Neuberger: expert witnesses can learn from Supreme Court – Litigation Futures

Posted October 2nd, 2019 in expert witnesses, judiciary, news, Supreme Court by sally

‘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.’

Full Story

Litigation Futures, 2nd October 2019

Source: www.litigationfutures.com

In Court – Stephen Sedley – London Review of Books

Posted October 2nd, 2019 in brexit, constitutional law, Crown, news, parliament, prorogation by sally

‘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.’

Full Story

London Review of Books, 10th October 2019

Source: www.lrb.co.uk

‘Matter of time’: lawyers optimistic about enforcing foreign judgments – Law Society’s Gazette

Posted October 2nd, 2019 in enforcement, foreign jurisdictions, judgments, news, treaties by sally

‘Lawyers are optimistic about the success of a new international convention designed to make the enforcement of court judgments easier across jurisdictions.’

Full Story

Law Society's Gazette, 1st October 2019

Source: www.lawgazette.co.uk

Anurag Deb: A Constitution of Principles: From Miller to Minerva Mills – UK Constitutional Law Assocation

‘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.’

Full Story

UK Constitutional Law Association, 1st October 2019

Source: ukconstitutionallaw.org

IICSA Inquiry – Residential Music Schools – Law & Religion UK

Posted October 2nd, 2019 in child abuse, inquiries, news, school children, sexual offences by sally

‘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.’

Full Story

Law & Religion UK, 30th September 2019

Source: www.lawandreligionuk.com

Scotland Yard to publish long awaited report into disastrous handling of ‘Nick’ case – Daily Telegraph

Posted October 2nd, 2019 in child abuse, news, police, reports, sexual offences by sally

‘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.’

Full Story

Daily Telegraph, 1st October 2019

Source: www.telegraph.co.uk

Obscenity judge’s copy of Lady Chatterley’s Lover to stay in UK – The Guardian

‘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.’

Full Story

The Guardian, 1st October 2019

Source: www.theguardian.com

Case Preview: Edwards v Hugh James Ford Simey (a firm) – UKSC Blog

‘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.’

Full Story

UKSC Blog, 30th September 2019

Source: ukscblog.com

Action needed to tackle domestic abuse of over-60s, says Age UK – The Guardian

Posted October 2nd, 2019 in domestic violence, elderly, news, victims by sally

‘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.’

Full Story

The Guardian, 2nd October 2019

Source: www.theguardian.com

Rent Repayment Orders, limitation and award periods – Nearly Legal

Posted October 2nd, 2019 in limitations, news, rent, repayment by sally

‘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.’

Full Story

Nearly Legal, 30th September 2019

Source: nearlylegal.co.uk

SRA “wrong” to sanction solicitor for nanny discrimination – Legal Futures

‘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.’

Full Story

Legal Futures, 1st October 2019

Source: www.legalfutures.co.uk

Who decides the length of prison sentences?

Posted October 2nd, 2019 in imprisonment, news, release on licence, sentencing, statistics by sally

‘Serious criminals will face “tougher” jail sentences, the government has said.’

Full Story

BBC News, 2nd October 2019

Source: www.bbc.co.uk

E-mail footer counted as signature for property contract – Legal Futures

‘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.’

Full Story

Legal Futures, 30th September 2019

Source: www.legalfutures.co.uk

BAILII and the re-use of judgments as public legal information – Transparency Project

Posted October 1st, 2019 in confidentiality, copyright, internet, judgments, news, privacy by sally

‘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.’

Full Story

Transparency Project, 1st October 2019

Source: www.transparencyproject.org.uk

High Court denies anonymity to ex-client suing firm – Litigation Futures

‘A former client suing Leeds law firm Shulmans for £4m has lost his bid to do so anonymously.’

Full Story

Litigation Futures, 30th September 2019

Source: www.litigationfutures.com

City council secures £40k fine over dangerous and unlicensed House in Multiple Occupation – Local Government Lawyer

Posted October 1st, 2019 in fines, health & safety, housing, landlord & tenant, local government, news by sally

‘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).’

Full Story

Local Government Lawyer, 1st October 2019

Source: www.localgovernmentlawyer.co.uk

Can parents agree to a 16 year old being detained? – Transparency Project

‘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.’

Full Story

Transparency Project, 28th September 2019

Source: www.transparencyproject.org.uk

Scores of Extinction Rebellion protesters face London courts – The Guardian

‘Scores of environmental activists will appear in court this week in one of the UK’s biggest legal crackdowns on climate protests.’

Full Story

The Guardian, 30th September 2019

Source: www.theguardian.com

Ep 95: A Rogue Prorogation – Law Pod UK

‘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.’

Full Story

Law Pod UK, 27th September 2019

Source: audioboom.com

Alan Turing law: Gay, unjustly convicted – and now denied a pardon – BBC News

‘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?’

Full Story

BBC News, 30th September 2019

Source: www.bbc.co.uk