‘A High Court judge has refused to allow a local authority to withdraw its application for a care order, finding that an order would be in the “best interests” of a teenage boy with complex needs.’
Local Government Lawyer, 14th March 2024
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal applied ordinary black letter contractual interpretation in construing a non-assignment clause in a contract for sale.’
Gatehouse Chambers, 14th February 2024
Source: gatehouselaw.co.uk
‘This article examines the challenges that immigration control-related political imperatives in the United Kingdom (UK) have posed for UK compliance with the European Convention on Human Rights (ECHR) and evaluates the challenges that the UK’s moving away from ECHR compliance pose for its post-Brexit relationship with the European Union (EU) and its member states. The contribution begins with an examination of the constitutional parameters of UK (non-)compliance with the ECHR in the field of immigration control and the implications of this for the post-Brexit arrangements with the EU and its member states. The contribution then focuses on substantive immigration and refugee law and the impact of the current situation on asylum transfer co-operation within and outside of the EU. Through these areas, the article examines how EU law has infiltrated the interpretation of the ECHR with the result of raising standards of protection for asylum seekers and migrants and hampering the exercise of state sovereignty in the field.’
EIN Blog, 14th March 2024
Source: www.ein.org.uk
‘A 16-year-old girl with “significant and chronic disabilities” who died in squalor at her family home in rural mid-Wales did not have a care plan in place, a child practice review into her death has found.’
The Guardian, 14th March 2024
Source: www.theguardian.com
‘In November 2023, the Supreme Court of the UK dealt a critical blow to the government’s proposal to send certain asylum seekers to the Republic of Rwanda. In AAA and Others v the Home Secretary, the Court ruled that removal to Rwanda would be unlawful because that country was not, at the time, a ‘safe country’.’
UK Constitutional Law Association, 14th March 2024
Source: ukconstitutionallaw.org
‘Regulation may not be answer for the future of the third-party litigation funding market, a former Lord Chief Justice has cautioned ahead of the Civil Justice Council (CJC) review of the sector.’
Legal Futures, 15th March 2023
Source: www.legalfutures.co.uk
‘Two former bankers jailed for rigging interest rates are appealing against their convictions after an eight-year battle to clear their names.’
BBC News, 14th March 2024
Source: www.bbc.co.uk
‘Dispute Resolution analysis: HHJ Pelling, the trial judge in a piece of commercial litigation in England has approved an order by which he was appointed a special examiner to hear the evidence of sanctioned Russian Defendant and a witness on his behalf, his son in Dubai. The witnesses could not give evidence in England and Wales due to a travel ban imposed by the sanctions Regulations. This decision contrasts with a recent decision in the SKAT Litigation.’
Gatehouse Chambers, 20th February 2024
Source: gatehouselaw.co.uk
‘A judge sitting in the Court of Protection has declared that a care plan setting out the arrangements for the termination of a woman’s pregnancy was lawful.’
Local Government Lawyer, 14th March 2024
Source: www.localgovernmentlawyer.co.uk
‘Britain’s competition watchdog has said ground rent is “neither legally nor commercially necessary” and that government may need to step in to protect consumers from soaring costs.’
The Guardian, 13th March 2024
Source: www.theguardian.com
‘In this post, Mark Whiteside, Partner at CMS, and Johanna Dodgson, Associate at CMS, comment on the Supreme Court’s judgment in Target Group Ltd v Commissions for His Majesty’s Revenue and Customs [2023] UKSC 35.’
UKSC Blog, 12th March 2024
Source: ukscblog.com
‘Dispute Resolution analysis: All lawyers know the principle and no doubt regularly rely on legal professional privilege (“LLP”) being a corner stone of the English legal system. However, LLP is not apposite to protect against participation (active or passive) in the commission of fraud. This principle has somewhat inelegantly been described as the “iniquity exception”: – inelegant because it is not an exception (strictly speaking) and rather than applying to iniquity it is applicable in all species of fraud, spanning both criminal and civil jurisdictions.’
Gatehouse Chambers, 4th February 2024
Source: gatehouselaw.co.uk
‘This article considers some complexities surrounding the determination of child competency in matters of data protection. Focusing on the Information Commissioner’s Office (ICO) guidelines, the article highlights the apparently pivotal role competency plays in granting children the ability to exercise their data protection rights and interests. The article critically examines the inherent challenges arising from the ICO’s approach, emphasising the reliance on data controllers to independently assess the competency of child data subjects. The inherent problematic nature of this approach is scrutinised, shedding light on potential shortcomings and raising questions about the effectiveness and fairness of such assessments.’
Information & Communications Technology Law, 27th February 2024
Source: www.tandfonline.com
‘Claire Darwin KC of Matrix Chambers has written an article about pensions and age discrimination law in light of the recent Newell decision.’
Pensions Barrister, 14th March 2024
Source: www.pensionsbarrister.com
‘The Metropolitan police has agreed to pay £10,000 in damages to a woman arrested at the Sarah Everard vigil in Clapham, her solicitors have said.’
The Guardian, 13th March 2024
Source: www.theguardian.com
‘While victims of trafficking who commit crimes have a defense in law in England and Wales, this has not been without controversy in the courts and is increasingly threatened in practice as British government ministers heap suspicion on those formally seeking recognition as victims of modern slavery. In the first part of this article, we review recent criminal cases decided by the Court of Appeal in England and Wales to explore why it is that some victims of trafficking break the law. These cases reveal the impossible choices that constitute the nexus of circumstances that lead victims to offend. In the second part of this article, we examine the cases of three people convicted of modern slavery and allied immigration crimes that are excluded from the statutory defense in English and Welsh law to show how morally comprehensible the commission of serious crimes can be in the aftermath of exploitation, destitution and trauma. We conclude by urging academics and activists in the modern slavery field to be vocal about how few victims fit their stereotypes and to help articulate the irreconcilably difficult choices that explain why some break the law in immigration contexts that are overtly hostile toward them.’
Jounal of Human Trafficking, 27th February 2024
Source: www.tandfonline.com
‘The Court of Appeal in England and Wales has considered what businesses need to do to incorporate standard terms and conditions into a digital contract for online services for the first time.’
OUT-LAW.com, 13th March 2024
Source: www.pinsentmasons.com
‘The Post Office (Horizon system) offences bill, published on Wednesday, will quash the convictions of people resulting from the scandal, which involved hundreds being wrongly prosecuted on the basis of a faulty IT system. Here the Guardian explains the thinking behind the bill and why it is controversial.’
The Guardian, 13th March 2024
Source: www.theguardian.com
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