Coal: UK’s last opencast mine shuts after legal row – BBC News
‘The UK’s last opencast coalmine will close later as fears mount over whether the massive site will be restored.’
BBC News, 30th November 2023
Source: www.bbc.co.uk
Category: news
James Milton: Rule of Law, Political Accountability and the Importance of Culture – UK Constitutional Law Association
‘Political accountability plays a key role in the operation of the rule of law. This is the main claim I seek to defend through this blog post. My framework here is that the rule of law is just as concerned about the ethos of public officials as it is their actions. Political accountability acts as a mechanism through which the ethos behind public officials actions and decision-making can be monitored. As a result, political accountability plays a crucial part in the operation of the rule of law.’
UK Constitutional Law Association, 30th November 2023
Source: ukconstitutionallaw.org
UK anti-strike rules may breach international law, MPs and peers warn – The Guardian
‘Workers in some public sector jobs will be completely prevented from striking under restrictive rules that may breach international law, parliament’s watchdog on human rights has said.’
The Guardian, 28th November 2023
Source: www.theguardian.com
High court challenge to ‘constitutionally unprecedented’ UK anti-protest law – The Guardian
‘A new law making it easier for the police to put conditions on peaceful protests is “constitutionally unprecedented” and unlawful, according to a claim filed at the high court in London.’
The Guardian, 29th November 2023
Source: www.theguardian.com
Tis’ the season to be jolly, but avoid the pitfalls! – Employment Law Blog
‘Whilst many employees may be welcoming the arrival of the festive season and the array of office parties and workplace socials involved, senior managers and HR will be putting their thinking caps on, as well as their Santa hats, to seek ways to minimise the possibilities of any fallout following the merry times.’
Employment Law Blog, 30th November 2023
Source: www.kingsleynapley.co.uk
Court of Appeal: Judges can order parties to engage in ADR – Legal Futures
‘Courts can order parties to engage in alternative dispute resolution (ADR), so long as it does not restrict their ability to proceed to a judicial hearing, the Court of Appeal ruled today.’
Legal Futures, 29th November 2023
Source: www.legalfutures.co.uk
Killamarsh: Women and children still at risk after murders, coroner says – BBC News
‘A coroner has warned “insufficient” checks by the probation service continue to put women and children at risk after a quadruple murder.’
BBC News, 29th November 2023
Source: www.bbc.co.uk
Boy, 13, who killed his foster carer with her own car sentenced to two years – The Guardian
‘A 13-year-old boy has been sentenced to two years in custody for killing his foster carer with her car outside her Sheffield home earlier this year.’
The Guardian, 29th November 2023
Source: www.theguardian.com
High Court grants permission for legal challenge over lack of legal aid for school exclusion appeals – Local Government Lawyer
‘The High Court has granted permission for a claimant to challenge the lack of legal aid for appeals before an Independent Review Panel (IRP), the independent body that reviews the lawfulness of permanent exclusions.’
Local Government Lawyer, 29th November 2023
Source: www.localgovernmentlawyer.co.uk
Medics quitting jobs over ‘distress caused by rightwing Christian group’ – The Guardian
‘Medics treating critically ill babies are quitting their jobs owing to “considerable moral distress” caused by a rightwing Christian group behind a series of end-of-life court cases, the Guardian has been told.’
The Guardian, 27th November 2023
Source: www.theguardian.com
Bringing the Right to Die to the British Isles (Part I): The Isle of Man’s Proposed Assisted Dying Regime – Oxford Human Rights Hub
‘On 31 October 2023, a bill that would legalise assisted dying for the first time in the British Isles passed its second reading – but not in Westminster. Rather, it was Tynwald, the legislature of the Isle of Man, which took this step towards the protection of the right to a dignified death, or, depending on one’s view, the erosion of the right to life.’
