Changes to gender recognition laws ruled out – BBC News
‘Ministers have ruled out changes to make it easier for transgender people in England and Wales to have their gender legally recognised.’
BBC News, 22nd September 2020
Source: www.bbc.co.uk
Category: Scotland
Case Comment: Sutherland v Her Majesty’s Advocate (Scotland) [2020] UKSC 32 – UKSC Blog
‘In this post, Joanna Clark and Emma Ainsley of CMS discuss the judgment handed down by the UK Supreme Court on 15 July 2020 in a referral from the High Court of Justiciary, the Scottish criminal appeal court, in the matter of Sutherland v Her Majesty’s Advocate [2020] UKSC 32 concerning the admissibility of evidence obtained by so-called “paedophile hunter” groups in criminal trials.’
UKSC Blog, 1st September 2020
Source: ukscblog.com
Family Law Newsletter – Spire Barristers
‘Issue #35 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Georgina Dalton.’
Spire Barristers, 22nd July 2020
Source: spirebarristers.co.uk
Christopher McCorkindale, Aileen McHarg and Tom Mullen: The Continuity Bill is Dead; Long Live the Continuity Bill – Regulatory Alignment and Divergence in Scotland Post-Brexit – UK Constitutional Law Association
‘Readers of this blog will be aware of the dispute between the Scottish and UK Governments over who should legislate in areas hitherto covered by EU law after Brexit (or more accurately after the end of the post-withdrawal Implementation Period). That dispute saw the Scottish Parliament enact its own Continuity Bill intended as an alternative to the European Union (Withdrawal) Act 2018 (EUWA). That Bill – the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill (the “first Continuity Bill”) (discussed here and here) – was subsequently referred to the Supreme Court and held to be outwith devolved competence so far as it conflicted with the EUWA (discussed here). Although some provisions of the Bill survived the Supreme Court reference, the Scottish Government decided not to proceed with Bill, but undertook to bring back the remaining provisions on a future occasion.’
UK Constitutional Law Associations, 30th July 2020
Source: ukconstitutionallaw.org
Supreme Court hands down judgment in Villiers v Villiers – Parklane Plowden Chambers
‘Charles and Emma Villiers married in 1994. They moved to Scotland the following year and lived there throughout their married life. The couple separated in 2012, when the wife and the parties’ daughter left the former matrimonial home and moved to England, where the wife continues to reside. Mrs Villiers issued a divorce petition in July 2013 on the basis of her habitual residence for 12 months preceding the presentation of the petition.’
Parklane Plowden Chambers, 1st July 2020
Source: www.parklaneplowden.co.uk
Villiers v Villiers – Blackstone Chambers
‘This appeal concerned the jurisdiction of an English court to make a maintenance order in favour of the wife (“W”) pursuant to s.27 of the Matrimonial Causes Act 1973 (“MCA”) in circumstances where the parties lived for most of their marriage in Scotland and the divorce proceedings issued by the husband (“H”) were conducted in Scotland.’
Blackstone Chambers, 1st July 2020
Source: www.blackstonechambers.com
Supreme Court holds children’s hearings system is compatible with article 8 – UK Human Rights Blog
‘The Supreme Court recently dismissed two appeals concerning the role and rights of siblings in children’s hearings in Scotland. It held that the provisions of the Children’s Hearings (Scotland) Act 2011 in question were compatible with article 8 of the European Convention on Human Rights.’
UK Human Rights Blog, 6th July 2020
Source: ukhumanrightsblog.com
Divorce ruling gives ‘untrammelled licence’ to go forum shopping – Law Society’s Gazette
‘A Scottish aristocrat has lost a Supreme Court appeal regarding the finances of his divorce in a ruling that will reignite debate on forum shopping.’
Law Society's Gazette, 1st July 2020
Source: www.lawgazette.co.uk
New Judgment: The Advocate General representing the Commissioners of HMRC v KE Entertainments Ltd (Scotland) [2020] UKSC 28 – UKSC Blog
‘The Appellant (“the taxpayer”) operates bingo clubs. Customers pay a fee, which entitles them to play in a number of bingo games (collectively, a “session”). The present dispute arises from a change in guidance given by HMRC about how participation fees should be calculated. Until 2007, the guidance stated that bingo promoters should calculate the participation fees separately for each game. In February 2007, HMRC issued Business Brief 07/07, which stated that participation fees should be calculated on a session by session basis.’
