Gambling Control in a Cost-of-Living Crisis: An Analysis of the White Paper High Stakes: Gambling Reform for the Digital Age (2023) – Modern Law Review

Posted July 26th, 2024 in news by sally

‘This article explains the broader stakes of contemporary British gambling reform debates, via an analysis of the White Paper High Stakes: Gambling Reform for the Digital Age (2023). I lay out the context to the White Paper, and I summarise its main proposals, focusing especially on efforts to reduce the harms caused by gambling. I also offer a critical analysis of one particularly significant and contentious proposed reform: mandated affordability checks for online gambling, when losses reach certain thresholds. I suggest that these checks reflect and deepen a shared regulatory, industry, and academic faith in online gambling technologies to resolve social responsibility problems, with wider implications for consumer surveillance and public health.’

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Modern Law Review, 2nd July 2024

Source: onlinelibrary.wiley.com

A Legal Obligation on UK Employers to Conduct Labour Law Due Diligence: A Substantive Proposal – Industrial Law Journal

Posted July 26th, 2024 in news by sally

‘The use of non-financial reporting and due diligence legislation to force companies to address specific adverse effects of their operations has become an increasingly common tool for policymakers in recent years. To date, international legislative activity has mainly focussed on potential breaches of human rights and environmental obligations but has also included aspects of labour law. This article proposes a new law that adapts the concept of corporate due diligence to the field of labour law. The new law uses a reflexive model of legislation which is referred to as Labour Law Due Diligence. The under-resourced system of labour market enforcement in the UK and workers’ reluctance to use litigation to defend their rights means that persistent non-compliance by employers can go unpunished. Employers would be obliged to carry out an annual audit to assess whether they comply with key labour law obligations and make the results public. Non-compliant employers would need to remedy any unlawful practices within a year or face the prospect of enforcement action being taken against them. Through an evaluation of UK legislation which has attempted to force companies to address specific legislative goals through public disclosure of data, the article seeks to address the weaknesses of such legislation by involving stakeholders and introducing robust systems of enforcement.’

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Industrial Law Journal, 24th July 2024

Source: academic.oup.com

Two unsuccessful bites at the legal parenthood cherry – really in the child’s best interests? – Journal of Social Welfare and Family Law

Posted July 26th, 2024 in news by sally

‘This case review considers Theis J’s judgment in Re Z (Surrogacy: Step-parent Adoption) [2024] EWFC 20, in which she refused a step-parent adoption order but made several other orders in relation to contact and the exercise of parental responsibility between the three adults involved. I posit that while the judgment probably represents the best possible outcome all round – especially the best interests of the child at its heart – it does not reflect the lived reality of most surrogacy agreements entered into in this country, or the experiences of those involved. It does, however, indicate that proposed reforms as recommended by the Law Commission of England and Wales and the Scottish Law Commission in 2023 would be welcome, especially as the intention behind them is precisely to protect against breakdowns in surrogacy arrangements such as sadly happened in this case.’

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Journal of Social Welfare and Family Law, 23rd July 2024

Source: www.tandfonline.com

Inga Rublite inquest: hospital missed two chances to treat woman dying in A&E – The Guardian

Posted July 26th, 2024 in news by sally

‘Staff at a hospital in Nottingham missed two opportunities to treat a woman found dying under a coat in a crowded emergency department, a coroner has concluded.’

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The Guardian, 25th July 2024

Source: www.theguardian.com

Air Travel Woes – Law Pod UK

Posted July 26th, 2024 in news by sally

‘A tale of small win against airline leads to big Supreme Court ruling on pre- and post- Brexit compensation. Rosalind English in conversation with David Hart KC.’

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Law Pod UK, 25th July 2024

Source: audioboom.com

Courts place UK’s post-Brexit scheme for EU citizens at risk, experts warn – The Guardian

Posted July 26th, 2024 in news by sally

‘The UK government scheme allowing EU citizens to remain post-Brexit is in danger of being upended, legal experts have warned, after a series of conflicting court rulings over social welfare payments to French and Slovenian citizens and the relative of a Spanish woman living in Britain.’

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The Guardian, 25th July 2024

Source: www.theguardian.com

High Court rejects claim asylum seeker was a child when he entered UK and had his age assessed – Local Government Lawyer

Posted July 26th, 2024 in news by sally

‘No arguable public law error arose when the London Borough of Hounslow assessed a Sudanese asylum seeker as being an adult.’

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Local Government Lawyer, 25th July 2024

Source: www.localgovernmentlawyer.co.uk

‘Sadistic and manipulative’ ex-Spandau Ballet singer guilty of rape – The Guardian

Posted July 26th, 2024 in news by sally

‘A “sadistic and manipulative” former Spandau Ballet singer has been found guilty of rape and sexual assault.’

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The Guardian, 25th July 2024

Source: www.theguardian.com

Assisted dying bill to be introduced into House of Lords – The Guardian

Posted July 26th, 2024 in news by sally

‘Keir Starmer is under pressure to fulfil a promise to allow a parliamentary vote on legalising assisted dying as a bill is to be introduced into the House of Lords on Friday.’

