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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Drink-drive limit should be lowered in England and Wales, say police – The Guardian

Posted May 19th, 2015 in alcohol abuse, dangerous driving, news, police, Scotland by sally

‘The drink-driving limit should be lowered in England and Wales to match the threshold in Scotland, the Police Federation has suggested.’

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The Guardian, 19th May 2015

Source: www.guardian.co.uk

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University and College Union (Appellant) v The University of Stirling (Respondent) (Scotland) – Supreme Court

University and College Union (Appellant) v The University of Stirling (Respondent) (Scotland) [2015] UKSC 26 (YouTube)

Supreme Court, 29th April 2015

Source: www.youtube.com/user/UKSupremeCourt

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Mental Capacity Law Newsletter – 39 Essex Chambers

Posted April 29th, 2015 in deprivation of liberty safeguards, mental health, news, Scotland by sally

Mental Capacity Law Newsletter (PDF)

39 Essex Chambers, April 2015

Source: www.39essex.com

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Montgomery Rules following the demise of Sidaway – No. 5 Chambers

Posted April 2nd, 2015 in appeals, birth, consent, hospitals, negligence, news, Scotland, Supreme Court by sally

‘The Supreme Court decision in the case of Montgomery v. Lanarkshire Health Board [2015] UKSC 11, 11 March 2015 sounds the death knell for Sidaway. The Supreme Court comprised of 7 Law Lords has now unequivocally said that Sidaway should not be followed in medical cases where consent is in issue. Allowing the appeal from the Scottish courts by a woman whose baby suffered shoulder dystocia in labour, the Supreme Court held that women have a right to information about ‘any material risk’ in order to make autonomous decisions about how to give birth.’

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No. 5 Chambers, 30th March 2015

Source: www.no5.com

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Mental Capacity Law Newsletter – 39 Essex Chambers

Posted April 2nd, 2015 in deprivation of liberty safeguards, mental health, news, Scotland by sally

Mental Capacity Law Newsletter (PDF)

39 Essex Chambers, March 2015

Source: www.39essex.com

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A New English (Leasehold) Reformation? – Tanfield Chambers

Posted April 2nd, 2015 in landlord & tenant, leases, news, Scotland by sally

‘Last time this column discussed the changes introduced to leasehold tenure in Scotland. Nicola Muir examined the long-term package of reforms designed to bring about the demise of the feudal and leasehold system north of the border. To recap, Scotland is about to implement the changes introduced by the Long Leases (Scotland) Act 2012, which follows the imposition in 1974 of a 20 year limit on the term of any new residential lease and the abolition of the feudal system of property ownership in 2004. In 2000 a limit of 175 years was imposed on the term of commercial leases. The final stage of reforms under the 2012 Act will convert qualifying leases into ownership. ‘

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Tanfield Chambers, 20th March 2015

Source: www.tanfieldchambers.co.uk

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Montgomery (Appellant) v Lanarkshire Health Board (Respondent) – Supreme Court

Montgomery (Appellant) v Lanarkshire Health Board (Respondent) [2015] UKSC 11 (YouTube)

Supreme Court, 11th March 2015

Source: www.youtube.com/user/UKSupremeCourt

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Carlyle (Appellant) v Royal Bank of Scotland (Respondent) (Scotland) – Supreme Court

Carlyle (Appellant) v Royal Bank of Scotland (Respondent) (Scotland) [2015] UKSC 13 (YouTube)

Supreme Court, 11th March 2015

Source: www.youtube.com/user/UKSupremeCourt

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The Insurance Act 2015: practical changes for insurers to consider – OUT-LAW.com

Posted March 25th, 2015 in contracts, disclosure, fraud, insurance, Law Commission, legislation, news, Scotland by sally

‘The 2015 Insurance Act will, subject to an 18-month transition period, introduce what the UK government has described as “the biggest reform to insurance contract law in more than a century”.’

