High Court gives green light for challenge to DWP consultation on development of new strategy for disabled people – Local Government Lawyer

‘The High Court has allowed four disabled individuals to bring a judicial review challenge of how the Secretary of State for Work and Pensions, Thérèse Coffey, conducted the consultation on a proposed new national strategy for people with disabilities.’

Full Story

Local Government Lawyer, 23rd July 2021

Source: www.localgovernmentlawyer.co.uk

Public street harassment set to be made illegal in England and Wales – The Guardian

‘Public street harassment is likely to be criminalised under plans being drawn up by the government as part of its long-awaited strategy to tackle violence against women and girls (VAWG) for England and Wales.’

Full Story

The Guardian, 20th July 2021

Source: www.theguardian.com

Nationality and Borders Bill 2021-22 – Commons Library Research Briefing

‘The Nationality and Borders Bill of 2021-22 was introduced to the House on 6 July. Second reading will take place on 19 and 20 July.’

Full Story

House of Commons Library, 15th July 2021

Source: commonslibrary.parliament.uk

Public supports stronger ongoing competence checks for lawyers – Legal Futures

‘There is near unanimity among the public that lawyers should have to demonstrate more actively than now that they remain competent throughout their careers, the Legal Services Board has found.’

Full Story

Legal Futures, 9th July 2021

Source: www.legalfutures.co.uk

Law Society warns against remote hearings in public law children cases where parties have limited access to technology – Local Government Lawyer

‘Public law children cases where a party has limited access to technology or where parties require an intermediary or a translator are instances where remote hearings may not be the best format, the Law Society has warned.’

Full Story

Local Government Lawyer, 5th July 2021

Source: www.localgovernmentlawyer.co.uk

Uplifting News: revised Assault Guidelines take consultation responses on board – Carmelite Chambers

Posted June 24th, 2021 in assault, chambers articles, consultations, news, sentencing by sally

‘Vanessa Reid discusses the significant changes soon to be implemented by the revised guidelines for assault offences.’

Full Story

Carmelite Chambers, 6th June 2021

Source: www.carmelitechambers.co.uk

Judge quashes decision by council to grant planning permission for conversion of pub to residential dwelling over public sector equality duty failings – Local Government Lawyer

‘Sedgemoor District Council was wrong to agree to the conversion of a former pub to a residential dwelling without considering s149 of the Equality Act 2010, and also failed to apply part of its local plan, the High Court has found.’

Full Story

Local Government Lawyer, 24th June 2021

Source: www.localgovernmentlawyer.co.uk

Law Commission seek views on corporate criminal liability – Law Commission

‘The Law Commission is seeking views on whether, and how, the law relating to corporate criminal liability can be improved so that they appropriately capture and punish criminal offences committed by corporations, and their directors or senior management.’

Full press release

Law Commission, 9th June 2021

Source: www.lawcom.gov.uk/

Duncan Lewis issues JR proceedings over immigration reforms – Law Society’s Gazette

‘Controversial immigration reforms that could see lawyers hit with wasted costs looks set to be the centre of a High Court showdown. High-profile firm Duncan Lewis announced yesterday that it has issued judicial review proceedings on behalf of five clients over the Home Office’s New Plan for Immigration consultation, which closed last month.’

Full Story

Law Society's Gazette, 10th June 2021

Source: www.lawgazette.co.uk

Labour asks NHS and Matt Hancock to pause plans for sharing patient data – The Guardian

‘Labour has urged the NHS and Matt Hancock to pause their plan to share medical records from GPs to allow time for greater consultation on how the idea would work, saying that maintaining patients’ trust must be paramount.’

Full Story

The Guardian, 6th June 2021

Source: www.theguardian.com

Plans to restrict judicial review weaken the rule of law, MPs warn – The Guardian

Posted June 3rd, 2021 in bills, consultations, judicial review, judiciary, news, rule of law by sally

‘Proposals to restrict judicial review are an affront to the principles of fairness and government accountability and should be dropped, a cross-party group of MPs and peers has said.’

