news – Page 1539 – Current Awareness

Thomas Fairclough: Article 50 and the Royal Prerogative – UK Constitutional Law Association

Posted July 11th, 2016 in constitutional law, EC law, news, referendums, royal prerogative, treaties by sally

‘This piece seeks to address only one question: does Parliament or the Government have the power to decide to withdraw from the European Union in accordance with Article 50 TEU and through the notifying of the European Council of such a decision trigger the two year time limited formal withdrawal negotiations? Nick Barber, Tom Hickman, and Jeff King have argued valiantly that it will be Parliament who has to “pull the Article 50 trigger”. This piece will analyse their arguments and suggest that, contrary to their conclusions, it is the Government, under the Royal Prerogative, that has legal authority to start the Article 50 process.’

UK Constitutional Law Association, 8th July 2016

Source: www.ukconstitutionallaw.org

FGM: ‘More community funding needed’ to maintain progress – BBC News

Posted July 11th, 2016 in female genital mutilation, local government, news by sally

‘Community groups involved in an initiative to tackle female genital mutilation in England and Wales have warned that future progress could be threatened by a lack of local funding.’

BBC News, 11th July 2016

Source: www.bbc.co.uk

Jonathan Morgan: A Brexit General Election? – UK Constitutional Law Association

Posted July 11th, 2016 in brexit, constitutional law, EC law, elections, news, referendums, treaties by sally

‘Alea jacta est said Caesar, having crossed the Rubicon and burned his bridges. The Brexit referendum appears equally momentous and irreversible. But is it? There have been calls for Parliament simply to ignore the outcome. A fresh general election should be called to resolve the mounting constitutional crisis.’

UK Constitutional Law Association, 9th July 2016

Source: www.ukconstitutionallaw.org

Court of Appeal says when it is “reasonable” to remove a child resident for 7 years or more – Free Movement

Posted July 11th, 2016 in children, freedom of movement, immigration, news by sally

‘The issue of when a child should be expected to relocate to another country because of UK immigration laws is an emotive one. In 2012 a new Immigration Rule was introduced stating that a foreign child would be permitted to remain if the child had lived in the UK for at least 7 years AND it was not reasonable to expect the child to relocate. This was paragraph 276ADE(vi) of the Immigration Rules. It was implied that the parents would also be permitted to stay to look after the child.’

Free Movement, 7th July 2016

Source: www.freemovement.org.uk

Consumers “generally satisfied” with legal services providers, key survey finds – Legal Futures

Posted July 11th, 2016 in competition, legal services, news, statistics by sally

‘There are high levels of consumer satisfaction with legal services, according to a survey commissioned by the Competition and Markets Authority (CMA).’

Legal Futures, 11th July 2016

Source: www.legalfutures.co.uk

Councils drop term-time holiday legal actions after High Court win – Daily Telegraph

Posted July 11th, 2016 in local government, news, school children, truancy by sally

‘At least ten local councils in England have dropped legal actions against parents accused of taking their children on holiday during school term time, newly-released data shows.’

Daily Telegraph, 9th July 2016

Source: www.telegraph.co.uk

In full: The letter from 1,000 lawyers to David Cameron over EU Referendum – The Independent

Posted July 11th, 2016 in barristers, brexit, EC law, news, referendums, treaties by sally

‘More than 1,000 lawyers have signed a letter addressed to Prime Minister David Cameron saying the EU referendum result is merely “advisory” and not legally binding.’

The Independent, 11th July 2016

Source: www.independent.co.uk

Plan to enable prosecution of MoD over training deaths rejected – The Guardian

Posted July 11th, 2016 in armed forces, corporate manslaughter, news, prosecutions by sally

‘The government has rejected a proposed legal change that would have allowed for the Ministry of Defence to be prosecuted for corporate manslaughter over deaths during hazardous training such as the SAS exercise on the Brecon Beacons that claimed the lives of three reservists.’

The Guardian, 10th July 2016

Source: www.guardian.co.uk

Inside a Sharia council divorce hearing – BBC News

Posted July 11th, 2016 in divorce, islamic law, news by sally

‘”Yasmeenah” is seeking an Islamic divorce from her husband and has turned to a Sharia council in the hope one will be granted by Islamic scholars.

This council at Birmingham Central Mosque is one of an estimated 30 established councils across the UK, often referred to as Sharia “courts”.

The BBC has been given rare access.’

BBC News, 11th July 2016

Source: www.bbc.co.uk

Drink and drug-drivers who cause fatal crashes should be charged with manslaughter and face life sentences, nine in 10 people think – Daily Telegraph

Posted July 11th, 2016 in alcohol abuse, dangerous driving, drug abuse, homicide, news by sally

‘Drink or drug-drivers who cause fatal crashes should be charged with manslaughter and should face life sentences in prison, nine in 10 people think.’

