Day: 24 April 2026

‘Focusing on the collective and trade union rights contained in Part 4 of the Employment Rights Act, this article assesses the changes that were eventually introduced against the policy proposals and commitments that preceded them. It begins by sketching the law in force prior to the passing of the Act, employing the concept of the “labour constitution”, which is defined here, in essence, as the body of collective labour laws in force at a given point in time. In a second section, the policy statements of the Labour Party under Keir Starmer’s leadership are reviewed and compared with those of previous Governments of the 21st century. In the third and longest section, the provisions of Part 4 of the Act are analysed and omissions identified. On the basis of the foregoing analysis, the article concludes that the Act makes important changes to the existing law on collective rights but falls short of the Government’s policy commitments in several respects. While the enacted reforms may indeed represent the biggest upgrade to workers’ rights in a generation, they do not alter the fundamental characteristics of the neoliberal labour constitution in force in this country since the 1980s.’

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Industrial Law Journal, 23rd April 2026

Source: doi.org

‘A mother who lost her baby a week after an “unsafe” home birth that went against medical advice was failed by the NHS, an inquest has found.’

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The Guardian, 23rd April 2026

Source: www.theguardian.com

‘Since 2019, numerous reports (both official and charity-led) have been published detailing patient care and safety failings in areas of women’s healthcare in hospitals across the UK. A common theme that has emerged from these reports is a sense that the voices of women and people seeking maternity care and/or treatment for female health conditions are frequently dismissed and silenced. While many of the examples detailed in these reports have been appropriately recognized as both individual and systemic failings in patient care, here we apply Miranda Fricker’s epistemic injustice framework to these issues. We argue that testimonial injustice (a form of discriminatory epistemic injustice) forms a core part of the experience of some of these patients’ care resulting in a compounding of their experience of harm. Despite various exhortations within the reports that women should be listened to, the evidence demonstrates that women’s testimonial knowledge is systematically devalued. We thus contend that a fundamental reframing of the issue is required and that understanding how and why epistemic injustice occurs is critical to developing a better understanding of how to avoid it, both in the provision of women’s healthcare and in its regulation.’

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Medical Law Review, 18th April 2026

Source: doi.org

‘Three men have been found guilty of repeatedly raping a woman on Brighton beach in a “cynical, predatory and callous” attack after she became separated from her friends on a night out.’

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The Guardian, 23rd April 2026

Source: www.theguardian.com

‘The law distinguishes between parenthood and the rights and duties necessary to care for a child, called parental responsibility (“PR”). Status and PR have a somewhat complex relationship. However, they are connected for un-married fathers through birth registration (s.4(1)(a) Children Act (“CA”) 1989). So, what are the consequences where a man is erroneously registered as the father? Does he obtain PR? And, what happens once he has been declared not to be the legal father? First instance cases created uncertainty through divergent answers based on policy and technical readings of s.4 CA. Re J; Re M; Re P [2026] EWCA Civ 344 has put the law straight and re-asserted the primacy of the genetic conception of parenthood. A man who had never legally been father cannot, by erroneous registration, obtain PR and nothing more than a declaration of non-parentage under s.55A FLA 1986 is required to confirm this.’

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Journal of Social Welfare and Family Law, 19th April 2026

Source: doi.org

‘Judicial independence matters. There is a clear constitutional value in the principle but recently, in amongst much more fractured politics, the safeguarding of judicial independence is not something to be taken for granted. Recognising the need for judicial independence is central to creating a democratic system of governance and promotes the importance of the role and work of the judiciary as a whole. This article was prompted by the then Shadow Lord Chancellor’s, Robert Jenrick MP, speech at the Conservative Party conference in October 2025. His comments present an opportunity to look at what can be done across party lines to engender more willingness to support judicial independence for broader constitutional benefit.’

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Judicial Review, 22nd April 2026

Source: doi.org

We are saddened to hear about the death of Giles Peaker. Nearly Legal has been a source that we have monitored and reshared many posts from over the years, and we are thankful for all the excellent content.

‘A “callous, calculating sexual predator” who raped and deliberately infected young, vulnerable men with HIV has been jailed for life and told he must serve at least 23 years.’

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The Guardian, 23rd April 2026

Source: www.theguardian.com