Remediation orders under s.123 of the BSA 2022: what might fetter an unfettered discretion? – Falcon Chambers

‘The First-tier Tribunal has now twice rejected an argument that the power of the Tribunal to make a remediation order under s.123 must be exercised where the threshold criteria are met.’

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Falcon Chambers, 10th July 2024

Source: www.falcon-chambers.com

Irregular, not illegal: what the UK government’s language reveals about its new approach to immigration – EIN Blog

Posted July 31st, 2024 in asylum, deportation, government departments, immigration, news, Rwanda by sally

‘One of Keir Starmer’s first acts as prime minister was to kill off the previous government’s flagship asylum policy. The Rwanda plan was doomed from the start, dogged by legal and political difficulties and culminating in a £320 million bill to the taxpayer with no planes actually taking off.’

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EIN Blog, 30th July 2024

Source: www.ein.org.uk

Review body warns on quality of judges as it calls for 6% pay rise – Legal Futures

Posted July 31st, 2024 in judges, judicial appointments commission, judiciary, news, remuneration by sally

‘The Senior Salaries Review Body (SSRB) has expressed its “unease” at a “long-term decline” in quality ratings for new district and circuit judges as it recommended a 6% pay rise across the bench.’

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Legal Futures, 31st July 2024

Source: www.legalfutures.co.uk

An update on handling applicable law issues in cross-jurisdictional cases: The cases of Yordanov v. Vasilev & Ors [2024] and Nicholls v. Mapfre [2024] – Farrar’s Building

‘This article provides a short synopsis of two key 2024 decisions, Yordanov [2024] and Mapfre [2024], which raised issues surrounding the applicable law to substantive issues, interest, and subrogated claims.’

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Farrar's Building, 17th July 2024

Source: www.farrarsbuilding.co.uk

Husband who put body in suitcase sentenced to life – BBC News

Posted July 31st, 2024 in domestic violence, imprisonment, married persons, murder, news, sentencing by sally

‘An “evil man” who strangled his wife for having an online affair and dumped her body in a river has been sentenced to life in prison.’

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BBC News, 30th July 2024

Source: www.bbc.co.uk

Alcatel Lucent SAS and ors v Amazon Digital UK Ltd and ors – Blackstone Chambers

Posted July 31st, 2024 in chambers articles, injunctions, jurisdiction, licensing, news by sally

‘The High Court has issued a judgment upholding the English courts’ jurisdiction and ordering an expedited RAND trial in a significant dispute between Nokia and Amazon.’

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Blackstone Chambers, 26th July 2024

Source: www.blackstonechambers.com

Anjem Choudary gets life sentence for directing terrorist organisation – The Guardian

Posted July 31st, 2024 in imprisonment, Islam, news, proscribed organisations, sentencing, terrorism by sally

‘A judge has jailed the Islamist preacher Anjem Choudary for life with a minimum term of 28 years for running a banned terrorist organisation, telling him: “I cannot foresee a time when you will cease to be dangerous.”’

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The Guardian, 30th July 2024

Source: www.theguardian.com

ICO reprimands elections watchdog after cyber attack compromised servers – Local Government Lawyer

‘The Information Commissioner’s Office (ICO) has issued a reprimand to the Electoral Commission after hackers gained access to servers that contained the personal information of approximately 40 million people.’

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Local Government Lawyer, 30th July 2024

Source: www.localgovernmentlawyer.co.uk

Disbanding a parish – and a question of jurisdiction: All Saints Spring Park PCC – Law & Religion UK

Posted July 31st, 2024 in appeals, Christianity, Church of England, human rights, news, Privy Council by sally

‘All Saints Spring Park Parochial Church Council v Church Commissioners [2024] UKPC 23 was an appeal by the PCC and the incumbent of All Saints Spring Park under the Mission and Pastoral Measure 2011 to the Judicial Committee of the Privy Council against a scheme made by the Church Commissioners under the Measure. An episcopal visitation in 2016 had concluded that the parish was not financially viable [5], and the Commissioners made a scheme under the Measure to dissolve the parish and divide its area between the neighbouring parishes of St John Shirley and St George Shirley. The incumbent, Revd Yvonne Clarke – who was the first black woman to be ordained deacon in the Church of England and one of the first women to be ordained priest [3] – and the Parochial Church Council had made written representations on the proposal, but the Bishop of Southwark duly approved the scheme in June 2020.’

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Law & Religion UK, 31st July 2024

Source: lawandreligionuk.com

Wiltshire serial fraudster and shoplifter who made more than £500k jailed – The Guardian

‘A woman who made more than half a million pounds by travelling throughout England and Wales shoplifting and then claiming refunds on the stolen goods has been jailed for 10 years.’

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The Guardian, 30th July 2024

Source: www.theguardian.com

How 1960s tragedies triggered a life-saving law – BBC News

Posted July 31st, 2024 in accidents, bereavement, employment, fire, health & safety, legal history, news by sally

‘Since the 1800s, laws had been passed to try to keep people safe at work.’

