Graham Allen: Kick-starting the debate on a codified constitution for the UK – UK Constitutional Law Association

Posted August 14th, 2014 in constitutional reform, consultations, news, select committees by sally

‘Does the United Kingdom need a codified constitution? It’s a question on which generations of law students will have had to write essays, burning the midnight oil and scribbling or tapping away into the night, rehearsing the pros and the cons. But I want it to be something else: the start of a lively and passionate public debate that could result in real change to our country’s democratic set-up.’

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UK Constitutional Law Association, 14th August 2014

Source: www.ukconstitutionallaw.org

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Regina (An Taisce (The National Trust for Ireland)) v Secretary of State for Energy and Climate Change – WLR Daily

Regina (An Taisce (The National Trust for Ireland)) v Secretary of State for Energy and Climate Change [2014] EWCA Civ 1111; [2014] WLR (D) 367

‘The Secretary of State was not required by Parliament and Council Directive 2001/92/EC to conduct a transboundary consultation with the Republic of Ireland before granting planning permission to construct a nuclear power station near the Irish state if he was convinced that it was not “likely to have significant effects on the environment in another member state”, within article 7 of the Directive.’

WLR Daily, 1st August 2014

Source: www.iclr.co.uk

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The latest on cuts: Lessons for authorities following R (Draper) v Lincolnshire CC – Hardwicke Chambers

Posted August 7th, 2014 in budgets, consultations, judicial review, libraries, local government, news by sally

‘Mr Justice Collins has handed down judgment in the latest case borne out of government cuts. The judgment provides useful learning to local authorities in particular on how to comply with new duties in relation to expressions of interest under the Localism Act 2011, writes Leon Glenister.’

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Hardwicke Chambers, 5th August 2014

Source: www.hardwicke.co.uk

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UK government to assess whether virtual currencies should be regulated – OUT-LAW.com

‘The UK government is to review the trade in virtual currencies to investigate whether it should regulated.’

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OUT-LAW.com, 6th August 2014

Source: www.out-law.com

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Energy price riggers to face jail under new proposals – BBC News

‘Anyone found guilty of rigging wholesale gas and electricity prices faces up to two years in jail, under new proposals by the government.’

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BBC News, 6th August 2014

Source: www.bbc.co.uk

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Consulting on library cuts – Law Society’s Gazette

Posted August 4th, 2014 in budgets, consultations, libraries, local government, news by sally

‘Local authorities proposing sensitive budget cuts inevitably cross minefields laden with lethal legal ordnance. This generally includes volatile consultation and equalities devices. But following the decision of Collins J on 17 July in Draper v Lincolnshire County Council [2014] EWHC 2388 (Admin), consultation may have become more complex.’

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Law Society’s Gazette, 4th August 2014

Source: www.lawgazette.co.uk

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Plans outlined to amend tax rules to enable new simplified reporting of VAT owed for supply of digital services – OUT-LAW.com

Posted July 31st, 2014 in consultations, EC law, news, regulations, taxation, VAT by michael

‘Proposed amendments to UK tax rules are being consulted on by HM Revenue & Customs (HMRC) to recognise a new simplified mechanism that is being introduced for reporting VAT owed on the supply of digital services following changes to EU laws.’

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OUT-LAW.com, 30th July 2014

Source: www.out-law.com

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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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