Full Story

The Guardian, 2nd June 2021

Source: www.theguardian.com

Rape prosecution review failed to engage with victims, say survivor groups – The Guardian

‘A government-led review into the collapse of rape prosecutions in England and Wales has failed to “meaningfully engage” with rape survivors, despite assurances from a minister that they had been consulted, according to groups representing victims.’

Full Story

The Guardian, 27th May 2021

Source: www.theguardian.com

Finnian Clarke: Be careful what you wish for: The government’s judicial review consultation on public law nullity – UK Constitutional Law Association

‘In its “Judicial Review Reform: the Government Response to the Independent Review of Administrative Law” consultation document, the government puts forward a number of suggestions for reform of the concept of “nullity” within UK public law. They suggest among other things that only jurisdictional errors should be deemed void ab initio, and/or that courts ought to have a presumption against a finding of nullity. Though the recent Queen’s speech included a Judicial Review Bill, it made no mention of these specific proposals, suggesting that the government may be minded to shelve these ideas for now. In this post I’ll argue that the government would be well-advised to leave nullity alone.’

Full Story

UK Constitutional Law Association, 24th May 2021

Source: ukconstitutionallaw.org

Police and prosecutors must focus on actions of alleged rapists not victims, new guidance says – The Independent

‘Police and prosecutors are to place greater focus on the actions of alleged rapists rather than their victims, after charges hit a record low. New legal guidance published by the Crown Prosecution Service (CPS) says investigators must use an “offender-centric” approach and look closely at the actions of suspects before, during and after reported attacks.’

Full Story

The Independent, 21st May 2021

Source: www.independent.co.uk

CPS updates rape legal guidance to reflect rapid growth in digital evidence – Crown Prosecution Service

‘The CPS has published refreshed rape and serious sexual offences (RASSO) legal guidance, delivering on our ongoing commitment to make the prosecution of these crimes reflect today’s rapidly changing society.’

Full Story

Crown Prosecution Service, 21st May 2021

Source: www.cps.gov.uk

Aster Communities v Chapman & Others [2021] EWCA Civ 660 – Tanfield Chambers

‘In Aster Communities v Chapman & Others [2021] EWCA Civ 660 (“Aster”) the Court of Appeal considered the circumstances in which the First-tier Tribunal (“the FTT”) may grant a landlord dispensation from the service charge consultation requirements prescribed by s. 20 of the Landlord and Tenant Act 1985 (“the 1985 Act”).’

Full Story

Tanfield Chambers, 10th May 2021

Source: www.tanfieldchambers.co.uk

Buckland urged to retain choice for court-assessed legal aid bills – Law Society’s Gazette

Posted May 14th, 2021 in consultations, costs, Law Society, legal aid, Ministry of Justice, news by tracey

‘The Ministry of Justice has been urged not to bring court-assessed civil legal aid bills in-house amid impartiality and transparency concerns as well as the impact on an already-dwindling supplier base.’

Full Story

Law Society's Gazette, 13th May 2021

Source: www.lawgazette.co.uk

How will the new UK residential property developer tax work? – Practical Law: Construction Blog

‘On 29 April 2021, the government published a consultation on what is to be called the Residential Property Developer Tax (or RPDT). This sets out proposals for the design of a new tax to be charged on the largest residential property developers.’

Full Story

Practical Law: Construction Blog , 5th May 2021

Source: constructionblog.practicallaw.com

High Court judge hands down ruling on lawful scope of statutory consultation response – Local Government Lawyer

Posted April 30th, 2021 in consultations, local government, news, planning, roads by tracey

‘Norfolk County Council wrongly took account of the economic benefits of a development proposal when in its capacity as highways authority it decided not to object to its impact on a local main road.’

Full Story

Local Government Lawyer, 29th April 2021

Source: www.localgovernmentlawyer.co.uk

Bar promises tougher sanctions on sexual misconduct – Law Society’s Gazette

‘The bar tribunal service has proposed significantly tougher sanctions for barristers who commit sexual misconduct, after facing criticism for being too lenient.’

Full Story

Law Society's Gazette, 29th April 2021

Source: www.lawgazette.co.uk