Finance and Divorce Update, May 2017 – Family Law Week

Posted May 18th, 2017 in adoption, appeals, bills, civil partnerships, divorce, financial provision, news by tracey

‘Frances Bailey, Principal Associate and Naomi Shelton, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during April 2017.’

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Family Law Week, 12th may 2017

Source: www.familylawweek.co.uk

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Digital Economy Bill made law – Panopticon

Posted May 4th, 2017 in advertising, bills, internet, news, pornography, privacy by sally

‘What with all the kerfuffle over Brexit negotiations and the impending snap general election, you could perhaps be forgiven for failing to notice that the Government had rushed the Digital Economy Bill through Parliament in last week’s “wash up” before the dissolution of Parliament.’

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Panopticon, 3rd May 2017

Source: www.panopticonblog.com

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Brexit may cost MPs and peers the power to pass laws, says former judge – The Guardian

‘The “legislative tsunami” unleashed by Brexit will deliver the “greatest challenge” in history to the integrity of parliament’s procedures, a former lord chief justice has said. Lord Judge raised his concerns that by the time Brexit is completed and the “great repeal bill” enacted, MPs and peers will have effectively given away their powers to pass laws.’

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The Guardian, 3rd May 2017

Source: www.guardian.co.uk

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Criminal Finances Bill receives Royal Assent – Home Office

‘The Criminal Finances Act 2017 will give law enforcement agencies and partners, further capabilities and powers to recover the proceeds of crime, tackle money laundering, tax evasion and corruption, and combat the financing of terrorism.’

Full press release

Home Office, 27th April 2017

Source: www.gov.uk/home-office

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Corporate interest restriction cut from pre-election UK Finance Bill – OUT-LAW.com

Posted April 27th, 2017 in amendments, bills, corporation tax, elections, interest, news by sally

‘The legislation to introduce restrictions on corporation tax deductions for interest payments will not be included in the UK Finance Bill that will become law before the general election. The government tabled amendments to the bill withdrawing most of its provisions before it went through the remaining House of Commons stages on 25 April.’

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OUT-LAW.com, 27th April 2017

Source: www.out-law.com

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‘Controversial’ digital tax returns delayed after being dropped from Finance Bill – Daily Telegraph

Posted April 26th, 2017 in bills, electronic filing, news, taxation by sally

‘Plans to force millions of businesses and self-employed people to file multiple tax returns each year have been shelved by the Government.’

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Daily Telegraph, 25th April 2017

Source: www.telegraph.co.uk

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Henry Pearce: Some Thoughts on the Encryption Regulatory Debate – UK Constitutional Law Association

‘Debates about the regulation of encryption technologies and surveillance have been around for decades. It is in unfortunate circumstances that these debates have now been thrust back into the public eye. Following the horrifying Westminster attack which occurred on 22nd March 2017 Amber Rudd, the UK’s Home Secretary, has been very vocal in suggesting that in order for the police and security services to be able to effectively investigate and prevent future terrorist acts they must be given access to over-the-top messaging services that utilise end-to-end encryption, such as WhatsApp. (End-to-end encryption services can generally be described as those which allows for conversations to be read only by the sender and recipient of individual messages, meaning that such messages cannot be intercepted and read by a third party.) Her comments appeared to have been driven by the fact that Khalid Masood, the perpetrator of the attack, had used WhatsApp shortly before commencing his appalling actions. In particular, Rudd has claimed it is “unacceptable” that governmental agencies were unable to read messages protected by WhatsApp’s end-to-end encryption, and in an interview given to the BBC on Sunday 26th March, intimated that she would consider pursuing the enactment of new legislation which would require the providers of encrypted messaging services to grant access to the UK intelligence agencies. This sentiment has since broadly been endorsed by the UK government.’

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UK Constitutional Law Association, 25th April 2017

Source: www.ukconstitutionallaw.org

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Prisons and Courts Bill scrapped – Law Society’s Gazette

Posted April 21st, 2017 in bills, news, parliament, personal injuries, prisons by tracey

‘Legislation that would radically change the personal injury market and overhaul the courts has been dropped in the runup to the general election.’

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Law Society’s Gazette, 20th April 2017

Source: www.lawgazette.co.uk

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Conor Gearty speaks to the Oxford Law Vox about human rights – OUP Blog

Posted April 18th, 2017 in barristers, bills, human rights, news by sally

‘In this episode of the Oxford Law Vox podcast, human rights expert Conor Gearty talks to George Miller about human rights in the UK.’

