Government to undertake review of ‘Retained EU law’, ensure courts have full ability to depart from EU case law “according to normal rules” – Local Government Lawyer

Posted September 20th, 2021 in brexit, data protection, EC law, government departments, news, statute law revision by tracey

‘The Government is to conduct a review of “Retained EU law”, the legislation taken onto the statute book through the European Union (Withdrawal) Act of 2018, Lord Frost has announced.

Full Story

Local Government Lawyer, 17th September 2021

Source: www.localgovernmentlawyer.co.uk

Equality laws could be changed to protect women in menopause, says MP – The Guardian

‘Changing equality legislation to protect women going through the menopause should “not be ruled” out, according to the chair of a group of MPs leading an inquiry into discrimination on the issue.’

Full Story

The Guardian, 18th August 2021

Source: www.theguardian.com

Does The Legal Definition Of Rape Need Updating? – Each Other

‘The current legal definition of rape means that victims of sexual assault without penile penetration cannot technically claim the word, feeding the stigma felt by some survivors.’

Full Story

Each Other, 17th August 2021

Source: eachother.org.uk

Reform of s 25 criteria for a divorce financial settlement: after 50 years it’s time for the Law Commission to propose a new law – Family Law

‘The statutory criteria to decide what is a fair financial settlement on divorce comes from the Matrimonial Causes Act 1973, now almost 50 years old. In reality it derives from judge made law. This has the benefit of being responsive and able to change. It has the disadvantage that there is no public or policy input into the law or changes in the law. It has the significant difficulty that by reference to almost unfettered discretion with propensity for contradictions or nuances in the judge made law it encourages litigation and discourages early settlement. David Hodson has proposed to the Law Commission, in its request for topics for its 14th programme of reform, that there should be a review of the criteria for fair and appropriate financial settlements. This sets out his proposals for the need for reform. It is in a question-and-answer process as required by the Law Commission for any submissions. It would be very helpful to hear from other lawyers and members of the public with their opinions on whether reform is needed and, far more problematical, what that reform should be.’

Full Story

Family Law, 12th August 2021

Source: www.familylaw.co.uk

UK company law change could make section 172 fit for purpose – OUT-LAW.com

‘A relatively small change to section 172 of the UK’s Companies Act 2006 could have a transformative impact on company law, directors’ duties, corporate governance, businesses and, ultimately, the economy, society, and the environment.’

Full Story

OUT-LAW.com, 20th April 2021

Source: www.pinsentmasons.com

Florence Powell and Stephanie Needleman: How radical an instrument is Section 3 of the Human Rights Act 1998? – UK Constitutional Law Association

‘The operation of the Human Rights Act 1998 (the “HRA”) is currently being reviewed by the Government’s Independent Human Rights Act Review (the “Review”). One of the Review’s key themes is “the impact of the HRA on the relationship between the judiciary, the executive and the legislature”. In respect of this theme, the Terms of Reference ask how s.3 has operated and whether it should be amended or repealed.’

Full Story

UK Constitutional Law Association, 24th March 2021

Source: ukconstitutionallaw.org

Reforms to laws around intimate image abuse proposed to better protect victims – Law Commission

‘Proposals to improve protections for victims whose intimate images are taken or shared without their consent have today [26 February 2021] been published by the Law Commission of England and Wales.’

Full press release

Law Commission, 26th February 2021

Source: www.lawcom.gov.uk/

UK government use of Henry VIII clauses to be challenged in court – The Guardian

Posted February 1st, 2021 in brexit, EC law, judicial review, news, parliament, state aids, statute law revision by tracey

‘A government move to change state aid rules after Brexit without a vote in parliament is being challenged in court, with a legal campaign group warning the manoeuvre could lead to a similar lack of scrutiny in areas such as workers’ rights and environmental protections.’

Full Story

The Guardian, 1st February 2021

Source: www.theguardian.com

Ex-judge Sir Peter Gross to head human rights law review – BBC News

‘Former Court of Appeal judge Sir Peter Gross has been appointed to lead an independent review of the Human Rights Act.’

Full Story

BBC News, 7th December 2020

Source: www.bbc.co.uk

Government urged to fix ‘disastrous state’ of rape prosecutions – The Guardian

‘An alliance of women’s organisations is calling for radical reforms to address the “disastrous state” of rape investigations and prosecutions, including a ministerial lead, a commission on juries and a ban on the use of sexual history evidence.’

