Law Commission urges full reform project on data sharing and public bodies – Local Government Lawyer

Posted July 22nd, 2014 in consultations, data protection, Law Commission, news, privacy, reports by sally

‘The Law Commission has this month recommended that a full law reform project should be carried out “in order to create a principled and clear legal structure for data sharing, which will meet the needs of society”.’

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Local Government Lawyer, 21st July 2014

Source: www.localgovernmentlawyer.co.uk

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Plan to stop non-residents getting Legal Aid is unlawful, rules High Court – UK Human Rights Blog

‘House of Lords is scheduled to vote on the Government’s proposals for a residence test for access to legal aid, Angela Patrick, Director of Human Rights Policy at JUSTICE considers today’s judgment of the Divisional Court in PLP v Secretary of State for Justice.’

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UK Human Rights Blog, 15th July 2014

Source: www.ukhumanrightsblog.com

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Regina (Flatley) v Hywel Dda University Local Health Board; Regina (Flatley) v Welsh Ministers; Regina (Dinghy) v Welsh Ministers – WLR Daily

Regina (Flatley) v Hywel Dda University Local Health Board;  Regina (Flatley) v Welsh Ministers; Regina (Dinghy) v Welsh Ministers; [2014] EWHC 2258 (Admin); [2014] WLR (D) 311

‘The function of the minister following a referral by a community health council under regulation 27(9) of the Community Health Councils (Constitution, Membership and Procedures) (Wales) Regulations 2010 was to reach a final decision on a proposal put forward by a local health board. That function was directed at the outcome, there was no requirement for the minister to review the process, including any consultation, leading to the proposal, although the minister had a discretion to consider the circumstances of the process in reaching a decision on the proposal overall.’

WLR Daily, 10th July 2014

Source: www.iclr.co.uk

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You cannot be serious! Peers call ‘out’ on Government’s judicial review reforms – UK Human Rights Blog

‘Last night saw the House of Lords’ first reaction to the Government’s proposed changes to judicial review as the Criminal Justice and Courts Bill had its second reading. Already dissected at some length in this blog, the proposals have been roundly criticised by both the senior judiciary and the Joint Committee on Human Rights. Consultations responses, including from JUSTICE, expressed concern that the measures appear, by design or coincidence, to undermine the rule of law, inhibit transparency and shield the Government from judicial scrutiny. Two key concerns arise from the Government proposals: restricting access for individuals without substantial means and limiting the courts’ discretion to do justice in the public interest. Yesterday’s debate was robust and eloquent, with former Law Lords joined by bishops and backbenchers alike to condemn the new measures.’

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UK Human Rights Blog, 1st July 2014

Source: www.ukhumanrightsblog.com

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Do Not Attempt Resuscitation Orders: a duty to consult with the patient – Halsbury’s Law Exchange

Posted June 26th, 2014 in appeals, consultations, hospital orders, news by sally

‘The Court of Appeal has stated that a statement in a patient’s medical notes that resuscitation should not be attempted (a “Do Not Attempt Resuscitation” Order (DNAR)), should usually only be inserted after consultation with the patient: see R (Tracey) v Cambridge University Hospitals NHS Foundation Trust and others.’

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Halsbury’s Law Exchange, 25th June 2014

Source: www.halsburyslawexchange.co.uk

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Unified Patent Court Consultation – NIPC Law

Posted June 25th, 2014 in consultations, courts, news, patents by sally

‘As I said in How the Intellectual Property Act 2014 changes British Patent Law 21 June 2014 JD Supra, the most important provision of the Intellectual Property Act 2014 is s.17 which inserts a new s.88A into the Patents Act 1977. That section confers power on the Secretary of State to make provision in the UK for the Agreement on a Unified Patent Court.’

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NIPC Law, 25th June 2014

Source: www.nipclaw.blogspot.co.uk

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Do Not Resuscitate notices: Patients’ rights under Article 8 – UK Human Rights Blog

‘The Court of Appeal has declared that the failure of a hospital to consult a patient in their decision to insert a Do Not Attempt Cardiopulmonary Resuscitation Notice in her notes was unlawful and in breach of her right to have her physical integrity and autonomy protected under Article 8.’

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UK Human Rights Blog, 17th June 2014

Source: www.ukhumanrightsblog.com

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Legal duty over resuscitation orders – BBC News

Posted June 17th, 2014 in appeals, consultations, duty of care, hospital orders, hospitals, news by sally

‘Doctors have a legal duty to consult with and inform patients if they want to place a Do Not Resuscitate (DNR) order on medical notes, says the Court of Appeal in England.’

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BBC News, 17th June 2014

Source: www.bbc.co.uk

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A new test to determine who is fit for trial – Law Commission

‘How do we determine whether someone accused of a crime is physically and mentally fit to participate in a criminal trial? And what do we do if they are not? These are the questions being examined today as the Law Commission brings together leading experts in criminal law and mental health to exchange views at a consultation event at Leeds University.’

