Four elements to proportionality in discrimination cases – Administrative Court Blog

Posted April 29th, 2025 in news by sally

‘In Re McCarron [2025] NIKB 23 (10 April 2025), the High Court in Northern Ireland rejected the applicant’s argument that legislation prohibiting her from receiving certain cost of living payments unjustifiably discriminated against her. Scoffield J’s proportionality analysis includes four interesting elements which are of application to ECHR cases, including those raising issues under Article 14 and beyond.’

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Administrative Court Blog, April 2025

Source: administrativecourtblog.wordpress.com

‘Show off’ driver who killed three teens sentenced – BBC News

Posted April 29th, 2025 in news by sally

‘A young driver who killed three teens in a crash on their way home from school had a history of “showing off” at the wheel, a court heard before issuing a two-year custodial sentence.’

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BBC News, 28th April 2025

Source: www.bbc.co.uk

Practice direction issued on bundles in SEND tribunals – Local Government Lawyer

Posted April 29th, 2025 in news by sally

‘The Courts and Tribunals Judiciary has issued a practice direction to ensure consistency in the preparation of hearing bundles in Special Educational Needs and Disability (SEND) appeals and disability discrimination in schools’ claims.’

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Local Government Lawyer, 29th April 2025

Source: www.localgovernmentlawyer.co.uk

Teaching union forced to pay £78,000 after legal challenge over appointment of leader – The Guardian

Posted April 29th, 2025 in news by sally

‘A teaching union has agreed to pay £78,000 in legal costs after being forced to withdraw its controversial appointment of Matt Wrack as general secretary.’

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The Guardian, 28th April 2025

Source: www.theguardian.com

PSA v GMC and Anor [2025] EWHC 318 (Admin) – the consequences of admitting evidence through the wrong gateway – 2 Hare Court

Posted April 28th, 2025 in news by sally

‘In this case, the Registrant had examined two female patients who were unknown to each other at different A & E Departments nine months apart. Both patients complained of a degree of mental disorder. Each described the Registrant chanting in a “hypnotic” fashion or speaking in a “soothing” voice with a “weird” tone. Patient A’s evidence was that the Registrant had said that when she woke up she would “lust for me” and “love me and kiss me.” He asked her to remove her top before touching her breast and squeezing her nipple. Patient B’s evidence was that the Registrant had said that her boyfriend was the source of her problems and that she should wait at a bus stop for him so he could pick her up to take her home. He also repeatedly asked her to remove her clothes including her vest and sports bra.’

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2 Hare Court, 15th April 2025

Source: www.2harecourt.com

The Biological Baseline: Sporting ramifications of the UK Supreme Court ‘s decision in For Women Scotland Ltd v The Scottish Ministers – 4-5 Gray’s Inn Square

Posted April 28th, 2025 in news by sally

‘As readers may be aware, on 16 April 2025 the UK Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, ruled that the legal definition of “woman” under the Equality Act 2010 is based on biological sex assigned at birth. This judgment, arising from a dispute over gender balance quotas on public sector boards, determined that “sex” within the Act is a binary concept rooted in biology, and that a Gender Recognition Certificate (GRC) does not alter this biological sex for the purposes of sex-based legal protections. This decision, while not directly legislating for the sporting world, may carry weight for how sporting bodies in the UK may interpret their own regulations concerning single-sex competition, particularly when considering the core tenets of inclusion and the maintenance of a level and competitive playing field – both central to sporting integrity.’

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4-5 Gray's Inn Square, 24th April 2025

Source: www.4-5.co.uk

Gutmann v Apple – Case Note – 4 New Square

Posted April 28th, 2025 in news by sally

‘Collective actions in the Competition Appeal Tribunal (the “CAT”) have been beset by challenges to funding agreements on the grounds that: (i) it is impermissible for funders (and lawyers) to be paid from aggregate damages before distribution to the class; and (ii) by agreeing to funding agreements (“LFAs”) that provide for payment to funders before the class, the Proposed Class Representative is not acting in the interests of the class.’

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4 New Square, 17th April 2025

Source: www.4newsquare.com

Recognition Without Rights? Reflecting on For Women Scotland and the Future of Legal Sex – Oxford Human Rights Hub

Posted April 28th, 2025 in news by sally

‘Last week, the UK Supreme Court held that the terms “man,” “woman,” and “sex” in the Equality Act 2010 (EA) refer only to birth-assigned sex (‘biological’ sex) and not acquired or certificated sex on a Gender Recognition Certificate (GRC). It rejected the Scottish Ministers’ position that trans women with GRCs should be recognised as women under the EA. While the ruling has been criticised on multiple fronts, it raises particularly pressing questions about the adequacy of anti-discrimination protections for trans persons and the continued relevance of the Gender Recognition Act 2004 (GRA).’