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BBC News, 31st July 2024

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted July 30th, 2024 in law reports by michael

Court of Appeal (Civil Division)

Ortiz-Patino v MGI Golf & Leisure Opportunities Fund Ltd [2024] EWCA Civ 862 (26 July 2024)

P v Q & F (Child: Legal Parentage) [2024] EWCA Civ 878 (26 July 2024)

Marano v Commissioners for His Majesty’s Revenue & Customs [2024] EWCA Civ 876 (26 July 2024)

W & Ors (Implementation of Adoption Plan Pending Appeal) [2024] EWCA Civ 837 (25 July 2024)

Ridley v HB Kirtley t/a Queen’s Court Business Centre [2024] EWCA Civ 884 (25 July 2024)

Virgin Media Ltd v NTL Pension Trustees II Ltd & Ors [2024] EWCA Civ 843 (25 July 2024)

Court of Appeal (Criminal Division)

DB, R. v [2024] EWCA Crim 881 (26 July 2024)

AAB, R. v [2024] EWCA Crim 880 (26 July 2024)

High Court (Administrative Court)

Carrigan, R (On the Application Of) v Secretary of State for Justice [2024] EWHC 1940 (Admin) (30 July 2024)

Carr & Anor, R (On the Application Of) v HM Assistant Coroner for North Wales (East and Central) (Re Determination as to Venue) [2024] EWHC 1983 (Admin) (30 July 2024)

Rooks, R (On the Application Of) v Crown Prosecution Service [2024] EWHC 1941 (Admin) (29 July 2024)

Transactual CIC & Anor, R (On the Application Of) v Secretary of State for Health And Social Care & Anor [2024] EWHC 1936 (Admin) (29 July 2024)

Draper, R (On the Application Of) v Secretary of State for Justice [2024] EWHC 1892 (Admin) (29 July 2024)

Cobban & Anor v Director of Public Prosecutions [2024] EWHC 1908 (Admin) (26 July 2024)

Sutcliffe v Secretary of State for Education [2024] EWHC 1878 (Admin) (25 July 2024)

Basingstoke and Deane Borough Council v Secretary of State for Levelling Up, Housing and Communities & Anor [2024] EWHC 1916 (Admin) (25 July 2024)

Higgins v General Medical Council [2024] EWHC 1906 (Admin) (25 July 2024)

Gurau v Suceava District Court, Romania [2024] EWHC 1924 (Admin) (25 July 2024)

High Court (Chancery Division)

Playfair & Ors v Pannells LLP & Ors [2024] EWHC 1933 (Ch) (30 July 2024)

Clearcourse Partnership Acquireco Ltd & Anor v Jethwa & Ors [2024] EWHC 1964 (Ch) (30 July 2024)

Umbrella Care Ltd (In Liquidation) v Raja [2024] EWHC 1973 (Ch) (30 July 2024)

Bourlakova & Ors v Bourlakova & Ors [2024] EWHC 1937 (Ch) (29 July 2024)

Haw & Anor v QM Systems Ltd [2024] EWHC 1944 (Ch) (29 July 2024)

The Official Receiver v Djurberg [2024] EWHC 1938 (Ch) (29 July 2024)

Seaton Management Ltd v Evans-Jones [2024] EWHC 1883 (Ch) (26 July 2024)

Obaid & Ors v RLS Solicitors Ltd (t/a RLS Law) [2024] EWHC 1899 (Ch) (26 July 2024)

L & S Accounting Firm Umbrella Ltd v Oronsaye & Ors [2024] EWHC 1919 (Ch) (26 July 2024)

Broom v Aguilar [2024] EWHC 1961 (Ch) (25 July 2024)

High Court (Commercial Court)

The Republic of Mozambique v Credit Suisse International & Ors[2024] EWHC 1957 (Comm) (29 July 2024)

FW Aviation (Holdings) 1 Ltd v VietJet Aviation Joint Stock Company [2024] EWHC 1904 (Comm) (26 July 2024)

Apparel Fzco v Iqbal [2024] EWHC 1931 (Comm) (26 July 2024)

MOK Petro Energy FZC v Argo (No. 604) Ltd & Ors [2024] EWHC 1935 (Comm) (26 July 2024)

High Court (Family Division)

P, Re (Vulnerable Adult: Withdrawal of Application) [2024] EWHC 1882 (Fam) (25 July 2024)

High Court (Patents Court)

Lufthansa Technik AG v Astronics Advanced Electronic Systems & Anor [2024] EWHC 1918 (Pat) (25 July 2024)

Alcatel Lucent SAS v Amazon Digital UK Ltd & Ors [2024] EWHC 1921 (Pat) (24 July 2024)

Lenovo Group Ltd & Ors v InterDigital Technology Corporation & Ors [2024] EWHC 1922 (Pat) (24 July 2024)

