Court of Appeal delivers landmark ruling in ‘state detention’ inquest case – Local Government Lawyer

‘A woman with a learning disability who died whilst in the intensive care unit of a hospital was not in ‘state detention’, the Court of Appeal has ruled.’

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Local Government Lawyer, 27th January 2017

Source: www.localgovernmentlawyer.co.uk

Pavlos Eleftheriadis: The Systematic Constitution – UK Constitutional Law Association

Posted January 30th, 2017 in constitutional law, EC law, news, repeals, Supreme Court, treaties by sally

‘The Supreme Court judgment in Gina Miller is not merely an affirmation of what the High Court said. The eight member majority confirmed the earlier decision, but also took the opportunity to restate a fundamental principle, which had been left implicit by the court below. The High Court said that the substantive rights arising out of EU law and the European Communities Act 1972, in employment, environment, consumer protection, competition or free movement, could not be abolished merely by the exercise of the royal prerogative. This was a standard interpretation of existing law, adapted for the context of Article 50. The Supreme Court accepted that this was correct, but added one additional reason.’

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UK Constitutional Law Association, 30th January 2017

Source: www.ukconstitutionallaw.org

Secret files on battle of Orgreave could be published within weeks – The Guardian

Posted January 30th, 2017 in archives, documents, industrial action, news, select committees by sally

‘Home Office files that have been classified for more than 30 years and could help unlock the truth about the battle of Orgreave could be published within weeks, the government has revealed.’

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The Guardian, 27th January 2017

Source: www.guardian.co.uk

Pedestrian v Car: RTA Case Summary – Zenith PI Blog

Posted January 30th, 2017 in alcohol abuse, careless driving, negligence, news, personal injuries by sally

‘The driver of a car, who was not distracted and was driving at only 20mph, was negligent in failing to see a pedestrian who, in drink, walked out into the road in front of her car.’

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Zenith PI Blog, 26th January 2017

Source: www.zenithpi.wordpress.com

Council defeats challenge over decision not to take enforcement action at quarry – Local Government Lawyer

‘Cornwall Council has successfully defended a High Court challenge to its decision not to take enforcement action in respect of unauthorised development at a quarry in the Cornwall Area of Outstanding Natural Beauty.’

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Local Government Lawyer, 27th January 2017

Source: www.localgovernmentlawyer.co.uk

English Heritage faces High Court battle over plans to dig underneath medieval tower to add visitor centre – Daily Telegraph

Posted January 30th, 2017 in judicial review, listed buildings, local government, news, planning by sally

‘English Heritage is facing a High Court battle over plans to dig underneath a medieval tower to add a visitor centre.’

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Daily Telegraph, 28th January 2017

Source: www.telegraph.co.uk

Drunken girl gang jailed after posting sex attack of amateur footballer on Snapchat – Daily Telegraph

‘A drunken gang of girls who took Snapchat photos and videos of a “ritualised humiliation” sex attack on an amateur footballer has been jailed.’

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Daily Telegraph, 27th January 2017

Source: www.telegraph.co.uk

CPS accused of failing domestic violence victims after woman loses eye in attack – The Guardian

‘A woman who was left permanently blind in one eye by her violent fiance has criticised the Crown Prosecution Service after her case was initially dropped despite “overwhelming evidence” of the cause of her injuries.’

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The Guardian, 27th January 2017

Source: www.guardian.co.uk

‘Solicitor’s agents’ yet again – no rights of audience? – Nearly Legal

‘What is more, there is updated guidance from the Bar Council to ‘unregistered barristers acting as solicitor’s agents’ (ie, barristers who have been called, even passed the BPTC, but do not have pupillage or have qualified). The effect of which is that “many individuals currently exercising rights of audience in reliance on this provision (Sch 3 Legal Services Act 2007) are at risk of contravening the Act”. Which is a potentially criminal offence.’

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Nearly Legal, 29th January 2017

Source: www.nearlylegal.co.uk

Government facing legal action over failure to fight climate change – The Independent

‘The Government is facing legal action over its failure to come up with a plan to dramatically reduce the use of fossil fuels in order to meet the UK’s international commitments in the fight against climate change.’

