Research Briefing: A shift in approach? Assimilated law reform and the change of government – House of Commons Library

Posted November 18th, 2024 in brexit, EC law, news, repeals, statute law revision by tracey

‘The Labour government’s approach to reform of legacy EU laws is different from that of its Conservative predecessor. This briefing tracks changes in assimilated law in the first half of 2024 and looks at the future direction of reform following the General Election.’

Full Story

House of Commons Library, 15th November 2024

Source: commonslibrary.parliament.uk

BAILII: Recent Decisions

Posted November 18th, 2024 in law reports, news by tracey

Court of Appeal (Civil Division)

Refinitiv Ltd & Ors, R (On the Application Of) v Commissioners for His Majesty’s Revenue and Customs [2024] EWCA Civ 1412 (15 November 2024)

Manolete Partners PLC v White [2024] EWCA Civ 1418 (15 November 2024)

Moss v The Upper Tribunal [2024] EWCA Civ 1414 (15 November 2024)

Gadinala v Secretary of State for the Home Department [2024] EWCA Civ 1410 (15 November 2024)

Yeung v Jeckz Investment Ltd & Ors [2024] EWCA Civ 1413 (14 November 2024)

Extreme Networks Ltd v Extreme E Ltd [2024] EWCA Civ 1386 (14 November 2024)

Court of Appeal (Criminal Division)

Daniels v R. [2024] EWCA Crim 1395 (15 November 2024)

High Court (Chancery Division)

Bulgarian Development Bank EAD v ULAS Investments EAD [2024] EWHC 2916 (Ch) (15 November 2024)

Royle v Together Commercial Finance Ltd [2024] EWHC 2915 (Ch) (15 November 2024)

Gill v Gill & Ors (Re Micrologic Property Holdings Ltd – Insolvency Act 1986 – Companies Act 2006) [2024] EWHC 2876 (Ch) (15 November 2024)

Crew & Anor v Oakley & Ors [2024] EWHC 2847 (Ch) (15 November 2024)

Samherji HF v Fridriksson [2024] EWHC 2892 (Ch) (14 November 2024)

Chaptre Finance PLC, In the Matter Of [2024] EWHC 2908 (Ch) (14 November 2024)

London Capital & Finance Plc & Ors v Thomson & Ors [2024] EWHC 2894 (Ch) (14 November 2024)

Wigglesworth v Beetson [2024] EWHC 2886 (Ch) (14 November 2024)

High Court (Commercial Court)

Motorola Solutions, Inc & Anor v Hytera Communications Corporation Ltd & Ors (Rev1) [2024] EWHC 2891 (Comm) (14 November 2024)

MA Fastmove Ltd v Global Billpay Private Ltd & Ors [2024] EWHC 2922 (Comm) (14 November 2024)

NMC Health PLC v Ernst & Young LLP (Re Disclosure) [2024] EWHC 2905 (Comm) (11 November 2024)

High Court (Family Division)

Great Ormond Street Hospital for Children NHS Foundation Trust v Braqi & Anor [2024] EWHC 2910 (Fam) (15 November 2024)

E & F, Re (Stranding) [2024] EWHC 2901 (Fam) (12 November 2024)

High Court (Patents Court)

Sandoz AG & Ors v Biogen MA Inc [2024] EWHC 2911 (Pat) (15 November 2024)

High Court (King’s Bench Division)

IPE Marble Arch Ltd v Moran [2024] EWHC 2913 (KB) (15 November 2024)

Various Claimants v Mercedes-Benz Group AG & Ors (Re NOx Emissions Group Litigation) [2024] EWHC 2904 (KB) (14 November 2024)

High Court (Technology and Construction Court)

Peabody Trust v National House-Building Council [2024] EWHC 2925 (TCC) (15 November 2024)

A & V Building Solution Ltd v J & B Hopkins Ltd [2024] EWHC 2914 (TCC) (15 November 2024)

Source: www.bailii.org

Roof Gardens and Higher-Risk Buildings – A tale of one too many storeys. – Local Government Lawyer

Posted November 18th, 2024 in building law, fire, health & safety, landlord & tenant, news, repairs by tracey

‘David Owens and Helen Arthur explore a recent First Tier Tribunal decision regarding the meaning of “higher-risk building’ under the Building Safety Act 2022.’

Full Story

Local Government Lawyer, 14th November 2024

Source: www.localgovernmentlawyer.co.uk

Criminalising thought crime? – Local Government Lawyer

‘Kuljit Bhogal KC and Sarah Salmon explain why a defendant was recently convicted of breaching a PSPO near an abortion clinic.’

Full Story

Local Government Lawyer, 15th November 2024

Source: www.localgovernmentlawyer.co.uk

Lessons from Lieven J – Local Government Lawyer

‘Holly Hilbourne-Gollop looks at a High Court judge’s realistic approach to obtaining evidence from children.’

Full Story

Local Government Lawyer, 15th November 2024

Source: www.localgovernmentlawyer.co.uk

High Court upholds LeO’s decision to dismiss complaint – Legal Futures

Posted November 18th, 2024 in barristers, complaints, executors, families, news, ombudsmen by tracey

‘The Legal Ombudsman (LeO) was right to dismiss a complaint it thought better suited to be determined in court, a judge has ruled.’

Full Story

Legal Futures, 18th November 2024

Source: www.legalfutures.co.uk

Home Secretary to announce major policing reforms – Home Office

Posted November 18th, 2024 in criminal justice, government departments, news, police by tracey

‘A new Home Office unit to monitor performance of police forces will be announced by the Home Secretary this week.’

