MoJ calls for evidence on new personal injury discount rate – Litigation Futures

‘The Ministry of Justice (MoJ) has issued a call for evidence on the new personal injury discount rate to be set under what will soon be the Civil Liability Act.’

Full Story

Litigation Futures, 10th December 2018

Source: www.litigationfutures.com

Government agrees to bring in new Mental Health Bill after independent review – Local Government Lawyer

Posted December 11th, 2018 in bills, detention, mental health, news by sally

‘The government has unveiled plans to introduce a new Mental Health Bill after accepting two key recommendations from an independent review of the Mental Health Act 1983.’

Full Story

Local Government Lawyer, 10th December 2018

Source: www.localgovernmentlawyer.co.uk

Government-commissioned review recommends legal aid for bereaved families – Law Society’s Gazette

‘The government has announced that it will introduce a new mental health bill following today’s publication of the findings of an independent review into the Mental Health Act 1983. However it is silent on the review’s recommendation that bereaved families should receive non-means tested legal aid – despite already pledging to accept two other recommendations.’

Full Story

Law Society's Gazette, 6th December 2018

Source: www.lawgazette.co.uk

Court service call centres “improving justice”, says minister – Litigation Futures

Posted December 6th, 2018 in bills, civil justice, courts, criminal justice, judiciary, news by sally

‘Justice minister Lucy Frazer has defended the role of call centres in the justice system during the committee stage of the Courts and Tribunals (Judiciary and Functions of Staff) Bill.’

Full Story

Litigation Futures, 6th December 2018

Source: www.litigationfutures.com

Courts Bill: judges will decide what powers they farm out, says Gauke – Law Society’s Gazette

Posted November 29th, 2018 in bills, courts, judiciary, legal services, news, standards by tracey

‘The independence of the judiciary will be retained despite some of their functions being delegated to court staff without legal qualifications, the government has promised MPs.
Speaking yesterday during the second reading of the Courts and Tribunals (Judiciary and Functions of Staff) Bill, justice secretary David Gauke said measures will provide the flexibility and responsiveness needed within the court system.’

Full Story

Law Society's Gazette, 28th November 2018

Source: www.lawgazette.co.uk

Changes to spousal maintenance to be proposed tomorrow – Family Law

Posted November 23rd, 2018 in bills, divorce, families, financial provision, news, select committees by sally

‘Tomorrow, a Bill brought by Baroness Deech in the House of Lords will reach the committee stage. The Bill seeks to amend the Matrimonial Causes Act 1973 with regard to financial settlements following divorce. The Bill proposes introducing a fixed-term limit for spousal maintenance, among other things. Some family lawyers are warning the Bill’s provisions are unnecessary, arbitrary and risk unfairness.’

Full Story

Family Law, 22nd November 2018

Source: www.familylaw.co.uk

Peers question government’s approach to Civil Liability Bill – Legal Futures

Posted November 20th, 2018 in bills, constitutional law, news, personal injuries, regulations, select committees by sally

‘The government should only reject peers’ advice about the use of secondary legislation to enact key parts of legislation like the Civil Liability Bill if there are “clear and compelling reasons”, the House of Lords constitution committee said today.’

Full Story

Legal Futures, 20th November 2018

Source: www.legalfutures.co.uk

Theresa May forced into embarrassing climbdown on fixed-odds betting terminals – The Independent

Posted November 15th, 2018 in bills, gambling, limitations, news by tracey

‘Theresa May has been forced into an embarrassing climbdown as ministers announced they would bring forward curbs to tackle highly addictive fixed-odd betting terminals in the face of considerable opposition from MPs and campaigners.’

Full Story

The Independent, 14th November 2018

Source: www.independent.co.uk

Child Marriage Survivors Say UK Law Legitimises ‘Terrible’ Abuse – Rights Info

Posted November 5th, 2018 in age of consent, bills, children, forced marriages, marriage, news, statistics by sally

‘When Zee was 13, she returned from school one day to find an engagement party under way at her home in northern England, but her excitement at the celebrations quickly turned to shock.’

Full Story

Rights Info, 2nd November 2018

Source: rightsinfo.org

Stephen Tierney: Governing Northern Ireland without an Executive: Quick Fix or Constitutional Minefield? – UK Constitutional Law Association

Posted October 31st, 2018 in bills, civil servants, constitutional law, news, Northern Ireland, public interest by sally

‘The Northern Ireland (Executive Formation and Exercise of Functions) Bill, which arrives in the House of Lords today, is set to be enacted by way of fast-track legislative procedure this week. The Bill intends to facilitate the formation of an Executive in Northern Ireland while providing for the exercise of executive functions by civil servants in the interim. In effect, the Bill suspends the statutory duty on the Secretary of State to call a Northern Ireland Assembly election. This is little more than a continuation of the present situation in which the UK Government has kept administration in Northern Ireland ticking over since March 2017. Much more controversially, the Bill gives civil servants within Northern Ireland departments general powers for the administration of Northern Ireland, introducing a public interest test for the exercise of these powers.’

