How 1960s tragedies triggered a life-saving law – BBC News
‘Since the 1800s, laws had been passed to try to keep people safe at work.’
BBC News, 31st July 2024
Source: www.bbc.co.uk
Author: sally
Using Universal Periodic Review Recommendations in UK Courts – Judicial Review
‘This article is the first to demonstrate how the United Nations Universal Periodic Review (UPR) recommendations can be used in UK domestic law and courts. The UPR is a cyclical review of UN member states’ human rights obligations. It is unique because it involves states (rather than judges or experts) scrutinising and making recommendations to one another on how they can improve human rights on the ground. These recommendations are then subject to a process of follow-up in the subsequent review, which will occur four to five years later when the state can then be scrutinised about their implementation of recommendations made in the previous cycle. The UPR was set up as an international political process, and as a consequence legal practitioners may be unaware of the UPR, or at least unfamiliar with its relevance to their work. Indeed, it has almost never featured in reported case law in England and Wales.’
Judicial Review, 29th July 2024
Source: www.tandfonline.com
UK Supreme Court rewrites the rules on retained EU case law – OUT-LAW.com
‘In an important recent judgment, the UK Supreme Court has rewritten the post-Brexit rules on application of EU case law in the UK courts, so that they apply retrospectively in proceedings in respect of pre-Brexit events.’
OUT-LAW.com, 29th July 2024
Source: www.pinsentmasons.com
SRA ordered to pay costs after “flawed” ban on non-solicitor – Legal Futures
‘The Solicitors Disciplinary Tribunal (SDT) has ordered the Solicitors Regulation Authority (SRA) to pay costs of £5,000 after bringing a “flawed and misconceived” case against a non-solicitor.’
Legal Futures, 30th July 2024
Source: www.legalfutures.co.uk
Man jailed for life for hiring hitman to murder wife – BBC News
‘A husband who hired a hitman to murder his former wife while he was having an affair has been jailed for life with a minimum of 22 years.’
BBC News, 29th July 2024
Source: www.bbc.co.uk
ICO hits NHS Trust and police force with enforcement notices over hundreds of unanswered FOI requests – Local Government Lawyer
‘The Information Commissioner’s Office (ICO) has issued enforcement notices against Devon and Cornwall Police and Barking, Havering and Redbridge Hospitals NHS Trust over hundreds of unanswered freedom of information (FOI) requests.’
Local Government Lawyer, 29th July 2024
Source: www.localgovernmentlawyer.co.uk
High Court grants injunction to judge harassed by brother-in-law – Legal Futures
‘The High Court has granted a final injunction to stop a district judge being harassed by his brother-in-law over a will.’
Legal Futures, 30th July 2024
Source: www.legalfutures.co.uk
Puberty blockers ban imposed by Tory government is lawful, high court rules – The Guardian
‘A ban on prescribing puberty blockers to children with gender dysphoria in England, Scotland and Wales was lawful, a high court judge has ruled.’
The Guardian, 29th July 2024
Source: www.theguardian.com
Imprisonment for Public Protection: No more kicking the can – Mountford Chambers
‘With an election taking place during the Euros, it is almost too tempting to describe the Labour Party as running towards an open goal. A new government is almost seen as inevitable, with the real question being the size of its majority. Yet it remains unclear whether this change will embolden much-needed reform to the criminal justice system. For any future Justice Secretary, addressing the plight of those serving sentences of Imprisonment for Public Protection (IPP) must be at the top of their to-do list.’
Mountford Chambersm 1st July 2024
Source: www.mountfordchambers.com
Provisional damages in clinical negligence claims: Practical steps to consider – St John’s Chambers
‘Provisional damages are often bought off as part of the overall settlement agreement but as Lauren Karmel and Jimmy Barber remind us it is important to consider whether this is appropriate. They offer some guidance in provisional damages in clinical negligence claims and practical steps to consider in the latest edition of AvMA’s Lawyers Services Newsletter.’
St John's Chambers, 3rd July 2024
Source: www.stjohnschambers.co.uk
Successful EAT appeal on fairness of dismissal for redundancy – Cloisters
‘In Williams and ors v Compair Maxam [1982] ICR 156, the EAT laid down guidelines that a reasonable employer is expected to follow when undertaking dismissal by reason of redundancy and against which fairness or unfairness under s.98(4) ERA is judged. The fifth principle, at [162F], is: ‘The employer will seek to see whether instead of dismissing an employee he could offer him alternative employment.’’
Cloisters, 29th July 2024
Source: www.cloisters.com
Houssein & Others v London Credit Limited & Another [2024] EWCA Civ 721 – Falcon Chambers
‘The First Respondent (“LCL”) agreed to loan £1,881,000 to the Third Appellant, CEK Investments Limited (“CEK”), for a period of 12 months. The loan was secured by a debenture over CEK’s assets, personal guarantees from CEK’s directors the First Appellant and her husband (who had subsequently died and whose estate was now represented by their son, the Second Appellant), and mortgages over 5 buy-to-let properties and their family home.’