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OUT-LAW.com, March 2015

Source: www.out-law.com

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Mental Capacity Law Newsletter – Thirty Nine Essex Street

Mental Capacity Law Newsletter (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

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Jackson (Appellant) v Murray and another (Respondents) (Scotland) – Supreme Court

Jackson (Appellant) v Murray and another (Respondents) (Scotland) [2015] UKSC 5 (YouTube)

Supreme Court, 18th February 2015

Source: www.youtube.com/user/UKSupremeCourt

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The Supreme Court in the United Kingdom Constitution – Lecture by Lady Hale

The Supreme Court in the United Kingdom Constitution (PDF)

Lecture by Lady Hale

The Bryce Lecture, 5th February 2015

Source: www.supremecourt.uk

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Sustainable Shetland (Appellant) v The Scottish Ministers and another (Respondents) (Scotland) – Supreme Court

Sustainable Shetland (Appellant) v The Scottish Ministers and another (Respondents) (Scotland) [2015] UKSC 4 (YouTube)

Supreme Court, 9th February 2015

Source: www.youtube.com/user/UKSupremeCourt

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Ashley and others v Tesco Stores Ltd and others – WLR Daily

Posted January 20th, 2015 in civil procedure rules, documents, law reports, Scotland, service, time limits by sally

Ashley and others v Tesco Stores Ltd and others [2015] WLR (D) 11

‘The applicable time limit for service outside the jurisdiction of a claim form on a Scottish registered company, at its registered office in Scotland, where the claimant sought to serve the claim form under section 1139(1) of the Companies Act 2006 was six months from the date of issue of the claim form, as laid down by CPR r 7.5(2).’

WLR Daily, 15th January 2015

Source: www.iclr.co.uk

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Greater Glasgow and Clyde Health Board v Doogan and another – WLR Daily

Greater Glasgow and Clyde Health Board v Doogan and another [2014] UKSC 68; [2014] WLR (D) 550

‘The right of conscientious objection under section 4(1) of the Abortion Act 1967 extended to the whole course of medical treatment which brought about the ending of a pregnancy including the medical and nursing care connected with the process, but only in relation to the actual looking after and treatment of the patient rather than the host of ancillary, administrative and managerial tasks associated with it.’

WLR Daily, 17th December 2014

Source: www.iclr.co.uk

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Moohan and another (Appellant) v The Lord Advocate (Respondent) – Supreme Court

Posted December 19th, 2014 in elections, human rights, law reports, prisons, referendums, Scotland by sally

Moohan and another (Appellant) v The Lord Advocate (Respondent) [2014] UKSC 67 (YouTube)

Supreme Court, 17th December 2014

Source: www.youtube.com/user/UKSupremeCourt

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Greater Glasgow Health Board (Appellant) v Doogan and another (Respondents) (Scotland) – Supreme Court

Greater Glasgow Health Board (Appellant) v Doogan and another (Respondents) (Scotland) [2014] UKSC 68 (YouTube)

Supreme Court, 17th December 2014

Source: www.youtube.com/user/UKSupremeCourt

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Moohan and another v Lord Advocate (Advocate General for Scotland intervening) – WLR Daily

Posted December 19th, 2014 in elections, human rights, law reports, prisons, referendums, Scotland by sally

Moohan and another v Lord Advocate (Advocate General for Scotland intervening) [2014] UKSC 67; [2014] WLR (D) 544

‘The blanket ban on convicted prisoners voting in the Scottish independence referendum did not contravene prisoners’ rights under the Convention for the Protection of Human Rights and Fundamental Freedoms or involve any breach of European Union law.’

WLR Daily, 17th December 2014

Source: www.iclr.co.uk

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English laws options ‘due soon’, says Hague – BBC News

Posted November 3rd, 2014 in devolution, news, parliament, referendums, Scotland by sally

‘Options to give English MPs more say over laws affecting England will be set out over the coming weeks, the House of Commons leader William Hague has said.’

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BBC News, 2nd November 2014

Source: www.bbc.co.uk

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