Prorogation: Constitutional Principle and Law, Fact and Causation – Oxford Human Rights Hub

‘The Prime Minister’s recent announcement that Parliament would be prorogued, thereby severely curtailing the opportunity for parliamentary debate, raises important issues of constitutional principle and law, and also issues concerning fact and causation. They are examined in turn.’

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Oxford Human Rights Hub, 31st August 2019

Source: ohrh.law.ox.ac.uk

People Over Wind confirmed by Court in recent Judgment – No. 5 Chambers

Posted September 2nd, 2019 in EC law, environmental protection, news, planning by sally

‘The High Court has recently dismissed a Claimant’s application under section 288 of the 1990 Act in relation to the First Defendant’s Inspector’s decision refusing planning permission following the Court of Justice of the European Union (‘CJEU’)’s Judgment in People Over Wind and Sweetman v Coillte Teoranta [C-323/17], confirming that it is good law.’

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No. 5 Chambers, 7th August 2019

Source: www.no5.com

The 1COR Quarterly Medical Law Review – Summer 2019 – Issue 2 – 1COR

‘Welcome to the second issue of the Quarterly Medical Law Review, brought to you by barristers at 1 Crown Office Row. This quarterly publication aims to provide summaries and comment on recent cases in medical law, including clinical negligence, regulatory, and inquests.’

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1COR, 7th August 2019

Source: www.1cor.com

Playing Hardball with the Queen – Oxford Human Rights Hub

Posted September 2nd, 2019 in bills, brexit, constitutional law, Crown, news, parliament, prerogative powers by sally

‘The idea of constitutional hardball was introduced to the world by Mark Tushnet. The sport is played when political actors decide the stakes are so high that any lawful action is justified, no matter how constitutionally problematic: hardball stays within the confines of the law, but runs against the spirit, and sometimes the conventions, of the constitution.’

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Oxford Human Rights Hub, 31st August 2019

Source: ohrh.law.ox.ac.uk

Batten Disease families get green light for High Court challenge over decision not to provide treatment – Local Government Lawyer

Posted September 2nd, 2019 in health, judicial review, medical treatment, news by sally

‘Four children with the neurodegenerative condition Batten disease have been given permission to bring a judicial review challenge over a decision to not make a potentially life-saving treatment available through the NHS in England.’

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Local Government Lawyer, 30th August 2019

Source: www.localgovernmentlawyer.co.uk

Solicitors rebuked for settlement agreement clauses – Legal Futures

‘Two solicitors who negotiated settlement agreements that sought to prevent others from making complaints to the Solicitors Regulation Authority (SRA) have been rebuked.’

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Legal Futures, 2nd September 2019

Source: www.legalfutures.co.uk

The line between legitimate protest and anti-social behaviour – UK Human Rights Blog

‘Public order cases involving protests have always sparked controversy, with the collision between the state’s responsibility to ensure the smooth running of civil society and the individual citizen’s right to draw attention to what they regard as a pressing moral concern.’

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UK Human Rights Blog, 30th August 2019

Source: ukhumanrightsblog.com

Change of residence – do we listen to children? – Transparency Project

Posted September 2nd, 2019 in children, contact orders, news, residence orders by sally

‘”Change of residence” in the context of a child arrangements order (a reform that was supposed to get rid of the ‘win-lose’ concept of residence and contact before 2014) is quite a cold, technical term to describe a child having to move from one household to another.’

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Transparency Project, 30th August 2019

Source: www.transparencyproject.org.uk

Regulator approves self-exclusion system for problem gamblers – The Guardian

Posted September 2nd, 2019 in electronic commerce, electronic mail, gambling, internet, news by sally

‘A system that allows problem gamblers to block themselves from all UK betting websites in one go has finally been approved by the industry regulator, 18 months after it was supposed to be ready, the Guardian understands.’

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The Guardian, 1st September 2019

Source: www.theguardian.com

Judge refuses “without much enthusiasm” appeal by council over grant of retrospective planning permission – Local Government Lawyer

Posted September 2nd, 2019 in appeals, news, planning, retrospectivity by sally

‘A High Court judge has “without much enthusiasm” refused an appeal by the London Borough of Tower Hamlets against an inspector’s grant of retrospective planning permission to demolish three homes.’

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Local Government Lawyer, 29th August 2019

Source: www.localgovernmentlawyer.co.uk

Judge upholds strike-out of £2.6m ‘RTA portal’ claim – Litigation Futures

Posted September 2nd, 2019 in abuse of process, news, personal injuries, road traffic, striking out by sally

‘A judge has upheld the striking out of a £2.6m personal injury claim which remained in the RTA portal for almost four years before the claimants admitted it should be transferred.’

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Litigation Futures, 2nd September 2019

Source: www.litigationfutures.com

Top law firm criticised for ‘chaining employees to desk’ with 24-hour concierge service – Daily Telegraph

Posted September 2nd, 2019 in employment, flexible working, law firms, news, solicitors, working time by sally

‘A law firm has given its solicitors a concierge service to run their errands, prompting criticism that they are trying to chain staff to their desks.’

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Daily Telegraph, 31st August 2019

Source: www.telegraph.co.uk

Rotherham child sexual abuse: judge calls authorities ‘totally ineffectual’ – The Guardian

‘Five men have been jailed for sexually exploiting teenage girls in Rotherham.’

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The Guardian, 30th August 2019

Source: www.theguardian.com

Modern slavery: Are British victims being failed in the UK? – BBC News

Posted September 2nd, 2019 in drug trafficking, forced labour, homelessness, news, prosecutions, statistics by sally

‘Michael was homeless when he was approached by a couple to sell drugs.’

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BBC News, 2nd September 2019

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted September 2nd, 2019 in law reports by tracey

High Court (Commercial Court) Decisions

Kazakhstan Kagazy Plc & Ors v Zhunus & Ors [2019] EWHC 2319 (Comm) (29 August 2019)

Source: www.bailii.org

Is Speeding a Defence? Motorbikes and Contributory Negligence – Zenith PI Blog

Posted September 2nd, 2019 in contribution, defences, motorcycles, news, personal injuries by sally

‘In the majority of road traffic based personal injury claims, speed is often raised as an allegation of negligence. Witness statements abound with comments that the other driver ‘must’ve been speeding’ and even, my personal favourite, that ‘they sounded like they were speeding’. To what extent though does the speed of the other driver absolve the negligent driver? The High Court has considered this question in a recent case involving a motorcyclist, a side road and bank holiday driving.’

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Zenith PI Blog, 30th August 2019

Source: zenithpi.wordpress.com

Epic jail: inside the UK’s optimised ‘super-prison’ warehouses – The Guardian

Posted September 2nd, 2019 in computer programs, imprisonment, news, prisons, statistics, violence by sally

‘Inmate deaths are up by 20% in the UK, the most incarcerated nation in western Europe. Can prisons designed using virtual reality modelling undo the harm?’

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The Guardian, 2nd September 2019

Source: www.theguardian.com