Month: July 2016

Thomas Fairclough: Article 50 and the Royal Prerogative – UK Constitutional Law Association

Posted July 11th, 2016 in constitutional law, EC law, news, referendums, royal prerogative, treaties by sally

‘This piece seeks to address only one question: does Parliament or the Government have the power to decide to withdraw from the European Union in accordance with Article 50 TEU and through the notifying of the European Council of such a decision trigger the two year time limited formal withdrawal negotiations? Nick Barber, Tom Hickman, and Jeff King have argued valiantly that it will be Parliament who has to “pull the Article 50 trigger”. This piece will analyse their arguments and suggest that, contrary to their conclusions, it is the Government, under the Royal Prerogative, that has legal authority to start the Article 50 process.’

Full story

UK Constitutional Law Association, 8th July 2016

Source: www.ukconstitutionallaw.org

FGM: ‘More community funding needed’ to maintain progress – BBC News

Posted July 11th, 2016 in female genital mutilation, local government, news by sally

‘Community groups involved in an initiative to tackle female genital mutilation in England and Wales have warned that future progress could be threatened by a lack of local funding.’

Full story

BBC News, 11th July 2016

Source: www.bbc.co.uk

Man neglected by mental health services gets life sentence for manslaughter – The Guardian

Posted July 11th, 2016 in homicide, mental health, news, sentencing, social services by sally

‘A man who is mentally ill has been sentenced to life with a minimum term of 10 years for killing a retired solicitor after their cars were involved in a minor collision.’

Full story

The Guardian, 8th July 2016

Source: www.guardian.co.uk

Jonathan Morgan: A Brexit General Election? – UK Constitutional Law Association

Posted July 11th, 2016 in brexit, constitutional law, EC law, elections, news, referendums, treaties by sally

‘Alea jacta est said Caesar, having crossed the Rubicon and burned his bridges. The Brexit referendum appears equally momentous and irreversible. But is it? There have been calls for Parliament simply to ignore the outcome. A fresh general election should be called to resolve the mounting constitutional crisis.’

Full story

UK Constitutional Law Association, 9th July 2016

Source: www.ukconstitutionallaw.org

Court of Appeal says when it is “reasonable” to remove a child resident for 7 years or more – Free Movement

Posted July 11th, 2016 in children, freedom of movement, immigration, news by sally

‘The issue of when a child should be expected to relocate to another country because of UK immigration laws is an emotive one. In 2012 a new Immigration Rule was introduced stating that a foreign child would be permitted to remain if the child had lived in the UK for at least 7 years AND it was not reasonable to expect the child to relocate. This was paragraph 276ADE(vi) of the Immigration Rules. It was implied that the parents would also be permitted to stay to look after the child.’

Full story

Free Movement, 7th July 2016

Source: www.freemovement.org.uk

Consumers “generally satisfied” with legal services providers, key survey finds – Legal Futures

Posted July 11th, 2016 in competition, legal services, news, statistics by sally

‘There are high levels of consumer satisfaction with legal services, according to a survey commissioned by the Competition and Markets Authority (CMA).’

Full story

Legal Futures, 11th July 2016

Source: www.legalfutures.co.uk

Councils drop term-time holiday legal actions after High Court win – Daily Telegraph

Posted July 11th, 2016 in local government, news, school children, truancy by sally

‘At least ten local councils in England have dropped legal actions against parents accused of taking their children on holiday during school term time, newly-released data shows.’

Full story

Daily Telegraph, 9th July 2016

Source: www.telegraph.co.uk

In full: The letter from 1,000 lawyers to David Cameron over EU Referendum – The Independent

Posted July 11th, 2016 in barristers, brexit, EC law, news, referendums, treaties by sally

‘More than 1,000 lawyers have signed a letter addressed to Prime Minister David Cameron saying the EU referendum result is merely “advisory” and not legally binding.’

Full story

The Independent, 11th July 2016

Source: www.independent.co.uk

Plan to enable prosecution of MoD over training deaths rejected – The Guardian

Posted July 11th, 2016 in armed forces, corporate manslaughter, news, prosecutions by sally

‘The government has rejected a proposed legal change that would have allowed for the Ministry of Defence to be prosecuted for corporate manslaughter over deaths during hazardous training such as the SAS exercise on the Brecon Beacons that claimed the lives of three reservists.’

Full story

The Guardian, 10th July 2016

Source: www.guardian.co.uk

Inside a Sharia council divorce hearing – BBC News

Posted July 11th, 2016 in divorce, islamic law, news by sally

‘”Yasmeenah” is seeking an Islamic divorce from her husband and has turned to a Sharia council in the hope one will be granted by Islamic scholars.

This council at Birmingham Central Mosque is one of an estimated 30 established councils across the UK, often referred to as Sharia “courts”.

The BBC has been given rare access.’

Full story

BBC News, 11th July 2016

Source: www.bbc.co.uk

Drink and drug-drivers who cause fatal crashes should be charged with manslaughter and face life sentences, nine in 10 people think – Daily Telegraph

Posted July 11th, 2016 in alcohol abuse, dangerous driving, drug abuse, homicide, news by sally

‘Drink or drug-drivers who cause fatal crashes should be charged with manslaughter and should face life sentences in prison, nine in 10 people think.’

