‘Twins who did not occupy a council flat as their main residence were not entitled to remain there having built up substantial rent arrears, the Court of Appeal has said.’
Local Government Lawyer, 29th March 2017
Source: www.localgovernment.co.uk
‘Miller and others v Secretary of State for Exiting the European Union [2017] UKSC 5 was highly anticipated as perhaps the most signficant constitutional case of this generation, stirring up such strong reactions that the judges of the Divisional Court who initially decided in favour of Ms. Miller were dubbed “Enemies of the People”. Two months after a majority of an 11-member Supreme Court confirmed that prerogative powers could not be used to invoke Article 50, however, the European Union (Notification of Withdrawal) Act 2017 (hereafter referred to as the “Withdrawal Act”) received Royal Assent, conferring power on the Prime Minister to give the notification required to begin the process of the United Kingdom’s withdrawal from the European Union. The passage of the Withdrawal Act fulfilled the constitutional requirements identified in Miller formally, within the purely political timetable set by the Prime Minister at the Conservative Party’s conference and without any additional legal requirements being imposed by way of amendment. This not only sets the stage but also prepares the way for a more permanent sidelining of Parliament as the supreme legislative body in the UK’s constitution as part of the process of leaving the European Union.’
UK Constitutional Law Association, 27th March 2017
Source: www.ukconstitutionallaw.org
‘A law firm that made a mistake when drafting a loan letter on its client’s instructions, and failing to draw critical information to his attention, was not liable to that client when the loan failed. The client would have made a loss on the loan in any event due to his commercial misjudgments, the UK’s highest court has ruled.
OUT-LAW.com, 29th March 2017
Source: www.out-law.com
‘In Willmott–v- Rotherham NHS Foundation Trust (2017) EWCA Civ 181 the Court of Appeal considered whether a Judge’s comment during a clinical negligence trial had the objective appearance of bias or prejudging the evidence.’
Zenith PI Blog, 28th March 2017
Source: www.zenithpi.wordpress.com
‘Contractors could become responsible for accounting for VAT on construction labour services that they purchase under plans put forward for consultation by HM Revenue and Customs (HMRC).’
OUT-LAW.com, 27th March 2017
Source: www.out-law.com
‘Royal Marine Alexander Blackman has spoken of his “profound sense of relief” after his sentence for shooting dead a wounded Taliban fighter in Afghanistan was reduced.’
BBC News, 29th March 2017
Source: www.bbc.co.uk
‘Theresa May will officially trigger Article 50 at 12.30pm today, launching two years of negotiations that will end with Brexit in 2019.’
Daily Telegraph, 29th March 2017
Source: www.telegraph.co.uk
‘The pioneering digital tribunal thought to be the model for England and Wales’s online court (OC) will begin resolving small claims disputes worth under about £3,000 on 1 June, it has emerged.
Legal Futures, 29th March 2017
Source: www.legalfutures.co.uk
‘A proposed “Hillsborough law” requiring police forces and public authorities to be open and truthful in legal proceedings, including about their own failures, and that would give bereaved families the same resources as the police to make their case at future inquests is to be presented to parliament.’
The Guardian, 29th March 2017
Source: www.guardian.co.uk
‘The RSPCA investigated more than 400 allegations of animal cruelty per day last year – a rise of nearly 5% compared to the previous 12 months.’
BBC News, 29th March 2017
Source: www.bbc.co.uk
‘The government already has the power to force technology firms to act as it wants over end-to-end encryption, but is avoiding using existing legislation as it would force it into a battle it would eventually lose, security experts have said.’
The Guardian, 29th March 2017
Source: www.guardian.co.uk
‘The attorney general has been urged to examine the sentencing remarks of a judge who freed a man guilty of domestic abuse because he did not believe the victim was vulnerable.’
The Guardian, 27th March 2017
Source: www.guardian.co.uk
‘The government would certainly prefer a “great” repeal, but they would be wise to make it an ordinary one. Four years ago I published an analysis piece in Public Law (April 2013) about the need to prevent political language in legislation, and especially in relation to statutory titles. In short, I could find little guidance in a host of official Parliamentary and drafting documents that would curtail overtly political statutory language, and especially in the presentational aspects of bills and statutes, such as short titles. When it came down to it, if a minister desired a particular title for their Bill, they could strong-arm drafters into getting their way—although, there could be pushback from House Authorities, such as the Speaker. The most recent version of Erskine May (2011) notes that short titles must “describe the bill in a straightforwardly factual manner. An argumentative title or slogan is not permitted” (p 526). In reality, however, ministers “may for presentational reasons have strong views about the short title and the structure of the bill”, and attempt to assert their authority (Cabinet Office Guide to Making Legislation, 9.71). Indeed, it is this unique convergence of law and policy that makes the process of drafting so interesting.’
UK Constitutional Law Association, 28th March 2017
Source: www.ukconstitutionallaw.org
‘Virtually all law firms serving the insurance industry have lost business in recent years amid “a high level of disruption driven by major changes in the underwriting businesses they support”, new research has found.’
Litigation Futures, 27th March 2017
Source: www.litigationfutures.com
‘The Law Society has launched a new mental capacity accreditation for legal representatives serving the Court of Protection.’
Local Government Lawyer, 27th March 2017
Source: www.localgovernmentlawyer.co.uk
‘The prisons and probation ombudsman has hit out at a “lack of concerted and sustained action” following a rise in the number of suicides among female prisoners.’
The Guardian, 28th March 2017
Source: www.guardian.co.uk
‘The McKenzie Friend Marketplace (MFM), which hopes to help hundreds of law students find paid work offering legal services, has responded to criticism from practitioners by announcing that it will ban active students from providing legal advice – although they will be able to give clients other types of support.’
Legal Futures, 28th March 2017
Source: www.legalfutures.co.uk
‘The Financial Conduct Authority (FCA) did not improperly identify a manager at an investment bank in its final notice imposing a fine on that bank for losses incurred in a particular part of the business, the Supreme Court has ruled.’
OUT-LAW.com, 27th March 2017
Source: www.out-law.com
‘This was an appeal against an order that Canal and River Trust could remove Mr Jones boat from a canal near Bradford on Avon, under its powers under s.8 of the British Waterways Act 1983 and s.13 of the British Waterways Act 1971. Mr J had advanced a defence of breach of article 8 European Convention on Human Rights.’
Nearly Legal, 26th March 2017
Source: www.nearlylegal.co.uk
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