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OUP Blog, 17th April 2017

Source: www.blog.oup.com

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K M Hayne: The ‘Great Repeal Bill’ – UK Constitutional Law Association

‘In the White Paper published in February this year (“The United Kingdom’s exit from and new partnership with the European Union” Cm 9417), the very first point made was that the “Great Repeal Bill” will “remove the European Communities Act 1972 from the statute book and convert the ‘acquis’ – the body of existing EU law – into domestic law”. It was said that “[t]his means that, wherever practical and appropriate, the same rules and laws will apply on the day after [the United Kingdom] leave[s] the EU as they did before”.’

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UK Constitutional Law Association, 12th April 2017

Source: www.ukconstitutionallaw.org

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BREXIT: UK government seeking time limited power to ‘correct’ post-Brexit statute book – OUT-LAW.com

Posted April 3rd, 2017 in bills, courts, EC law, legislation, news, parliamentary papers, repeals, time limits by sally

‘The UK government is seeking a time-limited power to “correct the statute book” by way of secondary legislation ahead of the country’s departure from the European Union.’

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OUT-LAW.com, 30th March 2017

Source: www.out-law.com

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Revenge porn crackdown: Offenders who send pictures to family members face two years in jail under new guidelines – Daily Telegraph

Posted March 30th, 2017 in bills, domestic violence, families, harassment, news, pornography, sentencing, victims by tracey

‘Offenders who send “revenge porn” images to victims’ family members could face up to two years in jail under new sentencing plans.’

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Daily Telegraph, 30th March 2017

Source: www.telegraph.co.uk

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Brian Christopher Jones: The Government’s Quandary: “Great”, or Ordinary, Repeal – UK Constitutional Law Association

Posted March 28th, 2017 in bills, constitutional reform, drafting, EC law, legislation, news, repeals, treaties by sally

‘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.’

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UK Constitutional Law Association, 28th March 2017

Source: www.ukconstitutionallaw.org

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Latest draft legislation on interest restriction more helpful for infrastructure and real estate, says expert – OUT-LAW.com

Posted March 24th, 2017 in bills, construction industry, interest, news, taxation by sally

‘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.’

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OUT-LAW.com, 21st March 2017

Source: www.out-law.com

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Prisons and Courts Bill to improve access to justice and better protect the vulnerable – Ministry of Justice

Posted March 21st, 2017 in bills, civil justice, courts, criminal justice, internet, news, prisons by tracey

‘Plans to revolutionise the courts to make them more straightforward and efficient, and deliver swifter justice for victims.’

Full press release

Ministry of Justice, 20th March 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

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“We’ve gone for moderate options to reform PI,” says justice minister – Legal Futures

Posted March 21st, 2017 in bills, compensation, damages, news, personal injuries, road traffic, small claims by tracey

‘The increase in whiplash claims at a time of falling road traffic accidents and improving car safety means that “cases are obviously exaggerated to some extent, and perhaps fraudulent”, justice minister Sir Oliver Heald said yesterday as he defended the government’s “moderate” personal injury reform proposals during the second reading of the Prisons and Courts Bill.’

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Legal Futures, 21st March 2017

Source: www.legalfutures.co.uk

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Quality must trump convenience in online justice reforms – The Bar Council

Posted March 21st, 2017 in barristers, bills, civil justice, courts, criminal justice, internet, press releases by tracey

‘As the Government presses ahead with plans for online and virtual hearings, the Bar Council has warned that the quality and the reputation of our system of justice must not suffer.’

Full press release

The Bar Council, 20th March 2017

Source: www.barcouncil.org.uk

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MPs launch inquiry into government’s personal injury reforms – Legal Futures

‘MPs on the justice select committee have launched a “short” inquiry into the personal injury reforms contained in the Prisons and Courts Bill. The announcement comes ahead of the bill’s second reading – during which the principles behind it will be debated – on Monday.’

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Legal Futures, 17th march 2017

Source: www.legalfutures.com

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News focus: ‘Virtual justice’ and the IT panacea – Law Society’s Gazette

‘Just over six years ago, a taxpayer funded independent study of a pilot “virtual court” concluded that: “A rollout based on the pilot’s performance and parameters is likely to cost more money than it saves. A break-even scenario may be achieved, but this is still likely to be a challenge.” ‘

Full story

Law Society’s Gazette, 20th March 2017

Source: www.lawgazette.co.uk

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Greater protection for rape victims and children at risk of grooming – Ministry of Justice

‘New offence of sexual communication with a child will be introduced, and measures to support victims of sex crimes accelerated.’

Full press release

Ministry of Justice, 19th March 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

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