Tom Hickman: Public Law’s Disgrace: Part 2 – UK Constitutional Law Association

Posted October 26th, 2017 in costs, employment tribunals, fees, judicial review, news by sally

‘The issue of access to justice, and specifically the cost of litigation as a bar to accessing justice, is rightly becoming a major constitutional issue in the UK.’

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UK Constitutional Law Association, 26th October 2017

Source: ukconstitutionallaw.org

Autonomous and Electric Vehicles Bill – new UK proposals to promote AVs – Technology Law Blog

‘The UK Government has proposed new legislation to support the development and take-up of autonomous and electric vehicles.’

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Technology Law Blog, 24th October 2017

Source: www.technology-law-blog.co.uk

Alison Young: Benkharbouche and the Future of Disapplication – UK Constitutional Law Association

Posted October 26th, 2017 in bills, conflict of laws, EC law, jurisdiction, news, Supreme Court, working time by sally

‘Last week, Lord Sumption delivered the majority decision of the Supreme Court on Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: Secretary of State for Foreign and Commonwealth Affairs and Libya v Janah. The case would have been heard in December of last year, but for the small matter of Miller, which caused the hearing to be moved to June of this year. Brexit and Miller, however, do not only seem to have affected the timing of the hearing. They have also affected its importance. What might have been originally anticipated as a potentially defining moment – where the Supreme Court confirmed that the EU’s Charter of Fundamental Rights and Freedoms could be used as a stand-alone cause of action to disapply primary legislation and explained how this could be achieved – was translated into an almost blasé statement by the court that ‘a conflict between EU law and English domestic law must be resolved in favour of the former, with the latter being disapplied; whereas the remedy in the case of inconsistency with Article 6 of the Human Rights Convention is a declaration of incompatibility.’ What might once have seemed controversial has become run of the mill. What has led to the casual acceptance of ‘disapplication’ of a UK statute; and what will happen to disapplication – and the Charter – post-Brexit?’

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UK Constitutional Law Association, 24th October 2017

Source: ukconstitutionallaw.org

Covert Recording : A hot potato lob by the Court of Appeal – Transparency Project

Posted October 26th, 2017 in children, evidence, families, family courts, news, social services by sally

‘The Court of Appeal delivered judgment in Re B (A Child) [2017] EWCA Civ 1579 last week. In it they consider (but do not resolve) the question of how the Family Court should deal with evidence obtained by covert recording. Whilst it took the Court of Appeal almost a year from the hearing of the appeal to the delivery of judgment (see our post about the appeal hearing itself here), this particular potato remains red hot. The topic of recording – covertly or overtly, of social workers or children or otherwise – is discussed daily on private groups on Facebook, openly on other social media platforms – and, from time to time, in judgments of the Family Court and by lawyers.’

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Transparency Project, 24th October 2017

Source: www.transparencyproject.org.uk

Lidington confirms rise in small claims limit for personal injury cases – Legal Futures

Posted October 26th, 2017 in accidents, news, personal injuries, road traffic, small claims by sally

‘The small claims limit for RTA cases will rise to £5,000 – as they are not cases where people should usually need a lawyer – and the limit for other personal injury cases to £2,000, the justice secretary, David Lidington, confirmed today. But he could not say when.’

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Legal Futures, 25th October 2017

Source: www.legalfutures.co.uk

Workplace bullying and the law – OUP Blog

Posted October 26th, 2017 in bullying, employment, news by sally

‘Is the law able to offer any assistance to victims of workplace bullying? Let me recite an example, which is all too commonplace.’

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OUP Blog, 25th October 2017

Source: blog.oup.com

Why, 50 years after the Abortion Act, it’s time to abolish the law altogether – The Guardian

Posted October 26th, 2017 in abortion, bills, news by sally

‘Half a century after abortions were legalised, women seeking terminations are still being stigmatised. It’s time to take abortion out of the criminal code and regulate it like any other healthcare measure.’

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The Guardian, 25th October 2017

Source: www.theguardian.com

‘Battle of the dictionaries’ ends in victory for casino as court rules star poker player cheated to win £7.7m – Daily Telegraph

Posted October 26th, 2017 in gambling, news, Supreme Court by sally

‘It’s a case that has been dubbed the Battle of the Dictionaries.

A casino and a punter’s long legal wrangle over the definition of “to cheat” ended in the Supreme Court yesterday as victory was awarded to the gambling firm.’

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Daily Telegraph, 25th October 2017

Source: www.telegraph.co.uk

Should children be heard in court? – Family Law

Posted October 26th, 2017 in children, family courts, news by sally

‘Politicians, campaigners and lawyers have long considered the extent to which children should be directly involved in Children Act proceedings.’

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Family Law, 25th October 2017

Source: www.familylaw.co.uk

Young offenders ‘should have social media monitored’ – BBC News

Posted October 26th, 2017 in crime prevention, internet, news, probation, young persons by sally

‘Young people at risk of being involved in crime should have their social media profiles monitored by youth workers, a probation watchdog report has said.’

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BBC News, 26th October 2017

Source: www.bbc.co.uk

Sexual predator is jailed for 28 years for raping two women – The Guardian

Posted October 26th, 2017 in child abuse, news, rape, sentencing by sally

‘A “manipulative and deceitful” sexual predator has been handed a 28-year extended sentence for raping two women and having sex with a 14-year-old girl.’

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The Guardian, 25th October 2017

Source: www.theguardian.com