Hill v Touchlight Genetics Ltd & Ors [2024] EWHC 1913 (Pat) (10 July 2024)

High Court (King’s Bench Division)

Wormleighton v Cape Intermediate Holdings Ltd [2024] EWHC 1971 (KB) (29 July 2024)

Sledziewski & Anor v Persons Unknown & Anor [2024] EWHC 1955 (KB) (29 July 2024)

XGY v Sussex Police & Anor [2024] EWHC 1963 (KB) (29 July 2024)

Wye Valley NHS Trust v Murphy [2024] EWHC 1912 (KB) (26 July 2024)

Colizzi v Coulson & Anor [2024] EWHC 1956 (KB) (26 July 2024)

Wragg & Ors v Opel Automobile GmbH & Ors [2024] EWHC 1909 (KB) (25 July 2024)

Pattinson v Winsor [2024] EWHC 1910 (KB) (24 July 2024)

Northern Lincolnshire & Goole NHS Foundation Trust v Burnell-Chambers & Anor [2024] EWHC 1901 (KB) (24 July 2024)

High Court (Technology and Construction Court)

BDW Trading Ltd v URS Corporation Ltd & Anor [2024] EWHC 1890 (TCC) (24 July 2024)

Source: www.bailii.org

Using Universal Periodic Review Recommendations in UK Courts – Judicial Review

Posted July 30th, 2024 in human rights, judicial review, news, United Nations by sally

‘This article is the first to demonstrate how the United Nations Universal Periodic Review (UPR) recommendations can be used in UK domestic law and courts. The UPR is a cyclical review of UN member states’ human rights obligations. It is unique because it involves states (rather than judges or experts) scrutinising and making recommendations to one another on how they can improve human rights on the ground. These recommendations are then subject to a process of follow-up in the subsequent review, which will occur four to five years later when the state can then be scrutinised about their implementation of recommendations made in the previous cycle. The UPR was set up as an international political process, and as a consequence legal practitioners may be unaware of the UPR, or at least unfamiliar with its relevance to their work. Indeed, it has almost never featured in reported case law in England and Wales.’

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Judicial Review, 29th July 2024

Source: www.tandfonline.com

UK Supreme Court rewrites the rules on retained EU case law – OUT-LAW.com

‘In an important recent judgment, the UK Supreme Court has rewritten the post-Brexit rules on application of EU case law in the UK courts, so that they apply retrospectively in proceedings in respect of pre-Brexit events.’

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OUT-LAW.com, 29th July 2024

Source: www.pinsentmasons.com

SRA ordered to pay costs after “flawed” ban on non-solicitor – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has ordered the Solicitors Regulation Authority (SRA) to pay costs of £5,000 after bringing a “flawed and misconceived” case against a non-solicitor.’

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Legal Futures, 30th July 2024

Source: www.legalfutures.co.uk

Man jailed for life for hiring hitman to murder wife – BBC News

Posted July 30th, 2024 in conspiracy, married persons, murder, news, sentencing by sally

‘A husband who hired a hitman to murder his former wife while he was having an affair has been jailed for life with a minimum of 22 years.’

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BBC News, 29th July 2024

Source: www.bbc.co.uk

ICO hits NHS Trust and police force with enforcement notices over hundreds of unanswered FOI requests – Local Government Lawyer

Posted July 30th, 2024 in enforcement notices, freedom of information, hospitals, news, police by sally

‘The Information Commissioner’s Office (ICO) has issued enforcement notices against Devon and Cornwall Police and Barking, Havering and Redbridge Hospitals NHS Trust over hundreds of unanswered freedom of information (FOI) requests.’

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Local Government Lawyer, 29th July 2024

Source: www.localgovernmentlawyer.co.uk

High Court grants injunction to judge harassed by brother-in-law – Legal Futures

Posted July 30th, 2024 in families, harassment, injunctions, judges, news, wills by sally

‘The High Court has granted a final injunction to stop a district judge being harassed by his brother-in-law over a will.’

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Legal Futures, 30th July 2024

Source: www.legalfutures.co.uk

Puberty blockers ban imposed by Tory government is lawful, high court rules – The Guardian

‘A ban on prescribing puberty blockers to children with gender dysphoria in England, Scotland and Wales was lawful, a high court judge has ruled.’

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The Guardian, 29th July 2024

Source: www.theguardian.com

Imprisonment for Public Protection: No more kicking the can – Mountford Chambers

‘With an election taking place during the Euros, it is almost too tempting to describe the Labour Party as running towards an open goal. A new government is almost seen as inevitable, with the real question being the size of its majority. Yet it remains unclear whether this change will embolden much-needed reform to the criminal justice system. For any future Justice Secretary, addressing the plight of those serving sentences of Imprisonment for Public Protection (IPP) must be at the top of their to-do list.’

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Mountford Chambersm 1st July 2024

Source: www.mountfordchambers.com