Copyright-protected works will not be subject to new EU rules on ‘geo-blocking’ – OUT-LAW.com

Posted December 6th, 2017 in copyright, EC law, internet, legislative drafting, news by sally

‘Online service providers in the EU will not face new obligations to make their copyrighted content available to customers to access when they are visiting other EU countries after proposed new EU laws were watered down.’

Full Story

OUT-LAW.com, 4th December 2017

Source: www.out-law.com

Government reiterates plans for EU-UK data flows post-Brexit amidst criticism of Data Protection Bill powers – OUT-LAW.com

‘The UK government has reiterated its plans to establish an agreement with the remainder of the EU member states that will allow personal data to flow across borders unhindered post-Brexit.’

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OUT-LAW.com, 30th October 2017

Source: www.out-law.com

A bluffers guide to the Homeless Reduction Act 2017 – Nearly Legal

‘The Homelessness Reduction Act has now received royal assent. The Act itself is here. There is no date yet for it to come into force – there will need to be statutory guidance produced first – and the current guess is that it is likely to be in 2018. Of course, what the Act mostly does is amend Housing Act 1996 Part VII.’

Full story

Nearly Legal, 14th May 2017

Source: www.nearlylegal.co.uk

Speech by Mr Justice Singh: Divided by a common language – American and British perspectives on constitutional law – Courts and Tribunals Judiciary

‘Divided by a common language: American and British perspectives on constitutional law.’

Full speech

Courts and Tribunals Judiciary, 27th February 2017

Source: www.judiciary.gov.uk

Case of conflicting CPR provisions “highlight concerns over fixed costs extension” – Litigation Futures

‘A recent ruling caused by “shoddy” drafting of the CPR highlights the importance of any extension of fixed costs being accompanied by “a well-drafted and fully integrated set of procedural rules”, a costs specialist has warned.’

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Litigation Futures, 23rd February 2017

Source: www.litigationfutures.com

Mikolaj Barczentewicz: The Principle of Legality and the EU-withdrawal Statute – UK Constitutional Law Assocition

Posted February 22nd, 2017 in bills, constitutional law, EC law, legislative drafting, news, parliament, treaties by sally

‘Legal criticism of the EU (Notification of Withdrawal) Bill is quickly amassing. Notably, Paul Daly suggested that general phrasing of an authorisation to notify the UK’s intention to withdraw from the EU by the executive, of the sort contained in the Bill, may not suffice to ground lawfulness of such notification (or of withdrawing from the EU). It may not suffice, because the principle of legality could be said to require more specificity in conveying Parliament’s legislative choice to authorise withdrawal with all the possible detrimental consequences to individual rights. A similar argument was also presented in the “Three Knights Opinion” of Sir David Edward KCMG PC QC, Sir Francis Jacobs KCMG PC QC, Sir Jeremy Lever KCMG QC, Helen Mountfield QC and Gerry Facenna QC.’

Full story

UK Constitutional Law Association, 21st February 2017

Source: www.ukconstitutionallaw.org

Four versions of Brexit law prepared as Government braced for Supreme Court defeat in Article 50 case – Daily Telegraph

Posted January 23rd, 2017 in EC law, legislative drafting, news, prerogative powers, Supreme Court, treaties by sally

‘Four different versions of the law giving Theresa May the power to start Brexit have already been prepared as ministers brace themselves for Supreme Court defeat this week.’

Full story

Daily Telegraph, 21st January 2017

Source: www.telegraph.co.uk

Susskind: Parliament should adopt advanced IT for lawmaking – Legal Futures

Posted January 18th, 2017 in bills, electronic filing, legislative drafting, news, parliament by sally

‘Parliament could harness the power of technology to provide a system to lawmakers that gives them the ability to test speculatively the knock-on effects of legislative changes while they are considering bills, according to IT guru Professor Richard Susskind.’

Full story

Legal Futures, 16th January 2017

Source: www.legalfutures.co.uk

New Bingham Centre for the Rule of Law Briefing Paper: ‘Parliament and the Rule of Law in the Context of Brexit’ – UK Constitutional Law Association

Posted October 7th, 2016 in devolution, EC law, legislative drafting, news, parliament, referendums, rule of law by tracey

‘The Bingham Centre for the Rule of Law published a new Briefing Paper on 29 September 2016. Titled “Parliament and the Rule of Law in the Context of Brexit”, it aims to inform the work of Parliament by setting out preliminary rule of law issues relating to Brexit.’

Full paper

UK Constitutional Law Association, 5th October 2016

Source: www.ukconstitutionallaw.org

Form and Accessibility of the Law Applicable in Wales – official-documents.gov.uk

‘This is the Law Commission’s final report on the form and accessibility of the law applicable in Wales.’

