Putting the Brakes on Infrastructure? Judicial Review Challenges to HS2 and the Critique of ‘Litigant Power’ – Legal Studies

Posted May 20th, 2025 in news by sally

‘A growing critique regards judicial review as inhibiting infrastructure delivery on the basis of what I term ‘litigant power’, which may come to represent the dominant political critique of judicial review under the Labour administration. This differs from classic concerns of judicial power, focusing on how legal challenges by project opponents—notwithstanding their doctrinal outcome—can produce delay and embed a chilling overcaution among industry and policy makers. Having articulated the litigant power critique alongside judicial power, the article explores judicial review’s impacts on infrastructure delivery through a case study of the legal challenges to England’s High-Speed 2 railway project. I argue this litigation presents little evidence of judicial overreach, but in some ways supports litigant power concerns. Nevertheless, I suggest the litigant power critique risks oversimplification, especially in view of the radical reform often proposed, and it also downplays chilling effects associated with the constitution’s centralisation of government decision-making power.’

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Legal Studies, 19th May 2025

Source: academic.oup.com

Castle Water v Ofwat – Blackstone Chambers

Posted May 20th, 2025 in news by sally

‘On 13 May 2025, the CMA handed down its first determination in an appeal under section 207A of the Water Industry Act against a decision by Ofwat not to modify the Wholesale Retail Code (which governs the supply of water supply and sewerage services by retailers to non-household customers).’

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Blackstone Chambers, 19th May 2025

Source: www.blackstonechambers.com

Family criticises law change on paedophiles’ parental rights – BBC News

Posted May 20th, 2025 in news by sally

‘A family who went to court to protect a young girl from her paedophile father have criticised government legislation intended to help others in a similar position.’

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BBC News, 20th May 2025

Source: www.bbc.co.uk

The Jury is in: An Evaluation of an Experiential Court Assignment – Journal of Criminal Justice Education

Posted May 20th, 2025 in news by sally

‘This study evaluates the effectiveness of an experiential learning assignment designed for criminology and forensic psychology students, requiring them to attend a Crown Court trial in the public gallery or to engage with a virtual mock trial. 48 students were surveyed to measure the impact of experiential assignments in helping students better understand the module content, the criminal justice system and if the experience increased their motivation to continue with their course. Findings indicate strong student support for the assignment, with 81.3% stating it as valuable and 79.2% wanting more experiential learning opportunities in their criminal justice related courses. We found that in-person experiences received slightly higher student ratings, however, both in-person and virtual contributed positively to learning outcomes. We highlight the importance of experiential learning in improving student engagement, and real-world application of their degree.’

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Journal of Criminal Justice Education, 8th May 2025

Source: www.tandfonline.com

Drug smugglers caught with £37m of cocaine in inflatable boat are jailed – The Guardian

Posted May 20th, 2025 in news by sally

‘Two drug smugglers who tried to move tens of millions of pounds of cocaine into the UK using an inflatable boat have been jailed.’

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The Independent, 17th May 2025

Source: www.independent.co.uk

Analysing the legal meaning of ‘copying’ through an empirical study of UK substantial similarity copyright cases and psychological explanations of litigant trends – Journal of Intellectual Property Law and Practice

Posted May 20th, 2025 in news by sally

‘The substantial similarity test has been criticized as difficult to apply. Nevertheless, it plays a central role in deciding the extent to which works similar to existing copyright works are improper copies or new works that should be allowed. This article provides an empirical analysis of UK substantial similarity copyright cases, contributing to this discussion by revealing how this test is applied in practice. What type of substantial similarity copyright cases tend to be brought by litigants, what factors are relevant in the judgments and what patterns of claimant and defendant losses are revealed?’

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Journal of Intellectual Property Law and Practice, 12th May 2025

Source: academic.oup.com

Family Justice Council issues guidance on covert recordings in family law proceedings – Local Government Lawyer

Posted May 20th, 2025 in news by sally

‘The Family Justice Council (FJC) has published guidance for professionals and litigants who represent themselves on the use of covert recordings in family law proceedings.’

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Local Government Lawyer, 19th May 2025

Source: www.localgovernmentlawyer.co.uk

The Right to Renew: The Law Commission’s Consultation Paper on Business Tenancies – Tanfield Chambers

Posted May 20th, 2025 in news by sally

‘Edward Denehan and Lorenzo Leoni consider and discuss the Law Commissions’ Consultation Paper on the security of tenure provisions for business tenants conferred by Part II of the Landlord and Tenant Act 1954 (the “Act”), and the pros and cons of the alternative security of tenure models advanced by the Law Commission.’