Full Story

The Guardian, 30th November 2020

Source: www.theguardian.com

Civil law, religion and marriage in the United Kingdom: a long read – Law & Religion UK

‘This began as a handout for the Cardiff LLM in Canon Law: it’s about the law on the formation of marriage – “weddings law” – rather than matrimonial law more generally.’

Full Story

Law & Religion UK, 11th November 2020

Source: lawandreligionuk.com

Law Commission begins project on Corporate Criminal Liability – Law Commission

‘The Government has asked the Law Commission to investigate the laws around corporate criminal liability and provide options to reform them.’

Full press release

Law Commission, 3rd November 2020

Source: www.lawcom.gov.uk

Search warrants reform to help law enforcement investigate crime – Law Commission

Posted October 7th, 2020 in evidence, Law Commission, police, statute law revision, Uncategorized, warrants by tracey

‘Reforms that would reduce the number of unlawful search warrants being issued and help law enforcement to investigate crime and collect evidence (especially that stored electronically) have today [7 October 2020] been recommended by the Law Commission, the Government’s independent law reform body.’

Full press release

Law Commission, 7th October 2020

Source: www.lawcom.gov.uk

Theodore Konstadinides, Lee Marsons and Maurice Sunkin: Reviewing Judicial Review: The constitutional importance of the Independent Review of Administrative Law 2020 – UK Constitutional Law Association

Posted September 28th, 2020 in constitutional law, judicial review, news, statute law revision by sally

‘Last year, the Government committed itself to establishing a Commission on the Constitution, Democracy and Rights, which would consider reform of the UK’s constitutional order, including judicial review and the Human Rights Act 1998. Instead, on 30 July 2020, the Government launched an ostensibly narrower Independent Review of Administrative Law (IRAL) to examine the need for reforms of judicial review in particular. This is to be conducted by an advisory panel of experts led by Lord Faulks QC. Any options for reform put forward by the Review will be considered by the Lord Chancellor and Secretary of State for Justice, Robert Buckland QC MP and by the Chancellor of the Duchy of Lancaster, Michael Gove MP. Both the report of the Review and the Government’s response will be published by the end of 2020 or shortly thereafter.’

Full Story

UK Constitutional Law Association, 24th September 2020

Source: ukconstitutionallaw.org

Law Commission’s consultation on marriage reforms – Law Society’s Gazette

‘When most couples start planning a wedding, they excitedly think about the day itself – what they will wear, who they will invite and of course, where they want to get married.’

Full Story

Law Society's Gazette, 24th September 2020

Source: www.lawgazette.co.uk

Misogyny ‘should become a hate crime in England and Wales’ – The Guardian

‘Misogyny should be made a hate crime in England and Wales, according to the independent body that recommends legal changes, as part of an overhaul of legislation.’

Full Story

The Guardian, 23rd September 2020

Source: www.theguardian.com

Reforms to confiscation regime to recover £8 million more per year – Law Commission

‘Proposals to reform the confiscation regime could help recover an extra £8 million per year from convicted criminals, by more accurately and efficiently determining a defendant’s criminal proceeds and more effectively enforcing confiscation orders. The proposals are outlined in a consultation paper published today [17 September 2020] by the Law Commission of England and Wales.’

Full press release

Law Commission, 17th September 2020

Source: www.lawcom.gov.uk

Reforms to UK’s antiquated spying laws published by Law Commission – Law Commission

‘Reform is needed to bring the law into the 21st century and protect the United Kingdom from espionage (spying) and unauthorised disclosures (leaks), according to a report from the Law Commission that has been laid in Parliament today [01 September 2020].’

Press release

Law Commission, 1st September 2020

Source: www.lawcom.gov.uk

Call for parliament to review assisted dying law in England and Wales – The Guardian

Posted August 26th, 2020 in assisted suicide, families, inquiries, news, statute law revision, suicide by sally

‘Relatives of people who have brought legal cases on assisted dying are for the first time making a joint appeal for an inquiry into the current law in England and Wales, saying there is an overwhelming case for change.’

Full Story

The Guardian, 25th August 2020

Source: www.theguardian.com

Self-ID for transgender people ‘unlikely’ to get ministers’ support – BBC News

‘Ministers are unlikely to back a major reform to the Gender Recognition Act, it is understood, amid fresh uncertainty over when the government will actually announce its plans.’

Full Story

BBC News, 14th July 2020

Source: www.bbc.co.uk