‘Census’ for barristers due to launch to help shape profession’s priorities – The Bar Council

Posted April 12th, 2021 in barristers, consultations, news by tracey

‘Barristers in England and Wales will be invited to play their part in shaping the way their representative body, the Bar Council, supports the profession’s needs by completing a survey about their working lives.’

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The Bar Council, 8th April 2021

Source: www.barcouncil.org.uk

DWP facing legal challenge over lawfulness of ‘consultation’ ahead of National Strategy for Disabled People being drawn up – Local Government Lawyer

‘The Department for Work and Pensions (DWP) is facing a legal challenge over the lawfulness of its consultation on the proposed National Strategy for Disabled People.’

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Local Government Lawyer, 7th April 2021

Source: www.localgovernmentlawyer.co.uk

Joe Tomlinson and Alison Pickup: Putting the Cart before the horse? The Confused Empirical Basis for Reform of Cart Judicial Reviews – UK Constitutional Law Association

‘The Independent Review of Administrative Law has now reported. For a review process that was unnecessarily quick, the Expert Panel, led by Lord Faulks QC, has produced a substantial and detailed analysis. The Report has rightly drawn broad support from across the political spectrum—even if the Government’s support for the report has been accompanied by a new consultation which departs from the Report’s findings on various important points. No doubt, the focus will now shift to the new consultation. However, in this post we want to respectfully take issue with one of the firm conclusions of the Panel: that Cart judicial reviews ought to be discontinued on the basis they are a disproportionate use of judicial resource.’

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UK Constitutional Law Association, 29th March 2021

Source: ukconstitutionallaw.org

Ministry of Justice to consult on judicial review reforms including power to suspend quashing orders, removal of ‘Cart judgments’, and procedural changes – Local Government Lawyer

‘The Ministry of Justice has launched a consultation on giving the courts the power to suspend quashing orders, removing so-called “Cart judgments”, and introducing a series of changes to civil procedure rules, following recommendations by the Independent Review of Administrative Law (IRAL) led by Lord Faulks QC.’

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Local Government Lawyer, 19th March 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal says judge should have decided issue over statutory construction about timetable for producing amended EHC plans – Local Government Lawyer

‘An Administrative Court judge should have decided a point of statutory construction about the timetable for producing amended education health and care (EHC) plans instead of declining to do so since it was academic, the Court of Appeal has ruled.’

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Local Government Lawyer, 18th March 2021

Source: www.localgovernmentlawyer.co.uk

Government to align online and paper court fees – Litigation Futures

Posted March 10th, 2021 in consultations, courts, fees, internet, Ministry of Justice, news, statistics by sally

‘The Ministry of Justice (MoJ) is to press ahead with increasing online court fees in money and possession claims to bring them into line with paper claims in the face of opposition from the legal and credit sectors.’

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Litigation Futures, 9th March 2021

Source: www.litigationfutures.com

Buckland raises judicial retirement age to 75 – Litigation Futures

Posted March 10th, 2021 in consultations, judiciary, Ministry of Justice, news, retirement, statistics by sally

‘The mandatory retirement age (MRA) for judges is to be raised from 70 to 75 to deal with shortfalls in judicial recruitment, the government has decided.’

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Litigation Futures, 9th March 2021

Source: www.litigationfutures.com

Daniella Lock, Fiona de Londras and Pablo Grez Hidalgo: Parliamentary Engagement with Human Rights under COVID-19 and the Independent Human Rights Act Review – UK Constitutional Law Association

‘As the deadline for submissions to Independent Human Rights Act Review (IHRAR) passes this week, the appropriate division of constitutional labour in respect of human rights protection continues to attract debate. The terms of reference for the IHRAR suggests a focus on the role of the courts in protecting rights under the Human Rights Act 1998 (HRA). In particular, it asks whether the roles of the courts, Parliament and the Government are appropriately “balanced” in this respect. In our submission to the IHRAR we have highlighted that, in line with the structure and principles of the UK constitution, the HRA is designed to give Parliament a leading role in human rights protection. In spite of this, however, we have further noted that Parliament too often fails to undertake appropriate rights-related deliberation, scrutiny and engagement of legislative and policy action.’

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UK Constitutional Law Association, 3rd March 2021

Source: ukconstitutionallaw.org

At-home early medical abortions should be made permanent, say advocacy groups – The Guardian

‘Covid legislation in England allows patients in first 10 weeks of pregnancy to take pills at home.’

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The Guardian, 18th February 2021

Source: www.theguardian.com

Nuffield Family Justice Observatory to consult on use of supervision orders in care proceedings – Local Government Lawyer

‘The Nuffield Family Justice Observatory (FJO) has launched a consultation seeking views about supervision orders and their use in care proceedings.’

