Krishan Nadesan: Asking the Impossible: Benn, Kinnock and Extending Article 50 – UK Constitutional Law Association

‘Boris Johnson seems caught in an impossible bind. The European Union (Withdrawal) (No. 2) Act – the Benn Act for short – obliges him to seek an extension of Article 50 on 19 October. He can extend, honour the law, but break his promises. He can refuse to extend, honour his promises, but break the law. Or he can resign. The Benn Act appears to trap the Prime Minister between these unpalatable options. Nevertheless, he may be able to escape. For the Act may ask the impossible.’

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UK Constitutional Law Association, 1st October 2019

Source: ukconstitutionallaw.org

Court has no power to require Cafcass to undertake work with non-subject child, judge rules – Local Government Lawyer

‘A court has no power to require Cafcass to appoint one of its officers, whether a children’s guardian or otherwise, to undertake any work with or play any role with a non-subject child, a High Court judge has concluded.’

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Local Government Lawyer, 1st Octoer 2019

Source: www.localgovernmentlawyer.co.uk

The Sun breached guidelines with Harry and Meghan story – The Guardian

Posted October 2nd, 2019 in complaints, media, news, parking, royal family by sally

‘The Sun newspaper has apologised to the Duke and Duchess of Sussex after the press regulator ruled it had breached accuracy guidelines in an article about an alleged staff parking ban at their home.’

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The Guardian, 30th September 2019

Source: www.theguardian.com

Theodore Konstadinides, Noreen O’Meara and Riccardo Sallustio: The UK Supreme Court’s Judgment in Miller/Cherry: Reflections on Its Context and Implications – UK Constitutional Law Association

‘On 24 September, the UK Supreme Court unanimously ruled that the Prime Minister’s advice to prorogue Parliament was unlawful, and that the resulting Order in Council and subsequent prorogation were ‘null, void and of no effect’. The litigation on the justiciability of prorogation and the lawfulness of the Prime Ministerial advice has led to one of the most engaging constitutional cases of recent times. As observers at the High Court and Supreme Court hearings, this post considers the context of the ruling, and certain striking implications of the judgment for the current and future Prime Ministers.’

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UK Constitutional Law Association, 2nd October 2019

Source: ukconstitutionallaw.org

BAILII: Recent Decisions

Posted October 2nd, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Lloyd v Google LLC [2019] EWCA Civ 1599 (02 October 2019)

Mazhar v The Lord Chancellor [2019] EWCA Civ 1558 (02 October 2019)

High Court (Chancery Division)

High Commissioner for Pakistan In the United Kingdom v Prince Muffakham Jah & Ors [2019] EWHC 2551 (Ch) (02 October 2019)

High Court (Commercial Court)

Bilgent Shipping PTE Ltd & Anor v ADM International Sarl & Oldendorff Carriers GmbH & Co KG [2019] EWHC 2522 (Comm) (02 October 2019)

Natixis SA v Marex Financial & Ors [2019] EWHC 2549 (Comm) (02 October 2019)

Panasonic Europe BV v Core Communication Investments Ltd [2019] EWHC 2520 (Comm) (01 October 2019)

Source: www.bailii.org

Neuberger: expert witnesses can learn from Supreme Court – Litigation Futures

Posted October 2nd, 2019 in expert witnesses, judiciary, news, Supreme Court by sally

‘Lord Neuberger, former president of the Supreme Court, has told expert witnesses that they can learn from the “impartial” way the court handled the Brexit case.’

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Litigation Futures, 2nd October 2019

Source: www.litigationfutures.com

In Court – Stephen Sedley – London Review of Books

Posted October 2nd, 2019 in brexit, constitutional law, Crown, news, parliament, prorogation by sally

‘For at least four centuries the courts have contested the claims of monarchs to untrammelled authority. ‘The king,’ Chief Justice Coke said in 1611, ‘hath no prerogative but what the law of the land allows him.’ Although the historic settlement of 1688-89, which gave us today’s constitutional monarchy, left in existence a wide swathe of prerogative powers, these have become subject to two governing principles. One is that they cannot be enlarged. The other is that both their constitutional extent and their lawful use are subject to judicial review. If the rule of law is to mean anything, it has to mean this.’

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London Review of Books, 10th October 2019

Source: www.lrb.co.uk

‘Matter of time’: lawyers optimistic about enforcing foreign judgments – Law Society’s Gazette

Posted October 2nd, 2019 in enforcement, foreign jurisdictions, judgments, news, treaties by sally

‘Lawyers are optimistic about the success of a new international convention designed to make the enforcement of court judgments easier across jurisdictions.’