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The Independent, 28th January 2017

Source: www.independent.co.uk

Bath tipper truck crash: haulage company owner and mechanic jailed – The Guardian

Posted January 30th, 2017 in health & safety, homicide, news, road traffic, sentencing by sally

‘The owner of a haulage company and a mechanic have been jailed after a 32-tonne truck with faulty brakes killed four people, including a four-year-old girl, when it careered down a steep hill in Bath.’

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The Guardian, 27th January 2017

Source: www.guardian.co.uk

IPCC investigates police officer’s comments to black DJ he pulled over – The Guardian

Posted January 30th, 2017 in London, news, police, race discrimination by sally

‘The police watchdog has launched an investigation after an officer pulled over a DJ driving a Bentley in central London and told him that black people driving in “gangster-style clothing” are more likely to be stopped.’

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The Guardian, 27th January 2017

Source: www.guardian.co.uk

‘Hidey hole’ paedophile case reviewed by police watchdog – BBC News

Posted January 30th, 2017 in children, false imprisonment, news, police, sexual grooming, sexual offences by sally

‘Claims authorities missed chances to stop a violent paedophile who kept one of his victims inside a “hidey hole” are to be probed by a watchdog.’

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BBC News, 27th January 2017

Source: www.bbc.co.uk

Perception of doors – Nearly Legal

‘The issue in this Upper Tribunal case was whether LB Southwark was entitled charge the leaseholders for works to replace communal doors and front entrance doors carried out during fire safety improvement works on the estate (some 10 block of flats).’

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Nearly Legal, 29th January 2017

Source: www.nearlylegal.co.uk

AI watchdog needed to regulate automated decision-making, say experts – The Guardian

‘An artificial intelligence watchdog should be set up to make sure people are not discriminated against by the automated computer systems making important decisions about their lives, say experts.’

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The Guardian, 27th January 2017

Source: www.guardian.co.uk

Defamation and data protection: hand-in-glove – Panopticon

Posted January 30th, 2017 in data protection, defamation, news, privacy, proportionality by sally

‘Suppose you publish a statement about me to which I object. Can I sue you for both defamation and data protection breaches based on the same set of facts? Or should that sort of ‘doubling up’ be prohibited as a disproportionate attempt to achieve the same objective in different ways?’

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Panopticon, 27th January 2017

Source: www.panopticonblog.com

Schools relax term time holiday rules as one father’s case goes to the Supreme Court – Daily Telegraph

Posted January 30th, 2017 in appeals, education, fines, holidays, local government, news, school children, Supreme Court by sally

‘Term-time holidays are now being allowed by schools in many parts of the country after councils changed their policy fining parents.’

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Daily Telegraph, 30th January 2017

Source: www.telegraph.co.uk

Football fan jailed for pushing man on to Tube track – BBC News

Posted January 30th, 2017 in grievous bodily harm, news, sentencing by sally

‘An England football fan has been jailed for 10 years for pushing a man on to live Tube tracks shortly before a train arrived.’

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BBC News, 27th January 2017

Source: www.bbc.co.uk

Inquiry launched into UK gender laws amid fears over Brexit effect – The Guardian

‘A major review into the UK’s gender discrimination laws is to be launched amid fears a potential post-Brexit move towards a lower regulation economy could see protections eroded.’

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The Guardian, 30th January 2017

Source: www.guardian.co.uk

R (on the application of Miller and another) v Secretary of State for Exiting the European Union – Blackstone Chambers

‘Following one of the most constitutionally significant legal challenges in a generation, the Supreme Court today handed down its judgment in the Article 50 Brexit appeal. By a majority of eight to three, the Justices held that the UK could not trigger Article 50 without an Act of Parliament. The Court also ruled that the UK Government was not compelled to consult the devolved institutions or obtain their approval to withdraw.’

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Blackstone Chambers, 24th January 2017

Source: www.blackstonechambers.com