Author: sally

‘The purpose of this commentary on today’s unanimous judgment of the Supreme Court in the long-awaited case of In the matter of an application by Martina Dillon, John McEvoy, Brigid Hughes and Lynda McManus for Judicial Review [2026] UKSC 15 (hereafter ‘the Dillon judgment’) is limited. That judgment in effect considers two separate legal issues: the appropriate interpretation of the ECHR as applied to the Legacy Act; and the application of Article 2(1) of the Windsor Framework to the Legacy Act. This commentary considers only the latter issue.’

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UK-EU Relations Law, 7th May 2026

Source: eurelationslaw.com

‘The UK Supreme Court has allowed a government appeal in a major Troubles legacy case, in a decision which victims’ campaigners have branded “a bitter blow”.’

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BBC News, 7th May 2026

Source: www.bbc.co.uk

‘A co-founder of the clothing company Superdry has been jailed for eight years for raping a woman after a night out in Cheltenham.’

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The Guardian, 7th May 2026

Source: www.theguardian.com

‘This project examined published reports from journalists and legal bloggers attending private family law proceedings in England and Wales. This pilot analysis explores issues in private and public family law proceedings with a focus on abuse allegations, use of ‘parental alienation,’ the role of journalists in enhancing transparency, and the involvement and impact of Children and Family Court Advisory and Support Services (Cafcass) or experts on contact outcomes. A mixed methods analysis was used to outline overarching themes (Thematic Analysis) positioned alongside percentages and common statistical tests on variable relationships. Initial findings align with existing literature in suggesting there is a theme of abusive fathers alleging ‘parental alienation’ against victim-mothers, a theme of pro-contact culture influencing contact maintenance with abusive parents, a theme of power held by Cafcass and experts in determining contact, and a serious pattern of administrative delays in cases concerning highly vulnerable individuals. Initial recommendations based on preliminary findings, aligned with existing literature, are to prohibit allegations of ‘alienation’ and ensure protections are in place for abuse survivors in the Family Court. A prior recommendation was to repeal the presumption of contact, but the government announced commitment to this change during the course of this work.’

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Journal of Social Welfare and Family Law, 26th April 2026

Source: www.tandfonline.com

‘On 18 March 2026 the House of Lords (Hereditary Peers) Bill became the House of Lords (Hereditary Peers) Act 2026. Following one final vote on the evening of the 10th of March 2026 in the House of Lords , and after having offered additional life peer appointments to Conservative peers, the Labour government has succeeded in finalising both what Tony Blair had started in 1999 with the House of Lords Act 1999, as well as one of its own manifesto pledges (at p. 108) by the end of the first Parliamentary session. With the remaining hereditary peers leaving the House of Lords, the House will be comprised solely of lifetime-appointments when peers and MPs gather for the State Opening of Parliament and the King’s Speech on 13 May.’

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UK Constitutional Law Association, 5th May 2026

Source: ukconstitutionallaw.org

‘Slavery in the UK is at record levels and is expected to worsen over the next decade, the government’s independent anti-slavery commissioner has warned.’

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The Guardian, 5th May 2026

Source: www.theguardian.com

‘The family of a “vulnerable” teenager who took her own life after saying she had been raped at work has called the closure of the police investigation a “huge miscarriage of justice”.’

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BBC News, 5th May 2026

Source: www.bbc.co.uk

‘Bristol City Council v CC & Ors [2026] EWCOP 19 (T3) is both an important and an interesting decision. It is important because Theis J set out a clear set of expectations instructing experts, and interesting because it is an example of what is now a rare beast, a contest as to whether circumstances gave rise to a deprivation of liberty. It also includes what is now an increasingly standard reminder that dividing care and residence decisions can frequently be artificial.’

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Mental Capacity Law and Policy, 2nd May 2026

Source: www.mentalcapacitylawandpolicy.org.uk

‘More than 7,000 Just Eat couriers are taking legal action against the food delivery company in an attempt to gain better employment rights including the minimum wage and holiday pay.’

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The Guardian, 4th May 2026

Source: www.theguardian.com

‘More and more young people are being drawn into the world of violent extremism, a senior police officer has warned after a young neo-Nazi caught in an undercover MI5 sting was convicted of planning a mass gun attack.’

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The Guardian, 30th April 2026

Source: www.theguardian.com

‘A rapist who had a “fascination” for forced sexual abuse has been jailed for 17 years for dragging a young woman into woods and assaulting her.’

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BBC News, 30th April 2026

Source: www.bbc.co.uk

‘Solicitors say they have been inundated with requests to serve last-minute section 21 no-fault eviction notices before they are banned when the Renters’ Rights Act comes into force in England on Friday.’

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The Guardian, 30th April 2026

Source: www.theguardian.com

‘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