Scotland and Wales begin formal dispute with UK Government over £1bn DUP deal – Daily Telegraph

Posted July 20th, 2017 in devolution issues, financial provision, news, Northern Ireland, Scotland, Wales by tracey

‘The Scottish and Welsh governments have launched a formal dispute with Westminster over their demands for extra funding as a result of the Tory deal with the Democratic Unionist Party.’

Full Story

Daily Telegraph, 19th July 2017

Source: www.telegraph.co.uk

Cardiff NHS hospital staff lose parking tickets case – BBC News

Posted July 17th, 2017 in fines, hospitals, news, parking, Wales by tracey

‘Seventy-five members of staff at a Cardiff hospital have been left “broken” by a court ruling that means they owe thousands of pounds in parking tickets, a campaigner has said.’

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BBC News, 17th July 2017

Source: www.bbc.co.uk

Grenfell Tower— a different perspective – New Law Journal

‘Theo Huckle QC compares & contrasts the public safety policy agendas of administrations in Westminster & Wales.’

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New Law Journal, 7th July 2017

Source: www.newlawjournal.co.uk

Cardiff imam jailed for 13 years for abusing girls at Qur’an lessons – The Guardian

‘An imam who sexually touched four young girls during Qur’an lessons at a mosque has been jailed for 13 years.’

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The Guardian, 7th July 2017

Source: www.theguardian.com

Council forced to pay £12k to man who lives in tent because he is ‘allergic’ to electricity – Daily Telegraph

Posted July 7th, 2017 in electricity, housing, local government, news, social services, Wales by tracey

‘A council has been ordered to pay £12,000 to a man who lives in a tent because he claims he is allergic to electricity.’

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Daily Telegraph, 6th July 2017

Source: www.telegraph.co.uk

Brexit faces potential court challenge over ‘technical flaw’ in way Article 50 was triggered – The Independent

Posted July 6th, 2017 in drafting, EC law, legislation, news, treaties, Wales by sally

‘There could be a “technical flaw” in the way Article 50 was triggered which could make it vulnerable to a challenge in court, the National Assembly for Wales has been told.’

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The Independent, 5th July 2017

Source: www.independent.co.uk

Regina (Williams) v Powys County Council – WLR Daily

Regina (Williams) v Powys County Council [2017] EWCA Civ 427

‘The defendant local planning authority granted planning permission for the erection of a wind turbine on the farm of the interested party. The wind turbine was erected on the side of a hill the other side of which, about 1·5 km from the wind turbine, was a Grade II* listed building. Several scheduled monuments were also in the surrounding area, two of which were within two km of the site. The claimant, a local resident, applied for judicial review of the council’s decision to grant planning permission. The judge dismissed the claim, determining that (i) the planning authority was not required to consult the Welsh ministers under article 14 of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 as the requirement to consult on development “likely to affect the site of a scheduled monument” in paragraph k of Schedule 4 to the Order applied only to development likely to have some direct physical effect on the monument, not also to development likely to have visual effects on the setting of the monument, and (ii) the planning authority had not erred in failing to perform the duty in section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, which required it to have special regard to the desirability of preserving the setting of a listed building when deciding whether to grant planning permission for development which affected a listed building or its setting.’

WLR Daily, 9th June 2017

Source: www.iclr.co.uk

Judge quashes grant of planning permission for residential gypsy site – Local Government Lawyer

Posted May 2nd, 2017 in gipsies, local government, news, planning, tribunals, Wales by sally

‘A Deputy High Court judge has quashed a Welsh council’s grant of temporary planning permission for the use of land as a residential gypsy site.’

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Local Government Lawyer, 2nd May 2017

Source: www.localgovernmentlawyer.co.uk

FGM: 123 victims treated in Wales last year, figures show – BBC News

Posted April 25th, 2017 in female genital mutilation, news, statistics, victims, Wales by sally

‘A case of female genital mutilation was discovered every three days, on average, by maternity staff in Wales last year.’

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BBC News, 22nd April 2017

Source: www.bbc.co.uk

Banns of marriage – their development and future – Law & Religion UK

Posted February 23rd, 2017 in Church of England, disclosure, marriage, news, Northern Ireland, Scotland, Wales by sally

‘The legal requirement to read banns for couples intending to marry in church services was considered by members of the Church of England General Synod on 14 February 2017. Though Synod rejected moves that sought to end this “ecclesiastical preliminary” to marriage, important arguments were cited both for their retention and for their removal. In this post, we summarize the development and current usage in England and Wales, Scotland and the two jurisdictions in Ireland, and examine possible future directions.’

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Law & Religion UK, 23rd February 2017

Source: www.lawandreligionuk.com

Single mum unlawfully jailed for council tax debt in Wales – The Guardian

Posted January 19th, 2017 in appeals, council tax, legal aid, news, Wales by tracey

‘A single mother who was sent to prison by magistrates for 81 days because she was unable to pay her council tax bill was unlawfully jailed, the high court has ruled.’

