David Howarth: On Parliamentary Silence – UK Constitutional Law Association

Posted December 13th, 2016 in constitutional law, EC law, news, parliament, referendums, royal prerogative, treaties by sally

‘One of the most striking aspects of the arguments of counsel in Miller, as Rachel Jones has pointed out, was how much the disagreement between the parties focussed on the meaning of silence. The government’s case boiled down to an assertion that silence on the issue of whether legislation was needed to invoke Article 50 of the Treaty of European Union in a succession of statutes – the European Communities Act 1972, the Referendum Act 1975, the European Union (Amendment) Act 2008, the European Union Act 2011 and the European Union Referendum Act 2015 – should be interpreted as parliament intending that the government was permitted to use the prerogative to invoke Article 50. For example, counsel for the government repeatedly argued that because some of these statutes, especially the 2008 and 2011 Acts, put restrictions on the exercise of the government’s foreign affairs prerogative power, it must follow that those statutes mean that other aspects of the prerogative must have been intended to have been left unfettered. Expressio unius exclusio alterius. On the other side, the applicants argued that parliament’s silence, especially in the 1972 Act, meant that it intended a specific pre-existing rule to apply, namely the rule that ministers could not use the prerogative, and in particular the foreign affairs prerogative, to change the law. They also argued that parliament’s subsequent silence in the other statutes confirmed that original choice.’

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UK Constitutional Law Association, 13th December 2016

Source: www.ukconstitutionallaw.org

Hansard: Official transcript of speeches in Parliament – BBC News

Posted December 13th, 2016 in news, parliament by sally

‘The official edited transcript of what goes on in Parliament is published daily and details both the momentous occasions and the quieter moments in the Commons.’

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BBC News, 12th December 2016

Source: www.bbc.co.uk

Police let 15 rapists off with apology – Daily Telegraph

Posted December 13th, 2016 in cautions, community service, crime, news, rape by sally

‘Fifteen rapists have faced no further justice than being asked to say sorry thanks to a crime resolution strategy designated for “less serious crimes.”‘

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Daily Telegraph, 13th December 2016

Source: www.telegraph.co.uk

BSB welcomes Ministry of Justice review into youth justice – Bar Standards Board

Posted December 13th, 2016 in legal representation, news, reports, young offenders, youth courts by sally

‘The Bar Standards Board (BSB) welcomes the Ministry of Justice’s review into youth justice, led by Charlie Taylor.’

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Bar Standards Board, 12th December 2016

Source: www.barstandardsboard.org.uk

Bar Council on Brexit: UK lawyers could lose “vast amount of work” – Legal Futures

Posted December 13th, 2016 in barristers, EC law, legal profession, news, treaties by sally

‘A “vast amount” of complex and lucrative international commercial work could be lost by UK lawyers if they are denied access to the EU legal services market as a result of Brexit, the Bar Council has warned.’

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Legal Futures, 13th December 2016

Source: www.legalfutures.co.uk

FOI rules should apply regardless of who provides public services, says Denham – OUT-LAW.com

Posted December 13th, 2016 in freedom of information, news, speeches by sally

‘Businesses should be subject to freedom of information (FOI) laws in the UK where they carry out public services on behalf of public bodies, the information commissioner has said.’

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OUT-LAW.com, 12th December 2016

Source: www.out-law.com

Charity bequests shouldn’t have special status, Supreme Court hears – Law Society’s Gazette

Posted December 13th, 2016 in appeals, charities, news, Supreme Court, wills by sally

‘Charities should be treated no differently from any other beneficiary of a will when resolving disputes, seven Supreme Court judges heard today in a long running legal battle over a £468,000 bequest to animal charities. In Ilott v The Blue Cross and Others, the court is considing an appeal by three animal charities case against a Court of Appeal ruling setting aside a will on the grounds that it did not make reasonable provision for the testator’s daughter.’

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Law Society’s Gazette, 12th December 2016

Source: www.lawgazette.co.uk

Hackathon app “will help LGBT people report persecution safely” – Legal Futures

Posted December 13th, 2016 in computer programs, harassment, hate crime, homosexuality, internet, law firms, news, victims by sally

Lesbian, gay, bisexual or transgender (LGBT) people around the world will be able to report incidents of persecution to international lawyers stealthily through everyday social media, after a hackathon backed by some of the largest UK law firms devised an app.

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Legal Futures, 13th December 2016

Source: www.legalfutures.co.uk

FCA to review ‘close relationships’ in mortgage market – The Guardian

Posted December 13th, 2016 in conflict of laws, consumer protection, financial regulation, mortgages, news by sally

‘Britain’s financial watchdog has launched a review of the mortgage market that will probe the “inducements” routinely paid to brokers and other industry players, to see whether consumers are losing out as a result.’

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The Guardian, 12th December 2016

Source: www.guardian.co.uk

Protection of heritage assets not necessarily incompatible with tall buildings, experts say – OUT-LAW.com

Posted December 13th, 2016 in historic buildings, London, news, planning by sally

‘The City of London Corporation’s decision to grant planning permission to the 73-storey 1 Undershaft building has reignited the debate over how best to protect the capital’s heritage assets.’

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OUT-LAW.com, 12th December 2016

Source: www.out-law.com

Stefano Brizzi jailed for PC Gordon Semple’s murder – BBC News

Posted December 13th, 2016 in murder, news, police, sentencing by sally

‘A man who strangled a Metropolitan Police officer before trying to dissolve his body in an acid-filled bath has been jailed for life.’

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BBC News, 12th December 2016

Source: www.bbc.co.uk

Customer wins £90k after shampoo and rinse causes stroke – BBC News

Posted December 13th, 2016 in compensation, news, personal injuries by sally

‘A man has told BBC Radio 5 live that he has received £90,000 in compensation from a hair salon after doctors said his shampoo and rinse gave him a stroke.’

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BBC News, 13th December 2016

Source: www.bbc.co.uk

British couple suspected of trying to join Isis allowed to keep children – The Guardian

Posted December 13th, 2016 in care orders, children, families, news, proscribed organisations, terrorism by sally

‘A British couple have won a legal fight to be reunited with their children after being arrested on suspicion of trying to travel to Syria to join Islamic State.’

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The Guardian, 12th December 2016

Source: www.guardian.co.uk