Mohamed Moussa: The ‘Absent Word’ Canon and Asymmetrical Sovereignty – UK Constitutional Law Association

‘The UK Supreme Court (UKSC) recently issued its unanimous judgment which found the draft Scottish Independence Referendum Bill to be outside the legislative competence of the Scottish Parliament. While the facts of this case are distinctively different from previous Scottish cases, a common theme remains in the Court’s insistence on ‘ordinary meaning of words’ as its ‘general approach to the interpretation of the Scotland Act’. According to such an approach, the Court prioritises ‘the language carefully chosen by the Parliamentary drafter and enacted by Parliament’ as ‘[t]he best way of ensuring a coherent, stable and workable outcome’. The purpose of this blog post is not to explore the facts of this particular case. Rather, it focuses on the UKSC’s repeated stress of textualism. A similarity is found in the Court’s textual interpretation of Section 28(7), which was understood to affirm the doctrine of parliamentary sovereignty and served as the crux of its previous cases on devolution. The aim of the post is to show the questionable nature of the Court’s textual fidelity and highlight that it runs counter to foundational canons of interpretation. For space constraints, my argument focuses mainly on Section 21 from the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill Reference (UNCRC Incorporation Bill case) after briefly discussing section 17 of the Scottish Legal Continuity Bill.’

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UK Constitutional Law Association, 20th December 2022

Source: ukconstitutionallaw.org

Divisional Court upholds Government’s Rwanda policy – an extended look – UK Human Rights Blog

‘On 14th April of this year, the then-Prime Minister, Boris Johnson, announced a new ‘Migration and Economic Development Partnership’ between the UK Government and the Government of Rwanda to enable the removal of certain persons to who enter the UK to claim asylum (particularly those who arrive in small boats crossing the English Channel) to Rwanda, where – if their claims succeeded – they would be resettled.’

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UK Human Rights Blog, 20th December 2022

Source: ukhumanrightsblog.com

Kaylea Titford: Mother admits manslaughter of obese daughter – BBC News

‘A mother has admitted the manslaughter of her teenage daughter after letting her become morbidly obese.’

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BBC News, 20th December 2022

Source: www.bbc.co.uk

Statutory Instruments – legislation.gov.uk

Posted December 21st, 2022 in legislation by tracey

SI 2022/1377 – The International Development Association (Twentieth Replenishment) Order 2022

SI 2022/1367 – The Plant Health and Trade in Animals and Related Products (Amendment) Regulations 2022

SI 2022/1381 – The Communications Act 2003 (Restrictions on the Advertising of Less Healthy Food) (Effective Date) (Amendment) (No. 2) Regulations 2022

SI 2022/1379 – The Civil Legal Aid (Immigration Interviews (Exceptions) and Remuneration) (Amendment) Regulations 2022

SI 2022/1378 – The Health and Safety and Nuclear (Fees) Regulations 2022

SI 2022/1376 – The Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2022

SI 2022/1374 – The Official Controls (Extension of Transitional Periods) (Amendment) (England) Regulations 2022

SI 2022/1371 – The Allocation of Housing and Homelessness (Eligibility) (England) and Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) (No. 4) Regulations 2022

SI 2022/1370 – The Criminal Legal Aid (General) (Amendment) Regulations 2022

SI 2022/1361 – The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022

SI 2022/1360 – The Parliamentary Works Sponsor Body (Abolition) Regulations 2022

SI 2022/1359 – The Subsidy Control Act 2022 (Commencement) Regulations 2022

SI 2022/1358 – The Judicial Review and Courts Act 2022 (Commencement No. 2) Regulations 2022

SI 2022/1349 – The Skills and Post-16 Education Act 2022 (Commencement No. 2) (England) Regulations 2022

SI 2022/1390 – The Public Contracts (Amendment) Regulations 2022

Source: www.legislation.gov.uk

Shoreham airshow victims were unlawfully killed, coroner rules – The Guardian

Posted December 21st, 2022 in aircraft, coroners, inquests, news, unlawful killing by sally

‘Eleven men who died after a Hawker Hunter aircraft crashed on to a motorway during an aerial display at the 2015 Shoreham airshow in West Sussex were unlawfully killed, a coroner has ruled.’

