Regulation unlikely to resolve university sexual misconduct case difficulties – OUT-LAW.com

‘The introduction of new regulations or mandating existing guidance is unlikely to address many of the challenges universities face when handling cases concerning serious misconduct, an expert in universities law has said.’

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OUT-LAW.com, 18th September 2019

Source: www.pinsentmasons.com

Jeff King: Miller/Cherry and Remedies for Ultra Vires Delegated Legislation – UK Constitutional Law Association

‘The issue of remedies for any finding that the 2019 prorogation of the UK Parliament is unlawful is presently under discussion in pleadings in the joined appeals of Miller No.2 and Joanna Cherry MP (and others) in the Supreme Court. Essentially, the question concerns what must occur if the minister’s advice is found unlawful, and what is the effect of ‘declaring’ the Order in Council which authorized the prorogation of Parliament to be ultra vires. Does it mean prorogation never legally happened? Should Parliament have been in session all along? How is any summoning or recall to take effect?’

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UK Constitutional Law Association, 19th September 2019

Source: ukconstitutionallaw.org

Recent Statutory Instruments – legislation.gov.uk

Posted September 19th, 2019 in legislation by tracey

The Public Service Vehicles (Registration of Local Services in Enhanced Partnership Areas) (England) Regulations 2019

The Organ Donation (Deemed Consent) Act 2019 (Commencement No. 1) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 19th, 2019 in law reports by tracey

High Court (Chancery Division)

Mousavi-Khalkali v Abrishamchi & Anor [2019] EWHC 2364 (Ch) (18 September 2019)

Source: www.bailii.org

Council hit with £100k fine after exposing workers to Hand Arm Vibration Syndrome – Local Government Lawyer

Posted September 19th, 2019 in employment, fines, health & safety, industrial injuries, local government, news by tracey

‘Dacorum Borough Council has been fined £100,000 for exposing seven grounds maintenance workers to Hand Arm Vibration Syndrome (HAVS), caused by excessive use of power tools.

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Local Government Lawyer, 18th September 2019

Source: www.localgovernmentlawyer.co.uk

Borough council wins appeal over ‘continuing offence’ in HMO case – Local Government Lawyer

Posted September 19th, 2019 in appeals, housing, local government, news, time limits by tracey

‘A ‘continuing’ offence is not time-barred from prosecution by when it was first noted, the High Court has said in an appeal brought by Luton Borough Council.’

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Local Government Lawyer, 19th September 2019

Source: www.localgovernmentlawyer.co.uk

Cut-off between budgeted and incurred costs to be clarified – Litigation Futures

Posted September 19th, 2019 in budgets, civil procedure rules, costs, drafting, news, practice directions by tracey

‘A change to the CPR coming into force on 1 October should provide clearer guidance on the cut-off between budgeted and incurred costs, it has been argued.’

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Litigation Futures, 19th September 2019

Source: www.litigationfutures.com

Open justice ‘victory’ revisited – Family Law

‘Laws governing the release of court material to non-parties in civil cases post Cape Intermediate are clear, but has the decision moved transparency laws forward for family proceedings? David Burrows reports.’

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Family Law, 19th September 2019

Source: www.familylaw.co.uk

Home Office ‘doomed to repeat the mistakes of Windrush’ – The Guardian

Posted September 19th, 2019 in asylum, burden of proof, government departments, immigration, news, statistics, torture by tracey

‘The mistakes made by the Home Office over the Windrush scandal are doomed to be repeated unless the department completely overhauls its systems, according to a report about its approach to processing immigration applications.’

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The Guardian, 18th September 2019

Source: www.theguardian.com

BBC presenters told to pay tens of thousands in back taxes as judge rules against them – Daily Telegraph

Posted September 19th, 2019 in BBC, contract of employment, HM Revenue & Customs, news, self-employment, taxation by tracey

‘Three BBC news presenters have been told to pay hundreds of thousands of pounds in back taxes, despite the High Court finding that the corporation forced them into the wrong contracts.’

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Daily Telegraph, 18th September 2019

Source: www.telegraph.co.uk

Jason Lawrance appeals against vasectomy lie rape convictions – BBC News

Posted September 19th, 2019 in appeals, consent, deceit, news, pregnancy, rape, sexual offences by tracey

‘A man found guilty of rape after lying about having had a vasectomy is appealing against the convictions.’

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BBC News, 19th September 2019

Source: www.bbc.co.uk

Pensioner cleared of ‘mercy killing’ murder of terminally-ill husband – The Independent

Posted September 19th, 2019 in assisted suicide, elderly, married persons, murder, news, suicide by tracey

‘A pensioner has been cleared of the “mercy killing” murder of her terminally ill husband, who died after they both took an overdose last year.’

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The Independent, 18th September 2019

Source: www.independent.co.uk

Watchdog threatens to refer JD Sports takeover – BBC News

Posted September 19th, 2019 in competition, consumer protection, news, ombudsmen by tracey

‘JD Sports’ takeover of Footasylum is facing greater scrutiny after the competition watchdog warned it could result in “a worse shopping experience for customers”. The Competition and Markets Authority will refer the £90m deal to a “phase 2” investigation, which means it will take a more in-depth look at the tie-up.’

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BBC News, 19th September 2019

Source: www.bbc.co.uk