Legal academic awarded £30,000 over ‘toxic’ row with ex-colleague – Law Society’s Gazette

Posted April 24th, 2024 in damages, disclosure, internet, news, privacy, universities by tracey

‘A law lecturer has been ordered to pay £22,500 to a former colleague after sharing confidential information that was later made public on social media.’

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Law Society's Gazette, 23rd April 2024

Source: www.lawgazette.co.uk

A reordering: to teach EU law or not? – The Law Teacher

Posted April 11th, 2024 in brexit, EC law, legal education, legal profession, news, universities by sally

‘This article considers the place of EU law in the law curriculum. It explores and critically assesses the pre- and post-Brexit arguments which have been made for EU law as a distinct module on the law degree. A number of commentators have made the case for the desirability of keeping EU law as a core subject. This paper takes account of the Retained EU Law (Revocation and Reform) Act 2023 and the changes to the professional requirements for qualification. Three key arguments are made. The first is that Brexit is disordering in an unquantifiable way the legal systems of the UK and introducing new uncertainties. The second is that at the same time there is a disordering of legal education with consequential changes to the rules for qualification to practise. The third argument, which is premised on the first two, is that providers of law degrees must recognise the implications of these processes and other processes of change (which are identified in this article) and reappraise the purpose of EU law in the curriculum.’

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The Law Teacher, 4th April 2024

Source: www.tandfonline.com

New guidance clarifies when UK universities must refuse donations – OUT-LAW.com

Posted April 4th, 2024 in charities, Charity Commission, gifts, news, trusts, universities by tracey

‘Recently published guidance from the Charity Commission tries to provide clarity on when donations to English and Welsh charities, including universities, should – or must – be refused or returned, but the question of when to say no remains complex and nuanced.’

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OUT-LAW.com, 3rd April 2024

Source: www.pinsentmasons.com

Teaching stare decisis to first-year law students in higher education: a pedagogical blind alley? – The Law Teacher

Posted March 20th, 2024 in education, legal education, news, precedent, universities by sally

‘The doctrine of stare decisis is often explained in first-year law studies as synonymous with the doctrine of precedent and dichotomised into ratio decidendi and obiter dicta. This explanation of stare decisis is frequently supplemented by an exercise where the novice law student is provided with a case and directed to identify the ratio decidendi of the case, and to appreciate the distinction between ratio and obiter dicta in it, the latter being persuasive only. It is argued that this pedagogy is limited and unrealistic because stare decisis is a dynamic process whereby, applying the precepts of formal legal logic, legal principle evolves. This paper propounds that the fundamental precepts of formal legal logic should be harnessed as a dedicated pedagogy to teach students how principle evolves. The extant legal studies curriculum can readily be modified to accommodate these suggestions. Consistent with the proposition that stare decisis is ultimately a process, whether a statement in a case has the character of ratio decidendi or obiter dictum is itself determined as the outcome of that process.’

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The Law Teacher, 1st March 2024

Source: www.tandfonline.com

Courting controversy: the use of trigger warnings in teaching human rights law – The Law Teacher

Posted March 15th, 2024 in education, human rights, legal education, mental health, news, universities by sally

‘This article explores how legal academics approach sensitive topics in human rights law, specifically how content is chosen, curated and discussed with students. It draws on data collected as part of a small pilot study which looked at how human rights academics approach “controversial” topics and how their views on controversy and sensitivity may be reflected in their curriculum. It focuses on the wider debate around trigger warnings in higher education and explores how academics use them. It concludes that, despite their negative reputation, “trigger warnings” can play a necessary and welcome role in navigating sensitive material.’

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The Law Teacher, 1st March 2024

Source: www.tandfonline.com

UK science minister apologises and pays damages after academic’s libel action – The Guardian

‘Michelle Donelan, the science minister, has apologised and paid damages after accusing two academics of “sharing extremist views” and one of them of supporting Hamas.’

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The Guardian, 5th March 2024

Source: www.theguardian.com

Students think they need connections to progress legal career – Legal Futures

Posted February 28th, 2024 in diversity, equality, law firms, mental health, news, solicitors, statistics, universities by sally

‘A significant number of students think nepotism and connections are important to progress in the law, according to research which found that this did indeed help some get jobs.’

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Legal Futures, 28th February 2024

Source: www.legalfutures.co.uk

Oxford University tutors secure employee status – Solicitors Journal

Posted February 23rd, 2024 in contract of employment, employment, employment tribunals, news, universities by michael

‘The ruling highlights the power imbalance between precarious tutors and the prestigious institution, prompting calls for a re-evaluation of employment practices in higher education.’

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Solicitors Journal, 22nd February 2024

Source: www.solicitorsjournal.com

Bristol University loses appeal over suicide of disabled student on exam day – The Guardian

Posted February 15th, 2024 in appeals, disabled persons, examinations, mental health, news, suicide, universities by sally

‘The family of a disabled undergraduate who killed herself on the day of a “truly terrifying” oral exam have won the latest stage of a legal battle to compel universities to take more care of students struggling with their mental health.’

