Criminal law changes – Law Society’s Gazette

‘Offender Rehabilitation Act

This act came into force on 1 February 2015 for sentences imposed on or after that date. This is important for any defendant who receives a sentence of more than one day but less than two years, and who is over 18 on the day of their release. They will now be required to spend a total of one year either on licence or on supervision under the provisions introduced by this statute (section 256AA of the Criminal Justice Act 2003).’

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Law Society’s Gazette, 15th June 2015

Source: www.lawgazette.co.uk

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Independent reviewer recommends redraft of UK surveillance laws – OUT-LAW.com

‘Existing UK surveillance laws should be scrapped and replaced by a “comprehensive and comprehensible new law…drafted from scratch”, the barrister appointed to review UK terrorism legislation has said.’

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OUT-LAW.com, 16th June 2015

Source: www.out-law.com

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Human Rights Act repeal would send wrong signal, says Tory peer – The Guardian

Posted June 2nd, 2015 in bills, human rights, legislation, news, repeals, treaties by sally

‘A Conservative former lord chancellor has opposed calls for Britain to withdraw from the European convention on human rights, arguing that it would send out the wrong signal.’

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The Guardian, 1st June 2015

Source: www.guardian.co.uk

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UK competition authority gains power to make recommendations on how proposed laws would affect competition – OUT-LAW.com

Posted May 28th, 2015 in competition, legislation, news by sally

‘The Competition and Markets Authority (CMA) now has the power to make written recommendations to UK government ministers on how legislative plans before the UK parliament could impact on competition in UK markets.’

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OUT-LAW.com, 27th May 2015

Source: www.out-law.com

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Attempt to scrap Human Rights Act will not get past Lords, Falconer warns Gove – The Guardian

‘A new British bill of rights is expected to be included in the Queen’s speech, but shadow lord chancellor says upper house would be within its rights to reject it.’

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The Guardian, 22nd May 2015

Source: www.guardian.co.uk

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HRA Watch: Reform, Repeal, Replace? Cormac Mac Amhlaigh: A Referendum on Repeal of the Human Rights Act? Why not? – UK Constitutional Law Association

‘So we finally we have some clarity. Of the many statements, quasi-proposals and rumours affecting constitutional reform which had been swirling around during the term of the last coalition government, we now know which will see the light of day as official government policy. With the surprise Conservative majority government, it is now clear that the Human Rights Act will be repealed and replaced with a British Bill of Rights and there will be a referendum on EU membership by 2017 at the latest. Given that many of these issues had already been touted by one part of the coalition, many, if not most, of the constitutional and political implications, and particularly the difficulties, of these proposals have already been thrashed out in different forums such as the recent report co-edited by my colleague Tobias Lock, as well as, of course, on the pages of this blog. I have read and benefited from these excellent insights and so have nothing to add here to the substance of these issues.’

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UK Constitutional Law Association, 25th May 2015

Source: http://ukconstitutionallaw.org

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Legal experts call for greater scrutiny of surveillance laws – The Guardian

‘An alliance of prominent academics have signed a letter to the government warning against any expansions of state surveillance without the full involvement of parliament and the public.’

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The Guardian, 26th May 2015

Source: www.guardian.co.uk

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HRA Watch: Reform, Repeal, Replace? Mark Elliott: Could the Devolved Nations Block Repeal of the Human Rights Act and the Enactment of a New Bill of Rights? – UK Constitutional Law Association

‘In my last post on the proposed repeal of the Human Rights Act 1998 and the enactment of a British Bill of Rights, I considered the extent to which the House of Lords might thwart the Government’s plans. My conclusion was that the Lords might plausibly assert itself so as to delay the legislation, traditional understandings of the Salisbury Convention notwithstanding, but that the Parliament Act 1911 clearly deprives the Lords of any absolute veto. What, however, of the devolved nations? Could they block the implementation of the UK Government’s proposals?’

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UK Constitutional Law Association, 16th May 2015

Source: www.ukconstitutionallaw.org

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Modern Slavery Act 2015—the first steps in the right direction – Halsbury’s Law Exchange

Posted May 5th, 2015 in legislation, news, trafficking in human beings by sally

‘The Modern Slavery Act 2015 (MSA 2015) was one of the last bills to receive Royal Assent before Parliament was dissolved for the election. Schona Jolly, head of her chambers at Cloisters’ human rights group, considers the new law and its shortfalls.’

