Should billboard advertising be banned? – BBC News
‘Campaigner Charlotte Gage says that the outdoor adverts you see on billboards and bus stops should all be removed.”
BBC News, 8th September 2022
Source: www.bbc.co.uk
Author: sally
Joint Enterprise Bill Passes First Hearing – Each Other
‘On 6 September a Private Members’ Bill calling for fairer appeal processes passed its first reading in the House of Commons. The Criminal Appeal (Amendment) Bill or ‘Joint Enterprise’ Bill, calls for a fairer appeals process for those who remain detained on remand and convicted by joint enterprise will now progress to a second reading later this year. The landmark Bill will help those detained by joint enterprise to invoke their right to a fair trial, which is enshrined in the Human Rights Act (HRA).’
Each Other, 7th September 2022
Source: eachother.org.uk
Man pleads guilty to murder of Canadian teenager in Essex – The Guardian
‘A man has admitted killing a Canadian teenager he had met on a dating app.’
The Guardian, 7th September 2022
Source: www.theguardian.com
Domestic abuse: Forensic marker spray helps victims rebuild lives – BBC News
‘A domestic abuse victim is slowly rebuilding her life thanks in part to a forensic marker spray she has been given by West Yorkshire Police. The gadget is to be used if her abuser shows up, and other police forces are under growing pressure to adopt similar measures.’
BBC News, 8th September 2022
Source: www.bbc.co.uk
Raab’s human rights reform shelved – Law Society’s Gazette
‘Dominic Raab’s hopes of making reform of the Human Rights Act the legacy of his period as lord chancellor have been been dashed, according to news reports this afternoon. The Bill of Rights Bill has been shelved while the government reviews “the most effective means to deliver objectives through our legislative agenda”, a source told the BBC’s political editor.’
Law Society's Gazette, 7th September 2022
Source: www.lawgazette.co.uk
Truss risks fresh row with EU over workers’ rights, say legal experts – The Guardian
‘Liz Truss risks igniting another row with the EU which could lead to tariffs on British exports if she tries to dilute workers’ rights too much, legal experts and union leaders have said.’
The Guardian, 6th September 2022
Source: www.theguardian.com
Joshua Jowitt: Some Thoughts on the Animal Welfare (Sentience) Act 2022 – UK Constitutional Law Association
‘The Animal Welfare (Sentience) Act 2022 is a short piece of legislation of only six sections. The main purpose of the Act is the creation of a new Animal Sentience Committee (s.1; hereafter “ASC”). Comprised of independent, non-partisan experts from a range of relevant fields, their role is to scrutinise the extent to which the formulation or implementation of government policy has paid “due regard to the ways in which the policy might have an adverse effect on the welfare of animals as sentient beings” (s.2(2)). Although the actual impact of the Act is as yet uncertain – to be expected given that, at the time of writing, the membership of the ASC has yet to be formally announced by the Department for Environment, Food and Rural Affairs – I hope that this post will show why the future operation of the ASC is not only of interest to Animal Lawyers, but to Public Lawyers more broadly.’
Constitutional Law Association, 7th September 2022
Source: ukconstitutionallaw.org
Justice system ‘put at risk’ by Ministry of Justice’s data-sharing project – Daily Telegraph
‘UK courts’ software system is accused of unlawful detentions and wrongful arrests, and whistle-blowers say the system is faulty and unsafe.’
Daily Telegraph, 7th September 2022
Source: www.telegraph.co.uk
Government facing judicial review amid claims it ignored Examining Authority advice before green lighting nuclear power plant development – Local Government Lawyer
‘A campaign group has issued legal proceedings against the Government challenging its decision to allow the Sizewell C Nuclear Power Station to go ahead against the advice of the planning Examining Authority (EA).’
Local Government Lawyer, 6th September 2022
Source: www.localgovernmentlawyer.co.uk
Man, 90, not guilty of attempting to murder wife- BBC News
A 90-year-old man has been found not guilty of trying to murder his unwell wife, after she woke him up one night.
BBC News, 6th September 2022
Source: www.bbc.co.uk
Camelot drops UK national lottery legal challenge – The Guardian
‘Camelot has dropped its appeal against a legal ruling over the handover of its licence to operate the UK’s national lottery to its rival Allwyn.’
