Court (King’s Bench Division)

Schofield v Politicalite Ltd & Anor [2024] EWHC 543 (KB) (11 March 2024)

Source: www.bailii.org

Test of dishonesty in Ivey applies to deprivation decisions – EIN Blog

Posted March 12th, 2024 in citizenship, cross-examination, evidence, fraud, news by tracey

‘Ullah v Secretary of State for the Home Department [2024] EWCA Civ 201 (06 March 2024). In a case raising an elementary issue of procedural fairness, the Court of Appeal allowed the appeal of Mr Ullah—a Pakistani national—against the UT’s erroneous decision to dismiss his appeal reversing the FTT’s first instance decision to allow his appeal from the SSHD’s decision to make an order to deprive him of British citizenship.’

Full Story

EIN Blog, 12th March 2024

Source: www.ein.org.uk

Judge in Court of Protection declines request for judicial visit due to risk of “unconscious bias” – Local Government Lawyer

Posted March 12th, 2024 in autism, bias, Court of Protection, judiciary, news, practice directions by tracey

‘A judge sitting in the Court of Protection has declined to meet the applicant in advance of a capacity hearing, over concerns that a judicial visit “may influence decision making” and cause unfairness to the parties.’

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Local Government Lawyer, 12th March 2024

Source: www.localgovernmentlawyer.co.uk

Revised litigation funding agreements piling up at Court of Appeal – Legal Futures

Posted March 12th, 2024 in agreements, appeals, champerty, competition, news by tracey

‘The Competition Appeal Tribunal (CAT) has granted permission for another rewritten litigation funding agreement (LFA) to go before the Court of Appeal.’

Full Story

Legal Futures, 12th March 2024

Source: www.legalfutures.co.uk

Credit hire firm “voluntarily assumed” risk of claimants being dishonest – Legal Futures

Posted March 12th, 2024 in accidents, costs, insurance, news, personal injuries, road traffic by tracey

‘A High Court judge has refused to overturn a non-party costs order (NPCO) against a credit hire company, saying the firm “voluntarily assumed the risk” of the claimants turning out to be dishonest.’

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Legal Futures, 12th March 2024

Source: www.legalfutures.co.uk

SRA warns solicitors over ‘deepfake’ clients and vendor fraud – Legal Futures

Posted March 12th, 2024 in artificial intelligence, fraud, impersonation, money laundering, news, solicitors, Solicitors Regulation Authority, terrorism by tracey

‘The Solicitors Regulation Authority (SRA) has warned lawyers who rely on video calls to identify clients of the risks posed by “deepfake” technology.’

Full Story

Legal Futures, 12th March 2024

Source: www.legalfutures.co.uk

International agreement to fight fraud secured – Home Office

Posted March 12th, 2024 in crime prevention, enforcement, fraud, international relations, news by tracey

‘The Home Secretary has secured a new agreement with world leaders to tackle fraud.’

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Home Office, 11th March 2024

Source: www.gov.uk

SDT dismisses case against Dentons as SRA left with costs bill – Law Society’s Gazette

Posted March 12th, 2024 in costs, disciplinary procedures, law firms, money laundering, news, solicitors, Solicitors Regulation Authority by tracey

‘The solicitors’ regulator has suffered a major setback with its prosecution of the world’s biggest firm amounting effectively to nothing.’

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Law Society's Gazette, 11th March 2024

Source: www.lawgazette.co.uk

Detectorist hid rare coins bought on eBay in field – BBC News

Posted March 12th, 2024 in coinage, fraud, news, treasure by tracey

‘A metal detectorist who pretended he had found medieval silver Crusader coins in a field in Herefordshire has been cleared of fraud by false representation.’

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BBC News, 11th March 2024

Source: www.bbc.co.uk

Rape and sexual harassment reported by foreign care workers across UK – The Guardian

Posted March 12th, 2024 in care workers, harassment, news, rape, sexual offences, visas by tracey

‘Multiple cases of abuse and exploitation have been documented, but many staff feel “powerless to complain” for fear of losing the right to work in the country.’