Full story

Daily Telegraph, 11th July 2016

Source: www.telegraph.co.uk

Children guilty of sexual abuse should not be ‘unnecessarily criminalised’ – The Guardian

Posted July 11th, 2016 in children, news, sexual offences by sally

‘Children and young people should not be “unnecessarily criminalised” for displaying harmful sexual behaviour towards others, an inquiry backed by the charity Barnardo’s has concluded.’

Full story

The Guardian, 11th July 2016

Source: www.guardian.co.uk

Legal services: removing barriers to competition – official-documents.gov.uk

Posted July 8th, 2016 in competition, complaints, consultations, legal services, ombudsmen, public interest by tracey

‘Consultation on proposals to make amendments to the Legal Services Act 2007.’

Full consultation

official-documents.gov.uk, 7th July 2016

Source: www.official-documents.gov.uk

Reform of Judicial Review – official-documents.gov.uk

Posted July 8th, 2016 in consultations, costs, judicial review, press releases, third parties by tracey

‘Following the consultation, the government has set out how it intends for the reforms to be implemented, and is seeking views on one further aspect.’

Full press release

official-documents.gov.uk, 7th July 2016

Source: www.official-documents.gov.uk

EVENT: JUSTICE – Tom Sargant Memorial Lecture 2016

Posted July 8th, 2016 in Forthcoming events by sally

‘JUSTICE’s annual lecture is held in London, generally in mid-October. Each year, we select a high profile speaker – from practice, the judiciary, academia or politics – to lecture on a topical issue.

The 2016 annual lecture will be given by The Rt. Hon. Sir Michael Briggs, Lord Justice of Appeal on Tuesday 18 October 2016, 6.30pm at Shearman & Sterling LLP, 9 Appold St, London EC2A 2AP.

The lecture is open to the general public but JUSTICE members and Friends will be given priority booking.’

Date: 18th October 2016, 6.30-7.30pm

Location: Shearman & Sterling LLP

Charge: Free, registration required

More information can be found here.

BAILII: Recent Decisions

Posted July 8th, 2016 in law reports by sally

Court of Appeal (Civil Division)

Court of Appeal (Criminal Division)

High Court (Administrative Court)

High Court (Chancery Division)

High Court (Commercial Court)

High Court (Family Division)

High Court (Queen’s Bench Division)

High Court (Technology and Construction Court)

Source: www.bailii.org

Court of Appeal: lender entitled to recover full refinancing loan in negligent property valuation case – OUT-LAW.com

Posted July 8th, 2016 in appeals, banking, insurance, loans, negligence, news, surveyors, valuation by sally

‘A lender was entitled to recover the full amount of a refinancing loan it granted after relying on a negligent property valuation, and not just the ‘top-up’ funding, the Court of Appeal has ruled.’

Full story

OUT-LAW.com, 6th July 2016

Source: www.out-law.com

EVENT: JUSTICE – Human Rights Law Conference

Posted July 8th, 2016 in Forthcoming events by sally

‘One of the highlights of the human rights lawyer’s CPD calendar, the JUSTICE Annual Human Rights Conference offers a key opportunity to update your legal knowledge and gain valuable insight into the human rights issues of the year.’

Date: 14th October 2016, 9.30am-5.00pm

Location: Freshfields Bruckhaus Deringer

Charge: See website for details

More information can be found here.

Recent Statutory Instruments – legislation.gov.uk

Posted July 8th, 2016 in legislation by tracey

The Nuclear Decommissioning and Waste Handling (Finance and Fees) (Amendment) Regulations 2016

The Immigration Act 2016 (Transitional Provision) Regulations 2016

The Justices of the Peace Rules 2016

The Civil and Criminal Legal Aid (Financial Eligibility and Contributions) (Amendment) Regulations 2016

The Civil Procedure (Amendment No. 2) Rules 2016

The Office of Communications (Membership) (Modification) Order 2016

The Criminal Procedure (Amendment No. 2) Rules 2016

The Communications (Television Licensing) (Amendment) Regulations 2016

The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016

The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations 2016

The Central Rating List (England) (Amendment) (No. 2) Regulations 2016

The Energy Act 2016 (Commencement No. 1 and Savings Provisions) (Amendment) Regulations 2016

The National Park Authorities (England) (Amendment) Order 2016

Source: www.legislation.gov.uk

EVENT: IALS – Valuing Expertise: Legal, Normative and Social Dimensions (W G Hart Legal Workshop 2016)

Posted July 8th, 2016 in Forthcoming events by sally

‘From expert evidence in the courtroom, to the use of scientific knowledge in the justification for, and framing of, legislation, law and science are inextricably intertwined. Yet the extent to which science is well represented in law has long been doubted by virtue of a ‘clash of cultures’ (Jasanoff 1992). The issue has become more pressing in recent years due to the growth of scientific and technological innovation, which draws into the adjudicative, legislative and policy realms areas of great scientific complexity for which legal expertise, in and of itself, proves insufficient (Vick 2004; Schrama 2011). Such work also highlights the significant barriers and obstacles for regulators understanding other disciplines and the problems that can result. The same dangers confront non-legal disciplinary experts that are drawn into, or whose work is ‘dropped’ in, the legal and political realms.’

Date: 20th-21st September 2016

Location: Institute of Advanced Legal Studies, 17 Russell Square, London WC1B 5DR

Charge: See website for details

More information can be found here.