‘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.’
Crown Prosecution Service, 21st May 2021
Source: www.cps.gov.uk
‘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”).’
Tanfield Chambers, 10th May 2021
Source: www.tanfieldchambers.co.uk
‘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.’
Law Society's Gazette, 13th May 2021
Source: www.lawgazette.co.uk
‘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.’
Practical Law: Construction Blog , 5th May 2021
‘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.’
Local Government Lawyer, 29th April 2021
Source: www.localgovernmentlawyer.co.uk
‘Almost 200 organisations have branded a government consultation on fundamental changes to refugee policy “a sham”. A total of 192 refugee, human rights, legal and faith groups have signed a public statement condemning the six-week consultation on the government’s New Plan for Immigration as “vague, unworkable, cruel and potentially unlawful”.’
The Guardian, 30th April 2021
Source: www.theguardian.com
‘Widespread relief that the panel tasked with conducting an independent review of administrative law did not recommend wholesale reform of judicial review proved short-lived when the lord chancellor revealed that the report was just a “starting point”. It quickly became apparent that the government wants to go much further than Lord Faulks’ recommendations.’
Law Society's Gazette, 26th April 2021
Source: www.lawgazette.co.uk
‘Non-court-based digital dispute resolution rules designed for novel technology such as crypto-assets, smart contracts, and blockchain applications have been published today.’
Litigation Futures, 22nd April 2021
Source: www.litigationfutures.com
‘Or, as Andrew Neil put it on the Spectator TV News Channel this week, “A Dripping Roast For Lawyers”. To be fair, Neil was referring to the patchwork of mandatory vaccines across the United States. But with the publication yesterday of the Government’s consultation paper on vaccine requirements for all staff deployed in a care home supporting at least one older adult over the age of 65, the debate raging about “vaccine passports” has a real target in its sights. Not only because the government has found some primary legislation that gives it the power to introduce mandatory vaccinations, but also because the proposals are not limited to employees.’
UK Human Rights Blog, 16th April 2021
Source: ukhumanrightsblog.com
‘The extent to which losses caused by cyber attacks are covered by law firms’ professional indemnity insurance (PII) policies is to be clarified by the Solicitors Regulation Authority (SRA).’
Legal Futures, 14th April 2021
Source: www.legalfutures.co.uk
‘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.’
Local Government Lawyer, 7th April 2021
Source: www.localgovernmentlawyer.co.uk
‘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.’
UK Constitutional Law Association, 29th March 2021
Source: ukconstitutionallaw.org
‘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.’
Local Government Lawyer, 19th March 2021
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 18th March 2021
Source: www.localgovernmentlawyer.co.uk
‘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.’
Litigation Futures, 9th March 2021
Source: www.litigationfutures.com
‘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.’
Litigation Futures, 9th March 2021
Source: www.litigationfutures.com
‘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.’
UK Constitutional Law Association, 3rd March 2021
Source: ukconstitutionallaw.org
‘Covid legislation in England allows patients in first 10 weeks of pregnancy to take pills at home.’
The Guardian, 18th February 2021
Source: www.theguardian.com
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