UKSC Blog, 24th June 2020
Source: ukscblog.com
One Kingdom but four nations emerging from lockdown at four different rates under four different laws – UK Police Law Blog
‘Laws which criminalise what would otherwise be normal daily life and which the police must enforce must be clear, unambiguous, fair and fairly applied, logical and proportionate to the public health imperative. The purpose of this blog post is to illustrate the difficulties with the amended legislation, the inconsistencies between the laws of the four nations of the UK, as well as the problems of enforcement by the police. Whatever the problems with the legislation, whatever the high profile breaches, people must socially distance and must wear masks when unable to do so. The coronavirus is not going away soon, or perhaps ever. It may be joined by other novel viruses and human life may have to change.’
UK Police Law Blog, 2nd June 2020
Source: ukpolicelawblog.com
Solicitor sanctioned after calling client “sad and pathetic” – Legal Futures
‘A solicitor who sent “inappropriate, derogatory and offensive emails” to a client and his mother has been censured by the Scottish Solicitors Discipline Tribunal (SSDT).’
Legal Futures, 18th February 2020
Source: www.legalfutures.co.uk
A legal duty to tackle inequality: Scotland first, Wales next, England when? – Cloisters
‘This month a public consultation is underway in Wales looking at implementing a duty on public bodies to consider the effect of policies on socio-economic inequality.’
Cloisters, 23rd January 2020
Source: www.cloisters.com
ALI V BARBOSA [2019] EWHC 2776 (Fam)– Void or Voidable. Maintaining the discretion of the family court and the importance of the circumstances of the case – Becket Chambers
‘In October 2019, Mrs Justice Lieven DBE considered an application by a husband that the wife’s divorce proceedings, and the decree absolute, should be set aside for breaches in relation to service of the proceedings.’
Becket Chambers, 6th December 2019
Source: becket-chambers.co.uk
A ‘fair hearing’ in the family court includes the judge creating the appropriate atmosphere – 5SAH
‘Within the U.K. there are two judicial systems: the law of England and Wales and the law of Scotland; which differ slightly. The Human Rights Act 1998 came into force on the 2nd October 2000 to incorporate the European Convention on Human Rights and Fundamental Freedoms 1950 (‘the Convention’) into the law of England & Wales. At the same time that the Human Rights Act 1998 was passing through parliament the Scotland Act 1998 was also making its’ way through parliament. Under the Scotland Act 1998, in May 1999, the U.K. devolved legislative and executive power to Scotland. The primary function of the Scotland Act 1998 was to set up a system of devolved government for Scotland, but it also included important provisions relating to the protection of the rights guaranteed by the Convention (‘Convention rights’).’
5SAH, 10th December 2019
Source: www.5sah.co.uk
English judges deciding Scottish divorce cases is “recipe for chaos”, Supreme Court hears – Daily Telegraph
‘English judges deciding Scottish divorce cases is a “recipe for chaos”, the Supreme Court has heard in a landmark case between an aristocrat and his estranged wife.’
Daily Telegraph, 9th December 2019
Source: www.telegraph.co.uk
“All for one and one for all” when it comes to severing an adjudicator’s decision – Practical Law: Construction Blog
‘Round one was an adjudication enforcement application before Lord Doherty in the Scottish courts. The contractor (Dickie & Moore) had succeeded in an adjudication and, when the adjudicator’s decision went unpaid, issued court proceedings to get its money.’
Practical Law: Construction Blog, 19th November 2019
Court asked to consider if PM’s Brexit delay tactic is lawful – BBC News
‘Scotland’s highest court is to consider whether Prime Minister Boris Johnson has fully complied with a law requiring him to ask for a Brexit delay.’
BBC News, 21st October 2019
Source: www.bbc.co.uk
A Tale of Two Judgments: Scottish Court of Session rules prorogation of Parliament unlawful, but High Court of England and Wales begs to differ – UK Human Rights Blog
‘The Scottish Court of Session (Inner House) today ruled that the Prime Minister’s advice to the Queen to prorogue Parliament was unlawful. The High Court of England and Wales today handed down its judgment on the same issue – and came to the opposite conclusion.’
UK Human Rights Blog, 11th September 2019
Source: ukhumanrightsblog.com
Brexit: Scottish judges rule Parliament suspension is unlawful – BBC News
‘Boris Johnson’s suspension of the UK Parliament is unlawful, Scotland’s highest civil court has ruled.’
BBC News, 11th September 2019
Source: www.bbc.co.uk
Brexit: Judge rejects parliament shutdown legal challenge – BBC News
‘A Scottish judge has rejected a bid to have Boris Johnson’s plan to shut down parliament ahead of Brexit declared illegal.’
BBC News, 4th September 2019
Source: www.bbc.co.uk
