SLAPPs: What are they? And how should defamation law be reformed to address them? – Journal of Media Law

Posted May 16th, 2024 in defamation, freedom of expression, news, public interest by sally

‘This article examines the need for legislative reform to address the problem of strategic litigation against public participation (SLAPPs), with a focus on defamation law as the most common action for such claims. It draws upon legislative and judicial approaches from a range of different jurisdictions to define the problem of SLAPPs and examines whether the existing law in England and Wales provides an adequate solution to the problem of SLAPPs. This analysis indicates some important recent developments in the law that are relevant to SLAPPs but concludes that legislative reform is necessary to address the problem of SLAPPs. In contrast to the current proposals for reform, the article proposes an anti-SLAPP provision that crystallizes and builds upon recent developments in the law, to effectively address the problem of SLAPPs without posing an unnecessary risk of the denial of innocent claims.’

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Journal of Media Law, 13th May 2024

Source: www.tandfonline.com

Ministers to amend Criminal Justice Bill in bid to address concerns over ‘nuisance rough sleeping’ provisions – Local Government Lawyer

Posted May 16th, 2024 in amendments, bills, criminal justice, homelessness, news, nuisance, repeals, vagrancy by sally

‘The Government has tabled amendments to the Criminal Justice Bill tightening the definition of ‘nuisance rough sleeping’ after MPs expressed concerns about the breadth of the legislation’s provisions.’

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Local Government Lawyer, 15th May 2024

Source: www.localgovernmentlawyer.co.uk

The Right to Request Flexible Working: Evidence from Employment Tribunal Judgments – Industrial Law Journal

Posted May 16th, 2024 in employment tribunals, flexible working, news, regulations by sally

‘This study examines five years of Employment Tribunal judgments on flexible working requests and uses a thematic analysis to identify the issues that have been litigated and to assess how employment tribunals, employees and employers have navigated the Act’s provisions. Whilst the right to request flexible working has been much critiqued because of its limited nature, there is little evidence and discussion of whether it provides a useable and effective process for employees and employers on its own terms. This article identifies three problems with the current legislation: employees can find it difficult to comply with the requirements for a valid statutory request, the difficulty of establishing and complying with the time limits in the legislation and finally the difficulty for tribunals in defining and applying core concepts relating to its power of review over employers’ decisions. These issues will not be resolved through the new Employment Relations (Flexible Working) Act 2023 and in some ways will be made more difficult.’

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Industrial Law Journal, 13th May 2024

Source: academic.oup.com

Solicitor general to appeal over case of climate activist who held sign on jurors’ rights – The Guardian

Posted May 16th, 2024 in appeals, climate change, contempt of court, juries, news by sally

‘The government’s most senior law officer is to appeal against a decision not to allow a contempt of court action against climate campaigner Trudi Warner for holding a placard on the rights of jurors outside a British court, the Guardian can reveal.’

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The Guardian, 15th May 2024

Source: www.theguardian.com

McCloud Costs Directions: BMA v HM Treasury – Pensions Barrister

Posted May 16th, 2024 in age discrimination, costs, equality, judicial review, news, pensions by sally

‘Edward Sawyer of Wilberforce Chambers discusses the Court of Appeal’s decision in BMA v HM Treasury, which upheld the validity of directions made by the Treasury to charge members rather than taxpayers with the costs of remedying the discrimination in public sector schemes following the McCloud litigation.’

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Pensions Barrister, 16th May 2024

Source: www.pensionsbarrister.com

Warning after dancer fatally choked during sex – BBC News

Posted May 16th, 2024 in inquests, news, unlawful killing by sally

‘A coroner has issued a warning after an inquest heard how a woman was fatally strangled by her boyfriend during sex.’

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BBC News, 15th May 2024

Source: www.bbc.co.uk

MP uses parliamentary privilege to ask why Lucy Letby story blocked in UK – The Guardian

‘The Conservative MP David Davis has used parliamentary privilege to ask why UK readers were barred from viewing an article in a prominent US magazine about the case of the former nurse Lucy Letby.’

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The Guardian, 15th May 2024

Source: www.theguardian.com