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Halsbury’s Law Exchange, 1st May 2015

Source: www.halsburyslawexchange.co.uk

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Senior judge says the UK needs a new Copyright Act – OUT-LAW.com

Posted April 30th, 2015 in copyright, EC law, intellectual property, internet, judges, legislation, news, speeches by sally

‘The UK government should create a new Copyright Act to address changes in technology, developments internationally and in the EU and a range of problems and issues that have arisen with existing UK copyright laws since they were introduced in 1988, a senior judge has said.’

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OUT-LAW.com, 29th April 2015

Source: www.out-law.com

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Procedure – 39 Essex Chambers

Posted April 29th, 2015 in anonymity, costs, damages, dismissal, legislation, media, news, personal injuries by sally

‘Section 57 of the Criminal Justice and Courts Act 2015 comes into force on 13 April 2015.

Section 57, which introduces the presumption of dismissal in personal injury claims where the claimant has been found to be fundamentally dishonest in relation to a primary or related claim, comes into force on 13 April 20151. The explanatory notes to the Bill for this Act confirm that this provision is designed to extend the power identified in Summers v Fairclough Homes Ltd2 beyond the very exceptional circumstances required there under for an abusive claim to be struck out at the end of trial. The reference to a ‘related claim’ makes it clear that the Shah v Ul-Haq3 style claimant, who dishonestly supports the fraudulent claim of another, will also stand to lose their own (honest) claim.’

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39 Essex Chambers, April 2015

Source: www.39essex.com

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Two key changes to familiar three letter acronyms – EIA and CIL – 39 Essex Chambers

Posted April 29th, 2015 in EC law, environmental health, legislation, news, planning by sally

‘As the planning world turns its attention to the upcoming election and wonders what the future holds post 7 May 2015, it would be wise not to overlook the significance of today: 6 April. Two notable changes to environmental and planning law came into force this morning and they will be likely significantly to impact large development proposals across the country. They may, in turn, become the subject of litigation in the future. I discuss each below.’

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39 Essex Chambers, April 2015

Source: www.39essex.com

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Recent Statutory Instruments – legislation.gov.uk

Posted April 21st, 2015 in legislation by sally

SI 2015/914 – The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015

SI 2015/1001 – The Civil Enforcement of Parking Contraventions (England) General (Amendment No. 2) Regulations 2015

SI 2015/1027 – The Misuse of Drugs Act 1971 (Temporary Class Drug) Order 2015
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Supply and Appropriation (Anticipation and Adjustments) Act 2015 – legislation.gov.uk

Posted April 7th, 2015 in budgets, legislation by sally

Supply and Appropriation (Anticipation and Adjustments) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

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Finance Act 2015 – legislation.gov.uk

Posted April 7th, 2015 in budgets, legislation by sally

Finance Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

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International Development (Official Development Assistance Target) Act 2015 – legislation.gov.uk

Posted April 7th, 2015 in budgets, charities, legislation, United Nations by sally

International Development (Official Development Assistance Target) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

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Mutuals’ Deferred Shares Act 2015 – legislation.gov.uk

Posted April 2nd, 2015 in insurance, legislation, shareholders by sally

Mutuals’ Deferred Shares Act 2015 published

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Source: www.legislation.gov.uk

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House of Lords (Expulsion and Suspension) Act 2015 – legislation.go.uk

Posted April 2nd, 2015 in constitutional law, legislation, parliament, peerages & dignities by sally

House of Lords (Expulsion and Suspension) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

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The Care Act 2014: Carer’s Needs and Eligibility – Doughty Street Chambers

Posted April 2nd, 2015 in carers, disabled persons, elderly, legislation, news, social services by sally

‘This paper considers the eligibility criteria in relation to carers under the Care
Act 2014 (“the Act”), and what duties and powers local authorities are under
to meet eligible needs. The eligibility provisions in the Act are augmented by
the Care and Support Statutory Guidance of October 2014 (“the Guidance”),
Chapter 6, Assessment and eligibility.’

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Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

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Introduction to the Care Act 2014 – Doughty Street Chambers

‘This paper deals with the following issues:
a. Establishing ordinary residence
b. Dispute resolution mechanism
c. Financial adjustment between local authorities
d. Prisoners
e. Challenges and appeals.’

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Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

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