Closing the Gaps – the failure of the law on health & safety at home – Nearly Legal

Posted November 15th, 2017 in bills, health & safety, housing, landlord & tenant, reports by tracey

‘Three months ago we wrote about a research project and report on housing and health and safety law being carried out for Shelter by legal academics from the Universities of Kent and Bristol. Now the report has been completed.’

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Nearly Legal, 14th November 2017

Source: www.nearlylegal.co.uk/blog/

Calls to Lower Voting Age Sidelined – But is There a Human Rights Argument? – Rightsinfo

Posted November 6th, 2017 in bills, elections, enfranchisement, human rights, news, treaties by tracey

‘MPs in Westminster today debated proposals to lower the voting age across the UK to 16 – but could there be a human rights argument for this?’

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Rightsinfo, 3rd November 2017

Source: rightsinfo.org

Government reiterates plans for EU-UK data flows post-Brexit amidst criticism of Data Protection Bill powers – OUT-LAW.com

‘The UK government has reiterated its plans to establish an agreement with the remainder of the EU member states that will allow personal data to flow across borders unhindered post-Brexit.’

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OUT-LAW.com, 30th October 2017

Source: www.out-law.com

Prisoners Will Finally Be Given The Vote, Say Reports – Rights Info

‘A limited number of prisoners will be allowed to vote ending the UK’s total ban on prisoners voting, according to reports.’

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Rights Info, 29th October 2017

Source: rightsinfo.org

Self-driving cars and “safety-critical” software updates – Technology Law Blog

‘As noted previously, the Automated and Electric Vehicles Bill currently under consideration by Parliament includes draft rules concerning the insurance of “automated” vehicles – being vehicles “designed or adapted to be capable, in at least some circumstances or situations, of safely driving themselves”. Tesla, Volvo, and BMW amongst others have already developed vehicles with limited self-driving capabilities, although fully autonomous vehicles (i.e. those actually capable of driving themselves) are still in the testing phase.’

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Technology Law Blog, 30th October 2017

Source: www.technology-law-blog.co.uk

Alison Young: Benkharbouche and the Future of Disapplication – UK Constitutional Law Association

Posted October 26th, 2017 in bills, conflict of laws, EC law, jurisdiction, news, Supreme Court, working time by sally

‘Last week, Lord Sumption delivered the majority decision of the Supreme Court on Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: Secretary of State for Foreign and Commonwealth Affairs and Libya v Janah. The case would have been heard in December of last year, but for the small matter of Miller, which caused the hearing to be moved to June of this year. Brexit and Miller, however, do not only seem to have affected the timing of the hearing. They have also affected its importance. What might have been originally anticipated as a potentially defining moment – where the Supreme Court confirmed that the EU’s Charter of Fundamental Rights and Freedoms could be used as a stand-alone cause of action to disapply primary legislation and explained how this could be achieved – was translated into an almost blasé statement by the court that ‘a conflict between EU law and English domestic law must be resolved in favour of the former, with the latter being disapplied; whereas the remedy in the case of inconsistency with Article 6 of the Human Rights Convention is a declaration of incompatibility.’ What might once have seemed controversial has become run of the mill. What has led to the casual acceptance of ‘disapplication’ of a UK statute; and what will happen to disapplication – and the Charter – post-Brexit?’

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UK Constitutional Law Association, 24th October 2017

Source: ukconstitutionallaw.org

Why, 50 years after the Abortion Act, it’s time to abolish the law altogether – The Guardian

Posted October 26th, 2017 in abortion, bills, news by sally

‘Half a century after abortions were legalised, women seeking terminations are still being stigmatised. It’s time to take abortion out of the criminal code and regulate it like any other healthcare measure.’

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The Guardian, 25th October 2017

Source: www.theguardian.com

Government called on to let data breach victims force compensation – The Guardian

Posted October 24th, 2017 in bills, compensation, consumer protection, data protection, news, victims by sally

‘Consumer organisation Which? is calling on the government to create new rights for people who have been the victims of a corporate data breach.’

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The Guardian, 24th October 2017

Source: www.theguardian.com

The Great Repeal Bill: What will happen to accrued rights to claim Francovich damages? – Blackstone Chambers

Posted October 20th, 2017 in bills, damages, EC law, human rights, news, repeals by sally

‘In the Miller litigation, the UK Government placed considerable weight upon its intention to enact a “Great Repeal Bill”. As the Supreme Court understood it, such a Bill would “…repeal the 1972 Act and, wherever practical, it will convert existing EU law into domestic law at least for a transitional period” (see the majority judgment at ¶34, see also ¶¶94, 263). Now that the European Union (Withdrawal) Bill has been published, it appears that Francovich damages are an important exception to this intention.’

