Anurag Deb and Conor McCormick: Lee v Ashers: A Recipe for Jurisdictional Confusion? – UK Constitutional Law Association

‘On 10 October 2018, the UK Supreme Court handed down its judgment in Lee v Ashers Baking Company Ltd [2018] UKSC 49, sparking much debate and commentary. The judgment is legally important for how it conceptualises freedom of expression, and for the surprising evidence of judicial overreaching it contains. Given that others have already considered the former issue in some depth (see Chandrachud and Rowbottom on this blog alone), we focus on the latter in this post.’

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UK Constitutional Law Association, 18th October 2018

Source: ukconstitutionallaw.org

‘We are at a pivotal point’: Bar Council adds voice to AGFS anger – Law Society’s Gazette

Posted October 18th, 2018 in advocacy, barristers, fees, news by sally

‘Advocates are ‘seriously questioning’ whether a career at the criminal bar is financially viable, the barristers’ representative body has said, as it warns the government that the situation is fast approaching the point of no return.’

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Law Society's Gazette, 16th October 2018

Source: www.lawgazette.co.uk

MPs call for review of ‘patchwork’ laws on dangerous dogs – Law Society’s Gazette

Posted October 18th, 2018 in dogs, news, select committees by sally

‘A patchwork of dog control laws, including some that date back 150 years, is causing unnecessary confusion about liability, MPs have warned. The House of Commons select committee on environment, food and rural affairs has told the government to consolidate the ‘disparate pieces’ of legislation into a ‘single coherent’ Dog Control Act.’

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Law Society's Gazette, 17th October 2018

Source: www.lawgazette.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 18th, 2018 in legislation by tracey

The Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) (Amendment) (EU Exit) Regulations 2018

The Feed-in Tariffs and Contracts for Difference (Amendment) (EU Exit) Regulations 2018

The Chemical Weapons (Asset-Freezing) and Miscellaneous Amendments Regulations 2018

The Environmental Noise (England) (Amendment) Regulations 2018

The Social Security (Updating of EU References) (Amendment) (Northern Ireland) Regulations 2018

The Social Security (Updating of EU References) (Amendment) Regulations 2018

The Public Lending Right Scheme 1982 (Amendment) (EU Exit) Regulations 2018

The Pensions Act 2004 (Code of Practice) (Authorisation and Supervision of Master Trusts) Appointed Day Order 2018

Source: www.legislation.gov.uk

High Court rejects “increasingly bizarre” claims against barrister arbitrator – Litigation Futures

Posted October 18th, 2018 in arbitration, bailment, barristers, news, restraint orders by sally

‘The High Court has rejected as “totally without merit” a set of claims against a barrister arbitrator, including a claim in bailment for gold bullion.’

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Litigation Futures, 17th October 2018

Source: www.litigationfutures.com

Highway Code to promote ‘Dutch reach’ to protect cyclists – The Guardian

Posted October 18th, 2018 in accidents, bicycles, news, road traffic by sally

‘Measures to protect cyclists are to be introduced in the Highway Code, including a new recommendation on how to get out of a vehicle without “dooring” a passing rider.’

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The Guardian, 18th October 2018

Source: www.theguardian.com

UK government reveals transition from EU to UK law for financial instruments – OUT-LAW.com

Posted October 18th, 2018 in brexit, EC law, financial regulation, news by sally

‘The UK’s Financial Conduct Authority (FCA) will be given a set of temporary powers giving it flexibility over the operation of the transparency regime for the EU’s second Markets in Financial Instruments Directive (MiFID II) after Brexit.’

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OUT-LAW.com, 16th October 2018

Source: www.out-law.com

Land Registry aims for first digital property transfer – Legal Futures

Posted October 18th, 2018 in electronic filing, land registration, news, sale of land by sally

‘The Land Registry has set itself the target of completing the first fully digital transfer of a property in the coming year to prove the value of smart contracts.’

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Legal Futures, 17th October 2018

Source: www.legalfutures.co.uk

Munby troubled by Court of Protection cases being ‘transferred up’ – Law Society’s Gazette

Posted October 18th, 2018 in children, Court of Protection, families, family courts, news by sally

‘Desperate parents are persuading less senior judges to transfer Court of Protection cases higher to force public authorities to act – a practice that the former president of the family division finds ‘deeply troubling’.’

