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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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”).’

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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.’

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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.’

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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.’

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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.’

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Law Society's Gazette, 29th April 2021

Source: www.lawgazette.co.uk

‘Sham’: 200 groups criticise UK government consultation on refugee policy – The Guardian

‘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”.’

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The Guardian, 30th April 2021

Source: www.theguardian.com

JR reform backlash intensifies – Law Society’s Gazette

‘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.’

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Law Society's Gazette, 26th April 2021

Source: www.lawgazette.co.uk

Rapid arbitration at heart of new rules for digital disputes – Litigation Futures

‘Non-court-based digital dispute resolution rules designed for novel technology such as crypto-assets, smart contracts, and blockchain applications have been published today.’

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Litigation Futures, 22nd April 2021

Source: www.litigationfutures.com

Mandatory vaccinations for care home workers – a slippery slope? – UK Human Rights Blog

‘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.’

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UK Human Rights Blog, 16th April 2021

Source: ukhumanrightsblog.com

SRA backs new cyber-losses clause for indemnity policies – Legal Futures

‘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).’

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Legal Futures, 14th April 2021

Source: www.legalfutures.co.uk

‘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