Full Story

The Guardian, 12th March 2024

Source: www.theguardian.com

Mayor-PCC merger legal bid: How did we get here? – BBC News

Posted March 12th, 2024 in crime, judicial review, local government, mergers, ministers' powers and duties, news, police by tracey

‘An application for a legal review into a plan to merge the roles of West Midlands mayor and police and crime commissioner (PCC) is due to be heard in court.’

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BBC News, 12th March 2024

Source: www.bbc.co.uk

Prisoners could be released up to two months early to ease overcrowding – BBC News

Posted March 12th, 2024 in early release, news, prisons, statistics by tracey

‘Some prisoners could be released up to two months early to relieve overcrowding in jails in England and Wales, the justice secretary has said.’

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BBC News, 12th March 2024

Source: www.bbc.co.uk

TA v the Public Guardian and Duties of a Certificate Provider – Parklane Plowden Chambers

Posted March 11th, 2024 in appeals, chambers articles, Court of Protection, news, powers of attorney by sally

‘The case involved an appeal to Mrs Justice Lieven by P’s potential attorney (“the Appellant”) from a decision of HHJ McCabe sitting in the Court of Protection. The Judgement is short, and therefore probably worth reading, particularly if you want to be refreshed of all the relevant statutory provisions which I have not set out in this note.’

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Parklane Plowden Chambers, 6th February 2024

Source: www.parklaneplowden.co.uk

Leasehold Upper Tribunal roundup By Giles Peaker – Nearly Legal

Posted March 11th, 2024 in consultations, housing, landlord & tenant, leases, news, repairs, service charges by tracey

‘Some quick notes on various recent (ish) Upper Tribunal decisions.’

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Nearly Legal, 10th March 2024

Source: nearlylegal.co.uk

New legislation simplifies UK Construction Industry Scheme scope – OUT-LAW.com

Posted March 11th, 2024 in building law, construction industry, landlord & tenant, news, taxation by tracey

‘New rules outlined today are designed to simplify a UK tax regime that applies when tenants carry out certain construction works and where payment is made by landlords.’

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OUT-LAW.com, 8th March 2024

Source: www.pinsentmasons.com

Lies, damned lies and fakery – UK Human Rights Blog

Posted March 11th, 2024 in arbitration, banking, foreign jurisdictions, fraud, human rights, judgments, news by tracey

‘Contax Partners inc BVI v Kuwait Finance House and others [2024] EWHC 436 (Comm). Legal news abounds these days with stories of fabricated decisions and authorities generated by ChatGPT and similar AI mechanisms. But there’s nothing like a bit of old-fashioned human plagiarism to tickle the palates, and the full force of a judge’s fury was unleashed on such an attempt recently in the High Court.’

Full Story

UK Human Rights Blog, 9th March 2024

Source: ukhumanrightsblog.com

Spotlight on Construction Law – Local Government Lawyer

Posted March 11th, 2024 in building law, construction industry, local government, news by tracey

‘It has been a busy year in the construction industry, write David Owens, Rachel Murray-Smith and Helen Arthur, with some standout legislative changes, including in relation to the Building Safety Act 2022, and the Government issuing a significant paper in respect of behaviours relating to PFI contracts.’

Full Story

Local Government Lawyer, 8th March 2024

Source: www.localgovernmentlawyer.co.uk

Making out of borough offers – Local Government Lawyer

Posted March 11th, 2024 in housing, local government, news by tracey

‘Jeremy Ogilvie-Harris and Hannah Taylor look at how conscientious and lawful out of borough offers of accommodation under Part 7 of the Housing Act 1996 can be made.’

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Local Government Lawyer, 8th March 2024

Source: www.localgovernmentlawyer.co.uk

Implementation – deviation from plans – Local Government Lawyer

Posted March 11th, 2024 in appeals, change of use, housing, judicial review, local government, news, planning by tracey

‘Roderick Morton analyses a recent case which examined, amongst other things, whether a permission can be considered implemented if there is deviation from the approved plans.’

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Local Government Lawyer, 8th March 2024

Source: www.localgovernmentlawyer.co.uk