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The Guardian, 20th December 2022

Source: www.theguardian.com

BAILII: Recent Decisions

Posted December 21st, 2022 in law reports by tracey

Court of Appeal (Civil Division)

Rodgers v Leeds Laser Cutting Ltd [2022] EWCA Civ 1659 (20 December 2022)

S3D Interactive, Inc. v Oovee Ltd (Rev1) [2022] EWCA Civ 1665 (19 December 2022)

A And B (Children : Summary Return : Non-Convention State) [2022] EWCA Civ 1664 (19 December 2022)

Court of Appeal (Criminal Division)

Cloud, R. v (Rev1) [2022] EWCA Crim 1668 (19 December 2022)

High Court (Administrative Court)

Osborne, R (On the Application Of) v Parole Board for England & Wales [2022] EWHC 3306 (Admin) (20 December 2022)

Wells, R (On the Application Of) v Welwyn Hatfield Borough Council [2022] EWHC 3298 (Admin) (20 December 2022)

The Manchester Ship Canal Company Ltd v Secretary of State for Environment, Food And Rural Affairs & Anor [2022] EWHC 3282 (Admin) (19 December 2022)

AAA v Secretary of State for the Home Department (Rwanda) [2022] EWHC 3230 (Admin) (19 December 2022)

Batmanghelidjh v Charity Commission for England and Wales [2022] EWHC 3261 (Admin) (19 December 2022)

High Court (Chancery Division)

Dunward Properties Ltd v Isaac [2022] EWHC 3276 (Ch) (20 December 2022)

Bushby & Anor v Actua Investment Llc (Re Rodus Developments Ltd) [2022] EWHC 3232 (Ch) (20 December 2022)

Brendon International Ltd v Water Plus Ltd & Anor [2022] EWHC 3321 (Ch) (20 December 2022)

High Court (Commercial Court)

Hangzhou Jiudang Asset Management Co Ltd & Anor v Kei [2022] EWHC 3265 (Comm) (19 December 2022)

High Court (King’s Bench Division)

Ismaik v Fadaat Media Ltd [2022] EWHC 3260 (KB) (19 December 2022)

Benford (A Child) v East And North Hertfordshire NHS Trust (Rev1) [2022] EWHC 3263 (KB) (19 December 2022)

Shepherd & Co Solicitors v Brealey [2022] EWHC 3229 (KB) (19 December 2022)

High Court (Technology and Construction Court)

Partakis-Stevens & Anor v Sihan & Ors [2022] EWHC 3249 (TCC) (19 December 2022)

Source: www.bailii.org

Rwanda Policy Ruled Lawful But ‘Awful’ – Each Other

‘The High Court has ruled that the government’s ‘awful‘ Rwanda policy is lawful. This follows an intervention from the European Court of Human Rights, which in a last-minute ruling stopped any flights under the scheme until the UK’s domestic courts could determine if it was legal. While the policy was ruled legal, eight individual cases will be determined separately and another hearing could be launched in 2023 if an appeal is made.’

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Each Other, 20th December 2022

Source: eachother.org.uk

Councils call for funding, guidance and notice ahead of introduction of Martyn’s Law – Local Government Lawyer

‘The Local Government Association (LGA) has said the Government must ensure funding is made available for the successful implementation of a new law which requires venues to take steps to protect the public from terror attacks.’

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Local Government Lawyer, 20th December 2022

Source: www.localgovernmentlawyer.co.uk

Man with history of sex offending has capacity to make decisions in relation to care and support arrangements, Court of Protection judge rules – Local Government Lawyer

‘A Court of Protection judge has ruled that a young man with a history of sex offending will no longer be subject to a Deprivation of Liberty Authorisation.’

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Local Government Lawyer, 19th December 2022

Source: www.localgovernmentlawyer.co.uk

NHS trust apologises as man kept in hospital for more than a year – BBC News

Posted December 20th, 2022 in detention, hospitals, local government, mental health, news by sally

‘A man with physical and mental health problems is “living” in a hospital despite being fit to leave, a court has heard.’

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BBC News, 19th December 2022

Source: www.bbc.co.uk

MPs call for ban on forced installations of prepayment meters – The Guardian

Posted December 20th, 2022 in elderly, energy, news by sally

‘MPs have called for a ban on forced installations of prepayment meters amid fears that elderly and vulnerable people are being effectively cut off from heating and power supplies.’

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The Guardian, 19th December 2022

Source: www.theguardian.com

SRA to step up action over non-compliance with transparency rules – Legal Futures

‘The Solicitors Regulation Authority (SRA) is to take a “more robust approach” to enforcing its transparency rules after its latest work indicated widespread non-compliance.’

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Legal Futures, 20th December 2022

Source: www.legalfutures.co.uk

High court rules Rwanda plan is lawful – Free Movement

Posted December 20th, 2022 in asylum, deportation, government departments, immigration, judicial review, news, Rwanda by sally

‘The High Court has concluded in the case of AAA and others v Secretary of State for the Home Department [2022] EWHC 3230 (Admin) that the UK government’s Rwanda plan is lawful. The individual decisions in the case were inadequate and will need to be re-made, but that is no obstacle to the plan proceeding.’

