Category: legislation
Brexit faces potential court challenge over ‘technical flaw’ in way Article 50 was triggered – The Independent
‘There could be a “technical flaw” in the way Article 50 was triggered which could make it vulnerable to a challenge in court, the National Assembly for Wales has been told.’
The Independent, 5th July 2017
Source: www.independent.co.uk
“Quick and dirty” online justice better than no justice, says Neuberger as he laments legal aid policy failure – Legal Futures
‘“Quick and dirty” online dispute resolution (ODR) is better than “no justice or absurdly over-priced justice”, the president of the Supreme Court has said in a wide-ranging speech that included a devastating critique of legal aid policy over the past two decades.’
Legal Futures, 5th July 2017
Source: www.legalfutures.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Insolvency Amendment (EU 2015/848) Regulations 2017
The Information about People with Significant Control (Amendment) Regulations 2017
The Scottish Partnerships (Register of People with Significant Control) Regulations 2017
The Antarctic (Amendment) Regulations 2017
Source: www.legislation.gov.uk
Speech by the Lord Chief Justice: Law Reform Now in 21st Century Britain – Brexit and Beyond – Courts and Tribunals Judicairy
‘I have taken as the first part of the title of this lecture words with which Lord Scarman would have been very familiar: Law Reform Now – the three words which formed the title of the Gerald Gardiner and Andrew Martin book which contained their blueprint for what would become the Law Commission. As Sir Geoffrey Palmer QC, in the course of tracing the origins and huge success of the Law Commission in his 2015 Scarman Lecture, recalled, it started with a proposition; one they took to be axiomatic: “. . . that much of our English law is out of date, and some of it shockingly so.” They were not wrong.’
Source: www.judiciary.gov.uk
Legal aid cuts have left residents no way to challenge sub-standard housing – The Guardian
‘The Grenfell Tower action group had no access to legal aid. Residents at risk in their homes want straightforward, enforceable legal remedies to keep them safe.’
The Guardian, 26th June 2017
Source: www.theguardian.com
Regina (Williams) v Powys County Council – WLR Daily
Regina (Williams) v Powys County Council [2017] EWCA Civ 427
‘The defendant local planning authority granted planning permission for the erection of a wind turbine on the farm of the interested party. The wind turbine was erected on the side of a hill the other side of which, about 1·5 km from the wind turbine, was a Grade II* listed building. Several scheduled monuments were also in the surrounding area, two of which were within two km of the site. The claimant, a local resident, applied for judicial review of the council’s decision to grant planning permission. The judge dismissed the claim, determining that (i) the planning authority was not required to consult the Welsh ministers under article 14 of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 as the requirement to consult on development “likely to affect the site of a scheduled monument” in paragraph k of Schedule 4 to the Order applied only to development likely to have some direct physical effect on the monument, not also to development likely to have visual effects on the setting of the monument, and (ii) the planning authority had not erred in failing to perform the duty in section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, which required it to have special regard to the desirability of preserving the setting of a listed building when deciding whether to grant planning permission for development which affected a listed building or its setting.’
WLR Daily, 9th June 2017
Source: www.iclr.co.uk
Refugee campaigners launch legal challenge over Home Office ‘failure’ to implement Dubs scheme – The Independent
‘Campaigners have launched a High Court challenge against the Government over the number of unaccompanied child refugees accepted into the UK under the Dubs scheme.’
The Independent, 20th June 2017
Source: www.independent.co.uk
Changes to the Seizure Provisions Under the Criminal Finance Act 2017 – Drystone Chambers
‘On the 27th April 2017 the Criminal Finance Act (‘CFA 2017’) received Royal Assent. The Criminal Finance Act 2017 ushers in wide-ranging reforms to the Proceeds of Crime Act 2002 (‘POCA 2002’). This article is part of a series of short comment pieces highlighting some of the main changes the CFA 2017 makes. It also covers issues related to Barnaby’s previous piece which set out some of the changes the Criminal Finance Bill enacted.’
Drystone Chambers, 30th May 2017
Source: drystone.com
May: I’ll rip up human rights laws that impede new terror legislation – The Guardian
‘Theresa May has declared she is prepared to rip up human rights laws to impose new restrictions on terror suspects, as she sought to gain control over the security agenda just 36 hours before the polls open.’
The Guardian, 6th June 2017
Source: www.theguardian.com
What is the Fixed-term Parliaments Act ? – Daily Telegraph
‘The conditions for when a snap election can be called were significantly restricted by the Fixed-term Parliaments Act of 2011. The Act of Parliament, which was part of the Conservative–Liberal Democrat coalition agreement produced after the 2010 general election, was introduced fixed-term elections to the Westminster parliament.’
Daily Telegraph, 31st May 2017
Source: www.telegraph.co.uk
Defamation cases slump to nine-year low – Law Society’s Gazette
‘The number of reported defamation cases in the UK is at the lowest level since 2008/9, partly due to the Defamation Act 2013, according to research published today.’
Law Society's Gazette, 30th May 2017
Source: www.lawgazette.co.uk
Robert Craig: Zombie Prerogatives Should Remain Decently Buried: Replacing the Fixed-term Parliaments Act 2011 (Part 1) – UK Constitutional Law Association
‘In the light of widespread dissatisfaction with the Fixed-term Parliaments Act 2011 (‘FTPA’), the Conservative party manifesto states, at page 43, “We will repeal the Fixed-term Parliaments Act”. This post explores the constitutional implications if, as seems likely, the Conservative Government continues to command a majority in the House of Commons after the election and seeks to convince Parliament to repeal the Act.’
UK Constitutional Law Association, 24th May 2017
Source: www.ukconstitutionallaw.org