The Guardian, 6th September 2022
Source: www.theguardian.com
Stuart Wallace: Human Rights Claims and Overseas Military Operations: Will Clause 14 of the Bill of Rights Bill Really Limit Victims’ Access to British Courts? – UK Constitutional Law Association
‘Clause 14 of the Bill of Rights Bill, currently progressing through the UK parliament, introduces a total ban on individuals bringing a human rights claim, or relying on a Convention right, in relation to overseas military operations. As I have argued elsewhere, this is a retrograde development in the law. Thankfully, the clause may never enter into force. This is because under clause 39(3) of the Bill the Secretary of State may only bring clause 14 into force if the Secretary of State “is satisfied (whether on the basis of provision contained in an Act passed after this Act or otherwise) that doing so is consistent with the United Kingdom’s obligations under the Convention”. There is an implicit recognition here that, in its current form, implementing clause 14 would not be compatible with the UK’s ECHR obligations and that it would need something else to happen to make it compatible. There are three possible options here.’
UK Constitutional Law Association, 6th September 2022
Source: ukconstitutionallaw.org
Liz Truss: The New Prime Minister’s Human Rights Record – Each Other
‘Liz Truss has just been voted by Conservative peers and members to be the next prime minister. The former secretary of state for foreign, commonwealth and development affairs has a track record of voting against human rights progression in the UK and as prime minister will be involved in policy decisions that will radically change rights protections. The first targets? Replacing the Human Rights Act (HRA) with a Bill of Rights and potentially withdrawing from the European Convention on Human Rights.’
Each Other, 5th September 2022
Source: eachother.org.uk
Emily Maitlis stalker jailed for eight years over letters sent from prison – The Guardian
‘A stalker who has had a three-decade fixation with the former BBC Newsnight presenter Emily Maitlis has been jailed for eight years after attempting to breach a restraining order for the 20th time.’
The Guardian, 5th September 2022
Source: www.theguardian.com
First Tier Tribunal (Tax Chamber) – Payment of Tax or Hardship Application not Required to Lodge Notice of Appeal – 23 Essex Street
‘On 19 May 2017 HMRC decided that SNMP was not entitled to repayments of input tax claimed in respect of ten accounting periods and issued assessments for £312,377. That decision was later confirmed following a statutory review under sections 83A-G Value Added Tax Act 1994 (“VATA”). The solicitors for SNMP submitted a notice of appeal on 18 August 2017 but an application for hardship was not made nor had the amount in dispute been paid. As a consequence the FTT returned the appeal. The solicitors for SNMP re-submitted the appeal on 31 August 2017 but the disputed tax had still not been paid and neither had a hardship application been made. On the same date the FTT returned the appeal for the same reason as before by e-mail. Unfortunately the FTT used the wrong e-mail address for the solicitor and it was never received.’
23 Essex Street, 25th August 2022
Source: www.23es.com
Craig Barlow & Olivia Beach succeed in judicial review of Secretary of State for the Home Department’s unreasonable delay relocating the Claimant, breaching her Section 4(2) duty – 33 Bedford Row
‘Craig Barlow and Olivia Beach, a second six pupil in Chambers, have succeeded in a judicial review challenging the Secretary of State for the Home Department’s (“SSHD”) unreasonable delay in relocating the Claimant who suffers from severe medical issues.’
33 Bedford Row, 17th August 2022
Source: www.33bedfordrow.co.uk
What impact might the Bill of Rights have on freedom of expression cases? Part II – Constitutional Law Matters
‘In this second post, Godwin Busuttil explains how the proposed Bill of Rights would change how courts were required to interpret the scope of Convention rights in the freedom of expression context. The Bill if enacted would mean that UK courts no longer needed to take account of decisions of the European Court of Human Rights. UK courts would also be expected generally not to interpret Convention rights in a way that was more expansive than interpretations placed upon those rights by the European Court of Human Rights. However, they would be allowed to do so when this was to protect freedom of expression.’
Constitutional Law Matters, 24th August 2022
Source: constitutionallawmatters.org
What impact might the Bill of Rights have on freedom of expression cases? Part I – Constitutional Law Matters
‘In the first of two posts, Godwin Busuttil, a barrister at 5RB specialising in media and communications law, sets out how the Bill of Rights Bill may change the law relating to freedom of expression. Convention rights can be used to protect freedom of speech by protecting journalists from having to reveal their sources. This helps to promote freedom of expression as it means journalists can print stories without concerns that legal action may be taken against their source – e.g. if they have leaked a story that is in the public interest – which in turn would risk such sources ‘drying up’.’
Constitutional Law Matters, 23rd August 2022
Source: constitutionallawmatters.org
How can parents minimise the impact of separation on children with SEND? – 3PB
‘Anthony Collins Solicitors’ associate solicitor Kadie Bennett and 3PB’s specialist family and education law barrister Aimee Fox look at Children Act proceedings and the considerations that parents of a child with SEND may find helpful.’
3PB, September 2022
Source: www.3pb.co.uk