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Law Society's Gazette, 1st October 2019

Source: www.lawgazette.co.uk

Anurag Deb: A Constitution of Principles: From Miller to Minerva Mills – UK Constitutional Law Assocation

‘In a succinct and surprisingly unanimous judgment in Miller and Cherry [2019] UKSC 41 the UK Supreme Court delivered an unprecedented rebuke to the Prime Minister in deciding that he had not shown “any reason – let alone a good reason” to advise the Queen to prorogue Parliament, ruling that the prorogation was unlawful, void and of no effect. While the Court was anxious (and perhaps over-eager) to stress that the judgment was a “one-off”, constitutional lawyers have and will continue to debate the far-reaching effects of the ruling on the UK Constitution for decades to come. One discrete point that will divide commentators is the precise juridical basis for the decision, with eyebrows raised at the repeated appeals by the Court to common law constitutionalism in arriving at its decision. Aiden O’Neill QC, for the Cherry respondents referenced the landmark Marbury v Madison ruling of the US Supreme Court to highlight the significance of Wightman v Brexit Secretary and perhaps remind the Supreme Court of the momentousness of the prorogation appeals before it. Indeed, commentators have made comparisons between the UK Supreme Court and the US Supreme Court in the course of the increasingly fraught recent constitutional cases. While such comparisons may mushroom in the days (and years) to come, I argue that a tellingly apposite comparison in the underlying ratio of Miller and Cherry lies with a constitutional court on the other side of the world: The Supreme Court of India.’

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UK Constitutional Law Association, 1st October 2019

Source: ukconstitutionallaw.org

IICSA Inquiry – Residential Music Schools – Law & Religion UK

Posted October 2nd, 2019 in child abuse, inquiries, news, school children, sexual offences by sally

‘The Independent Inquiry into Child Sexual Abuse (IICSA) is holding a public hearing in the Residential Schools investigation from 30 September – 11 October. The scope of the investigation is here; the hearing will examine child sexual abuse in residential music and special schools, as well as institutional responses and safeguarding procedures. The first week will focus on residential music schools: Chetham’s School of Music; Wells Cathedral School; Yehudi Menuhin School; and Purcell School. These schools were chosen “because of the issues arising from their specialist nature, including one-to-one tuition, an intimate atmosphere and an imbalance of power in teacher/pupil relationships”. Residential special schools will be examined in the second week of the hearing, including Appletree School, Southlands School, Stony Dean, Stanbridge Earls and Royal School Manchester.’

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Law & Religion UK, 30th September 2019

Source: www.lawandreligionuk.com

Scotland Yard to publish long awaited report into disastrous handling of ‘Nick’ case – Daily Telegraph

Posted October 2nd, 2019 in child abuse, news, police, reports, sexual offences by sally

‘Scotland Yard is to publish the long awaited report by Sir Richard Henriques into its disastrous handling of the Operation Midland investigation on Friday, it has confirmed.’

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Daily Telegraph, 1st October 2019

Source: www.telegraph.co.uk

Obscenity judge’s copy of Lady Chatterley’s Lover to stay in UK – The Guardian

‘The copy of Lady Chatterley’s Lover used by the judge in the landmark 1960 obscenity trial is to remain in the UK, after the University of Bristol stepped forward to augment the money raised by a crowdfunding campaign backed by writers including Neil Gaiman and Stephen Fry.’

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The Guardian, 1st October 2019

Source: www.theguardian.com

Case Preview: Edwards v Hugh James Ford Simey (a firm) – UKSC Blog

‘Rory Thomson, a senior associate in the Insurance and Reinsurance Group at CMS, previews the appeal pending in the case of Edwards v Hugh James Ford Simey (a firm). The case concerns the correct approach to the assessment of damages in a claim for loss of chance arising from solicitors’ negligence, and the extent to which a court should admit evidence obtained after the date of settlement of the original claim as part of that assessment. The appeal was heard by the UK Supreme Court on 25 July 2019, and its judgment is currently awaited.’

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UKSC Blog, 30th September 2019

Source: ukscblog.com

Action needed to tackle domestic abuse of over-60s, says Age UK – The Guardian

Posted October 2nd, 2019 in domestic violence, elderly, news, victims by sally

‘More than 200,000 people aged 60 to 74 suffered domestic abuse in England and Wales in one year, according to new figures from Age UK, which warned that the total could be higher due to unrecorded abuse.’

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The Guardian, 2nd October 2019

Source: www.theguardian.com

Rent Repayment Orders, limitation and award periods – Nearly Legal

Posted October 2nd, 2019 in limitations, news, rent, repayment by sally

‘This is worth a quick note from some comments and questions I have received after this post on a Rent Repayment Order (RRO). The issue is about the meaning of the requirement that an application for an RRO is brought within 12 months of a relevant offence.’

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Nearly Legal, 30th September 2019

Source: nearlylegal.co.uk

SRA “wrong” to sanction solicitor for nanny discrimination – Legal Futures

‘The Solicitors Regulation Authority (SRA) was wrong to sanction a senior finance partner at City giant Hogan Lovells for discriminating against his children’s pregnant nanny, a leading regulatory QC has said.’

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Legal Futures, 1st October 2019

Source: www.legalfutures.co.uk

Who decides the length of prison sentences?

Posted October 2nd, 2019 in imprisonment, news, release on licence, sentencing, statistics by sally

‘Serious criminals will face “tougher” jail sentences, the government has said.’

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BBC News, 2nd October 2019

Source: www.bbc.co.uk