FGM cutter trying to enter the UK, police warn – The Independent

Posted September 20th, 2016 in female genital mutilation, ministers' powers and duties, news, police, visas by tracey

‘An application to the High Court by police trying to block the woman from entering the UK was declined as the judge said it was up to the Secretary of State to intervene.’

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The Independent, 19th September 2016

Source: www.independent.co.uk

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Junior doctors take contract fight to high court – BBC News

Posted September 19th, 2016 in contracts, doctors, industrial action, ministers' powers and duties, news, ultra vires by tracey

‘Junior doctors in England are going to the High Court to try and stop the government imposing a new contract.’

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BBC News, 19th September 2016

Source: www.bbc.co.uk

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Justice for everyone: another Grayling reform bites the dust – UK Human Rights Blog

‘R (on the application of Public Law Project) v Lord Chancellor [2016] UKSC 39.
Supreme Court bins the Government’s residence test for legal aid as ultra vires: just as the latest non-lawyer assumes the role of Lord Chancellor, the reforms made by the first non-lawyer to assume that role continue to fade away.’

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UK Human Rights Blog, 14th July 2016

Source: www.ukhumanrightsblog.com

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Robert Craig: Triggering Article 50 Does not Require Fresh Legislation – UK Constitutional Law Association

‘Considerable public interest has recently been focused on the ‘trigger’ mechanism for exit from the EU which is set out in Article 50 of the Lisbon Treaty. Expert opinion has divided between those who believe that the power to trigger Article 50 rests with the Executive using the legal authority of the royal prerogative from the Crown with no further parliamentary involvement necessary and those who argue that fresh legislation is required to confer statutory authorisation on the Executive to do something which could render nugatory rights under the European Communities Act 1972 (‘ECA’). An ingenious third way involving section 2(2) of the ECA has also been suggested.’

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UK Constitutional Law Association, 8th July 2016

Source: www.ukconstitutionallaw.org

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First legal attempt to prevent Brexit set for preliminary hearing – The Guardian

‘The first legal attempt to prevent the prime minister initiating Britain’s withdrawal from the European Union is to be heard later this month.’

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The Guardian, 8th July 2016

Source: www.guardian.co.uk

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Hillsborough: Families want ‘remedial measures’ for South Yorkshire Police – BBC News

Posted April 29th, 2016 in bereavement, inquiries, ministers' powers and duties, news, police, sport by tracey

‘Lawyers for 20 families of the victims of the Hillsborough disaster have asked the home secretary to apply remedial measures to South Yorkshire Police. Broudie Jackson Canter (BJC) Solicitors said Theresa May should send a team in to examine the force “root and branch”.’

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BBC News, 29th April 2016

Source: www.bbc.co.uk

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Ministers’ language ‘undermines human rights work’, MPs say – BBC News

Posted April 5th, 2016 in human rights, ministers' powers and duties, news, select committees by sally

‘Ministers are creating a “perception” that human rights are not a priority for the government, MPs say.’

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BBC News, 5th April 2016

Source: www.bbc.co.uk

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Theresa May faces parliamentary investigation over flimsy basis for student deportations – The Independent

‘Theresa May is to face a parliamentary investigation after an immigration tribunal ruled that the Home Office used unscientific “hearsay” to deport thousands of students from Britain.’

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The Independent, 23rd March 2016

Source: www.independent.co.uk

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Hammond criticises judge for stripping diplomatic immunity from Saudi billionaire – The Guardian

Posted March 22nd, 2016 in appeals, diplomats, divorce, immunity, judges, ministers' powers and duties, news by sally

‘Phillip Hammond, the foreign secretary, has taken the highly unusual step of criticising a high court judge’s decision to strip diplomatic immunity from a Saudi billionaire facing divorce proceedings from his estranged wife.’

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The Guardian, 22nd March 2016

Source: www.guardian.co.uk

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Kenneth Clarke ‘failed to act’ over Lord Janner and Cyril Smith child abuse tip-offs – Daily Telegraph

‘Government’s sex abuse inquiry – which has first preliminary hearing on Wednesday – will hear claims that former home secretary was warned of abuse in the early 90s.’

