‘The attorney general has been urged to examine the sentencing remarks of a judge who freed a man guilty of domestic abuse because he did not believe the victim was vulnerable.’
The Guardian, 27th March 2017
Source: www.guardian.co.uk
‘The government would certainly prefer a “great” repeal, but they would be wise to make it an ordinary one. Four years ago I published an analysis piece in Public Law (April 2013) about the need to prevent political language in legislation, and especially in relation to statutory titles. In short, I could find little guidance in a host of official Parliamentary and drafting documents that would curtail overtly political statutory language, and especially in the presentational aspects of bills and statutes, such as short titles. When it came down to it, if a minister desired a particular title for their Bill, they could strong-arm drafters into getting their way—although, there could be pushback from House Authorities, such as the Speaker. The most recent version of Erskine May (2011) notes that short titles must “describe the bill in a straightforwardly factual manner. An argumentative title or slogan is not permitted” (p 526). In reality, however, ministers “may for presentational reasons have strong views about the short title and the structure of the bill”, and attempt to assert their authority (Cabinet Office Guide to Making Legislation, 9.71). Indeed, it is this unique convergence of law and policy that makes the process of drafting so interesting.’
UK Constitutional Law Association, 28th March 2017
Source: www.ukconstitutionallaw.org
‘Virtually all law firms serving the insurance industry have lost business in recent years amid “a high level of disruption driven by major changes in the underwriting businesses they support”, new research has found.’
Litigation Futures, 27th March 2017
Source: www.litigationfutures.com
‘The Law Society has launched a new mental capacity accreditation for legal representatives serving the Court of Protection.’
Local Government Lawyer, 27th March 2017
Source: www.localgovernmentlawyer.co.uk
‘The prisons and probation ombudsman has hit out at a “lack of concerted and sustained action” following a rise in the number of suicides among female prisoners.’
The Guardian, 28th March 2017
Source: www.guardian.co.uk
‘The McKenzie Friend Marketplace (MFM), which hopes to help hundreds of law students find paid work offering legal services, has responded to criticism from practitioners by announcing that it will ban active students from providing legal advice – although they will be able to give clients other types of support.’
Legal Futures, 28th March 2017
Source: www.legalfutures.co.uk
‘The Financial Conduct Authority (FCA) did not improperly identify a manager at an investment bank in its final notice imposing a fine on that bank for losses incurred in a particular part of the business, the Supreme Court has ruled.’
OUT-LAW.com, 27th March 2017
Source: www.out-law.com
‘This was an appeal against an order that Canal and River Trust could remove Mr Jones boat from a canal near Bradford on Avon, under its powers under s.8 of the British Waterways Act 1983 and s.13 of the British Waterways Act 1971. Mr J had advanced a defence of breach of article 8 European Convention on Human Rights.’
Nearly Legal, 26th March 2017
Source: www.nearlylegal.co.uk
‘Royal Marine who is in prison for the fatal shooting of a Taliban fighter in Afghanistan finds out today if he is to be freed or must serve more time behind bars.’
Daily Telegraph, 28th March 2017
Source: www.telegraph.co.uk
‘At least £3bn in child maintenance payments ordered by the former Child Support Agency (CSA) may never be paid, the Whitehall spending watchdog has said.’
The Guardian, 28th March 2017
Source: www.guardian.co.uk
‘Tesco has agreed to pay a fine of £129m to avoid prosecution for overstating its profits in 2014.’
BBC News, 28th March 2017
Source: www.bbc.co.uk
‘A new independent surveillance procedure to prevent police officers granting themselves permission to access personal emails and records of web-browsing history is being established by the government.’
The Guardian, 28th March 2017
Source: www.guardian.co.uk
‘The issue of costs budgets continues to occupy court time with The Honourable Mrs Justice Carr DBE the latest, and most senior, judge to give consideration to what, if any, weight an approved costs budget had when the bill of costs was the subject of a detailed assessment.’
Litigation Futures, 22nd March 2017
Source: www.litigationfutures.com
‘Some local authorities are no longer fulfilling their statutory duties to children and nearly nine out of ten local authorities are finding it “increasingly challenging”, according to a new report from the All Party Parliamentary Group on Children.’
Local Government Lawyer, March 2017
Source: www.localgovernmentlawyer.co.uk
‘The Appellant (the sixth Defendant in proceedings regarding the bankruptcy of her father) sought relief from sanctions after her application for permission to appeal was struck out for failure to provide a transcript of the judgment.’
Zenith PI Blog, 21st March 2017
Source: www.zenithpi.wordpress.com
‘On 27th February, Elizabeth Truss announced her decision to lower the Discount Rate from 2.5% to minus 0.75% in accordance with the law and in her capacity as independent Lord Chancellor.’
Litigation Futures, 23rd March 2017
Source: www.litigationfutures.com
‘Theresa May is to trigger Article 50 on 29 March 2017, kicking off the two-year negotiation period during which the relationship between the UK and the EU will be redefined. On 12 March the House of Commons Foreign Affairs Committee published their ninth report of the current session: ‘Article 50 negotiations: Implications of ‘no deal’’. This is the first Select Committee publication focusing specifically on the implications faced by the UK in the event of a ‘no deal’ situation, with reference to a range of different sectors, policy areas and circumstances. Last week the concerns raised in the report as to the Government’s position or rather the apparent lack thereof regarding ‘no deal’ implications seemed to be confirmed when the Secretary of State for Exiting the European Union made headlines telling the Brexit Select Committee that the Government had done no economic assessment of the possible effects of a “no deal” scenario. On 24 January 2017, similar remarks were made when Davis said that there were so many different things to assess, considering implications of ‘no deal’ would be ‘nothing more than an exercise in guesswork at this stage’. In this post I will highlight the most interesting points raised in the report which go to show that, contrary to what the Government suggests, it is actually both possible and vital to assess what areas require particular attention and what challenges this would bring. Beyond the question of ‘no deal’ implications, there are various aspects that the report touches upon which would benefit from academic discussion.’
UK Constitutional Law Association, 24th March 2017
Source: www.ukconstitutionallaw.org
‘Amended draft legislation to restrict tax relief for interest payments includes changes to a new ‘public infrastructure’ exemption which will be helpful for infrastructure and real estate companies, according to a tax expert.’
OUT-LAW.com, 21st March 2017
Source: www.out-law.com
‘Government evidence in a rendition case will be heard in secret for the first time following a high court ruling.’
The Guardian, 23rd March 2017
Source: www.guardian.co.uk
‘A High Court master has allowed a party’s bid to withdraw a part 36 offer ahead of the new discount rate coming into force on Monday, even though they used a defective method to deliver it.
Litigation Futures, 23rd March 2017
Source: www.litigationfutures.com
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