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The Guardian, 26th July 2024

Source: www.theguardian.com

Virgin Media: CA gives no respite – Pensions Barrister

Posted July 26th, 2024 in news by sally

‘Paul Newman KC has written a casenote on today’s decision, in which the CA dismissed the appeal against the judge’s decision that the contracting-out legislation required amendments which only affected future service benefits to be accompanied by written actuarial confirmation.’

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Pensions Barrister, 25th July 2024

Source: www.pensionsbarrister.com

Violence, self-harm and drugs: Shock new figures lay bare crisis facing Britain’s prisons – The Independent

Posted July 26th, 2024 in news by sally

‘Violence and self-harm in Britain’s prisons is soaring while drugs are readily available with almost a quarter of jails overcrowded, grim new data has revealed.’

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The Independent, 25th July 2024

Source: www.independent.co.uk

JSO pair told to expect jail over soup on painting – BBC News

Posted July 26th, 2024 in news by sally

‘Two Just Stop Oil (JSO) activists who threw soup over Vincent van Gogh’s Sunflowers have been found guilty of criminal damage.’

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BBC News, 25th July 2024

Source: www.bbc.co.uk

Upper Tribunal rules on proper application of totality principle to imposition of financial penalties for multiple housing offences – Local Government Lawyer

Posted July 26th, 2024 in news by sally

‘The Upper Tribunal (Lands Chamber) has removed a housing licensing penalty imposed on one member of a married couple and reduced the penalty on the other.’

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Local Government Lawyer, 25th July 2024

Source: www.localgovernmentlawyer.co.uk

Prisoners trapped on indeterminate jail terms not included in Labour government’s sentencing review – The Independent

Posted July 25th, 2024 in news by sally

‘Prisoners facing indefinite sentences will not have their cases addressed as part of the new Labour government’s planned sentencing review, prisons minister Lord Timpson has said.’

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The Independent, 24th July 2024

Source: www.independent.co.uk

Costs of low-value clin neg claims now exceed damages – Legal Futures

Posted July 25th, 2024 in news by sally

‘Claimant costs bills for clinical negligence claims valued up to £25,000 now exceed damages for the first time, according to NHS data.’

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Legal Studies, 25th July 2024

Source: www.legalfutures.co.uk

Albanian man taken from UK psychiatric ward to deportation flight – report – The Guardian

Posted July 25th, 2024 in deportation, detention, immigration, mental health, news, reports by sally

‘An Albanian man who was being held in a secure psychiatric unit was taken directly from his hospital bed to a Home Office deportation flight, a report has revealed.’

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The Guardian, 25th July 2024

Source: www.theguardian.com

Deportation and human rights: the right to respect for private life in MK (Albania) v Minister for Justice and Equality – Legal Studies

Posted July 25th, 2024 in deportation, families, human rights, immigration, news by sally

‘The sovereign power to control the entry and residence of persons in the state, and the corollary power to deport, has long been considered to be a defining feature of statehood. State discretion as to who may remain within the national border is, however, tempered by international and regional human rights obligations, as well as domestic constitutional principles. In this context, it is well established that a deportation will violate Article 8 of the European Convention on Human Rights (ECHR) if it constitutes a disproportionate interference with family and/or private life in the host country.’

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Legal Studies, 1st July 2024

Source: www.cambridge.org

Regulating embryo models in the UK – Journal of Law and the Biosciences

Posted July 25th, 2024 in embryology, genetic testing, human tissue, news by sally

‘One of this century’s most dramatic scientific developments is the reprogramming of stem cells in order to create self-organizing embryo-like entities, known as stem cell based embryo models (SCBEMs). The science is moving very quickly, but if, as increasingly appears to be the case, scientists are capable of creating entities that are effectively indistinguishable from sperm and egg derived embryos, important legal questions arise. In countries like the UK, where a strict regulatory regime applies to research on embryos, should this be extended to SCBEM research, or would a different regulatory response be appropriate? Drawing on the 1984 Warnock Report, the Human Fertilisation and Embryology Act 1990 and the latest guidelines from the International Society for Stem Cell Research, this article considers principles for the regulation of the creation and use of SCBEMs.’

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Journal of Law and the Biosciences, 18th July 2024

Source: academic.oup.com

Compliance risks need to be considered to harness the power of wellness apps – OUT-LAW.com

Posted July 25th, 2024 in computer programs, data protection, health, news, privacy by sally

‘With the rising popularity of wellness apps – including those for tracking menstrual cycle, sleep and physical activity – it has become critical that providers of such technology should consider both legal and regulatory compliance and their ethical obligations, legal experts have said.’

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OUT-LAW.com, 24th July 2024

Source: www.pinsentmasons.com

Remind me about … tPR’s moral hazard powers – Pensions Barrister

Posted July 25th, 2024 in codes of practice, insolvency, news, pensions by sally

‘In the third of this “Remind me about” series, Oliver Hilton of Radcliffe Chambers looks at tPR’s moral hazard powers. The “Remind me about” series is aimed as a training tool and as an update for busy practitioners.’

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Pensions Barrister, 25th July 2024

Source: www.pensionsbarrister.com