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Tanfield Chambers, 14th May 2025

Source: tanfieldchambers.co.uk

Man handed suspended sentence over role in Blenheim Palace £4.8m gold toilet heist – The Guardian

Posted May 20th, 2025 in news by sally

‘A “foolish” middle-man involved in the theft of a £4.8m gold toilet stolen from an art exhibition at Blenheim Palace has been handed a suspended sentence at Oxford crown court.’

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The Guardian, 19th May 2025

Source: www.theguardian.com

Privacy in the age of generative AI – 39 Essex Chambers

Posted May 20th, 2025 in news by sally

‘David Mitchell speaks to Dr Tom West of Privacy International about the challenges which generative AI poses to individual privacy rights. In a wide-ranging discussion looking at the availability and efficacy of existing legal protections, Tom discusses the interventionist response of the Data Protection Authority in Italy to Chat GPT and DeepSeek, what privacy lawyers might glean from big tech competition disputes in the US and drawing on his own background, the lessons that environmental law might offer in terms of the regulation of generative AI.’

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39 Essex Chambers, 15th May 2025

Source: www.39essex.com

Cheshire West rides again: no power for a local authority with parental responsibility to consent to detenion – UK Human Rights Blog

Posted May 20th, 2025 in news by sally

‘J v Bath and North East Somerset Council & M [2025] EWCA Civ 478 concerns an appeal of a decision by Mrs Justice Lieven. Lieven J had held that there was no need for the High Court to make an order authorising the deprivation of J’s liberty in circumstances where both J’s parents and the local authority consented to the deprivation of liberty.’

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UK Human Rights Blog, 20th May 2025

Source: ukhumanrightsblog.com

Senior family judge reaffirms goal of having Family Drug and Alcohol Court in every area – Local Government Lawyer

Posted May 20th, 2025 in news by sally

‘The President of the Family Division, Sir Andrew McFarlane, has expressed frustration that there is a Family Drug and Alcohol Court (FDAC) in only 20% of areas, saying it remains his goal that there is one in every area.’

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Local Government Lawyer, 20th May 2025

Source: www.localgovernmentlawyer.co.uk

The first UK-EU Arbitration Ruling under the Trade and Cooperation Agreement: the sandeel fishing ban – UK-EU Relations Law

Posted May 20th, 2025 in news by sally

‘In this blog post, Professor Panos Koutrakos discusses the first UK-EU arbitration ruling under the Trade and Cooperation Agreement.’

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UK-EU Relations Law, 19th May 2025

Source: eurelationslaw.com

Clinical Negligence Update – Law Pod UK

Posted May 19th, 2025 in news by sally

‘Jim Duffy is joined by 1COR colleague Benjamin Seifert to discuss recent case law touching on expert evidence, fundamental dishonesty, anonymity orders and much more.’

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Law Pod UK, 19th May 2025

Source: audioboom.com

Drug-driver jailed for killing baby in crash – BBC News

Posted May 19th, 2025 in news by sally

‘A drug-driver who reached speeds of 90mph has been jailed for 14 years for the death of a three-week-old baby in a crash.’

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BBC News, 16th May 2025

Source: www.bbc.co.uk

Campaigner wins court case over festivals in south London park – The Guardian

Posted May 19th, 2025 in news by sally

‘A campaigner who argued that music festivals held in a south London park unfairly cut off large sections of the space and made it a “mud bath” has won a court case that could result in events being banned there this summer.’

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The Guardian, 16th May 2025

Source: www.theguardian.com

Prison governor jailed for relationship with inmate – BBC News

Posted May 19th, 2025 in news by sally

‘A prison governor who had a relationship with a drug-dealing gang boss has been jailed for nine years.’

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BBC News, 15th May 2025

Source: www.bbc.co.uk

Killer jailed for life for stabbing mum at Carnival – BBC News

Posted May 19th, 2025 in news by sally

‘The man who murdered Cher Maximen in front of her three-year-old daughter at Notting Hill Carnival has been jailed for life.’

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BBC News, 16th May 2025

Source: www.bbc.co.uk

UK train companies could have to pay disabled passengers more compensation after rule change – The Guardian

Posted May 19th, 2025 in news by sally

‘Railway operators in the UK could soon have to pay out far greater sums in compensation to disabled passengers left unable to access trains despite booking assistance.’

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The Guardian, 18th May 2025

Source: www.theguardian.com

‘It’s a scandal’: Fury as inmates trapped on indefinite jail terms excluded from scheme to free up prison space – The Independent

Posted May 19th, 2025 in news by sally

‘Excluding prisoners trapped under abolished indefinite jail terms from new measures to free up hundreds of desperately needed prison cells has been branded “morally wrong” and a “missed opportunity”.’

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The Independent, 18th May 2025

Source: www.independent.co.uk