‘A former salaried partner, permitted by an employment tribunal earlier this year to sue her law firm as an employee, has lost all but one of her claims.’
Legal Futures, 9th October 2019
Source: www.legalfutures.co.uk
‘Customers who were mis-sold loans by the collapsed payday lender Wonga are expected to receive less than 10% of what they are owed in compensation after administrators revealed that only £41m will be put aside for claimants.’
The Guardian, 9th October 2019
Source: www.theguardian.com
‘The death of a newborn baby whose mother gave birth alone at Britain’s largest women’s prison is the subject of 10 investigations, a justice minister has told the Commons.’
BBC News, October 2019
Source: www.bbc.co.uk
‘The government’s failure to reform outdated legislation caused some EU citizens in the UK and British citizens overseas to lose their vote in the European elections in May, the Electoral Commission has concluded.’
The Guardian, 8th October 2019
Source: www.theguardian.com
‘Boris Johnson seems caught in an impossible bind. The European Union (Withdrawal) (No. 2) Act – the Benn Act for short – obliges him to seek an extension of Article 50 on 19 October. He can extend, honour the law, but break his promises. He can refuse to extend, honour his promises, but break the law. Or he can resign. The Benn Act appears to trap the Prime Minister between these unpalatable options. Nevertheless, he may be able to escape. For the Act may ask the impossible.’
UK Constitutional Law Association, 1st October 2019
Source: ukconstitutionallaw.org
‘A court has no power to require Cafcass to appoint one of its officers, whether a children’s guardian or otherwise, to undertake any work with or play any role with a non-subject child, a High Court judge has concluded.’
Local Government Lawyer, 1st Octoer 2019
Source: www.localgovernmentlawyer.co.uk
‘The Sun newspaper has apologised to the Duke and Duchess of Sussex after the press regulator ruled it had breached accuracy guidelines in an article about an alleged staff parking ban at their home.’
The Guardian, 30th September 2019
Source: www.theguardian.com
‘On 24 September, the UK Supreme Court unanimously ruled that the Prime Minister’s advice to prorogue Parliament was unlawful, and that the resulting Order in Council and subsequent prorogation were ‘null, void and of no effect’. The litigation on the justiciability of prorogation and the lawfulness of the Prime Ministerial advice has led to one of the most engaging constitutional cases of recent times. As observers at the High Court and Supreme Court hearings, this post considers the context of the ruling, and certain striking implications of the judgment for the current and future Prime Ministers.’
UK Constitutional Law Association, 2nd October 2019
Source: ukconstitutionallaw.org
‘Lord Neuberger, former president of the Supreme Court, has told expert witnesses that they can learn from the “impartial” way the court handled the Brexit case.’
Litigation Futures, 2nd October 2019
Source: www.litigationfutures.com
‘For at least four centuries the courts have contested the claims of monarchs to untrammelled authority. ‘The king,’ Chief Justice Coke said in 1611, ‘hath no prerogative but what the law of the land allows him.’ Although the historic settlement of 1688-89, which gave us today’s constitutional monarchy, left in existence a wide swathe of prerogative powers, these have become subject to two governing principles. One is that they cannot be enlarged. The other is that both their constitutional extent and their lawful use are subject to judicial review. If the rule of law is to mean anything, it has to mean this.’
London Review of Books, 10th October 2019
Source: www.lrb.co.uk
‘Lawyers are optimistic about the success of a new international convention designed to make the enforcement of court judgments easier across jurisdictions.’
Law Society's Gazette, 1st October 2019
Source: www.lawgazette.co.uk
‘In a succinct and surprisingly unanimous judgment in Miller and Cherry [2019] UKSC 41 the UK Supreme Court delivered an unprecedented rebuke to the Prime Minister in deciding that he had not shown “any reason – let alone a good reason” to advise the Queen to prorogue Parliament, ruling that the prorogation was unlawful, void and of no effect. While the Court was anxious (and perhaps over-eager) to stress that the judgment was a “one-off”, constitutional lawyers have and will continue to debate the far-reaching effects of the ruling on the UK Constitution for decades to come. One discrete point that will divide commentators is the precise juridical basis for the decision, with eyebrows raised at the repeated appeals by the Court to common law constitutionalism in arriving at its decision. Aiden O’Neill QC, for the Cherry respondents referenced the landmark Marbury v Madison ruling of the US Supreme Court to highlight the significance of Wightman v Brexit Secretary and perhaps remind the Supreme Court of the momentousness of the prorogation appeals before it. Indeed, commentators have made comparisons between the UK Supreme Court and the US Supreme Court in the course of the increasingly fraught recent constitutional cases. While such comparisons may mushroom in the days (and years) to come, I argue that a tellingly apposite comparison in the underlying ratio of Miller and Cherry lies with a constitutional court on the other side of the world: The Supreme Court of India.’
UK Constitutional Law Association, 1st October 2019
Source: ukconstitutionallaw.org
‘The Independent Inquiry into Child Sexual Abuse (IICSA) is holding a public hearing in the Residential Schools investigation from 30 September – 11 October. The scope of the investigation is here; the hearing will examine child sexual abuse in residential music and special schools, as well as institutional responses and safeguarding procedures. The first week will focus on residential music schools: Chetham’s School of Music; Wells Cathedral School; Yehudi Menuhin School; and Purcell School. These schools were chosen “because of the issues arising from their specialist nature, including one-to-one tuition, an intimate atmosphere and an imbalance of power in teacher/pupil relationships”. Residential special schools will be examined in the second week of the hearing, including Appletree School, Southlands School, Stony Dean, Stanbridge Earls and Royal School Manchester.’
Law & Religion UK, 30th September 2019
Source: www.lawandreligionuk.com
‘Scotland Yard is to publish the long awaited report by Sir Richard Henriques into its disastrous handling of the Operation Midland investigation on Friday, it has confirmed.’
Daily Telegraph, 1st October 2019
Source: www.telegraph.co.uk
‘The copy of Lady Chatterley’s Lover used by the judge in the landmark 1960 obscenity trial is to remain in the UK, after the University of Bristol stepped forward to augment the money raised by a crowdfunding campaign backed by writers including Neil Gaiman and Stephen Fry.’
The Guardian, 1st October 2019
Source: www.theguardian.com
‘Rory Thomson, a senior associate in the Insurance and Reinsurance Group at CMS, previews the appeal pending in the case of Edwards v Hugh James Ford Simey (a firm). The case concerns the correct approach to the assessment of damages in a claim for loss of chance arising from solicitors’ negligence, and the extent to which a court should admit evidence obtained after the date of settlement of the original claim as part of that assessment. The appeal was heard by the UK Supreme Court on 25 July 2019, and its judgment is currently awaited.’
UKSC Blog, 30th September 2019
Source: ukscblog.com
‘More than 200,000 people aged 60 to 74 suffered domestic abuse in England and Wales in one year, according to new figures from Age UK, which warned that the total could be higher due to unrecorded abuse.’
The Guardian, 2nd October 2019
Source: www.theguardian.com
‘This is worth a quick note from some comments and questions I have received after this post on a Rent Repayment Order (RRO). The issue is about the meaning of the requirement that an application for an RRO is brought within 12 months of a relevant offence.’
Nearly Legal, 30th September 2019
Source: nearlylegal.co.uk
‘The Solicitors Regulation Authority (SRA) was wrong to sanction a senior finance partner at City giant Hogan Lovells for discriminating against his children’s pregnant nanny, a leading regulatory QC has said.’
Legal Futures, 1st October 2019
Source: www.legalfutures.co.uk
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