‘Simon Kiely and Francesca Gallagher examine useful Upper Tribunal guidance on the approach the First-Tier Tribunal should adopt when considering the level of civil penalties on appeal.’
Local Government Lawyer, 30th June 2023
Source: www.localgovernmentlawyer.co.uk
‘The public sector equality duty (“PSED”) imposed by section 149 of the Equality Act 2010 is a procedural obligation that requires public bodies to have due regard to the equality needs listed in that section when exercising their functions. This appeal concerns the territorial scope of the PSED. It raises the issue of whether a public body is required under the PSED to have due regard to people living outside the United Kingdom when exercising its functions.’
UKSC Blog, 28th June 2023
Source: ukscblog.com
‘The 1999 FIDIC Red Book of standard form construction contracts introduced the dispute adjudication board (DAB) as part of a contract-specific tiered dispute resolution process.’
OUT-LAW.com, 3rd July 2023
Source: www.pinsentmasons.com
‘The Levelling-Up and Regeneration Bill (“LURB”), currently before the House of Lords, aims to facilitate the government’s levelling-up agenda, which was set out in the ‘Levelling-Up the United Kingdom’ White Paper in 2022. At 222 clauses and 18 schedules, full consideration of the Bill (as amended in Committee, 24th May 2023) would require more than a blog post, but its legislative aims can be somewhat succinctly expressed. The Bill proposes a scheme of local government and planning reforms, each aimed at promoting regional growth and “levelling-up”. Part I sets out the scope of levelling-up, detailing the obligations of the government in determining a levelling-up agenda. Part II then proposes a series of reforms to local democracy, devolving governance powers further to county councils, and giving them greater control to determine regional projects. The theme of project infrastructure continues, with Parts III-V and VIII-IX of the Bill reforming planning law and establishing different support mechanisms for development, including an infrastructure levy and providing for development corporations. Alongside the planning provisions, Parts VI-VII reform Environmental Impact Assessments and Nutrient Pollution Standards, establishing a new framework for these environmental tests.’
UK Constitutional Law Association, 28th June 2023
Source: ukconstitutionallaw.org
‘From 1 October 2023, England and Wales will have its first female Lord Chief Justice (“LCJ”), with the recent news that His Majesty The King was “pleased to approve” Dame Sue Carr’s appointment to the office. Her appointment follows the announcement of the retirement of current Lord Chief Justice The Rt Hon. Lord Burnett at the end of September. In light of the news of change to England and Wales’ highest judicial office, questions will inevitably be asked about the role and its power within the judiciary and in the constitution as a whole. With this in mind, I want to make some initial observations about the role of the LCJ, noting that we may not necessarily understand the nature of LCJ power simply by reading relevant statutory provisions, since the power of the LCJ is partly a function of the role and partly of the character, personality and skills of the individual holding it. What this suggests is that the change in office-holder may prove to be more significant than it appears at first.’
UK Constitutional Law Association, 3rd July 2023
Source: ukconstitutionallaw.org
‘Karen Morean and William O’Brien outline how creditor local authorities can challenge a company voluntary arrangement.’
Local Government Lawyer, 30th June 2023
Source: www.localgovernmentlawyer.co.uk
‘North Lincolnshire Council recently successfully defended a personal injury claim brought by a claimant who slipped at a pay and display car park the local authority owned but had demised. Toby Coupe explains how.’
Local Government Lawyer, 30th June 2023
Source: www.localgovernmentlawyer.co.uk
‘This Briefing describes the mandatory licensing conditions that apply to the sale of alcohol in England and Wales.’
House of Commons Library , 28th June 2023
Source: commonslibrary.parliament.uk
‘Lord Anderson has published his independent review of the Investigatory Powers Act 2016.’
Home Office, 30th June 2023
Source: www.gov.uk
‘Speech by HHJ Pelling KC: Issues in Crypto Currency Fraud Claims – an update.’
Courts and Tribunals Judiciary, 28th June 2023
Source: www.judiciary.uk
‘Interest on a £38 million costs order is due on the date of the original order and accrues from day to day thereafter, a judge has ruled followign a 10-year legal battle. The Honourable Mrs Justice Dias described the application before her in Deutsche Bank AG v Sebastian Holdings Inc as raising “a short but interesting point of statutory construction on which there is surprisingly no direct authority.”’
Law Society's Gazette, 30th June 2023
Source: www.lawgazette.co.uk
‘England’s most senior police officer on foxhunting has said the law on the crime is not working because it permits trail hunts that have become a “smokescreen” for the continued illegal persecution of animals.’
The Guardian, 29th June 2023
Source: www.theguardian.com
‘New measures aimed at curbing protest methods often used by environmental groups have come into effect.’
BBC News, 2nd July 2023
Source: www.bbc.co.uk
‘Five years have passed since the Government announced its intention to ban conversion therapies. Here is what has happened since.’
The Independent, 3rd July 2023
Source: www.independent.co.uk
‘A coroner has criticised a betting operator for failing to intervene over a high volume of bets made by a problem gambler before he took his own life, the first verdict of its kind.’
The Guardian, 29th June 2023
Source: www.theguardian.com
‘A researcher who lost her job at a thinktank after tweeting that transgender women could not change their biological sex has been awarded more than £100,000 in compensation by an employment tribunal.’
The Guardian, 1st July 2023
Source: www.theguardian.com
‘Less than a year since it was first laid before parliament, the Financial Services and Markets Bill has been granted Royal Assent – firing the starting pistol on what is likely to be a marathon effort to establish the UK’s post-Brexit financial services legislative and regulatory landscape.’
OUT-LAW.com, 29th June 2023
Source: www.pinsentmasons.com
‘In R (MXK) v Secretary of State for the Home Department [2023] EWHC 1272 (Admin), the Administrative Court held that:
the repeated detention of the claimants – foreign nationals with limited leave to remain – when they returned to the UK from travelling abroad, so that they could be questioned about their NHS debts, was unlawful;
the policy pursuant to which the claimants were detained (the “Policy”) was unlawful because it contained a positive statement of law which was wrong or, alternatively, because it failed to provide a full account of the legal position;
the Policy was unlawful because it was unpublished; and
the Secretary of State for the Home Department (“SSHD”) was in breach of the public sector equality duty (“PSED”) under s.149 of the Equality Act 2010.
In reality, the facts carried the day. This was true not only in relation to the unlawful detention issue, but also on some other points – for example, the SSHD failed to evidence any public interest in not publishing the Policy or any consideration given to the equality impacts of the exercise of the relevant powers of detention. Insofar as there are lessons to be learned, they are likely to be found in the criticisms levelled at the evidence (or lack thereof) provided by the SSHD.’
UK Human Rights Blog, 29th June 2023
Source: ukhumanrightsblog.com
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