Falcon Chambers, 4th July 2024
Source: www.falcon-chambers.com
Failure to Clarify Immigration Status in Care Proceedings by Lucy Coen – Broadway Chambers
‘In the recent matter of Y (Failure to Clarify Immigration Status), Re [2024] EWFC 159, the High Court gives useful guidance in respect of public law children cases where there is a question in relation to the immigration status of either the subject child or parents.’
Broadway Chambers, 29th July 2024
Source: www.broadwayhouse.co.uk
Qualified Legal Representatives – the challenges so far – Becket Chambers
‘For cases issued after 21 July 2022, the Court has jurisdiction to appoint a Qualified Legal Representative (“QLR”). In family cases, the necessity for such an appointment usually arises upon application of section 65 of the Domestic Abuse Act 2021 or amendments to the Matrimonial and Family Proceedings Act 1984 which restricts litigants in person from cross-examining parties or witnesses in certain circumstances.’
Becket Chambers, 2nd July 2024
Source: becket-chambers.co.uk
Towards a rights-based approach for disabled women’s access to abortion – Medical Law Review
‘This article adds to the still limited scholarship on the impact of abortion laws and policies on people with disabilities and those with diminished capacity who seek abortion. We argue that neither the legal nor policy framework currently operating in England and Wales adequately incorporates and protects the rights of people with disabilities or those experiencing mental ill-health. Rather, the law and policy framework jeopardizes their reproductive agency. We argue that greater attention to and incorporation of standards contained within the UN Convention on the Rights of Persons with Disabilities (including the sources produced by its Committee) and implementation of guidelines produced by the World Health Organization would result in a rights-affirming framework that supports disabled women’s reproductive agency, enhances their effective enjoyment of human rights, and supports them in accessing quality abortion care.’
Medical Law Review, 17th July 2024
Source: academic.oup.com
Separate legal personality – an explanation and a defence – Journal of Corporate Law Studies
‘The article proposes a modern version of real entity theory to explain the principle of the separate legal personality of the company. This theoretical model relies on scholarship from the wider social sciences that demonstrates that organisations bring about behaviours that would not exist but for the organisational context. Organisations are real in their consequences. The principle of separate legal personality condones, supports, and protects the ability of organisations to act autonomously. The article further suggests that we do not need a principle of corporate “disregard” but should continue on the path of developing context-specific rules addressing questions arising out of corporate abuses.’
Journal of Corporate Law Studies, 17th July 2024
Source: www.tandfonline.com
Still No(,) More Bolam Please: McCulloch and others v Forth Valley Health Board – Modern Law Review
‘McCulloch v Forth Valley Health Board concerned an allegation of negligence, in failing to consider treating pericarditis with non-steroidal anti-inflammatory drugs as a reasonable alternative treatment and not discussing this option with the patient. Montgomery v Lanarkshire Health Board held that a medical professional must disclose to a patient material risks and any reasonable alternative treatments. The materiality of a risk is to be decided by reference to a reasonable person in the patient’s position, or where the medical professional should be reasonably aware that the particular patient is likely to attach significance to that risk. However, Montgomery did not define the legal standard relating to the assessment of whether an alternative treatment is reasonable. McCulloch held the correct legal test to be applied as to whether an alternative treatment is reasonable is the professional-practice test in Bolam v Friern Hospital Management Committee. There are practical, doctrinal and normative reasons to question whether Bolam is the correct legal test in respect of the assessment of reasonable alternative treatments. Additionally, the conceptualisation of Bolam in McCulloch is overly deferential. McCulloch fails to fully consider Montgomery’s emphasis that autonomy-respecting principles are the values that risk disclosure practices are sensitive to.’
Modern Law Review, 4th July 2024
Source: onlinelibrary.wiley.com
Futility and best interests before the Court of Protection – Mental Capacity Law and Policy
‘When medical treatment can be considered to be a futile is an important, but sometimes difficult, question. What can make it difficult in the context of those with impaired decision-making capacity is the potential for it to start “coding” judgments about other matters, above all judgments about the quality of life of the patient. In Re XY [2024 EWCOP 37 (T3), the issue of futility arose in the context of a decision whether continuing life-sustaining treatment was in the best interests of a man who in a prolonged disorder of consciousness. The treating Trust wished to cease mechanical ventilation and the provision of clinically assisted nutrition and hydration on the basis that its continuation was no longer in XY’s best interests.’
Mental Capacity Law and Policy, 28th July 2024
Number of LPAs registered soars by 28% – Legal Futures
‘There was a 28% surge in the number of applications for lasting powers of attorney (LPAs) last year, but the Office of the Public Guardian (OPG) still managed to reduce its backlog.’
Legal Futures, 29th July 2024
Source: www.legalfutures.co.uk
Slapping therapist guilty of manslaughter – BBC News
‘An alternative healer has been found guilty of gross negligence manslaughter following the death of a woman at one of his workshops.’
BBC News, 26th July 2024
Source: www.bbc.co.uk