Full Story

Home Office, 17th November 2024

Source: www.gov.uk

Independent report supports call for immediate uplift in criminal legal aid fees – The Bar Council

Posted November 18th, 2024 in barristers, criminal justice, fees, legal aid, Ministry of Justice, news by tracey

‘The Bar Council is repeating calls on the Ministry of Justice for an immediate 15% uplift in criminal legal aid fees for barristers, following the publication of the first Criminal Legal Aid Advisory Board (CLAAB) report.’

Full Story

The Bar Council, 14th November 2024

Source: www.barcouncil.org.uk

In depth: Supreme Court’s Sky ruling sends ‘shockwaves’ through IP sector – Law Society’s Gazette

Posted November 18th, 2024 in appeals, intellectual property, media, news, Supreme Court, trade marks by tracey

‘Judgment in Sky trade mark saga clarifies both the law on bad faith registrations and the Supreme Court’s own remit. Brand owners must beware obtaining marks they have no intention of using.’

Full Story

Law Society's Gazette, 17th November 2024

Source: www.lawgazette.co.uk

The End of the Non-Dom Tax Status: Time Now to End Family Law Domicile Jurisdiction – Financial Remedies Journal

Posted November 18th, 2024 in domicile, families, jurisdiction, news, taxation by tracey

‘Domicile has been a fundamental basis of jurisdiction in English law including English family law. But it is intrinsically backward-looking, archaic in its concepts, thoroughly unknown or at best misunderstood by the population, differently defined abroad and at odds with many other countries including the EU. With the non-domicile tax status being abolished as announced in the budget in late October 2024, is it not time now to end domicile as a family law basis of jurisdiction? Nationality is a far more straightforward, certain and modern basis.’

Full Story

Financial Remedies Journal, 11th November 2024

Source: financialremediesjournal.com

What Financial Remedy Lawyers Need to Know About Emojis – Financial Remedies Journal

Posted November 18th, 2024 in families, family courts, interpretation, legal profession, news, telecommunications by tracey

‘Emojis play a significant part in digital communications, including casual messaging, social media posts, and increasingly, professional communications. When we are reviewing historical messages, understanding what the emojis were intended to mean could become an essential part of identifying what was discussed and/or agreed at that time.’

Full Story

Financial Remedies Journal, 15th November 2024

Source: financialremediesjournal.com

Swimming coaches win unfair dismissal tribunal – BBC News

Posted November 18th, 2024 in employment, employment tribunals, news, unfair dismissal by tracey

‘Two swimming coaches were unfairly dismissed and subjected to “unfounded” comments about safeguarding concerns, an employment tribunal has found.’

Full Story

BBC News, 18th November 2024

Source: www.bbc.co.uk

Girl and mum awarded £14k over education failures – BBC News

‘A council that did not provide a girl who has special educational needs with suitable schooling for two years will pay her and her mother £14,300 in compensation.’

Full Story

BBC News, 18th November 2024

Source: www.bbc.co.uk

UK court sides with Icelandic firm over artist’s spoof corruption apology – The Guardian

‘The property rights of Iceland’s largest fishing company prevail over the right to artistic expression of an artist who spoofed the firm’s website to draw attention to a high-profile corruption scandal, London’s high court has ruled.’

Full Story

The Guardian, 14th November 2024

Source: www.theguardian.com

Husband who stabbed wife as she soothed baby jailed – BBC News

Posted November 18th, 2024 in attempted murder, domestic violence, families, imprisonment, news, sentencing by tracey

‘A former councillor has been sentenced to 18 years in prison after stabbing his wife three times while she soothed their baby.’

Full Story

BBC News, 15th November 2024

Source: www.bbc.co.uk

Why didn’t police prosecute ‘brutal’ abuser linked to Church of England? – BBC News

‘John Smyth’s death in 2018 meant an “appalling abuser” associated with the Church of England escaped justice for crimes stretching back decades. Smyth used his role in a Christian charity to assault over 100 children and young men – and the Archbishop of Canterbury resigned after being criticised in a scathing report earlier this month. Now, an advocate for the victims of John Smyth tells the BBC the police were not “sufficiently curious” when told about him.’

Full Story

BBC News, 17th November 2024

Source: www.bbc.co.uk

Man detained under Mental Health Act after two fatal stabbings in Manchester – The Guardian

Posted November 18th, 2024 in detention, mental health, murder, news by tracey

‘A man in his 20s has been arrested on suspicion of a double murder after two men were fatally stabbed in Manchester. The 23-year-old suspect has been detained under the Mental Health Act after being assessed by medical professionals, Greater Manchester Police said on Sunday evening.’

Full Story

The Guardian, 17th November 2024

Source: www.theguardian.com

Security guard sues Science Museum for allegedly denying suitable chair – The Guardian

‘A cancer survivor with chronic health problems is suing one of the UK’s most prestigious museums for discrimination for allegedly denying her a suitable chair to sit on when she is at work.’

Full Story

The Guardian, 17th November 2024

Source: www.theguardian.com

Revealed: Record number of ex-offenders charged with serious new crimes while on probation – The Independent

‘The number of ex-offenders charged with committing serious crimes while on probation has surged by a third to hit a grim new record, the latest figures show.’

Full story

The Independent, 17th December 2024

Source: www.independent.co.uk