‘Whistleblowing’ judge wins landmark appeal at Supreme Court – BBC News

‘A judge, who says she was bullied and had a breakdown after speaking out about government cuts, has won a landmark appeal at the Supreme Court.’

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BBC News, 16th October 2019

Source: www.bbc.co.uk

Review lays ground for both hybrid and defendant DBAs – Litigation Futures

Posted October 16th, 2019 in costs, damages, fees, news, regulations by sally

‘Changes to the damages-based agreement (DBA) regulations, including opening them up to defendants and allowing hybrid DBAs, have been put forward by an independent review – with the approval of Sir Rupert Jackson.’

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Litigation Futures, 16th October 2019

Source: www.litigationfutures.com

Man jailed for killing partner’s dog to ‘get back at her’ – BBC News

Posted October 16th, 2019 in animal cruelty, dogs, domestic violence, news, sentencing by sally

‘A man who killed his partner’s dog and hurt another so badly it had to be put down to “get back at her” has been jailed for two years.’

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BBC News, 15th October 2019

Source: www.bbc.co.uk

No-Deal Brexit: EU Citizens Could Gain New Appeal Rights – Rights Info

Posted October 16th, 2019 in appeals, bills, brexit, citizenship, freedom of movement, immigration, news by sally

‘EU citizens and their family members could gain the right to appeal decisions on their applications for settled status in the event of a no-deal Brexit.’

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Rights Info, 15th October 2019

Source: rightsinfo.org

UK vulnerable to malicious meddling in election, warns study – The Guardian

Posted October 16th, 2019 in elections, fraud, internet, news, political parties, referendums by sally

‘Britain needs to take concerted action to reduce the risk of malicious actors in the UK and abroad from contaminating the results of a looming general election, according to a new study that warns of the risks of public “abuse and deception”.’

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The Guardian, 16th October 2019

Source: www.theguardian.com

The connection between online hate speech and real-world hate crime – OUP Blog

‘Online hate speech is on the rise. All available academic and government sources indicate a year on year increase in the number of people being exposed to hateful content on social media, online news item comments, and websites. Over half (53%) of UK adult Internet users reported seeing hateful content online in 2018, an increase from 47% in 2017. In 2016, 34% of 12-15-year olds recalled seeing hateful content online. This figure increased to 45% in 2018. Of those who witnessed online hate, less than half took action in relation to the most recent incident.’

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OUP Blog, 12th October 2019

Source: blog.oup.com

Master urges APIL and FOIL to agree recordings protocol – Litigation Futures

‘A High Court master has urged the Association of Personal Injury Lawyers and the Forum of Insurance Lawyers to agree a protocol to govern the recording of medico-legal examinations.’

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Litigation Futures, 15th October 2019

Source: www.litigationfutures.com

Ann Marie Pomphret stables murder: Husband jailed for life – BBC News

Posted October 16th, 2019 in domestic violence, murder, news, sentencing by sally

‘A man who battered his wife to death with a crowbar during a row has been jailed for a minimum of 20 years.’

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BBC News, 15th October 2019

Source: www.bbc.co.uk

#MeToo and the justice system: complaints up, but convictions down – The Guardian

‘The clearest impact of the #MeToo movement on the British justice system has been a sharp rise in the number of complaints made to police of rape and sexual assault over the past two years.’

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The Guardian, 15th October 2019

Source: www.theguardian.com

Case Preview: Gilham v Ministry of Justice Part Two – UKSC Blog

‘Ms Gilham appealed on all three grounds. She also appears to raise the distinct but related question whether she can bring her claim as a ‘Crown employee’ within the meaning of the ERA, s191.’

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UKSC Blog, 9th October 2019

Source: ukscblog.com

Case Preview: Gilham v Ministry of Justice Part One – UKSC Blog

‘Claire Gilham is a district judge. She claims that she was subjected to various detriments as a result of making complaints about her judicial workload and the poor management of the courts.’

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UKSC Blog, 9th October 2019

Source: ukscblog.com

Finnian Clarke: Habeas Corpus and the Nature of “Nullity” in UK Public Law – UK Constitutional Law Association

‘In the case of The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill – A Reference by the Attorney General and the Advocate General for Scotland, the Supreme Court briefly directed its focus to its understanding of the nature of “nullity” following a finding of administrative unlawfulness. Its approach surprised some commentators, but in this post I will suggest that, far from being completely novel, the distinctions it appears to draw are familiar within the law of habeas corpus. This comparison will, I suggest, cast light upon the shifting and somewhat complex idea of “nullity” in UK public law.’

