Operating CCTV lawfully – Local Government Lawyer
‘A county court judge has ruled that Islington Council’s operated its CCTV system lawfully. Sam Fowles explains why.’
Local Government Lawyer, 7th July 2023
Source: www.localgovernmentlawyer.co.uk
Day: 7 July 2023
Housing case law update: June 2023 – Local Government Lawyer
‘Catherine Craven and Jane Goodier round up the latest housing law cases and court decisions of interest to housing associations and local authorities.’
Local Government Lawyer, 7th July 2023
Source: www.localgovernmentlawyer.co.uk
Landmark Sizewell C ruling instructive for projects of all shapes and sizes – OUT-LAW.com
‘The High Court’s ruling that the UK government’s approval of the proposed Sizewell C nuclear power plant was lawful contains valuable reminders on how projects of all shapes and sizes should approach environmental assessments.’
OUT-LAW.com, 6th July 2023
Source: www.pinsentmasons.com
UK government avoids ‘self-inflicted wound’ by abandoning Bill of Rights Bill – OUT-LAW.com
‘The UK government’s decision to abandon its plan for sweeping reforms to human rights legislation comes as no surprise, according to one legal expert.’
OUT-LAW.com, 6th July 2023
Source: www.pinsentmasons.com
Philip Murray: Reconsidering Ouster Clauses: The High Court’s Decision in Oceana – UK Constitutional Law Association
‘To many, ouster clauses represent a conflict between, on the one hand, the will of a sovereign Parliament and, on the other, the rule of law’s demands that public bodies act within the limits of their powers. The common law has traditionally sought to interpret ouster clauses restrictively, employing reasoning articulated classically (but far from the first time) in Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147 and continued more recently in R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22. That reasoning provides that ouster clauses do not apply where a public body has acted outside its jurisdiction: the “decision”, “determination”, etc (in the language of the clause) is null and void, such that there is nothing in law to which the clause might attach. The courts are thus able to safeguard the supervisory jurisdiction of the High Court while still claiming to pay due respect to Parliament’s decrees.’
UK Constitutional Law Association, 5th July 2023
Source: ukconstitutionallaw.org
Recent Statutory Instruments – legislation.gov.uk
SI 2023/758 – The Administration of Estates Act 1925 (Fixed Net Sum) Order 2023
SI 2023/751 – The Social Security (Contributions) (Amendment No. 4) Regulations 2023
SI 2023/764 – The Cosmetic Products (Restriction of Chemical Substances) Regulations 2023
SI 2023/760 – The Road Vehicles (Authorised Weight) (Amendment) Regulations 2023
SI 2023/755 – The Safety of Sports Grounds (Designation) (Amendment) (England) (No. 3) Order 2023
SI 2023/739 – The Drivers’ Hours and Tachographs (Amendment) Regulations 2023
SI 2023/766 – The Judicial Pensions (Remediable Service etc.) Regulations 2023
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Supreme Court
Court of Appeal (Civil Division)
G & H (Leave To Revoke Placement Order) [2023] EWCA Civ 768 (06 July 2023)
Court of Appeal (Criminal Division)
WJ, R. v [2023] EWCA Crim 789 (06 July 2023)
High Court (Administrative Court)
Tattersall, R (On the Application Of) v NHS England [2023] EWHC 1677 (Admin) (05 July 2023)
Chilldara Group Holdings Ltd v West Northamptonshire Council [2023] EWHC 1675 (Admin) (05 July 2023)
High Court (Chancery Division)
Ramji v Harvey & Ors [2023] EWHC 1664 (Ch) (06 July 2023)
Prezzo Investco Ltd, In the Matter of (Re Companies Act 2006) [2023] EWHC 1679 (Ch) (05 July 2023)
High Court (Commercial Court)
KVB Consultants Ltd & Ors v Jacob Hopkins McKenzie Ltd & Ors [2023] EWHC 1686 (Comm) (06 July 2023)
Smart Gain Shipping Co. Ltd v Langlois Enterprises Ltd [2023] EWHC 1683 (Comm) (05 July 2023)
High Court (Family Division)
Z v Z [2023] EWHC 1673 (Fam) (05 July 2023)
High Court (King’s Bench Division)
Hine Solicitors Ltd v Jones & Anor [2023] EWHC 1708 (KB) (06 July 2023)
Bekoe v Mayor and Burgesses of the London Borough of Islington [2023] EWHC 1668 (KB) (05 July 2023)
FLR v Chandran [2023] EWHC 1671 (KB) (05 July 2023)
Source: www.bailii.org
“AI won’t replace lawyers – so long as they embrace it,” says top City firm – Legal Futures
‘Generative artificial intelligence (AI) will not replace lawyers, but lawyers who use it will replace those who do not, the head of lawtech at a leading City law firm has predicted.’
