Category: news

Balancing heritage and necessity: Consistory Court jurisdiction in managing churchyard trees – Law & Religion UK

Posted November 22nd, 2024 in Church of England, faculties, news, planning, trees by sally

‘The human race has always had an emotional attachment to trees. Trees live so much longer than a human lifespan that we imagine, perhaps sentimentally and fancifully, that they probably knew our ancestors and witnessed significant historical events. Certain familiar trees have become particular objects of affection. The wanton felling of the Gap Sycamore tree caused national outrage.’

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Law & Religion UK, 22nd November 2024

Source: lawandreligionuk.com

Assisted dying – a tale of three Bills – Mental Capacity Law and Policy

Posted November 22nd, 2024 in assisted suicide, bills, news, parliament, suicide by sally

‘During the pandemic, everyone had a crash course in constitutional theory, learning what was law and what was merely guidance when it came to what they could and could not do inside and outside their homes. In similar vein, people are now having a crash course in what Private Members’ Bills are, thanks to the introduction of Kim Leadbeater MP’s Terminally Ill Adults (End of Life) Bill. Social media is now full of extensive discussions about precisely what such Bills are, what level of scrutiny they give rise to, what prospects there are for amending them, and what the role of the House of Lords is in relation to such Bills. It can be somewhat bewildering, but some might find this from the Institute for Government quite helpful.’

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Mental Capacity Law and Policy, 22nd November 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Whiplash tariff set to rise 15% as Mahmood finally publishes review – Legal Futures

Posted November 22nd, 2024 in accidents, compensation, lord chancellor, Ministry of Justice, news, personal injuries, road traffic by sally

‘The whiplash tariff is set to increase by around 15%, the government announced yesterday, reflecting inflation since it was introduced in 2021 and including a ‘buffer’ to take account of predicted inflation until the next review in 2027.’

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Legal Futures, 22nd November 2024

Source: www.legalfutures.co.uk

Slapps used to silence whistleblowers should be outlawed, says group of MPs – The Guardian

Posted November 22nd, 2024 in defamation, disclosure, employment, freedom of expression, media, news, postal service, public interest, whistleblowers by sally

‘Excessive legal threats used to silence those who tried to expose the Post Office Horizon scandal and allegations against Mohamed Al Fayed should be outlawed, a cross-party group of MPs have said.’

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The Guardian, 21st November 2024

Source: www.theguardian.com

An update on the law of infanticide: a review of cases over the past 20 years by the Cambridge Pro-Bono Project – Doughty Street Chambers

Posted November 21st, 2024 in birth, causing death of children or vulnerable adults, chambers articles, concealing birth, defences, infanticide, mental health, murder, news by sally

‘Under Section 1(1) of the Infanticide Act 1938 a woman may be charged with infanticide or raise it as a defence to murder under Section 1(2). It is a significant piece of legislation that can only be committed by a woman against her biological child which must be under 12 months old, and arises in circumstances where she is accused of causing the death of the infant by wilful act or omission at a time when the “the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child.”’

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Doughty Street Chambers, 11th October 2024

Source: insights.doughtystreet.co.uk

Francesca Jackson: What Does the Debate Over Slavery Reparations Tell Us About the Cardinal Convention, Soft Power and the Public Service Monarchy? – UK Constitutional Law Association

Posted November 21st, 2024 in colonies, compensation, constitutional law, Crown, news, prerogative powers by sally

‘There is a good reason why the constitutional convention requiring the monarch to exercise his prerogative powers on the advice of his government is known as the “Cardinal Convention”: it is ‘the most fundamental’ constitutional convention relating to the monarchy – something King Charles is finding out when it comes to slavery reparations.’

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UK Constitutional Law Association, 21st November 2024

Source: ukconstitutionallaw.org

MPs to summon Elon Musk to testify about X’s role in UK summer riots – The Guardian

Posted November 21st, 2024 in inquiries, internet, news, parliament, violent disorder by sally

‘MPs are to summon Elon Musk to testify about X’s role in spreading disinformation, in a parliamentary inquiry into the UK riots and the rise of false and harmful AI content, the Guardian has learned.’

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The Guardian, 20th November 2024

Source: www.theguardian.com

The strange afterlife of blasphemy – Law & Religion UK

Posted November 21st, 2024 in advertising, blasphemy, codes of practice, freedom of expression, human rights, news by sally

‘The criminal offence of blasphemy is dead. It was unceremoniously abolished by section 79(1) of the Criminal Justice and Immigration Act 2008. My colleague Norman Doe and I wrote a piece entitled ‘The Strange Death of Blasphemy’, which looked at events leading up to its abolition. The offence is now long dead.’

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Law & Religion UK, 21st November 2024

Source: lawandreligionuk.com

Insight – How does the definition of domestic abuse apply to under 16s? – House of Commons Library

Posted November 20th, 2024 in children, domestic violence, murder, news, young offenders, young persons by sally

‘The law defines domestic abuse as abusive behaviour by one person towards another, where both people are aged 16 or over. This age limit has come under scrutiny following the murder of 15-year-old Holly Newton by her ex-boyfriend. In a victim impact statement to court, Holly’s mother, Micala Trussler, described Holly’s murder as “a classic case of domestic abuse”, but said the law prevented her from calling it domestic abuse due to Holly’s age. This Insight looks at the statutory definition of domestic abuse and how it applies to teenage relationships.’

