Month: April 2024

High Court allows parental order application despite existence of US adoption order – Local Government Lawyer

Posted April 3rd, 2024 in children, families, family courts, local government, news, parental rights, surrogacy by tracey

‘The President of the Family Division has determined the issue of whether or not the commissioning parents of a child born through a surrogacy arrangement in the USA, who had already adopted their child in that country, were nevertheless entitled to have a parental order granted in their favour in England and Wales.’

Full Story

Local Government Lawyer, 2nd April 2024

Source: www.localgovernmentlawyer.co.uk

Taxi driver who showed female passenger explicit link loses licensing appeal – Local Government Lawyer

Posted April 3rd, 2024 in appeals, disciplinary procedures, licensing, local government, news, pornography, professional conduct, taxis by tracey

‘A taxi driver who admitted showing a female passenger a weblink to an explicit website has lost an appeal to drive an East Cambridgeshire District Council licensed taxi or private hire vehicle.’

Full Story

Local Government Lawyer, 2nd April 2024

Source: www.localgovernmentlawyer.co.uk

Courts already using automated decision-making, Lord Justice Birss reveals – Law Society’s Gazette

Posted April 3rd, 2024 in artificial intelligence, civil justice, courts, judges, news by tracey

‘Algorithm-based digital decision making is already working behind the scenes in the justice system, the deputy head of civil justice has revealed. In an upbeat speech last month, Lord Justice Birss said that algorithm-based decision making – controversial because of the possibility of built-in bias – is already solving a problem at the online money claims service.’

Full Story

Law Society's Gazette, 3rd April 2024

Source: www.lawgazette.co.uk

Katie Price low calorie diet advert for Skinny Food banned – BBC News

Posted April 3rd, 2024 in advertising, complaints, food, health, news, ombudsmen by tracey

‘An advert posted by Katie Price on Instagram, which promoted a low calorie diet for The Skinny Food Co, has been banned by the advertising watchdog.’

Full Story

BBC News, 3rd April 2024

Source: www.bbc.co.uk

Interest rate rigging appeal must go to top court, say politicians – BBC News

Posted April 3rd, 2024 in appeals, banking, imprisonment, interest, news, rates, sentencing, Supreme Court by tracey

‘Two former bankers jailed for rigging interest rates must have their appeal heard by the Supreme Court, senior politicians have said.’

Full Story

BBC News, 3rd April 2024

Source: www.bbc.co.uk

Thousands trapped in flats with Grenfell-style cladding ‘scammed’ by insurers – The Independent

Posted April 3rd, 2024 in accidents, construction industry, fire, health & safety, housing, insurance, news, repairs by tracey

‘Thousands of residents trapped in homes with Grenfell-style cladding that they cannot sell are being “scammed” by insurers demanding unaffordable premiums despite being told the buildings are safe, The Independent can reveal. Nearly seven years after the tragedy, which took place in west London in June 2017, residents living in cladded homes are seeing their insurance costs surge by up to 1,000 per cent.’

Full Story

The Independent, 24th March 2024

Source: www.independent.co.uk

First person in England sentenced for keeping illegal XL Bully under new laws – The Independent

Posted April 3rd, 2024 in community service, costs, dogs, news, sentencing by tracey

‘A dog owner has become the first to be sentenced for illegally possessing an XL Bully dog in breach of new laws.’

Full Story

The Independent, 2nd April 2024

Source: www.independent.co.uk

British Museum investigated over Ethiopian artefacts hidden from view for 150 years – The Guardian

Posted April 3rd, 2024 in disclosure, freedom of information, news, ombudsmen by tracey

‘The information watchdog is investigating the British Museum over claims it has been overly secretive about some of the most sensitive items in its collection – a group of sacred Ethiopian altar tablets that have been hidden from view at the museum for more than 150 years.’

Full Story

The Guardian, 31st March 2024

Source: www.theguardian.com

Nationwide TV ads starring Dominic West banned as misleading – The Guardian

Posted April 3rd, 2024 in advertising, banking, building societies, complaints, news, ombudsmen by tracey

‘Adverts featuring the actor Dominic West as a sneering bank manager will be pulled from TV in their current form after the advertising watchdog ruled they were misleading because they wrongly suggest that the building society had not closed branches.’

