Accessibility and the Limits of the Equality Act 2010: Time for a UK Accessibility Act? – Current Legal Problems

Posted July 11th, 2025 in news by sally

‘This article makes a case for the introduction of a new UK Accessibility Act to supplement existing equality law and outlines key ingredients to be included in such legislation. Such a reform would fulfil commitments under international human rights law, align with purported cross-government prioritization of accessibility, establish a more joined-up and effective regulatory structure and, most importantly, hasten progress toward a barrier-free society in which disabled people and others are enabled to learn, work, move and live as equals. The article has three main sections. The first elaborates on the accessibility obligations set out in the UN Convention on the Rights of Persons with Disabilities. It also discusses recent legislative responses to these international human rights requirements in the European Union (the European Accessibility Act) and Canada (the Accessible Canada Act). The second section maps out the various accessibility interventions of the Equality Act 2010 and exposes the limits of the current approach, which is patchy, splintered and heavily dependent on expensive and high-risk litigation by individuals. The third section draws on the examples of Canadian and EU legislation to consider what should be included in a new UK Accessibility Act.’

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Current Legal Problems, 7th July 2025

Source: doi.org

Rectification, Employment Contracts, and Collective Agreements – Industrial Law Journal

Posted July 11th, 2025 in news by sally

‘One of the oddities of British labour law, especially when compared with its continental and common law cousins, is that collective agreements concluded as a result of the collective bargaining process between an employer and a trade union have no necessary legal effect whether vis-à-vis the employer and the union or vis-à-vis the employer and an individual employee. On the former relationship—which is sometimes referred to the ‘contractual dimension’ of collective agreements—the Trade Union and Labour Relations (Consolidation) Act 1992, s 179, conclusively presumes that such agreements were not intended by the parties to take effect as legally enforceable contracts unless the agreement is in writing and contains a provision which states that the parties intend that the agreement shall be a legally enforceable contract. As for the latter—which can be referred to as the ‘normative dimension’ of collective agreements, whereby the ‘norms’ in the collective agreement ‘are applied to the individual employment relationship’—ordinarily, for a collective agreement to have any legal effect, it must be incorporated into an individual’s contract of employment and there is no automatic rule to this effect.’

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Industrial Law Journal, 9th July 2025

Source: doi.org

Anonymity for Criminal Suspects – 2 Hare Court

Posted July 11th, 2025 in news by sally

‘Criminal lawyers are always aware of our clients’ concerns about adverse publicity during a criminal investigation, prior to charge. Investigations can last many months, even years, only to result in no charges being brought. Maintaining anonymity during that period is often a priority, second only to defending the allegations. In Bloomberg v ZXC [2022] UKSC 5, the Supreme Court confirmed that as a “legitimate starting point” a person under criminal investigation has, prior to charge, a reasonable expectation of privacy in respect of the investigation. However in any given case it is not certain as a matter of law that the ‘starting point’ is the ‘end point’.’

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2 Hare Court, 11th June 2025

Source: www.2harecourt.com

High Court issues ruling on costs charged by borough at summons stage of council tax dispute – Local Government Lawyer

Posted July 11th, 2025 in news by sally

‘Surrey Heath Borough Council issued an unlawful council tax summons but this should not be quashed because the complainant failed to exhaust other options before launching a judicial review, the High Court has found.’

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Local Government Lawyer, 10th July 2025

Source: www.localgovernmentlawyer.co.uk

Judge finds family had “no lawful authority” to move elderly man to care home in Wales from Spain – Local Government Lawyer

Posted July 11th, 2025 in news by sally

‘The Court of Protection has found – following an application by a local authority – that an elderly man’s wife and son had “no lawful authority” to move him to a care home in Wales from Spain, where he was habitually resident.’

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Local Government Lawyer, 11th July 2025

Source: www.localgovernmentlawyer.co.uk

Kneecap advert ‘banned’ on London Tube network – BBC News

Posted July 11th, 2025 in news by sally

‘Belfast rap trio Kneecap have said they are “banned” from advertising one of their posters on the London Underground.’

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BBC News, 10th July 2025

Source: www.bbc.co.uk

Praying in private and Article 9 ECHR: Rafiyev – Law & Religion UK

Posted July 11th, 2025 in news by sally

‘In Rafiyev v Azerbaijan [2025] ECHR 171, Mr Rafiyev was a follower of the Nurism sect of Islam [5]. In 2017, after attending a funeral, he and others visited a friend, TA, at his house and, at around 1 pm, several police officers raided the house and arrested Mr Rafiyev and twenty-one others. They were ultimately charged with violating the rules on holding religious meetings, contrary to Article 515.0.2 of the Code of Administrative Offences [6&7]. He was found guilty; the court accepted the police evidence that, following the funeral ceremony, he had gone to TA’s house and had prayed, though he had not known that praying at TA’s house had constituted “a religious meeting” [9]. His appeal was unsuccessful [10&11]. Before the ECtHR, he complained of breaches of Article 5 (liberty and security), Article 6 (fair trial) and Article 9 (thought, conscience and religion).’

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Law & Religion UK, 10th July 2025

Source: lawandreligionuk.com