Recent Statutory Instruments – legislation.gov.uk

Posted July 10th, 2017 in legislation by Verity

The Tribunal Procedure (Amendment) Rules 2017

The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2017

The Pension Schemes Act 2015 (Transitional Provisions and Appropriate Independent Advice) (Amendment) Regulations 2017

The Loans for Mortgage Interest Regulations 2017

The Offshore Installations (Safety Zones) (No. 3) Order 2017

The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2017

The Policing and Crime Act 2017 (Commencement No. 3 and Transitional and Saving Provisions) Regulations 2017

Source: www.legislation.gov.uk

Grenfell Tower— a different perspective – New Law Journal

‘Theo Huckle QC compares & contrasts the public safety policy agendas of administrations in Westminster & Wales.’

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New Law Journal, 7th July 2017

Source: www.newlawjournal.co.uk

BAILII: Recent Decisions

Posted July 10th, 2017 in law reports by sally

Court of Appeal (Criminal Division)

High Court (Administrative Court)

High Court (Commercial Court)

High Court (Family Division)

Source: www.bailii.org

Why We Should Oppose Gender Identity Fraud Prosecutions – Legal Voice

‘Following the conviction of Gayle Newland for tricking a female friend into having sex by pretending to be a man, Alex Sharpe looks at why such prosecutions are wrong.’

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Legal Voice, 10th July 2017

Source: www.legalvoice.org.uk

Cardiff imam jailed for 13 years for abusing girls at Qur’an lessons – The Guardian

‘An imam who sexually touched four young girls during Qur’an lessons at a mosque has been jailed for 13 years.’

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The Guardian, 7th July 2017

Source: www.theguardian.com

Civil way – New Law Journal

‘Before I embark on this little tale, let me put you straight. So long as they act in good faith, as they always do, judges incur no liability for erroneous decisions. So that’s alright, then. And the Crown has no liability for anything done by any person discharging judicial responsibilities? Not quite, as highlighted by LL v The Lord Chancellor [2017] EWCA Civ 237, [2017] All ER (D) 123 (Apr). If a court orders a person to be arrested or detained in contravention of Art 5 of the European Convention on Human Rights then that person is entitled to damages in a claim against the Crown (ss 7(1) and 9 of the Human Rights Act 1998) and proceedings would have to be brought against the Lord Chancellor (as if he didn’t have enough to worry about already). Detention will be unlawful if the court acted without jurisdiction (which is why judges should take the Green Book with them wherever they go) or where there was a gross and obvious irregularity in the court’s procedure or a flagrant denial of justice.’

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New Law Journal, 7th July 2017

Source: www.newlawjournal.co.uk

UK arms sales to Saudi Arabia ruled lawful – BBC News

Posted July 10th, 2017 in evidence, export controls, news, Saudi Arabia, war, weapons by sally

‘UK government arms sales to Saudi Arabia are lawful, the High Court has ruled, after seeing secret evidence.’

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BBC News, 10th July 2017

Source: www.bbc.co.uk

Grenfell Tower inquiry aims for first public hearings in September – The Guardian

Posted July 10th, 2017 in housing, inquiries, judges, local government, London, news by sally

‘The Grenfell Tower fire inquiry hopes to hold its first public hearings into the cause of the disaster in September as it prepares to seize council planning archives.’

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The Guardian, 7th July 2017

Source: www.theguardian.com

Major boost for claimants with Court of Appeal QOCS ruling – Litigation Futures

‘Qualified one-way costs shifting (QOCS) does apply for the benefit of a paralysed lorry driver who had his claim struck out against the Motor Insurance Bureau (MIB), the Court of Appeal has ruled, overturning the High Court.’

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Litigation Futures, 10th July 2017

Source: www.litigationfutures.com

Spending on Online Court “should be halted”, says leading academic – Legal Futures

Posted July 10th, 2017 in courts, dispute resolution, internet, news by sally

‘No further public money should be spent on the Online Court until the performance of the newly-expanded online tribunal in British Columbia – which went live for small claims last month – has been assessed, according to veteran justice campaigner Professor Roger Smith.’

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Legal Futures, 7th July 2017

Source: www.legalfutures.co.uk

RSPCA seeks new powers to seize ‘suffering’ animals – BBC News

Posted July 10th, 2017 in animals, charities, news, powers of entry, warrants by sally

‘The RSPCA is seeking new powers in England and Wales to search some private property, including sheds and gardens, without a police warrant.’

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BBC News, 8th July 2017

Source: www.bbc.co.uk

Injunction halts ‘fake news’ campaign against UK businessman – The Guardian

Posted July 10th, 2017 in defamation, injunctions, internet, news, precedent by sally

‘Lawyers have tackled an online “fake news” campaign against a British businessman by serving an injunction against “persons unknown” in what is believed to set a legal precedent.’

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The Guardian, 9th July 2017

Source: www.theguardian.com

Implementation of ECHR judgments – have we reached a crisis point?- Lucy Moxham – UK Human Rights Blog

‘Last month, the Bingham Centre for the Rule of Law and Leicester Law School convened a public event that asked an expert panel to consider these issues. Speakers included Merris Amos (Queen Mary University London); Dr Ed Bates (Leicester Law School); Eleanor Hourigan (Deputy Permanent Representative, UK Delegation to the Council of Europe); Nuala Mole (The AIRE Centre); and Prof Philip Leach (EHRAC, Middlesex University London and the European Implementation Network). Murray Hunt (Legal Adviser to the UK Joint Committee on Human Rights and incoming Director of the Bingham Centre) chaired the event.’

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UK Human Rights Blog, 7th July 2017

Source: ukhumanrightsblog.com

Appeal court confirms scope of presumption in favour of sustainable development – OUT-LAW.com

Posted July 10th, 2017 in appeals, housing, interpretation, judgments, news, planning by sally

‘The Court of Appeal has confirmed that the presumption in favour of sustainable development, as set out in paragraph 14 of the National Planning Policy Framework (NPPF), should only be treated as a material consideration by a planning inspector in the limited circumstances set out in that paragraph and not in any other circumstances.’

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OUT-LAW.com, 7th July 2017

Source: www.out-law.com

Workers in the gig economy should get sick leave and holidays, landmark review to recommend – Daily Telegraph

Posted July 10th, 2017 in employment, holiday pay, news, sick leave by sally

‘Sick leave and paid holidays will be extended to temporary workers in the “gig economy” under plans unveiled in a landmark review commissioned by Theresa May.’

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Daily Telegraph, 9th July 2017

Source: www.telegraph.co.uk

May’s deal with DUP faces legal challenge from crowdfunding campaign – The Guardian

‘A crowdfunding campaign has been launched to raise funds for a potential legal challenge to Theresa May’s parliamentary deal with the Democratic Unionist party, on the grounds that it breaches the Good Friday agreement.’

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The Guardian, 9th July 2017

Source: www.theguardian.com

UK court to rule on Saudi arms exports – BBC News

Posted July 10th, 2017 in export controls, news, Saudi Arabia, United Nations, war, weapons by sally

‘The High Court is to rule later on the legality of UK arms exports to Saudi Arabia.’

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BBC News, 10th July 2017

Source: www.bbc.co.uk