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House of Commons Library, 19th November 2024

Source: commonslibrary.parliament.uk

BAILII: Recent Decisions

Posted November 20th, 2024 in law reports, news by sally

Court of Appeal (Civil Division)

CRF 1 Ltd v Banco Nacional De Cuba & Anor [2024] EWCA Civ 1409 (19 November 2024)

Court of Appeal (Criminal Division)

Hill, R. v [2024] EWCA Crim 1423 (18 November 2024)

High Court (Administrative Court)

Hyder v General Medical Council [2024] EWHC 2945 (Admin) (19 November 2024)

High Court (Chancery Division)

Adie & Anor v Ingenuity Digital Ltd [2024] EWHC 2902 (Ch) (18 November 2024)

High Court (Family Division)

SB, Re [2024] EWHC 2964 (Fam) (19 November 2024)

A (a Child) (Recognition of Nigerian Adoption: common law test) [2024] EWHC 2888 (Fam) (17 November 2024)

High Court (Patents Court)

Lenovo Group Ltd & Ors v Telefonaktiebolaget LM Ericsson (publ) & Anor [2024] EWHC 2941 (Pat) (19 November 2024)

High Court (King’s Bench Division)

Savva v Leather Inside Out & Ors [2024] EWHC 2867 (KB) (18 November 2024)

Not & Ors v Jaguar Land Rover Ltd & Ors [2024] EWHC 2920 (KB) (18 November 2024)

High Court (Technology and Construction Court)

BNP Paribas Depository Services Ltd & Anor v Briggs & Forrester Engineering Services Ltd [2024] EWHC 2903 (TCC) (18 November 2024)

Source: www.bailii.org

October 2024 Roundup – Football Law

Posted November 20th, 2024 in bills, drug abuse, news, professional conduct, sanctions, sport by sally

‘A roundup of football law news and decisions from October 2024.’

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Football Law, 4th November 2024

Source: www.footballlaw.co.uk

ICO makes data protection recommendations on AI recruitment tools – OUT-LAW.com

Posted November 20th, 2024 in artificial intelligence, data protection, news, recruitment by sally

‘Employers in the UK who use artificial intelligence (AI) tools for recruitment need to pay attention to their data protection obligations and have oversight of the AI provider’s data protection compliance process, a recent report by the UK’s data protection regulator has urged.’

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OUT-LAW.com, 19th November 2024

Source: www.pinsentmasons.com

‘Critical third parties’ face UK financial services regulation from 2025 – OUT-LAW.com

Posted November 20th, 2024 in disclosure, financial regulation, news, third parties by sally

‘Major technology providers could face broad new disclosure duties, including obligations to notify regulators of planned technology change projects, resourcing challenges, and of evolving cyber incidents or outages in their infancy, under new rules being introduced in UK financial services.’

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OUT-LAW.com, 19th November 2024

Source: www.pinsentmasons.com

Scope of UK Takeover Code to narrow in 2025 – OUT-LAW.com

Posted November 20th, 2024 in competition, news, regulations, takeovers by sally

‘Rules that govern takeover bids for many UK businesses are to be narrowed in scope in a move experts said will better align with the expectation of shareholders. The changes to the Takeover Code take effect from 3 February 2025.’

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OUT-LAW.com, 19th November 2024

Source: www.pinsentmasons.com

Injuries and Part 25 experts – Local Government Lawyer

Posted November 20th, 2024 in accidents, care orders, child cruelty, children, expert witnesses, families, family courts, local government, news by sally

‘Matthew Timm analyses a Family Court ruling that a local authority had failed to discharge the burden of proof in asserting that injuries to a child when he was eight months old were inflicted by one or other of his parents.’

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Local Government Lawyer, 20th November 2024

Source: www.localgovernmentlawyer.co.uk

Children case law update: November 2024 – Local Government Lawyer

Posted November 20th, 2024 in care orders, children, codes of practice, families, family courts, Islam, local government, mental health, news by sally

‘Sarah Hutchinson summarises recent Family Division rulings on an application by a father for a boy subject to a care order to be circumcised, and an application by an NHS for permission for NG feeding and restraint in respect of a 12-year old girl with anorexia nervosa.’

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Local Government Lawyer, 20th November 2024

Source: www.localgovernmentlawyer.co.uk

Capacity and civil proceedings – Local Government Lawyer

Posted November 20th, 2024 in civil justice, civil procedure rules, disabled persons, learning difficulties, local government, mental health, news by sally

‘Holly Tibbits examines new recommendations from a working group of the Civil Justice Council on determining capacity to litigate in civil proceedings.’

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Local Government Lawyer, 20th November 2024

Source: www.localgovernmentlawyer.co.uk

Lack of sanction for costs draftsman shows “hole in regulation” – Legal Futures

Posted November 20th, 2024 in costs, disciplinary procedures, drafting, jurisdiction, news, solicitors, Solicitors Regulation Authority by sally

‘A judge’s comments on the lack of recourse against an unregulated costs draftsman should focus minds on this hole in legal regulation, the Association of Costs Lawyers (ACL) has argued.’

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Legal Futures, 20th November 2024

Source: www.legalfutures.co.uk

Class action firms eye million claims against Jaguar Land Rover – Legal Futures

Posted November 20th, 2024 in class actions, compensation, law firms, news by sally

‘Two leading class action law firms have obtained a group litigation order (GLO) to open up a new front against a motor manufacturer for something other than emissions defeat devices.’

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Legal Futures, 20th November 2024

Source: www.legalfutures.co.uk

Home Secretary announces major policing reforms – Home Office

Posted November 20th, 2024 in government departments, news, police by sally

‘An ambitious programme of reform to policing has been unveiled by the Home Secretary, marking the start of a new partnership between government and policing.’

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Home Office, 19th November 2024

Source: www.gov.uk