Full Story

The Guardian, 3rd April 2024

Source: www.theguardian.com

AI Safety: UK and US sign landmark agreement – BBC News

Posted April 2nd, 2024 in agreements, artificial intelligence, international relations, news by tracey

‘The UK and US have signed a landmark deal to work together on testing advanced artificial intelligence (AI).’

Full Story

BBC News, 2nd April 2024

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted April 2nd, 2024 in legislation by tracey

SI 2024/439 – The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024

SI 2024/438 – The Employment Relations (Flexible Working) Act 2023 (Commencement) Regulations 2024

SI 2024/445 – The Economic Crime and Corporate Transparency Act 2023 (Financial Penalty) Regulations 2024

SI 2024/444 – The Reporting on Payment Practices and Performance (Amendment) Regulations 2024

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 2nd, 2024 in law reports by tracey

Court of Appeal (Civil Division)

One Savings Bank PLC v Waller-Edwards (Rev1) [2024] EWCA Civ 302 (28 March 2024)

Howe Properties (NE) Ltd v Accent Housing Ltd [2024] EWCA Civ 297 (27 March 2024)

Querino v Cambridge City Council (Rev1) [2024] EWCA Civ 314 (27 March 2024)

Donovan v Prescott Place Freeholder Ltd & Ors [2024] EWCA Civ 298 (27 March 2024)

Hayes & Anor v Rex [2024] EWCA Crim 304 (27 March 2024)

Court of Appeal (Criminal Division)

Ismael, R. v [2024] EWCA Crim 301 (27 March 2024)

Umut Alpergin & Anor v R [2024] EWCA Crim 313 (27 March 2024)

High Court (Administrative Court)

Parkin, R (On the Application Of) v His Majesty’s Assistant Coroner for Inner London (East) [2024] EWHC 744 (Admin) (28 March 2024)

Kofa, R (On the Application Of) v Oldham Metropolitan Bolton Council [2024] EWHC 685 (Admin) (27 March 2024)

Sherratt, R (on the application of) v Bolton Council [2024] EWHC 699 (Admin) (27 March 2024)

Yusuff & Ors v Governor of His Majesty’s Prison Belmarsh [2024] EWHC 692 (Admin) (27 March 2024)

Uddin, R (On the Application Of) v Secretary of State for Justice [2024] EWHC 696 (Admin) (27 March 2024)

Lomas v Republic of South Africa & Anor (No. 2) [2024] EWHC 731 (Admin) (27 March 2024)

Swiatek v Regional Court In Lodz, Poland [2024] EWHC 726 (Admin) (27 March 2024)

High Court (Chancery Division)

Kendall & Anor v Ball & Anor (Re Sherwood Oak Homes Ltd – Sherwood Oak Holdings Ltd – Insolvency Act 1986) [2024] EWHC 746 (Ch) (28 March 2024)

Cousins Material House Ltd v The Swatch Group AG & Ors [2024] EWHC 710 (Ch) (27 March 2024)

High Court (Commercial Court)

Zephyrus Capital Aviation Partners 1D Ltd & Ors v Fidelis Underwriting Ltd & Ors (Re Russian Aircraft Operator Policy Claims (Jurisdiction Applications)) [2024] EWHC 734 (Comm) (28 March 2024)

Civiello & Anor v Brodahl [2024] EWHC 707 (Comm) (27 March 2024)

The Czech Republic v Diag Human SE & Anor [2024] EWHC 708 (Comm) (27 March 2024)

ABFA Commodities Trading Ltd v Petraco Oil Company SA (Re Consequential Matters) [2024] EWHC 706 (Comm) (27 March 2024)

Delos Shipholding SA & Ors v Allianz Global Corporate and Specialty SE & Ors [2024] EWHC 719 (Comm) (25 March 2024)

High Court (Family Division)

H & Anor v S & Anor [2024] EWHC 730 (Fam) (27 March 2024)

High Court (Patents Court)

Bayer Intellectual Property GmbH & Ors v Aspire Pharma Ltd & Ors [2024] EWHC 711 (Pat) (27 March 2024)

Interdigital Technology Corporation & Ors v Lenovo Group Ltd & Ors [2024] EWHC 742 (Pat) (27 March 2024)

High Court (King’s Bench Division)

Lonsdale & Ors v Wedlake Bell LLP & Ors [2024] EWHC 712 (KB) (27 March 2024)