Full press release

official-documents.gov.uk, 30th June 2016

Source: official-documents.gov.uk

Lord Neuberger on “Justice in an age of austerity” – CrimeLine

“Justice – Tom Sargant memorial lecture 2013, 15th October 2013.”

Full speech

CrimeLine, 15th October 2013

Source: www.crimeline.info

MPs condemn ‘tortuous’ inchoate offence law – Law Society’s Gazette

Posted September 13th, 2013 in crime, legislation, legislative drafting, news, reports, select committees by tracey

“Criminal offences of encouraging and assisting crimes are too ‘complex and difficult’ for lawyers to understand, according to a high profile committee of MPs.”

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Law Society’s Gazette, 13th September 2013

Source: www.lawgazette.co.uk

Updated statute book won’t make anyone a legal expert; but it’s a start – Halsbury’s Law Exchange

Posted June 21st, 2013 in legal education, legislation, legislative drafting, news by tracey

“I’ve been following the Parliamentary Counsel’s laudable ‘good law’ initiative with interest (details on the Cabinet Office site here). The aim of the initiative is to have law that is #necessary, clear, coherent, effective and accessible’. The focus, perhaps naturally for the OPC, is on the complexity and drafting of legislation. Their document ‘When laws become too complex’ is well worth a read for anyone who regularly deals with legislation.The first thing that strikes me is that this initiative is really about good legislation rather than good law since case law doesn’t get much of a mention. But, for the sake of argument, let’s agree that good legislation gets us half way to good law and is worth our consideration.”

Full story

Halsbury’s Law Exchange, 20th June 2013

Source: www.halsburyslawexchange.co.uk

Jack Simson Caird: A Proposal for a Code of Legislative Standards? – UK Constitutional Law Group

“On the 20 of May the House of Commons Political and Constitutional Reform Committee (the PCR) published its report on legislative scrutiny standards titled ‘Ensuring standards in the quality of legislation’. The Report contains two eye catching and ambitious proposals for parliamentary reform: the creation of a joint committee on legislative standards and the adoption of a code of legislative standards. This blog is about the second of these proposals. The proposal is a significant one, and if implemented it would dramatically improve the information available to parliamentarians in their scrutiny of government bills. The PCR’s code is in effect a series of questions and demands for information relating to the content and to the timetable of a bill, that the government would answer within the explanatory notes to a bill. In this blog post, I draw attention to the code proposed by the PRC and I offer a critique of their approach, and in particular of the decision not to include substantive legislative standards.”

Full story

UK Constitutional Law Group, 14th June 2013

Source: www.ukconstitutionallaw.org

Ofcom anti-piracy code delayed until 2015 – OUT-LAW.com

“Internet users who are suspected of illegally downloading copyrighted material will not be sent warning letters about their behaviour until the second half of 2015 at the earliest, the Government has confirmed.”

Full story

OUT-LAW.com, 10th June 2013

Source: www.out-law.com

Fast-track legislation preventing proper scrutiny, says rights committee – The Guardian

“The increasing use emergency legislation, lack of adequate debating time and insertion of last-minute amendments are preventing effective parliamentary scrutiny of new laws, a committee has said.”

Full story

The Guardian, 15th April 2013

Source: www.guardian.co.uk

Tenants to be given right to challenge rogue letting agents – The Guardian

“Tenants are to be given the right to challenge rogue letting agents for the first time after the government agreed at the 11th hour to a legislative amendment requiring all agents to sign up to a mandatory redress scheme.”

Full story

The Guardian, 16th April 2013

Source: www.guardian.co.uk

Complexity of parliamentary legislation ‘undermining the rule of law’ – The Guardian

Posted April 16th, 2013 in legislation, legislative drafting, news, parliament, regulations, rule of law by sally

“Parliamentary legislation is excessively complex and its confusions undermine the rule of law, according to the official in charge of drafting government statutes.”

Full story

The Guardian, 16th April 2013

Source: www.guardian.co.uk

Badly written law could deprive 4m of their pensions – Daily Telegraph

Posted November 19th, 2012 in legislative drafting, news, pensions by sally

“Four million employees could miss out on employer pension contributions until 2017 because poorly drafted legislation has left a loophole in auto-enrolment, the Government’s flagship pensions policy.”

Full story

Daily Telegraph, 19th November 2012

Source: www.telegraph.co.uk

Understanding legislation – Halsbury’s Law Exchange

Posted July 31st, 2012 in interpretation, legislation, legislative drafting, news by sally

“Thomas Pascoe in the Telegraph gives a familiar layperson’s lament about the amount and complexity of legislation in the UK.”

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Halsbury’s Law Exchange, 31st July 2012

Source: www.halsburyslawexchange.co.uk