‘Focusing on the collective and trade union rights contained in Part 4 of the Employment Rights Act, this article assesses the changes that were eventually introduced against the policy proposals and commitments that preceded them. It begins by sketching the law in force prior to the passing of the Act, employing the concept of the “labour constitution”, which is defined here, in essence, as the body of collective labour laws in force at a given point in time. In a second section, the policy statements of the Labour Party under Keir Starmer’s leadership are reviewed and compared with those of previous Governments of the 21st century. In the third and longest section, the provisions of Part 4 of the Act are analysed and omissions identified. On the basis of the foregoing analysis, the article concludes that the Act makes important changes to the existing law on collective rights but falls short of the Government’s policy commitments in several respects. While the enacted reforms may indeed represent the biggest upgrade to workers’ rights in a generation, they do not alter the fundamental characteristics of the neoliberal labour constitution in force in this country since the 1980s.’

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Industrial Law Journal, 23rd April 2026

Source: doi.org

‘A mother who lost her baby a week after an “unsafe” home birth that went against medical advice was failed by the NHS, an inquest has found.’

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The Guardian, 23rd April 2026

Source: www.theguardian.com

‘Since 2019, numerous reports (both official and charity-led) have been published detailing patient care and safety failings in areas of women’s healthcare in hospitals across the UK. A common theme that has emerged from these reports is a sense that the voices of women and people seeking maternity care and/or treatment for female health conditions are frequently dismissed and silenced. While many of the examples detailed in these reports have been appropriately recognized as both individual and systemic failings in patient care, here we apply Miranda Fricker’s epistemic injustice framework to these issues. We argue that testimonial injustice (a form of discriminatory epistemic injustice) forms a core part of the experience of some of these patients’ care resulting in a compounding of their experience of harm. Despite various exhortations within the reports that women should be listened to, the evidence demonstrates that women’s testimonial knowledge is systematically devalued. We thus contend that a fundamental reframing of the issue is required and that understanding how and why epistemic injustice occurs is critical to developing a better understanding of how to avoid it, both in the provision of women’s healthcare and in its regulation.’

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Medical Law Review, 18th April 2026

Source: doi.org

‘Three men have been found guilty of repeatedly raping a woman on Brighton beach in a “cynical, predatory and callous” attack after she became separated from her friends on a night out.’

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The Guardian, 23rd April 2026

Source: www.theguardian.com

‘The law distinguishes between parenthood and the rights and duties necessary to care for a child, called parental responsibility (“PR”). Status and PR have a somewhat complex relationship. However, they are connected for un-married fathers through birth registration (s.4(1)(a) Children Act (“CA”) 1989). So, what are the consequences where a man is erroneously registered as the father? Does he obtain PR? And, what happens once he has been declared not to be the legal father? First instance cases created uncertainty through divergent answers based on policy and technical readings of s.4 CA. Re J; Re M; Re P [2026] EWCA Civ 344 has put the law straight and re-asserted the primacy of the genetic conception of parenthood. A man who had never legally been father cannot, by erroneous registration, obtain PR and nothing more than a declaration of non-parentage under s.55A FLA 1986 is required to confirm this.’

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Journal of Social Welfare and Family Law, 19th April 2026

Source: doi.org

‘Judicial independence matters. There is a clear constitutional value in the principle but recently, in amongst much more fractured politics, the safeguarding of judicial independence is not something to be taken for granted. Recognising the need for judicial independence is central to creating a democratic system of governance and promotes the importance of the role and work of the judiciary as a whole. This article was prompted by the then Shadow Lord Chancellor’s, Robert Jenrick MP, speech at the Conservative Party conference in October 2025. His comments present an opportunity to look at what can be done across party lines to engender more willingness to support judicial independence for broader constitutional benefit.’

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Judicial Review, 22nd April 2026

Source: doi.org

We are saddended to hear about the death of Giles Peaker. Nearly Legal has been a source that we have monitored and reshared many posts from over the years, and we are thankful for all the excellent content.

‘A “callous, calculating sexual predator” who raped and deliberately infected young, vulnerable men with HIV has been jailed for life and told he must serve at least 23 years.’

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The Guardian, 23rd April 2026

Source: www.theguardian.com

‘In what context should breach of duty be assessed where national medical guidance is inconsistent with the Defendant’s local hospital protocol? How do epidemiological studies that underpin publications by Cochrane, RCOG and NICE inform causation where they show that earlier or different intervention improves outcomes?’

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Quarterly Medical Law Review, 22nd April 2026

Source: 1corqmlr.com

‘Ibrahim Hasan looks at recent regulations, introduced after an MP was subject of a complaint to social services, extending the law on the right to erasure.’

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Local Government Lawyer, 23rd April 2026

Source: www.localgovernmentlawyer.co.uk

‘The Supreme Court has today (22 April) ruled on the power of the court to revoke adoption orders, concluding that a first instance court has no jurisdiction to set aside a validly made adoption order, “whether under the inherent jurisdiction or otherwise”.’

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Local Government Lawyer, 22nd April 2026

Source: www.localgovernmentlawyer.co.uk

‘The Court of Appeal has made amendments to its Mazur ruling to make clear that law firms are not at risk of committing a criminal offence through inadequate supervision of unauthorised persons.’

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Legal Futures, 23rd April 2026

Source: www.legalfutures.co.uk

‘The Solicitors Regulation Authority (SRA) should consider commissioning an independent KC to review its approach to prosecuting SLAPPs, a leading media lawyer has argued.’

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Legal Futures, 23rd April 2026

Source: www.legalfutures.co.uk

‘AI is fast becoming a vital part of how law firms can afford to carry out legal aid work, according to the practice director of the country’s largest legal aid practice.’

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Legal Futures, 23rd April 2026

Source: www.legalfutures.co.uk

‘The Law Commission of England and Wales has announced a new project which will identify opportunities to simplify, modernise and consolidate environmental legislation that applies to agricultural businesses in England.’

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Law Commission, 23rd April 2026

Source: lawcom.gov.uk

‘The Bar Council has published its response to the Civil Justice Council’s (CJC) consultation on using Artificial Intelligence (AI) when preparing court documents.’

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Bar Council, 21st April 2026

Source: www.barcouncil.org.uk

‘Daniel Jukes of Wilberforce Chambers examines a recent case applying a six-year limitation period to Beckmann claims, and why its reasoning may be open to challenge.’

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Pensions Barrister, 23rd April 2026

Source: www.pensionsbarrister.com

‘Thomas Corker, a 17th Century slave trader was a parishioner at the Grade II* church of King Charles the Martyr, Falmouth. A marble plaque and Latin eulogy to Corker, at present in a prominent position in the church, have been the subject of on-going local and national consultation. On 29 October 2024, we summarized the background to the plaque, and the introduction of a brass plaque (now removed), placed underneath the marble memorial without faculty approval. The following year, churchgoers were faced with a 1.2m diameter “blue plaque” which stated “Thomas Corker 1670 – 1700, slave trader memorialised here 1700-2025“.’

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Law & Religion UK, 23rd April 2026

Source: lawandreligionuk.com