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The Guardian, 18th January 2017

Source: www.guardian.co.uk

Role of Law Officers on Devolution and Bills – Attorney General’s Office

Posted December 20th, 2016 in attorney general, bills, devolution, speeches, Wales by tracey

‘The Solicitor General spoke to Public Law Wales on the role of the Law Officers on Devolution and Bills.’

Full speech

Attorney General’s Office, 20th December 2016

Source: www.gov.uk/ago

Man fined for first crime committed on tiny Caldey Island – The Guardian

Posted December 9th, 2016 in community service, costs, fines, news, sentencing, Wales by sally

‘The first crime in living memory to be recorded on a holy island off the coast of west Wales has resulted in a man receiving a fine and community order.’

Full story

The Guardian, 8th December 2016

Source: www.guardian.co.uk

Speech by the Lord Chief Justice: Building the Best Court Forum for Commercial Dispute Resolution – Courts and Tribunals Judiciary

Posted December 7th, 2016 in courts, dispute resolution, speeches, Wales by tracey

‘Speech given at the Wales Commercial Law Association, Cardiff, 21 October 2016.’

Full speech

Courts and Tribunals Judiciary, 5th December 2016

Source: www.judiciary.gov.uk

Mark Elliott and Stephen Tierney: House of Lords Constitution Committee Reports on Wales Bill – UK Constitutional Law Association

Posted October 31st, 2016 in constitutional law, news, reports, select committees, Wales by sally

‘The House of Lords Constitution Committee today publishes its report on the Wales Bill. The history of the Bill is a somewhat chequered one, a Draft Bill published in October 2015 having been subjected to excoriating criticism by (among others) the Assembly’s Legislative and Constitutional Affairs Committee. The centrepiece of the Bill is intended to be the shift from the ‘conferred powers’ model of devolution that presently operates in Wales to a ‘reserved powers’ model akin to that which is found in Scotland. However, the Constitution Committee concludes that ‘the current implementation of the reserved powers model in the Wales Bill undermines its key advantages: namely providing the devolved legislature with constitutional space to legislate and allowing for a relatively clear and simple division of powers’. In this post, we highlight a number of concerns raised by the Committee in its report, and conclude with some broader reflections on what the Wales Bill tells us about the state of the UK’s territorial constitution and the approach to constitutional design adopted in respect of it.’

Full story

UK Constitutional Law Association, 28th October 2016

Source: www.ukconstitutionallaw.org

More than 5,000 children have been strip-searched, figures reveal – Daily Telegraph

Posted October 31st, 2016 in children, compensation, news, statistics, stop and search, Wales by sally

‘More than 5,000 children have been strip-searched by police in two years, figures revealed, as South Wales Police paid compensation to an innocent 12-year-old who was searched without escort.’

Full story

Daily Telegraph, 30th October 2016

Source: www.telegraph.co.uk

Special Educational Needs: Guidance given on approach where parents cannot agree on choice of school in SEN statement – Education Blog

Posted October 31st, 2016 in children, divorce, local government, news, special educational needs, Wales by sally

‘In SG v Denbighshire County Council and B (SEN) (Special Educational Needs: Special Educational Provision – naming school) [2016] UKUT 460 (AAC), the Upper Tribunal gave guidance on the approach to be taken where parents cannot agree on the choice of school to be named in Part 4 of a statement of special educational needs (“the Statement”).’

Full story

Education Blog, 31st October 2016

Source: www.education11kbw.com

Homeless Reduction Bill – part 2 – Nearly Legal

Posted October 27th, 2016 in bills, homelessness, housing, local government, news, Wales by sally

‘After my rantette about clause 1 of the Homeless Reduction Bill as published for second reading, it is time to turn to the substance of the Bill in terms of new duties and so on. And, some drafting issues aside, these are broadly positive.’

Full story

Nearly Legal, 26th October 2016

Source: www.nearlylegal.co.uk

Form and Accessibility of the Law Applicable in Wales – official-documents.gov.uk

Posted October 17th, 2016 in reports, Wales by tracey

‘This is the Law Commission’s final report on the form and accessibility of the law applicable in Wales’

Full press release

official-documents.gov.uk, 14th October 2016

Source: official-documents.gov.uk

Libraries – Local Government Law

Posted September 20th, 2016 in libraries, local government, news, Wales by tracey

‘In R (Tilley) v Vale of Glamorgan Council [2016] EWHC 2272 (QB), in the Administrative Court in Wales, Lewis J concluded that the Council’s Cabinet Decision to establish five community libraries was lawful.’

Full story

Local Government Law, 16th September 2016

Source: www.11kbw.com/blogs/local-government-law