‘Governments should stop treating adult social care as a political football and make a substantial long-term investment in it to mark the tenth anniversary of the Care Act 2014.’
Local Government Lawyer, 16th May 2024
Source: www.localgovernmentlawyer.co.uk
‘Common-law judges frequently claim to apply the “always speaking” principle. But they recognise that they are not clear on what it means, with Lord Leggatt recently calling the metaphor “enigmatic”. In this article, I seek to clarify this by showing that the “always speaking” metaphor is associated with at least four different types of principle, each of which responds to a distinct issue (although there is a common theme: change over time). I explore the origins of the “always speaking” metaphor, distinguish the four issues and explain how they relate. I argue that it is important to disentangle the four types of “always speaking” principle, with a focus on distinguishing principles of dynamic (versus originalist) interpretation from principles that empower judges to strain or “recast” legislation to deal with new developments sensibly. In doing so, I analyse and critique the judgments in the recent UK Supreme Court case of News Corp.’
Oxford Journal of Legal Studies, 10th May 2024
Source: academic.oup.com
‘An inquest into the death of a six-year-old girl has concluded an NHS hospital trust made a number of failures in her care before she died.’
The Guardian, 16th May 2024
Source: www.theguardian.com
‘A draft sentencing guideline for sentencing offenders convicted of non-fatal strangulation and non-fatal suffocation offences in courts across England and Wales, was published for consultation by the Sentencing Council today.’
Sentencing Council, 15th May 2024
Source: www.sentencingcouncil.org.uk
‘The relationship between Islam, religious freedom, and human rights has long been a subject of debate in Britain. However, the significance of the latest instalment in this saga, the judgment of R v Michaela Community Schools Trust, lies not in Islam’s relationship with secularism or human rights but instead in illustrating the incoherence of British ideas on freedom of religion.’
Oxford Human Rights Hub, 16th May 2024
Source: ohrh.law.ox.ac.uk
‘Three climate activists have been convicted of “interference with key national infrastructure” by marching in the road in west London for 20 minutes, in the new offence’s first test at trial.’
The Guardian, 15th May 2024
Source: www.theguardian.com
‘Organisations are feeling the pressure more than ever to offer sustainable and environmentally conscious products and services to consumers. However, with the push to appear more eco-friendly comes the risk of over-exaggerating or misleading others with statements about green credentials.’
Mills & Reeve, 16th May 2024
Source: www.mills-reeve.com
‘The President of the Family Division, Sir Andrew McFarlane, has issued practice guidance on urgent applications, out of hours applications and bundles in the Family Division of the High Court.’
Local Government Lawyer, 16th May 2024
Source: www.localgovernmentlawyer.co.uk
The failure to increase the rates of pay for barristers handling government work since 1997 has created a “very high level of dissatisfaction and exasperation”.
Legal Futures, 17th May 2024
Source: www.legalfutures.co.uk
‘A new offence of causing death or serious injury by dangerous, careless or inconsiderate cycling is to be introduced.’
The Guardian, 15th May 2024
Source: www.theguardian.com
‘Bailiffs are evicting more renting households than at any time in the last six years, the Ministry of Justice has said, as protesters chanted for rent controls outside the HQ of Britain’s biggest listed private landlord.’
The Guardian, 16th May 2024
Source: www.theguardian.com
‘An inspector failed to properly consider the position of a company that had entered liquidation while pursuing a planning appeal, the High Court has found.’
Local Government Lawyer, 16th May 2024
Source: www.localgovernmentlawyer.co.uk
‘Failed asylum seekers could be sent to Rwanda following an expansion of deportation plans from the Home Office.’
BBC News, 15th May 2024
Source: www.bbc.co.uk
‘Jasper Gold of 1 Crown Office Row joins Lucy McCann to explore “small data” claims, where data and personal injury law intersect.’
Law Pod UK, 15th May 2024
Source: audioboom.com
‘A barrister who wrote a book on sleepwalking and who fell asleep during a coroner’s inquest has been cleared of all professional misconduct charges.’
The Guardian, 15th May 2024
Source: www.theguardian.com
‘This article examines the need for legislative reform to address the problem of strategic litigation against public participation (SLAPPs), with a focus on defamation law as the most common action for such claims. It draws upon legislative and judicial approaches from a range of different jurisdictions to define the problem of SLAPPs and examines whether the existing law in England and Wales provides an adequate solution to the problem of SLAPPs. This analysis indicates some important recent developments in the law that are relevant to SLAPPs but concludes that legislative reform is necessary to address the problem of SLAPPs. In contrast to the current proposals for reform, the article proposes an anti-SLAPP provision that crystallizes and builds upon recent developments in the law, to effectively address the problem of SLAPPs without posing an unnecessary risk of the denial of innocent claims.’
Journal of Media Law, 13th May 2024
Source: www.tandfonline.com
‘The Government has tabled amendments to the Criminal Justice Bill tightening the definition of ‘nuisance rough sleeping’ after MPs expressed concerns about the breadth of the legislation’s provisions.’
Local Government Lawyer, 15th May 2024
Source: www.localgovernmentlawyer.co.uk
‘This study examines five years of Employment Tribunal judgments on flexible working requests and uses a thematic analysis to identify the issues that have been litigated and to assess how employment tribunals, employees and employers have navigated the Act’s provisions. Whilst the right to request flexible working has been much critiqued because of its limited nature, there is little evidence and discussion of whether it provides a useable and effective process for employees and employers on its own terms. This article identifies three problems with the current legislation: employees can find it difficult to comply with the requirements for a valid statutory request, the difficulty of establishing and complying with the time limits in the legislation and finally the difficulty for tribunals in defining and applying core concepts relating to its power of review over employers’ decisions. These issues will not be resolved through the new Employment Relations (Flexible Working) Act 2023 and in some ways will be made more difficult.’
Industrial Law Journal, 13th May 2024
Source: academic.oup.com
‘The government’s most senior law officer is to appeal against a decision not to allow a contempt of court action against climate campaigner Trudi Warner for holding a placard on the rights of jurors outside a British court, the Guardian can reveal.’
The Guardian, 15th May 2024
Source: www.theguardian.com
‘Edward Sawyer of Wilberforce Chambers discusses the Court of Appeal’s decision in BMA v HM Treasury, which upheld the validity of directions made by the Treasury to charge members rather than taxpayers with the costs of remedying the discrimination in public sector schemes following the McCloud litigation.’
Pensions Barrister, 16th May 2024
Source: www.pensionsbarrister.com
© Inner Temple Library 2024