When is a Right not a Right? The British Bill of Rights – Oxford Human Rights Hub

Posted July 8th, 2022 in bills, brexit, constitutional law, human rights, news by sally

‘The Bill of Rights Bill, which repeals the Human Rights Act 1998, claims to ‘give effect’ to the rights set out in the European Convention on Human Rights. (Cl. 2). But its core aim is to ‘increase democratic oversight of human rights issues’ (Explanatory Note 2. B. p. 3). This aim is sought in a number of ways, one of the most important being set out in Clause 7.’

Full Story

Oxford Human Rights Hub, 7th July 2022

Source: ohrh.law.ox.ac.uk

Brian Christopher Jones: The emerging ‘Nothing to See Here’ judicial review defences – UK Constitutional Law Association

Posted July 8th, 2022 in constitutional law, judicial review, news by sally

‘The dominant narrative in the discussion over judicial review—and especially in relation to judicial overreach—focuses on major cases, and what can be gleaned from these in terms of doctrine, constitutional principle, and the balance of powers within the UK constitution. But this seems to be changing. There’s an emerging empirical trend (chp 7) in judicial review research that pushes back against this focus, and seeks to understand and portray JR in a wider context than is often presented in more traditional legal scholarship. The mindset of the empirical movement is reflected in a line from a recent Public Law article by Paul Craig, who quips: “I do not mind how many times Evans is cited, it still only counts as one case” (Jan 2022, p 24). That may be true, but there remain significant problems with this mentality when assessing judicial overreach, and though the research is relevant and important, there are reasons to be sceptical about these empirical defences of judicial review.’

Full Story

UK Constitutional Law Association, 7th July 2022

Source: ukconstitutionallaw.org

Prince Harry wins latest stage of Mail on Sunday defamation case – The Independent

Posted July 8th, 2022 in damages, defamation, media, news, royal family by sally

‘A Mail on Sunday article on the Duke of Sussex’s legal claim against the Home Office contained parts that were defamatory, the High Court has ruled.’

Full Story

The Independent, 8th July 2022

Source: www.independent.co.uk

Kettering deaths inquest: Maddie Durdant-Hollamby was unlawfully killed – BBC News

Posted July 8th, 2022 in appeals, domestic violence, inquests, news, suicide, unlawful killing by sally

‘A woman was repeatedly stabbed in the chest by her “jealous” boyfriend who then took his own life, an inquest has heard.’

Full Story

BBC News, 7th July 2022

Source: www.bbc.co.uk

Case Preview: Hillside Parks Limited v Snowdonia National Park Authority – UKSC Blog

Posted July 8th, 2022 in appeals, housing, local government, news, planning, Supreme Court, Wales by sally

‘In this post, Sam Porter, an Associate in the Planning team at CMS, previews the upcoming Supreme Court decision in the case of Hillside Parks Limited v Snowdonia National Park Authority UKSC 2020/0211. The case was heard on 4 July 2022.’

Full Story

UKSC Blog, 7th July 2022

Source: ukscblog.com

Defendant DBAs are unlawful, Court of Appeal rules – Legal Futures

Posted July 8th, 2022 in appeals, damages, fees, news, solicitors by sally

‘An agreement that a defendant will pay their solicitors a percentage of any sums they successfully resist having to pay the claimant is unlawful and unenforceable, the Court of Appeal has ruled.’

Full Story

Legal Futures, 7th July 2022

Source: www.legalfutures.co.uk

Judges allow appeal by council over affordability and non-payment of rent – Local Government Lawyer

‘It was not unlawful for a Royal Borough of Kingston Upon Thames reviewing officer to conclude that an applicant was intentionally homeless because her previous rent had been affordable but had not been paid.’

Full Story

Local Government Lawyer, 7th July 2022

Source: www.localgovernmentlawyer.co.uk

The Bill of Rights Act 2022 and employment law: free speech implications – by Gus Baker – UK Labour Law

‘The “Bill of Rights Bill” (the “Bill”), introduced to Parliament on 22 June this year, has the potential to have significant implications for employment law. Once tribunals and courts accept the Bill’s exhortation to give “great weight” to freedom of speech, the consequences for workplace relations may be profound.’

Full Story

UK Labour Law, 6th July 2022

Source: uklabourlawblog.com

No diplomatic immunity in modern slavery cases, Supreme Court rules – BBC News

‘The UK Supreme Court has ruled that diplomats cannot hide behind immunity to exploit workers, in a victory for campaigners against modern slavery.’

Full Story

BBC News, 7th July 2022

Source: www.bbc.co.uk

Local authority wins appeal over costs order made in private family law proceedings – Local Government Lawyer

Posted July 8th, 2022 in appeals, costs, families, family courts, local government, news, third parties by sally

‘A judge allowed an “impermissible device” designed to provide a public source of funding for the parties’ legal costs in private family law proceedings, the Family Court has ruled.’

Full Story

Local Government Lawyer, 7th July 2022

Source: www.localgovernmentlawyer.co.uk

High Court: Ex-City solicitor failed to return $25m fund to Saudi princess – Legal Futures

Posted July 8th, 2022 in forgery, news, powers of attorney, Saudi Arabia, solicitors by sally

‘A former City solicitor was wrong not to return to a Saudi princess a $25m fund he had been managing for her over several years, the High Court has ruled.’

Full Story

Legal Futures, 8th July 2022

Source: www.legalfutures.co.uk

Rapist Luiz Da Silva Neto jailed for spiking men and sex attacks – BBC News

Posted July 8th, 2022 in drug offences, imprisonment, news, rape, sentencing, sexual offences, victims by sally

‘A “monster” who spiked two men with a drug before raping one and sexually assaulting the other has been jailed for 22 years.’

Full Story

BBC News, 7th July 2022

Source: www.bbc.co.uk

Tech platforms face UK ban on blocking news providers before appeal – The Guardian

Posted July 8th, 2022 in appeals, bills, freedom of expression, internet, media, news by sally

‘Tech platforms will be barred from taking down news content in the UK until an appeal has been heard against the decision, ministers have said.’

Full Story

The Guardian, 7th July 2022

Source: www.theguardian.com

New Judgment: Basfar v Wong [2022] UKSC 20 – UKSC Blog

‘The Appellant (a national of the Philippines) is a migrant domestic worker who worked in the household of the Respondent, a diplomat representing the Kingdom of Saudi Arabia in the United Kingdom. Ms Wong claims to be a victim of human trafficking who was forced to work for Mr Basfar and his family in circumstances of modern slavery after they brought her with them to the UK in August 2016.’

Full Story

UKSC Blog, 6th July 2022

Source: ukscblog.com