Oxford Human Rights Hub, 28th November 2023
Source: ohrh.law.ox.ac.uk
UK’s human-rights watchdog at risk of UN downgrade – The Guardian
‘Britain’s equality watchdog could lose its right to participate at the UN human rights council as a result of complaints about its independence and record on transgender rights.’
The Guardian, 28th November 2023
Source: www.theguardian.com
David Fuller: NHS failures enabled killer to abuse bodies – report – BBC News
‘Mortuary abuser David Fuller was able to offend without being caught because of “serious failings” at the hospitals where he worked, an inquiry has found.’
BBC News, 28th November 2023
Source: www.bbc.co.uk
Why the ‘bona vacantia’ provisions might encourage a person to put a Will in place – Mills & Reeve
‘There are many different reasons why people may not put a will in place. Too busy, too squeamish, thinking their situation is straightforward enough not to need the expense, they don’t have “enough” to matter, or they don’t have any immediate family to benefit so they’re not clear what they want to happen after their deaths.’
Mills & Reeve, 28th November 2023
Source: www.mills-reeve.com
Landlords of crowded London flat that caught fire plead guilty to criminal charges – The Guardian
‘The landlords of a dangerously overcrowded east London flat that suffered a deadly fire in March have pleaded guilty to a total of nine criminal charges.’
The Guardian, 28th November 2023
Source: www.theguardian.com
Homelessness – Local Government Law
‘The central issue before the Supreme Court is R (Imam) v London Borough of Croydon (2023) UKSC 45, in which Judgment was given on 28 November 2023, was whether, and, if so, in what way, a local authority’s lack of financial or other resources should be taken into consideration when a Court is deciding whether to grant a Mandatory Order against the authority in order to enforce its undoubted statutory duty (paragraph 37) towards a homeless individual under Section 193(2) of the Housing Act 1996.’
Local Government Law, 29th November 2023
Source: local-government-law.11kbw.com
Elf Bar vape adverts banned in UK over ‘greener’ recycling claims – The Guardian
‘Adverts for the vaping company Elf Bar have been banned after using the slogan “recycling for a greener future” over concern they were misleading because of the environmental damage of discarded vapes.’
The Guardian, 29th November 2023
Source: www.theguardian.com
Court of Appeal: ‘Very significant obstacles to integration’ is an objective test – EIN Blog
‘NC v Secretary of State for the Home Department [2023] EWCA Civ 1379 (22 November 2023). The Court of Appeal has held that the First-tier Tribunal had erred in its application of the “very significant obstacles to integration” test set out in paragraph 276ADE(1)(vi) of the Immigration Rules, as then in force, by failing to turn its attention to any evidence beyond an individual’s subjective fear of violence if they were returned to their home country. On proper analysis, the FTT should have focused on the reality of the individual’s daily life if returned; specifically, what steps she could reasonable take to avoid or mitigate her fear, such as by seeking state protection or asking for help from relatives. The appellant, “NC”, maintained that there was no error of law in the FTT’s determination, that the Upper Tribunal was itself in error in concluding that there was and that the FTT’s determination in her favour should stand. However, the SSHD maintained that the Upper Tribunal was correct to find that the FTT had made an error of law and to set aside the FTT’s determination. The focus of the appeal was on the meaning of “very significant obstacles to … integration” as those words appeared in paragraph 276ADE(1)(vi) at the material time. The appellant “NC” appealed against the Upper Tribunal’s determination that the FTT had made an error of law when it concluded that she should not be returned to St Kitts and Nevis. NC came to the UK in March 2016, aged 28. She claimed asylum in October 2016.’
EIN Blog, 27th November 2023
Source: www.ein.org.uk
Online Safety Act super-complaints process must not overwhelm Ofcom – OUT-LAW.com
‘The UK government must ensure that the way the new “super-complaints” process under the Online Safety Act is configured enables new risks and systemic issues across services to be addressed whilst guarding against the potential for overwhelming the regulator.’
OUT-LAW.com, 27th November 2023
Source: www.pinsentmasons.com
