High Court Rejects Challenge to Inner Temple Development Proposals – Landmark Chambers

Posted July 4th, 2018 in inns of court, judicial review, news, planning by sally

‘The High Court has refused permission to seek judicial review of the Corporation of the City of London’s decision to grant planning permission for the provision of new educational facilities in the Inner Temple Treasury Building. The proposals were particularly controversial, because they entail the loss of the upper gallery of the Inner Temple library. Although constructed after the Second World War, the library is a notable feature of the Treasury Building, and is regarded with strong affection by many who have used it. When granting permission, the Corporation’s planning committee accepted that the loss would cause harm to the Treasury Building, but concluded that this was less than substantial and was outweighed by the benefits of the scheme.’

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Landmark Chambers, 4th July 2018

Source: www.landmarkchambers.co.uk

How much of a groundbreaking decision is the CJEU’s judgment for transgender rights? – Thibault Lechevallier – UK Human Rights Blog

‘Weeks after ruling against certain sexual orientation tests for asylum seekers and finding that EU Member States must recognise the free movement rights of gay spouses, regardless of whether same-sex marriages are solemnised therein, the European Court of Justice (ECJ) held that the UK requirement for transgendered persons to be unmarried in order to qualify for a State pension at the retirement age of their current gender violated EU law.’

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UK Human Rights Blog, 3rd July 2018

Source: ukhumanrightsblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted July 4th, 2018 in legislation by tracey

The Armed Forces (Flexible Working) Act 2018 (Commencement) Regulations 2018

The Child Benefit, Tax Credits and Childcare Payments (Section 67 Immigration Act 2016 Leave) (Amendment) Regulations 2018

The Financial Services and Markets Act 2000 (Prospectus and Markets in Financial Instruments) Regulations 2018

The Non-Road Mobile Machinery (Type-Approval and Emission of Gaseous and Particulate Pollutants) Regulations 2018

The National Health Service (Property Expenses Scheme) (England) Regulations 2018

The National Health Service (Liabilities to Third Parties Scheme) (England) Regulations 2018

The National Health Service (Existing Liabilities Scheme) (England) Regulations 2018

The Offshore Installations (Safety Zones) Order 2018

The Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018

The Airports (Noise-related Operating Restrictions) (England and Wales) Regulations 2018

The Motor Vehicles (Driving Licences) (Amendment) Regulations 2018

The European Union (Withdrawal) Act 2018 (Commencement and Transitional Provisions) Regulations 2018

The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018

The Scotland Act 2016 and Wales Act 2017 (Onshore Petroleum) (Consequential Amendments) Regulations 2018

The Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2018

The Housing and Planning Act 2016 (Commencement No. 9 and Transitional and Saving Provisions) Regulations 2018

The Civil Legal Aid (Procedure, Remuneration and Statutory Charge) (Amendment) Regulations 2018

The Immigration (European Economic Area) (Amendment) Regulations 2018

The Offshore Environmental Civil Sanctions Regulations 2018

Source: www.legislation.gov.uk

Stephen Tierney: The Legislative Supremacy of Government – UK Constitutional Law Association

Posted July 4th, 2018 in bills, brexit, constitutional law, EC law, news, parliament, prerogative powers by sally

‘At the same time as Parliament prepares to ‘take back control’ from Brussels, the executive is in fact accruing to itself further control over the legislative process. In this post I address a number of trends – only some of which are a direct consequence of the unique circumstances of Brexit – which suggest a deeper realignment of institutional power within the constitution and a consequent diminution of Parliament’s legislative power.’

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UK Constitutional Law Association, 3rd July 2018

Source: ukconstitutionallaw.org

Illegal levels of air pollution linked to child’s death – BBC News

Posted July 4th, 2018 in children, inquests, news, pollution, reports by sally

‘A nine-year-old girl’s fatal asthma attack has been linked to illegally high levels of air pollution.’

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BBC News, 3rd July 2018

Source: www.bbc.co.uk

Homelessness and capacity – Nearly Legal

Posted July 4th, 2018 in homelessness, housing, local government, mental health, news, statutory duty by sally

‘In WB v W DC (2018) EWCA Civ 928, the Court of Appeal revisited the question of whether a person without capacity to make choices about their accommodation can make an application for homelessness assistance. The House of Lords in R v Tower Hamlets LBC ex p Ferdous Begum (1993) AC 509 (linked with Garlick, in which it was argued that an application could be made by minors) held that a person had to have capacity to “comprehend or evaluate” an offer of accommodation and could not be treated as a person in priority need. As Lord Griffiths put it, “In my view it is implicit in the provisions of the Act that the duty to make an offer is only owed to those who have the capacity to understand and respond to such an offer and if they accept it to undertake the responsibilities that will be involved.” There is a personal element to this issue – Ferdous Begum and Garlick were cases which first captured my academic interest in homelessness law back in 1992, mainly because the decision seemed wrong discursively (even then) and also because of the real difficulties which occur in practice in the distinction between homelessness and care duties.’

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Nearly Legal, 3rd July 2018

Source: nearlylegal.co.uk

Electoral Commission ‘accuses Vote Leave of breaking law’ – The Guardian

Posted July 4th, 2018 in elections, expenses, news, referendums, reports by sally

‘The elections watchdog has accused Vote Leave of illegal coordination with a student organisation, according to the campaign’s former chief executive, who took the extraordinary step of pre-empting the official investigation.’

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The Guardian, 4th July 2018

Source: www.theguardian.com

Solicitors are now “dairy farmers” of PI market as numbers fall – Legal Futures

‘The number of law firms specialising in personal injury (PI) work has fallen by 10% over the past two years, it has been revealed, with one leading practitioner describing solicitors now as the “dairy farmers” of the market due to their declining influence.’

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Legal Futures, 2nd July 2018

Source: www.legalfutures.co.uk

People risk unjust prison sentences due to lack of court healthcare – The Guardian

Posted July 4th, 2018 in contracting out, courts, detention, health, news by sally

‘Innocent people are at risk of being given unjust prison sentences and suffering physical harm because of a lack of healthcare in courthouses, according to the outgoing head of the independent body charged with monitoring the care and welfare of those brought to court in England and Wales.’

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The Guardian, 4th July 2018

Source: www.theguardian.com