Full Story

UK Constitutional Law Association, 30th October 2018

Source: ukconstitutionallaw.org

MPs and peers demand changes to Mental Capacity (Amendment) Bill – Local Government Lawyer

‘The Mental Capacity (Amendment) Bill requires further changes to protect the human rights of vulnerable people, MPs and peers have warned.’

Full Story

Local Government Lawyer, 31st October 2018

Source: www.localgovernmentlawyer.co.uk

Government agrees to limit delegation of judicial powers – Litigation Futures

Posted October 30th, 2018 in bills, courts, judiciary, limitations, news by sally

‘The government has introduced restrictions on what judicial tasks can be delegated to court staff under legislation currently going through Parliament.’

Full Story

Litigation Futures, 29th October 2018

Source: www.litigationfutures.com

Opinion: Let’s end the civil partnership ban on these devoted, long-term, cohabiting people – Family Law

Posted October 29th, 2018 in bills, civil partnerships, cohabitation, news by sally

‘Tomorrow [26 October], Tim Loughton will seek, through an amendment to his private members’ bill, to speed through legislation to allow mixed sex couples who disapprove of marriage to register as civil partners instead. Gay couples already have the option of marriage or civil partnership; for straight couples, it’s marriage or nothing, writes Catherine Utley, a former Senior Broadcast Journalist at BBC World Service News.’

Full Story

Family Law, 25th October 2018

Source: www.familylaw.co.uk

Counter-terror bill is a threat to press freedom, say campaigners – The Guardian

Posted October 25th, 2018 in bills, freedom of expression, media, news, terrorism by tracey

‘New counter-terror powers designed to tackle the “vaguely defined” crime of hostile state activity threaten the protection of journalistic sources, campaigners for freedom of expression and the press have warned.’

Full Story

The Guardian, 25th October 2018

Source: www.theguardian.com

The inheritance tax burden and civil partnerships for cohabiting siblings: right idea, wrong approach? – Family Law

‘Family Law in Partnership director David Allison and associate Carla Ditz re-examine how and why civil partnerships came into being, the successful campaign to allow heterosexual couples to enter into a civil partnership and the proposals for 2committed siblings” to be able to form civil partnerships.’

Full Story

Family Law, 24th October 2018

Source: www.familylaw.co.uk

Civil Liability Bill “undermines Lord Chancellor’s oath of office” – Legal Futures

‘The Civil Liability Bill seriously undermines the oath sworn by Lord Chancellor David Gauke to defend the independence of the judiciary, claimant lawyers have argued as the bill near the end of its parliamentary journey.’

Full Story

Legal Futures, 23rd October 2018

Source: www.legalfutures.co.uk

Family law 2018: on divorce reform – Family Law

Posted October 23rd, 2018 in bills, case management, divorce, evidence, families, marriage, news by sally

‘David Burrows assesses the government’s proposals for an overhaul of divorce law, and supplies some suggestions of his own.’

Full Story

Family Law, 22nd October 2018

Source: www.familylaw.co.uk

End of ‘buying off’ sexual assault victims hailed by campaigners, as gagging orders set to be banned – Daily Telegraph

‘Victims campaigners have welcomed plans to outlaw gagging orders which prevent employees from disclosing sexual abuse at the hands of their bosses. The plans, which will be introduced as part of the domestic abuse bill, will stop companies from drawing up agreements that bar workers from going to the police.’

Full Story

Daily Telegraph, 14th October 2018

Source: www.telegraph.co.uk

UK threatens to deport grandchildren of evicted Chagossians – The Guardian

Posted October 3rd, 2018 in bills, Chagos Islands, citizenship, deportation, families, immigration, news by sally

‘The Home Office is threatening to deport a teenage granddaughter of a former Chagos Islander, even though her mother holds British citizenship.’

Full Story

The Guardian, 2nd October 2018

Source: www.theguardian.com

Tanzil Chowdhury: Statutorising UK Military Deployments and Assessing Anxieties of Their Justiciability – UK Constitutional Law Association

Posted September 20th, 2018 in bills, constitutional law, international law, news, parliament, war by tracey

‘The paramount anxieties that emerge from attempts to statutorising Parliament’s role in making decisions on whether to commit military action abroad has not just been to do with deferring power from the executive to the Commons, but also with the potential justiciability of such decisions. While frequent attempts to table such bills are often accompanied with assurances that these fears are misplaced, this post argues that putting Parliament’s role in deployment decisions, considered a matter of high policy, on a statutory footing could pierce the seemingly impermeable veil of non-justiciability that attend them and subject these decisions to common law review – a development that ought to be welcome.’

Full Story

UK Constitutional Law Association, 17th September 2018

Source: ukconstitutionallaw.org