Legal Futures, 6th July 2023
Source: www.legalfutures.co.uk
Research Briefing: Alcohol licensing: how to object to a licence – House of Commons Library
‘This Briefing looks at how people can object to alcohol licences in England and Wales.’
House of Commons Library , 4th July 2023
Source: commonslibrary.parliament.uk
Research Briefing: Advertising to children – House of Commons Library
‘This Commons briefing paper looks at the current advertising regulatory system in the UK, with specific reference to advertising to children.’
House of Commons Library , 4th July 2023
Source: commonslibrary.parliament.uk
More visible policing and swifter consequences for antisocial behaviour – Home Office
‘Communities across England and Wales will see more police patrolling antisocial behaviour hotspots and perpetrators will face tougher, swifter consequences.’
Home Office, 6th July 2023
Source: www.gov.uk
Adoption of babies – ss 19 and 20 consent and Re A, B, and C – Family Law
‘The making of an adoption order changes a child’s family law status and legal identity forever, and only in the most exceptional circumstances is an adoption order ever revoked; most likely, if at all, as a result of serious procedural unfairness or irregularity, or misrepresentation. It is a well-established legal principle that, therefore, all “realistic” options need to be explored before adoption is endorsed as a child’s care plan. That is no different when it comes to the voluntary relinquishment of a child for adoption, by both parents, or more likely, by one parent, the mother.’
Family Law, 6th July 2023
Source: www.familylaw.co.uk
Profiting from children subject to state care: Is business involvement a sustainable investment? – Family Law
‘Worldwide, private companies and investors are increasingly involved in the delivery of essential public services social and elderly care. In the UK, this manifests prominently in the private children’s home sector. As we highlight in this piece, the care of some of our society’s most vulnerable children, namely those subject to care and, often, accompanying Deprivation of Liberty Orders, has become a lucrative source of revenue for corporations and investors. Yet a growing body of evidence highlights the negative consequences for human rights of this trend.’
Family Law, 6th July 2023
Source: www.familylaw.co.uk
COVID-19 fraudster sentenced for laundering nearly £200k from taxpayers – Crown Prosecution Service
‘A fraudster who sought to exploit the taxpayer through a COVID-19 support scheme has been sentenced today (3 July 2023).’
Crown Prosecution Service, 3rd July 2023
Source: www.cps.gov.uk
Supreme Court backs civil law test for police disciplinary proceedings – Law Society’s Gazette
‘The Supreme Court has ruled that the civil law test should be applied in police disciplinary proceedings and that public confidence is better served in doing so.’
Law Society's Gazette, 5th July 2023
Source: www.lawgazette.co.uk
Appeal allowed despite ‘disastrously handled’ litigation – Law Society’s Gazette
‘A High Court judge has “with a very heavy heart” allowed an appeal while making clear his dismay at the conduct of the successful party.’
Law Society’s Gazette, 6th July 2023
Source: www.lawgazette.co.uk
Stephen Lawrence’s mother says decision not to charge police over murder inquiry ‘disgraceful’ – The Independent
‘Stephen Lawrence’s mother says a decision not to charge four retired officers over their handling of the original murder investigation has caused her immense distress and she will challenge it.’
The Independent, 6th July 2023
Source: www.independent.co.uk
UK’s largest pub firm guilty of health and safety breach over student’s death – The Guardian
‘The UK’s largest pub company has been found guilty of breaching health and safety law after the “senseless and avoidable” death of a first-year university student who was queuing to get into a busy venue.’
The Guardian, 6th July 2023
Source: www.theguardian.com