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UK Constitutional Law Association, 8th October 2019

Source: ukconstitutionallaw.org

The UK Supreme Court’s “One Off” Judgment – Oxford Human Rights Hub

‘It was a “one off”. A conclusive determination on a series of seismic constitutional clashes: representative democracy versus direct democracy, the executive versus Parliament, and the role of the Court in the separation of powers. Judges examining the constitution against a seething political background. But the lions emerged from beneath the throne, unanimously, in a judgment that unlocked the doors of Parliament and clearly, soberly reasserted our sovereign legislature.’

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Oxford Human Rights Hub, 9th October 2019

Source: ohrh.law.ox.ac.uk

Cafcass backs renewed focus on pre-proceedings work in public law children cases – but rejects direct role – Local Government Lawyer

‘Cafcass has said it supports a renewed focus on pre-proceedings work and managing risk in public law children cases, with more emphasis on gaining and recording the wishes and feelings of children at that stage.’

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Local Government Lawyer, 9th October 2019

Source: www.localgovernmentlawyer.co.uk

Trade union firm faces trade union-organised strike – Legal Futures

Posted October 9th, 2019 in budgets, costs, employment, law firms, news, personal injuries, remuneration, trade unions by sally

‘Leading trade union law firm Thompsons is facing a strike over pay – and pickets lines at its offices across the country – organised by a trade union.’

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Legal Futures, 9th October 2019

Source: www.legalfutures.co.uk

The Four Categories of Risk to Rights in the Brexit Process – Oxford Human Rights Hub

Posted October 9th, 2019 in brexit, EC law, human rights, news by sally

‘Writing only weeks before the (re)scheduled date of UK withdrawal from the EU, there seems little of which to be certain: it is still uncertain whether the UK will withdraw on a ‘No-Deal’ basis, or under a Withdrawal Agreement. Whatever the process of withdrawal, however, there should be no doubt that it will have a negative impact on the system of rights protection in the UK. Beyond the immediate loss of rights and remedies which arise directly from EU membership, the legal process of withdrawal has already indicated this negative impact: under the European Union (Withdrawal) Act 2018, the EU Charter of Fundamental Rights will not be retained, just as general principles (including recognisably fundamental rights) are retained only where they have been recognised by EU case law but given no right of action or remedy. The 2018 Act also follows similar Brexit legislation in delegating wide legislative power to the executive (unprecedented in scale and scope) to amend or repeal retained EU law. While the cumulative effect of Brexit is as yet near-impossible to fully gauge, the aim of this post is to introduce four categories of risk to the protection of rights posed by the Brexit process.’

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Oxford Human Rights Hub, 7th October 2019

Source: ohrh.law.ox.ac.uk

Sex offender: ‘I’ve never had so many deviant thoughts’ – BBC News

‘In 2017, the government’s flagship treatment scheme for people convicted in England and Wales of rape or child sexual abuse was scrapped after it was shown to raise the risk of reoffending. Two sex offenders have told BBC Radio 4’s File on 4 programme what it was like to take part in the rehabilitation programme.’

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BBC News, 8th October 2019

Source: www.bbc.co.uk

High Court rules delving into women’s pension pots is not discriminatory – UK Human Rights Blog

Posted October 9th, 2019 in age discrimination, equality, news, notification, pensions, sex discrimination, women by sally

‘In a judgment handed down on 3rd October, the High Court has ruled that successive statutes between 1995 and 2014, which legislated to equalise the state pension age between men and women were not discriminatory. The High Court also determined that it was not a matter for the courts to conclude whether the steps taken to inform those affected by the changes in the state pension age for women were inadequate or unreasonable.’

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UK Human Rights Blog, 9th October 2019

Source: ukhumanrightsblog.com

Supreme Court to hear Mastercard CPO appeal – Litigation Futures

Posted October 9th, 2019 in appeals, banking, class actions, EC law, fees, news, Supreme Court by sally

‘The Supreme Court has granted Mastercard permission to appeal against the Court of Appeal ruling that kept the massive £14bn class action over interchange fees alive.’

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Litigation Futures, 8th October 2019

Source: www.litigationfutures.com

Carl Beech: Judge suggests he was ‘misled’ over VIP abuse search warrants – BBC News

‘A judge who granted search warrants in the Met’s discredited VIP paedophile inquiry has agreed with a report that concluded he was “misled” by police.’

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BBC News, 9th October 2019

Source: www.bbc.co.uk