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The Guardian, 14th February 2024

Source: www.theguardian.com

Judge criticises Home Office errors in Palestinian refugee’s visa case – The Guardian

‘The home secretary has given an “unreserved and unqualified apology” to a Palestinian refugee for “serious errors” made in relation to her student visa application.’

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The Guardian, 13th February 2024

Source: www.theguardian.com

Home Office plans new protest offences and anti-Zionism is a protected belief – UK Human Rights Blog

‘The Home Office has announced its intention to create new offences relating to actions taken by attendees at protests. The plans include making it an offence to possess flares or pyrotechnics at a protest, to wear a face covering at a protest, and to climb on war memorials. The changes will be added as amendments to the Criminal Justice Bill. The Home Office has emphasised that the new rules are not a blanket ban on face coverings, and only apply where the protester’s intention is to conceal their identity.’

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UK Human Rights Blog, 12th February 2024

Source: ukhumanrightsblog.com

Anti-Zionism as a protected belief: Miller – Law & Religion UK

‘In Dr David Miller v University of Bristol [2024] ET 1400780/2022, the claimant was appointed Professor of Political Sociology at the University from 1 September 2018. In 2019 there were complaints about his conduct, including what was said to be his use of antisemitic language. The Community Security Trust charity said that a lecture he had given had been a “false, vile, anti-Semitic slur”. As part of the internal complaints procedure the University appointed an independent barrister to investigate; the overall conclusion of the resulting report, delivered on 4 December 2020, was that there was no formal case to answer in connection with any of the matters investigated.’

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Law & Religion UK, 7th February 2024

Source: lawandreligionuk.com

Bristol University academic unfairly dismissed for anti-Zionist views – BBC News

‘An academic experienced discrimination when he was sacked from his university for comments he made about Israel, a tribunal has ruled.’

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BBC News, 6th February 2024

Source: www.bbc.co.uk

BSB to scrap requirement for barristers to have a degree – Legal Futures

Posted January 16th, 2024 in barristers, education, examinations, legal education, news, universities by tracey

‘The Bar Standard Board (BSB) is planning to scrap the requirement that Bar students have at least a lower second-class degree, opening the way for those with third-class degrees or no degree at all to become a barrister.’

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Legal Futures, 16th January 2024

Source: www.legalfutures.co.uk

Students can make provocative remarks if they do not break law, watchdog says – The Guardian

‘University staff and students can make provocative statements on subjects such as Israel and Gaza as long as they do not break laws on incitement or harassment, under proposals by the government’s campus free speech tsar.’

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The Guardian, 14th December 2023

Source: www.theguardian.com

‘The law needs to catch up on student mental health’ Published 8 hours ago – BBC News

Posted December 11th, 2023 in bereavement, duty of care, families, mental health, news, suicide, universities by tracey

‘A court case this week could change the way universities are expected to look after their students – including their mental health.’

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BBC News, 11th December 2023

Source: www.bbc.co.uk

High court to consider whether universities owe students legal duty of care – The Guardian

‘The high court is to consider for the first time whether universities owe a legal duty of care to their students, which campaigners argue would save lives and bring England and Wales in line with other countries.’

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The Guardian, 20th November 2023

Source: www.theguardian.com

BSB takes action over worst-performing Bar training course – Legal Futures

Posted September 1st, 2023 in barristers, examinations, legal education, news, statistics, universities by sally

‘Would-be students on last year’s worst performing Bar training course – at Hertfordshire University – cannot start it this month after the Bar Standards Board (BSB) intervened.’

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Legal Futures, 1st September 2023

Source: www.legalfutures.co.uk

Alerter by Thomas Evans – Potential Group Action stayed for ADR – Henderson Chambers

‘The High Court has stayed a potential group action against University College London, which cancelled in-person teaching (due to industrial action and Covid-19) but without making any fee adjustments. Whilst the High Court did not require the parties to engage in any particular form of ADR, the stay was imposed in the context of the defendant’s proposal that the claimants should submit complaints to a statutory adjudication scheme. The stay was imposed against the wishes of the claimants, who – whilst expressing a willingness to engage in ADR – did not want to participate in the particular form of ADR proposed by the defendants.’

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Henderson Chambers, 27th July 2023

Source: www.hendersonchambers.co.uk

McGaughey v USS Ltd – derivative actions against directors of a corporate pension trustee – Pensions Barrister

‘In McGaughey v USS Ltd [2023] EWCA Civ 873, two active members of the Universities Superannuation Scheme (the “USS”) applied for permission to continue a derivative action on behalf of the corporate trustee of the USS, Universities Superannuation Scheme Limited (“USSL”), against its current and former directors. USSL is a company limited by guarantee of which its directors were the members. By the derivative action, the two USS active members sought to cause USSL to sue the corporation’s directors for alleged breaches of the duties owed by the directors to USSL. The Court of Appeal refused to permit the claim to go forward.’

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Pensions Barrister, August 2023

Source: www.pensionsbarrister.com