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Law Society's Gazette, 16th October 2018

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted October 18th, 2018 in law reports by tracey

Supreme Court

Warner v Scapa Flow Charters (Scotland) [2018] UKSC 52 (17 October 2018)

Court of Appeal (Civil Division)

PML Accounting Ltd, R (On the Application Of) v Revenue And Customs [2018] EWCA Civ 2231 (17 October 2018)

High Court (Chancery Division)

Apple Retail UK Ltd & Ors v Qualcomm (UK) Ltd & Ors [2018] EWHC 2711 (Ch) (16 October 2018)

Quinn v IG Index Ltd [2018] EWHC 2478 (Ch) (12 October 2018)

High Court (Queen’s Bench Division)

Bates v The Post Office No.2 (strike out application) [2018] EWHC 2698 (QB) (17 October 2018)

Source: www.bailii.org

Fracking protesters walk free after court quashes ‘excessive’ sentences – The Guardian

Posted October 18th, 2018 in appeals, demonstrations, environmental protection, news, nuisance, sentencing by sally

‘Three protesters jailed for blocking access to a fracking site have walked free after the court of appeal quashed their sentences, calling them “manifestly excessive”.’

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The Guardian, 17th October 2018

Source: www.theguardian.com

Duty to care for student mental health has legal implications for universities – OUT-LAW.com

‘Universities have a duty to support students with mental health issues, but there are a series of legal issues that they need to consider which should shape how they do so.’

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OUT-LAW.com, 17th October 2018

Source: www.out-law.com

Split Court of Appeal rules detention of asylum seekers unlawful — Part 1 – UK Human Rights Blog

Posted October 18th, 2018 in asylum, detention, EC law, news by sally

‘The Court of Appeal has concluded, by a 2-1 majority, that the detention of five asylum seekers pending their removal to another country where they should first have claimed asylum had been unlawful, and that they were entitled to damages. This article (the first of two) will unpick the reasons behind this legally complex appeal.’

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UK Human Rights Blog, 17th October 2018

Source: ukhumanrightsblog.com

Short Cuts – London Review of Books

Posted October 18th, 2018 in appeals, budgets, criminal justice, legal aid, magistrates, news, sentencing by sally

‘If you want to appeal against a guilty verdict given by a crown court jury you first have to seek permission from the Court of Appeal. For permission to be granted, a judge has to be satisfied there is an ‘arguable case’ that the conviction was ‘unsafe’. If so, the appeal is heard in full by a panel of three judges. The latest figures show that in 2016-17 the court received 1305 applications for permission to appeal, and dealt with 850, refusing permission to 695 (82 per cent). It heard 215 appeals, and allowed 78 – 36 per cent of those heard.’

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London Review of Books, 11th October 2018

Source: www.lrb.co.uk

Clients “must be told whether legal advice is AI or human” – Legal Futures

Posted October 18th, 2018 in artificial intelligence, legal services, news by sally

‘As legal advice is increasingly driven by artificial intelligence (AI), a mechanism will have to be introduced to inform clients whether they are being advised by a machine or a human lawyer, a top judge has urged.’

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Legal Futures, 18th October 2018

Source: www.legalfutures.co.uk

No retrial for teacher accused of having sex with pupil on plane – The Guardian

Posted October 18th, 2018 in abuse of position of trust, child abuse, news, retrials, sexual offences, teachers by sally

‘A teacher who was accused of having sex with a 16-year-old pupil in a plane toilet as they returned from a school trip will not face a retrial.’

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The Guardian, 17th October 2018

Source: www.theguardian.com

Criminal barristers attack “counterproductive” QC reforms – Legal Futures

Posted October 18th, 2018 in barristers, diversity, news, queen's counsel by sally

‘Proposed changes to the system for appointing QCs are “too onerous” and “potentially counterproductive in addressing issues of diversity”, the Criminal Bar Association (CBA) has warned.’

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Legal Futures, 18th October 2018

Source: www.legalfutures.co.uk

Victims of child sexual abuse detail experiences in online anthology – The Guardian

Posted October 18th, 2018 in child abuse, inquiries, news, sexual offences, victims by sally

‘The Independent Inquiry into Child Sexual Abuse has published an unprecedented online anthology of sexual abuse in institutions, with 125 victims detailing the horrors they experienced in schools, sports clubs, churches and other groups.’

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The Guardian, 16th October 2018

Source: www.theguardian.com

Supreme Court to hear row between TfL and councils over highways – Local Government Lawyer

Posted October 18th, 2018 in local government, London, news, roads, Supreme Court, transport by sally

‘The Supreme Court will next week hear a dispute between two London councils and Transport of London (TfL) over the transfer of highways in the capital.’

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Local Government Lawyer, 18th October 2018

Source: www.localgovernmentlawyer.co.uk

Dating site scam victims lose £2,000 to fraudsters – BBC News

Posted October 18th, 2018 in fraud, internet, news by sally

‘The majority of those tricked in “rom-cons” after meeting people on dating sites lost more than £2,000, research by Barclays suggests.’

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BBC News, 17th October 2018

Source: www.bbc.co.uk