‘Lord Neuberger, former president of the Supreme Court, has told expert witnesses that they can learn from the “impartial” way the court handled the Brexit case.’
Litigation Futures, 2nd October 2019
Source: www.litigationfutures.com
‘For at least four centuries the courts have contested the claims of monarchs to untrammelled authority. ‘The king,’ Chief Justice Coke said in 1611, ‘hath no prerogative but what the law of the land allows him.’ Although the historic settlement of 1688-89, which gave us today’s constitutional monarchy, left in existence a wide swathe of prerogative powers, these have become subject to two governing principles. One is that they cannot be enlarged. The other is that both their constitutional extent and their lawful use are subject to judicial review. If the rule of law is to mean anything, it has to mean this.’
London Review of Books, 10th October 2019
Source: www.lrb.co.uk
‘Lawyers are optimistic about the success of a new international convention designed to make the enforcement of court judgments easier across jurisdictions.’
Law Society's Gazette, 1st October 2019
Source: www.lawgazette.co.uk
‘In a succinct and surprisingly unanimous judgment in Miller and Cherry [2019] UKSC 41 the UK Supreme Court delivered an unprecedented rebuke to the Prime Minister in deciding that he had not shown “any reason – let alone a good reason” to advise the Queen to prorogue Parliament, ruling that the prorogation was unlawful, void and of no effect. While the Court was anxious (and perhaps over-eager) to stress that the judgment was a “one-off”, constitutional lawyers have and will continue to debate the far-reaching effects of the ruling on the UK Constitution for decades to come. One discrete point that will divide commentators is the precise juridical basis for the decision, with eyebrows raised at the repeated appeals by the Court to common law constitutionalism in arriving at its decision. Aiden O’Neill QC, for the Cherry respondents referenced the landmark Marbury v Madison ruling of the US Supreme Court to highlight the significance of Wightman v Brexit Secretary and perhaps remind the Supreme Court of the momentousness of the prorogation appeals before it. Indeed, commentators have made comparisons between the UK Supreme Court and the US Supreme Court in the course of the increasingly fraught recent constitutional cases. While such comparisons may mushroom in the days (and years) to come, I argue that a tellingly apposite comparison in the underlying ratio of Miller and Cherry lies with a constitutional court on the other side of the world: The Supreme Court of India.’
UK Constitutional Law Association, 1st October 2019
Source: ukconstitutionallaw.org
‘The Independent Inquiry into Child Sexual Abuse (IICSA) is holding a public hearing in the Residential Schools investigation from 30 September – 11 October. The scope of the investigation is here; the hearing will examine child sexual abuse in residential music and special schools, as well as institutional responses and safeguarding procedures. The first week will focus on residential music schools: Chetham’s School of Music; Wells Cathedral School; Yehudi Menuhin School; and Purcell School. These schools were chosen “because of the issues arising from their specialist nature, including one-to-one tuition, an intimate atmosphere and an imbalance of power in teacher/pupil relationships”. Residential special schools will be examined in the second week of the hearing, including Appletree School, Southlands School, Stony Dean, Stanbridge Earls and Royal School Manchester.’
Law & Religion UK, 30th September 2019
Source: www.lawandreligionuk.com
‘Scotland Yard is to publish the long awaited report by Sir Richard Henriques into its disastrous handling of the Operation Midland investigation on Friday, it has confirmed.’
Daily Telegraph, 1st October 2019
Source: www.telegraph.co.uk
‘The copy of Lady Chatterley’s Lover used by the judge in the landmark 1960 obscenity trial is to remain in the UK, after the University of Bristol stepped forward to augment the money raised by a crowdfunding campaign backed by writers including Neil Gaiman and Stephen Fry.’
The Guardian, 1st October 2019
Source: www.theguardian.com
‘Rory Thomson, a senior associate in the Insurance and Reinsurance Group at CMS, previews the appeal pending in the case of Edwards v Hugh James Ford Simey (a firm). The case concerns the correct approach to the assessment of damages in a claim for loss of chance arising from solicitors’ negligence, and the extent to which a court should admit evidence obtained after the date of settlement of the original claim as part of that assessment. The appeal was heard by the UK Supreme Court on 25 July 2019, and its judgment is currently awaited.’
UKSC Blog, 30th September 2019
Source: ukscblog.com
‘More than 200,000 people aged 60 to 74 suffered domestic abuse in England and Wales in one year, according to new figures from Age UK, which warned that the total could be higher due to unrecorded abuse.’
The Guardian, 2nd October 2019
Source: www.theguardian.com
‘This is worth a quick note from some comments and questions I have received after this post on a Rent Repayment Order (RRO). The issue is about the meaning of the requirement that an application for an RRO is brought within 12 months of a relevant offence.’
Nearly Legal, 30th September 2019
Source: nearlylegal.co.uk
‘The Solicitors Regulation Authority (SRA) was wrong to sanction a senior finance partner at City giant Hogan Lovells for discriminating against his children’s pregnant nanny, a leading regulatory QC has said.’
Legal Futures, 1st October 2019
Source: www.legalfutures.co.uk
‘Serious criminals will face “tougher” jail sentences, the government has said.’
BBC News, 2nd October 2019
Source: www.bbc.co.uk
‘A solicitor’s automated email sign-off sufficed as a ‘signature’ for the purposes of a contract involving the disposition of an interest in land, the High Court has ruled.’
Legal Futures, 30th September 2019
Source: www.legalfutures.co.uk
‘For all practical purposes, the free legal database run by the British and Irish Legal Information Institute (BAILII) is an official source of judgments from senior courts that any member of the public or any journalist can use. But while anyone can read individual judgments and quote bits of them elsewhere, what are the rules about downloading and re-using the content in bulk? Is it public open data or are there restrictions on its re-use? There seems to be some confusion about this, which this article aims to unpick.’
Transparency Project, 1st October 2019
Source: www.transparencyproject.org.uk
‘A former client suing Leeds law firm Shulmans for £4m has lost his bid to do so anonymously.’
Litigation Futures, 30th September 2019
Source: www.litigationfutures.com
‘City of Lincoln Council has secured the imposition of its second largest fine on a rogue landlord, after a defendant was found guilty of letting out a dangerous and unlicensed House in Multiple Occupation (HMO).’
Local Government Lawyer, 1st October 2019
Source: www.localgovernmentlawyer.co.uk
‘As a result of a new Supreme Court judgment, local authorities will no longer be able to offer residential care, with parents’ agreement, to 16 and 17 year olds where they are supervised and not free to leave – unless there is a court order. This decision potentially affects many thousands of teenagers who are in supportive placements.’
Transparency Project, 28th September 2019
Source: www.transparencyproject.org.uk
‘Scores of environmental activists will appear in court this week in one of the UK’s biggest legal crackdowns on climate protests.’
The Guardian, 30th September 2019
Source: www.theguardian.com
‘Emma-Louise Fenelon talks to Jo Moore and Jon Metzer from 1 Crown Office Row about the UK Supreme Court decision in R (Miller) v The Prime Minister and Cherry & Ors v Advocate General for Scotland.’
Law Pod UK, 27th September 2019
Source: audioboom.com
‘Two years ago the “Turing law” was passed to right a historic injustice by pardoning gay men convicted in the past because of their sexuality. But fewer than 200 living people have had their convictions wiped out so far. What’s going wrong?’
BBC News, 30th September 2019
Source: www.bbc.co.uk
© Inner Temple Library 2019