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Blackstone Chambers, 3rd October 2017

Source: www.blackstonechambers.com

ECJ status post-Brexit – Counsel

Posted October 20th, 2017 in bills, EC law, interpretation, news by sally

‘Will the UK need to keep an eye on ECJ rulings after withdrawal? Rhodri Thompson QC examines the practical and political difficulties.’

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Counsel, October 2017

Source: www.counselmagazine.co.uk

UK withdrawal bill ‘rips the heart out of environmental law’, say campaigners – The Guardian

Posted October 18th, 2017 in bills, EC law, environmental protection, news by sally

‘The cornerstones of wildlife and habitat protection have been quietly left out of the withdrawal bill ripping the heart out of environmental law, campaigners say.’

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The Guardian, 17th October 2017

Source: www.theguardian.com

UK proposals for child data consent could be illegal, says peer – OUT-LAW.com

Posted October 12th, 2017 in bills, children, consent, data protection, internet, news by sally

‘Plans to make 13 the age at which children in the UK can consent to the processing of their data on social media websites and other online platforms “would almost certainly be illegal”, a UK peer has said.’

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OUT-LAW.com, 12th October 2017

Source: www.out-law.com

High-powered group of legal and constitutional experts to consider rule of law implications of Brexit Bill – Legal Futures

Posted October 9th, 2017 in bills, constitutional law, news, rule of law by sally

‘The Bingham Centre for the Rule of Law has put together a high-powered group of 26 legal, constitutional and other experts under the chairmanship of former Attorney General Dominic Grieve QC MP to consider the implications of the EU (Withdrawal) Bill for the rule of law.’

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Legal Futures, 9th October 2017

Source: www.legalfutures.co.uk

Merris Amos: Red Herrings and Reductions: Human Rights and the EU (Withdrawal) Bill – UK Constitutional Law Association

Posted October 4th, 2017 in bills, EC law, human rights, news by sally

‘When Parliament resumes next week, the EU (Withdrawal) Bill will be entering its Committee stage in the House of Commons. Whilst a variety of issues were raised during the Second Reading debates, the treatment of the EU Charter of Fundamental Rights caused particular concern. The purpose of this post is to clarify the status granted by the Bill to the human rights protected by the Charter after exit day, and to consider how the human rights protected by the Charter might continue to enjoy effective protection when retained EU law is converted into domestic law.’

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UK Constitutional Law Association, 4th October 2017

Source: ukconstitutionallaw.org

IP ‘threats’ law enters into force – Law Society’s Gazette

Posted October 3rd, 2017 in bills, intellectual property, news, trade marks by sally

‘A law that could help intellectual property owners assert their rights more freely came into force yesterday. The Intellectual Property (Unjustified Threats) Act 2017 curtails a legal remedy available to a party threatened with IP infringement.’

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Law Society's Gazette, 2nd October 2017

Source: www.lawgazette.co.uk

Home Office visa delays ‘inhumane’ – BBC News

Posted October 3rd, 2017 in bills, delay, immigration, news by sally

‘Economic migrants are living in administrative limbo without passports for up to two years because of Home Office delays, figures show.’

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BBC News, 3rd October 2017

Source: www.bbc.co.uk

Data law: don’t expect a soft start, lawyers warned – Law Society’s Gazette

‘Any hope that a tough new data protection regime will be enforced lightly at first were dashed this week by a senior figure at the Information Commissioner’s Office (ICO). The EU General Data Protection Regulation (GDPR) comes into force on 25 May next year, regardless of domestic legislation currently before parliament.’

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Law Society's Gazette, 29th September 2017

Source: www.lawgazette.co.uk

Plans for domestic violence register could save women’s lives – Daily Telegraph

‘An MP is to try to introduce a law to create a register of those convicted of domestic violence and make police warn new partners of a repeated offender’s violent past.’

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Daily Telegraph, 1st October 2017

Source: www.telegraph.co.uk

Oliver Butler: The Data Protection Bill and Public Authority Powers to Process Personal Data: Resurrecting Clause 152 of the Coroners and Justice Bill 2009? – UK Constitutional Law Association

Posted September 28th, 2017 in bills, data protection, EC law, local government, news, public interest by sally

‘The Data Protection Bill currently before Parliament substantially resurrects the controversial clause 152 of the Coroners and Justice Bill 2009. Careful scrutiny of this provision is needed and it must not be lost in the legislative morass as the UK grapples with data protection reform.’

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UK Constitutional Law Association, 28th September 2017

Source: ukconstitutionallaw.org

“All to play for” on Civil Liability Bill, personal injury leaders say – Legal Futures

Posted September 20th, 2017 in bills, damages, news, personal injuries, small claims by sally

‘Leading personal injury lawyers told yesterday’s PI Futures conference that there is “all to play for” on the Civil Liability Bill as a “nervous” governments seeks to avoid a damaging parliamentary defeat.’

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Legal Futures, 20th September 2017

Source: www.legalfutures.co.uk