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Free Movement, 19th December 2022

Source: freemovement.org.uk

Naziat Khan death: Zafar Iqbal jailed for murdering wife in front of children – BBC News

Posted December 20th, 2022 in domestic violence, guilty pleas, murder, news, sentencing by sally

‘A man who strangled his wife with her own scarf 21 years ago after being “embarrassed” at her attempts to secure a divorce has been jailed.’

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BBC News, 19th December 2022

Source: www.bbc.co.uk

Kids Company founder cleared to challenge critical watchdog report in court – The Guardian

Posted December 20th, 2022 in charities, Charity Commission, children, inquiries, judicial review, news, reports by sally

‘The founder of the former children’s charity Kids Company, Camila Batmanghelidjh, has won permission to go to the high court to try to overturn a charities watchdog report she claims was unbalanced, unfair and unlawful.’

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The Guardian, 19th December 2022

Source: www.theguardian.com

Statutory Instruments – legislation.gov.uk

Posted December 19th, 2022 in legislation by tracey

SI 2022/1353 – The Combined Authorities (Mayoral Elections) (Amendment) Order 2022

SI 2022/1352 – The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2022

SI 2022/1351 – The Food and Feed (Miscellaneous Amendments) Regulations 2022

SI 2022/1341 – The Apprenticeships (Miscellaneous Provisions) (England) (Amendment) (No. 3) Regulations 2022

SI 2022/1328 – The Local Authorities (Capital Finance and Accounting) (England) (Amendment) (No. 2) Regulations 2022

SI 2022/1356 – The Agricultural Holdings (Fee) Regulations 2022

SI 2022/1355 – The Proceeds of Crime (Money Laundering) (Threshold Amount) Order 2022

SI 2022/1354 – The Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022

SI 2022/1346 – The Conformity Assessment (Mutual Recognition Agreements) (Amendment) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 19th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

Philip Morris Products, SA v Nicoventures Trading Ltd & Anor (Re Invalidity of Patents) [2022] EWCA Civ 1638 (16 December 2022)

Lovett v Wigan Borough Council (Re Breaches of ASBIs) [2022] EWCA Civ 1631 (16 December 2022)

Wright v Rogers [2022] EWCA Civ 1658 (16 December 2022)

Trafalgar Multi Asset Trading Company Ltd v Hadley & Ors [2022] EWCA Civ 1639 (16 December 2022)

High Court (Administrative Court)

Smith v Secretary of State for Levelling Up, Housing and Communities & Anor [2022] EWHC 3209 (Admin) (16 December 2022)

Director of Public Prosecutions v Highbury Corner Magistrates’ Court [2022] EWHC 3207 (Admin) (16 December 2022)

Norton St. Philip Parish Council v Mendip District Council [2022] EWHC 3432 (Admin) (16 December 2022)

High Court (Chancery Division)

Railways Pension Trustee Company Ltd v Atos IT Services UK Ltd & Anor [2022] EWHC 3236 (Ch) (16 December 2022)

High Court (Commercial Court)

Havila Kystruten AS v Abarca Companhia De Seguros, SA [2022] EWHC 3196 (Comm) (16 December 2022)

BNP Paribas Trust Corporation UK Ltd v Uro Property Holdings, SA [2022] EWHC 3251 (Comm) (16 December 2022)

High Court (King’s Bench Division)

Pathan v Commissioner of Police of the Metropolis [2022] EWHC 3244 (KB) (16 December 2022)

Source: www.bailii.org

Accommodating asylum seekers: legal issues arising from the use of hotel accommodation – Local Government Lawyer

‘The Home Office’s policy of placing asylum seekers in hotels and hostels has given rise to a number of legal issues for local authorities. Dean Underwood and Jack Barber detail the areas of concern.’

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Local Government Lawyer, 16th December 2022

Source: www.localgovernmentlawyer.co.uk

The planning definition of ‘Gypsies and Travellers’ – Local Government Lawyer

‘Aileen McColgan KC examines a Court of Appeal ruling that the Government’s planning definition of “gypsies and travellers” was unlawfully discriminatory.’

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Local Government Lawyer, 16th December 2022

Source: www.localgovernmentlawyer.co.uk

Rape response overhaul delivers progress – Ministry of Justice

‘Victims are seeing significant improvements in the criminal justice system’s response to rape, a new report has revealed today.’

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Ministry of Justice, 15th December 2022

Source: www.gov.uk