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Oxford Human Rights Hub, 25th April 2025

Source: ohrh.law.ox.ac.uk

What else to do? Disability discrimination and justification – Nearly Legal

Posted April 28th, 2025 in news by sally

‘This was an appeal of a possession order made by HHJ Luba KC. Ms Thiam was the assured tenant of Richmond Housing. A possession order had been sought on grounds 8 (rent arrears), ground 14 (anti social behaviour by the tenant’s son), ground 12 (breach of tenancy in failure to allow access for inspection and repairs), and ground 13 – the condition of the premises had deteriorate by acts of waste, neglect and default.’

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Nearly Legal, 27th April 2025

Source: nearlylegal.co.uk

Shabana Mahmood warned of risk to pregnant women in halting Sentencing Council guidelines – The Guardian

Posted April 28th, 2025 in news by sally

‘Shabana Mahmood risks putting more pregnant women behind bars through her bill to prevent new guidelines which highlighted the need for pre-sentencing reports based on “different personal characteristics” including age, sex and ethnicity, charities have warned.’

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The Guardian, 27th April 2025

Source: www.theguardian.com

Man who killed estranged wife jailed for 27 years – BBC News

Posted April 28th, 2025 in news by sally

‘A man has been jailed for a minimum of 27 years for the murder​ of his estranged wife.’

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BBC News, 25th April 2025

Source: www.bbc.co.uk

Re Z: Surrogacy arrangements overseas – Law Society’s Gazette

Posted April 28th, 2025 in news by sally

‘Surrogacy arrangements are more popular than ever. The legal framework surrounding the making of parental orders in surrogacy cases in the UK is well-established. It is governed by section 54 of the Human Fertilisation and Embryology Act 2008, whose criteria are considered by the court together with the overall lifelong welfare of the child. Where those criteria are satisfied, the intended parents of a child born to surrogacy can obtain a parental order and become the child’s only legal parents.’

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Law Society's Gazette, 25th April 2025

Source: www.lawgazette.co.uk

Mum who killed son given indefinite hospital order – BBC News

Posted April 25th, 2025 in news by michael

‘Karolina Zurawska, 42, admitted the manslaughter of Alexander Zurawski on the grounds of diminished responsibility, as well as the attempted murder of her 67-year-old father, Krzysztof Siwy.’

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BBC News, 25th April 2025

Source: www.bbc.co.uk

Restoring a listed memorial? Re Tuxford War Memorial – Law & Religion UK

Posted April 25th, 2025 in news by michael

‘Who is the owner of a war memorial and who has locus standi to seek the permission of the court to clean or restore a listed war memorial? Those were among the issues which had to be resolved by the Consistory Court of the diocese of Southwell and Nottingham in respect of a war memorial in the churchyard of Saint Nicholas Church, Tuxford. The memorial is Grade II listed in its own right, and the church is Grade I listed.’

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Law & Religion UK, 22nd April 2025

Source: lawandreligionuk.com

Law and religion roundup – Law & Religion UK

Posted April 25th, 2025 in news by michael

‘A row has broken out over banners displayed in Cardiff saying, “Trust in Jesus, He is Alive, Come to Church!” – with Cardiff Council’s logo at the bottom. The banners do not state that they are adverts that have been paid for.’

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Law & Religion UK, 20th April 2025

Source: lawandreligionuk.com

Transfers from hospital to social care – Local Government Lawyer

Posted April 25th, 2025 in news by michael

‘What are the key laws that need to be upheld when transferring people from NHS hospital to local authority social care? Elizabeth Ridley explains.’

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Local Government Lawyer, 25th April 2025

Source: www.localgovernmentlawyer.co.uk

The Supreme Court decision in For Women Scotland Ltd v The Scottish Ministers – Local Government Lawyer

Posted April 25th, 2025 in news by michael

‘Last week the UK Supreme Court delivered its unanimous judgment in the case of For Women Scotland Ltd v The Scottish Ministers, allowing the appeal and addressing the interpretation of the Equality Act 2010 in relation to gender reassignment and sex discrimination. David Welsh considers the outcome.’

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Local Government Lawyer, 25th April 2025

Source: www.localgovernmentlawyer.co.uk

Cross-examination in judicial review – Local Government Lawyer

Posted April 25th, 2025 in news by michael

‘The High Court has rejected a parish council’s claim of legitimate expectation in a dispute over whether a district’s leader made a binding promise in a local meeting about the route of a ‘greenway’. Charles Streeten and Michael Feeney analyse the ruling.’

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Local Government Lawyer, 22nd April 2025

Source: www.localgovernmentlawyer.co.uk

Cyclists who kill pedestrians could be jailed for life under new law in England and Wales – The Guardian

Posted April 25th, 2025 in news by michael

‘Cyclists who kill pedestrians by dangerous cycling could face life imprisonment in England and Wales under new amendments to the crime and policing bill.’

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The Guardian, 24th April 2025

Source: www.theguardian.com

Only three people ever prosecuted for covering up England’s illegal sewage spills – The Guardian

Posted April 25th, 2025 in news by michael

‘Only three people have ever been prosecuted for obstructing the Environment Agency in its investigations into sewage spills, officials said, and none received even a fine.’

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The Guardian, 24th April 2025

Source: www.theguardian.com