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Daily Telegraph, 8th March 2016

Source: www.telegraph.co.uk

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Challenging Government Decisions a Pain in the Neck – Henderson Chambers

‘On 11 December 2015, Cranston J gave Judgment in Speed Medical Examination Services Limited v Secretary of State for Justice [2015] EWHC 3585 (Admin). Cranston J held that the Defendant’s reforms in respect of the system for obtaining medical reports in whiplash cases was not open to challenge on grounds of irrationality or its purported anticompetitive effects.’

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Henderson Chambers, 3rd February 2016

Source: www.hendersonchambers.co.uk

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Junior doctors launch legal challenge to Jeremy Hunt’s decision to impose new contract – The Independent

‘Junior doctors have a launched a legal challenge to Jeremy Hunt’s decision to impose a new contract, and announced that three fresh strikes will hit the NHS in the spring.’

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The Independent, 23rd February 2016

Source: www.independent.co.uk

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Domestic violence legal aid changes were ‘invalid’ – BBC News

Posted February 19th, 2016 in domestic violence, evidence, legal aid, ministers' powers and duties, news, women by sally

‘A women’s charity has won an appeal against rule changes which it said “cut too many women off” from legal aid in domestic violence cases.’

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BBC News, 19th February 2016

Source: www.bbc.co.uk

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The Attorney General on who should decide what the public interest is – Attorney General’s Office

‘The Attorney General Jeremy Wright QC MP spoke at University College London’s Law Faculty on his role as a guardian of the public interest.’

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Attorney General’s Office, 8th February 2016

Source: www.gov.uk/ago

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No 10 faces legal challenge over ministerial code rewrite – The Guardian

Posted February 12th, 2016 in codes of practice, international law, ministers' powers and duties, news by sally

‘Downing Street is facing a legal challenge to restore 13 words deleted from the ministerial code that appeared to remove the government’s obligation to uphold international law.’

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The Guardian, 11th February 2016

Source: www.guardian.co.uk

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Judges ‘not always best placed’ to decide public interest – Law Society’s Gazette

‘Politicians are sometimes better placed than judges to decide what is in the public interest in disputes over freedom of information, the government’s most senior lawyer has said.’

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Law Society’s Gazette, 9th February 2016

Source: www.lawgazette.co.uk

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Regina (Cruelty Free International) v Secretary of State for the Home Department – WLR Daily

Regina (Cruelty Free International) v Secretary of State for the Home Department [2015] EWHC 3631 (Admin); [2015] WLR (D) 556

‘Nothing in section 18(2) or (2A) of the Animals (Scientific Procedures) Act 1986 required the Secretary of State or someone acting under delegated authority to wait for an inspector’s report before taking any decision against the licence holder.’

WLR Daily, 14th December 2016

Source: www.iclr.co.uk

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Regina (Public Law Project) v Lord Chancellor (Office of the Children’s Commissioner intervening) – WLR Daily

Regina (Public Law Project) v Lord Chancellor (Office of the Children’s Commissioner intervening) [2015] EWCA Civ 1193; [2015] WLR (D) 480

‘The decision of the Lord Chancellor to propose by statutory instrument an amendment to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to impose a residence test for those otherwise eligible for civil legal aid under Part 1 of Schedule 1 to the Act was not unlawful or discriminatory.’

WLR Daily, 25th November 2015

Source: www.iclr.co.uk

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Jack Straw and senior spy could avoid torture prosecution – The Guardian

‘The former foreign secretary Jack Straw and Sir Mark Allen, a former senior MI6 officer, could avoid prosecution over complicity in the rendition and torture of two Libyan dissidents by claiming immunity, the supreme court has been told.’

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The Guardian, 11th November 2015

Source: www.guardian.co.uk

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Giving judges power to grant spying warrants instead of ministers would be ‘glib’ says ex anti-terror adviser – The Independent

‘Putting judges in charge of issuing surveillance warrants would fail because they lack the sufficient knowledge of national security issues, the Government’s former anti-terror adviser has said.’

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The Independent, 2nd November 2015

Source: www.independent.co.uk

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