Thorp & Ors v Mehta [2024] EWHC 652 (KB) (26 March 2024)

High Court (Technology and Construction Court)

Vainker & Anor v Marbank Construction Ltd & Ors [2024] EWHC 667 (TCC) (25 March 2024)

Source: www.bailii.org

The Lowe down – Nearly Legal

Posted April 2nd, 2024 in deposits, housing, landlord & tenant, news, penalties by tracey

‘Lowe v Governors of Sutton’s Hospital In Charterhouse (2024) EWHC 646 (Ch). A High Court appeal of a first instance county court judgment by HHJ Luba KC, which we noted here. The claim was for deposit penalties for failure to provide the prescribed information in breach of s.213(6) Housing Act 2004. It was dismissed at first instance on the basis that the requirements had been met.’

Full Story

Nearly Legal, 1st April 2024

Source: nearlylegal.co.uk

Tribunal throws out solicitor’s claim based on sale of practice – Legal Futures

Posted April 2nd, 2024 in agreements, contracts, disciplinary procedures, employment tribunals, jurisdiction, law firms, news, solicitors by tracey

‘An employment tribunal has struck out a solicitor’s breach of contract claim based on a business agreement to transfer his practice to another firm, which was then to employ him.’

Full Story

Legal Futures, 2nd April 2024

Source: www.legalfutures.co.uk

BSB will not investigate barrister over misgendering trans lawyers – Legal Futures

Posted April 2nd, 2024 in barristers, freedom of expression, human rights, judges, news, transgender persons by tracey

‘The Bar Standards Board (BSB) has decided not to investigate a gender-critical barrister who was accused of being transphobic by misgendering two trans lawyers.’

Full Story

Legal Futures, 2nd April 2024

Source: www.legalfutures.co.uk

Stephen Bear ordered to pay £22,305 Confiscation Order – Crown Prosecution Service

Posted April 2nd, 2024 in compensation, confiscation, news, pornography, proceeds of crime, video recordings, voyeurism by tracey

‘Today at Chelmsford Crown Court, a Confiscation Order of £22,305 was given to Stephen Bear, to retrieve the ill-gotten gains he accumulated from publishing explicit content to a subscription site without the consent of those involved. The judge has ordered that the victim, Georgia Harrison, be compensated to the value of £5,000, which will be paid out of any monies paid towards the Confiscation Order.’

Full Story

Crown Prosecution Service, 28th March 2024

Source: www.cps.gov.uk

Keynote speech by Mrs Justice Cheema-Grubb at the South Eastern Circuit: Mental Health, Diversion and Crime Speeches – Courts and Tribunals Judiciary

Posted April 2nd, 2024 in criminal justice, judiciary, mental health, news, sentencing, speeches by tracey

‘Keynote speech by Mrs Justice Cheema-Grubb at the South Eastern Circuit: Mental Health, Diversion and Crime.’

Full speech

Full Story

Courts and Tribunals Judiciary, 21st March 2024

Source: www.judiciary.uk

Fixed costs JR dropped after government concessions – Law Society’s Gazette

Posted April 2nd, 2024 in costs, Ministry of Justice, news, personal injuries, solicitors by tracey

‘Personal injury lawyers have dropped legal action against the government after a series of concessions on when fixed recoverable costs (FRC) would apply.’

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Law Society's Gazette, 28th March 2024

Source: www.lawgazette.co.uk

Crackdown on ‘gagging orders’ to protect victims’ ability to access support – Ministry of Justice

Posted April 2nd, 2024 in employment, harassment, legal advice, Ministry of Justice, news, non-disclosure agreements, victims by tracey

‘Victims will no longer be prevented from accessing support or legal advice under plans to crack down on the misuse of non-disclosure agreements (NDAs).’

Full Story

Ministry of Justice, 28th March 2024

Source: www.gov.uk

Claimant lawyers ordered to pay half the costs of a fundamentally dishonest personal injury claim – Law Society’s Gazette

Posted April 2nd, 2024 in fraud, fundamental dishonesty, law firms, medical records, news, personal injuries, road traffic, wasted costs orders by tracey

‘A defendant firm has hailed a rare court decision where a claimant’s lawyers were ordered to pay towards the costs of a fundamentally dishonest claim.’

Full Story

Law Society's Gazette, 28th March 2024

Source: www.lawgazette.co.uk