Daily Telegraph, 11th July 2016

Source: www.telegraph.co.uk

Children guilty of sexual abuse should not be ‘unnecessarily criminalised’ – The Guardian

Posted July 11th, 2016 in children, news, sexual offences by sally

‘Children and young people should not be “unnecessarily criminalised” for displaying harmful sexual behaviour towards others, an inquiry backed by the charity Barnardo’s has concluded.’

The Guardian, 11th July 2016

Source: www.guardian.co.uk

Court of Appeal: lender entitled to recover full refinancing loan in negligent property valuation case – OUT-LAW.com

Posted July 8th, 2016 in appeals, banking, insurance, loans, negligence, news, surveyors, valuation by sally

‘A lender was entitled to recover the full amount of a refinancing loan it granted after relying on a negligent property valuation, and not just the ‘top-up’ funding, the Court of Appeal has ruled.’

OUT-LAW.com, 6th July 2016

Source: www.out-law.com

Colm O’Cinneide: Why Parliamentary Approval for the Triggering of Article 50 TEU Should Be Required as a Matter of Constitutional Principle – UK Constitutional Law Association

Posted July 8th, 2016 in consent, constitutional law, EC law, law firms, news, parliament, referendums, royal prerogative by sally

‘The argument that Article 50 of the Treaty on European Union (TEU) cannot be lawfully triggered without the consent of Parliament has generated plenty of excited discussion over the last week, both in specialist legal circles and in the wider world. The announcement by Mishcon de Reya that that legal action was pending to ‘ensure the UK Government will not trigger the procedure for withdrawal from the EU without an Act of Parliament’ has brought this debate to boiling point. Some commentators have talked excitedly about a ‘legal dream team… launching a last gasp legal bid to preserve Britain’s European Union membership’. In response, there has been a visceral backlash in pro-Leave ranks against what they see as an attempt by conniving lawyers to thwart the will of the people. The front page of the Daily Express on 4 July 2016 led with the banner headline ’Top Lawyers in Threat to Referendum Vote & Democracy’, going on to warn about ‘outrage and rioting on the streets’. Similarly, Professor Frank Furedi commenting on Twitter described the proposed legal action as nothing less than an ‘authoritarian attempt at a “legal” coup’, with Brendan O’Neill indulging in similar hysteria in the Spectator.’

UK Constitutional Law Association, 7th July 2016

Source: www.ukconstitutionallaw.org

Care provider ends contracts with two councils over “unacceptable” rate offers – Local Government Lawyer

Posted July 8th, 2016 in budgets, carers, local government, news, remuneration by sally

‘A leading care provider has served notice on two North West councils over the “unacceptable” rates they are offering care workers.’

Local Government Lawyer, 7th July 2016

Source: www.localgovernmentlawyer.co.uk

Ex-model wins ‘record’ £53m cash settlement in divorce battle – The Guardian

Posted July 8th, 2016 in diplomats, divorce, financial dispute resolution, immunity, islamic law, news by sally

‘A former model has been awarded a £53m cash settlement in a high court divorce battle with her Saudi billionaire ex-husband.’

The Guardian, 8th July 2016

Source: www.guardian.co.uk

Supreme Court to give reasons for allowing appeal over legal aid residence test – Local Government Lawyer

Posted July 8th, 2016 in appeals, civil justice, domicile, human rights, legal aid, news, Supreme Court, ultra vires by sally

‘The Supreme Court will next week give its reasons as to why it concluded that the Ministry of Justice’s introduction of a residence test for civil legal aid via secondary legislation was unlawful.’

Local Government Lawyer, 7th July 2016

Source: www.localgovernmentlawyer.co.uk

Consultation on further liberalisation of legal services market – Law Society’s Gazette

Posted July 8th, 2016 in competition, complaints, consultations, legal services, news, ombudsmen, public interest by sally

‘The government today unveiled plans for a second wave of reforms aimed at opening the legal services market to new businesses.’

Law Society’s Gazette, 7th July 2016

Source: www.lawgazette.co.uk

Court of Appeal ruling ‘provides extra ammunition’ in fight against sale of counterfeit goods online, says expert – OUT-LAW.com

Posted July 8th, 2016 in consumer protection, counterfeiting, electronic commerce, injunctions, internet, news by sally

‘A new ruling by the Court of Appeal in London “provides extra ammunition” to brands in their fight against the sale of counterfeit goods online, an expert has said.’

OUT-LAW.com, 7th July 2016

Source: www.out-law.com

Carers struggling to access rights under Care Act: report – Local Government Lawyer

Posted July 8th, 2016 in carers, local government, news by sally

‘The Care Act 2014 has made little difference to the lives of some 5.4m unpaid carers, a review has found.’

Local Government Lawyer, 6th July 2016

Source: www.localgovernmentlawyer.co.uk

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