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Local Government Lawyer, 17th February 2021

Source: www.localgovernmentlawyer.co.uk

The new UK subsidy control regime – Brexit Law

Posted February 5th, 2021 in brexit, consultations, EC law, government departments, news, state aids by sally

‘The UK government’s Department for Business, Energy and Industrial Strategy (“DBEIS”) announced yesterday [3 February] a consultation on new legislation to establish a domestic subsidy control regime.[i] The proposals are outlined in a consultation document “Subsidy control Designing a new approach for the UK”.[ii] The closing date for responses to the consultation document is 31st March 2021.’

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Brexit Law, 4th February 2021

Source: brexit.law

Government undertaking “intensive” review of clinical negligence compensation – Litigation Futures

Posted February 4th, 2021 in compensation, consultations, hospitals, negligence, news, personal injuries by sally

‘The government is undertaking “intensive” work on reshaping the system of compensation for victims of clinical negligence, health minister Nadine Dorries revealed yesterday.’

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Litigation Futures, 3rd February 2021

Source: www.litigationfutures.com

TV licence fee decriminalisation decision shelved – BBC News

Posted January 22nd, 2021 in BBC, consultations, criminal justice, fines, government departments, licensing, news by sally

‘The government has decided not to move ahead with plans to decriminalise non-payment of the TV licence fee, but said it would “remain under active consideration”.’

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BBC News, 21st January 2021

Source: www.bbc.co.uk

High Court judge dismisses challenge over lack of public consultation on NHS hospital reconfiguration in Hertfordshire – Local Government Lawyer

Posted January 12th, 2021 in consultations, hospitals, judicial review, news, statutory duty by sally

‘A High Court judge has dismissed a judicial review challenge over the reorganisation of hospital provision in Hertfordshire.’

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Local Government Lawyer, 11th January 2021

Source: www.localgovernmentlawyer.co.uk

Gene editing of crops and livestock may soon be permitted in England – The Guardian

Posted January 7th, 2021 in agriculture, animals, consultations, EC law, food, news by tracey

‘Gene editing of crops and livestock may soon be permitted in England for the first time under a consultation launched by the government on Thursday.’

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The Guardian, 7th January 2021

Source: www.theguardian.com

Bar instructs lawyers to fight Covid-19 operating hours plan – Law Society’s Gazette

‘The criminal bar has instructed heavyweight law firm Mishcon de Reya to help it fight controversial proposals to extend Covid-19 operating hours to more courts. HM Courts & Tribunals Service is considering rolling out the model from January. A rapid consultation on the proposals closed yesterday.’

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Law Society's Gazette, 15th December 2020

Source: www.lawgazette.co.uk

Council defeats legal challenge over decision to rename square called after Elizabethan sailor with slave trade links – Local Government Lawyer

Posted December 8th, 2020 in change of name, consultations, local government, names, news, roads by sally

‘A district judge has rejected a legal challenge over a decision by Plymouth City Council to change the name of a square from an Elizabethan sailor associated with the slave trade, Sir John Hawkins, to a black footballer, Jack Leslie.’

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Local Government Lawyer, 8th December 2020

Source: www.localgovernmentlawyer.co.uk

MoJ plans to cut “hopeless” Upper Tribunal appeals – Litigation Futures

‘The current test for appeals from the Upper Tribunal to the Court of Appeal is “not strict enough to prevent misuse” of the system by those wanting to benefit from delays caused by “hopeless challenges”, the Ministry of Justice (MoJ) has said.’

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Litigation Futures, 7th December 2020

Source: www.litigationfutures.com

Government plans ban on controversial live animal exports – The Independent

Posted December 3rd, 2020 in animals, brexit, consultations, EC law, news, slaughter by tracey

‘The government has said it is planning to ban the export of live animals for slaughter and fattening, as it seeks to “strengthen the UK’s position as a world leader on animal welfare”.’

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The Independent, 3rd December 2020

Source: www.independent.co.uk

CPS says: How we’re working to overcome harmful rape myths and stereotypes – Crown Prosecution Service

‘As an experienced prosecutor of rape and serious sexual offences, I never underestimate the courage it takes for a victim to report such a deeply violating and distressing event to police. CPS staff, especially those on our RASSO teams are all too aware of the unique barriers many face when deciding whether to report offences relating to sexual assault; these include shame, guilt, fear of the process, fear of not being believed, shock, cultural context, embarrassment, language barriers and fear of reprisal from the community.’

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Crown Prosecution Service, 29th November 2020

Source: www.cps.gov.uk