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Law Commission, 11th June 2014

Source: www.lawcommission.justice.gov.uk

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Regina (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 3) – WLR Daily

Regina (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 3) [2014] EWCA Civ 708; [2014] WLR (D)  237

‘A leaked diplomatic cable published on the internet by a third party did not violate the archive and documents of the diplomatic mission which sent the cable since it had already been disclosed to the world by a third party. On that narrow ground it was admissible as evidence in court. However, even if the evidence in question had been admitted, it would not have led to a different decision and therefore was not a ground for allowing the appeal.’

WLR Daily, 23rd May 2014

Source: www.iclr.co.uk

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Chagossians: Wikileaked cable admissible after all – UK Human Rights Blog

‘Rosalind English has summarised this unsuccessful appeal against the rejection of the Chagossians’ claims by the Divisional Court, and I have posted on this litigation arising out of the removal and subsequent exclusion of the population from the Chagos Archipelago in the British Indian Ocean Territory.’


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UK Human Rights Blog, 26th May 2014

Source: www.ukhumanrightsblog.com

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Richard III and Chagossian judicial review claims all dismissed – UK Human Rights Blog

‘The facts of this application for judicial review were set out in David Hart QC’s post on the original permission hearing. To recap briefly, the Plantagenet Alliance, a campaigning organisation representing a group of collateral descendants of Richard III were given the go ahead to seek judicial review of the decision taken by the respondents – the Secretary of State, Leicester Council and Leicester University, regarding his re-interment at Leicester Cathedral without consulting them. More specifically, the claimant’s main case was that there was an obligation, principally on the part of the Ministry of Justice, to revisit or reconsider the licence once the remains had been conclusively identified as those of Richard III.’

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UK Human Rights Blog, 23rd May 2014

Source: www.ukhumanrightsblog.com

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New nursing code: Patients asked to help shape draft – BBC News

Posted May 19th, 2014 in codes of practice, consultations, hospitals, news, nurses, standards by sally

‘Patients and the public are being urged to have their say over what standards nurses and midwives should abide by.’

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BBC News, 19th May 2014

Source: www.bbc.co.uk

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Leading judges in damning attack on civil aid cuts – Law Society’s Gazette

‘Senior judges have launched their most scathing attack yet on the government’s cuts to civil legal aid. In written evidence responding to the government’s consultation on the first year of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act, the Judicial Executive Board said courts have faced an ‘unprecedented increase’ in numbers of litigants in person (LiPs).’

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Law Society’s Gazette, 14th May 2014

Source: www.lawgazette.co.uk

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Legal Ombudsman and complaints about claims management companies – consultation on the fees framework – Ministry of Justice

Posted May 8th, 2014 in claims management, complaints, consultations, fees, legal ombudsman by tracey

‘In August 2012 the Government announced its intention for customers’ complaints about poor service provided by authorised claims management companies to be dealt with by the Legal Ombudsman. The Legal Ombudsman will provide a new avenue of redress for clients of claims management companies and will assist the Claims Management Regulator in driving out poor standards and practices in the market.

This paper sets out for consultation proposals as to how the costs the Legal Ombudsman will incur in dealing with complaints about authorised claims management companies may be recovered from the authorised claims management industry.’

Full consultation

Ministry of Justice, 7th May 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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Section 24 of the Animals (Scientific Procedures) Act 1986 – Home Office

Posted May 2nd, 2014 in animals, consultations, experiments by tracey

‘This paper sets out the government’s proposals for the review and indicates our preferred option. This consultation is seeking views on our proposals and invites suggestions as to whether they are appropriate, how they may work in practice and any alternatives available. We also seek advice to help quantify the potential impacts associated with the chosen options.’

Full text

Home Office, 1st May 2014

Source: www.gov.uk/home-office

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MoJ rules out further reform of legal services regulation – Law Society’s Gazette

Posted May 2nd, 2014 in consultations, legal profession, legal services, news by tracey

‘The government has ruled out immediate further changes to the framework for legal services regulation following the wide-ranging review launched by the Ministry of Justice last June.’

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Law Society’s Gazette, 1st May 2014

Source: www.lawgazette.co.uk

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Consultation Paper on Changes to the Guidance on Returning Instructions – Response on Behalf of the Bar Liaison Committee of the Honourable Society of the Inner Temple – The Inner Temple

Posted May 1st, 2014 in barristers, consultations, fees, inns of court, news by sally

Consultation Paper on Changes to the Guidance on Returning Instructions – Response on Behalf of the Bar Liaison Committee of the Honourable Society of the Inner Temple (PDF)

The Inner Temple, April 2014

Source: www.innertemple.org.uk

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Not in our name: Parliamentary committee rejects Government’s case for Judicial Review reform – UK Human Rights Blog

‘Angela Patrick, Director of Human Rights Policy at JUSTICE, summarises the important Joint Committee on Human Rights report “The implications for access to justice of the Government’s proposals to reform judicial review”.’

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UK Human Rights Blog, 30th April 2014

Source: www.ukhumanrightsblog.com

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Clarifying the legal framework for social investment by charities – Law Commission

Posted April 28th, 2014 in charities, consultations, news by sally

‘Social investment provides financial returns while at the same time generating social benefits. It is an important and developing area for charities, enabling them to meet their charitable objectives by combining investment and spending. In a consultation opening today the Law Commission is seeking views on the law that governs how charities make social investments.’

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Law Commission, 24th April 2014

Source: www.lawcommission.justice.gov.uk

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