Man jailed for driving into PC near Stafford 10k race – BBC News
‘A banned driver who crushed a police officer against a fence before dragging her along has been jailed for 12 years.’
BBC News, 2nd September 2019
Source: www.bbc.co.uk
Jacob Rowbottom: Political Purposes and the Prorogation of Parliament – UK Constitutional Law Association
‘While the prorogation of Parliament has generated political controversy, constitutional lawyers are asking whether the government acted legally in advising the Monarch. The legal challenges to the prorogation will face a number of hurdles. Even if the prerogative power is justiciable, there are difficult questions in identifying the specific legal issue. When writing about a potential challenge in June, Lord Pannick stated that one legal objection is that ‘the prime minister would be seeking to prorogue parliament for the purpose of avoiding parliamentary sovereignty on an issue of significant constitutional importance’. This post will explore a related line of argument, which focuses on proroguing Parliament as a means to avoid political accountability (so the argument does not rely on the language of sovereignty). The starting point in the line of argument is that the prorogation will to some degree hinder Parliament in whatever it wants to do in the period immediately prior to Britain exiting the EU. That goes beyond the potential to enact legislation or pass a motion of no confidence, and also includes the ordinary channels of political accountability and scrutiny of government.’
UK Constitutional Law Association, 3rd September 2019
Source: ukconstitutionallaw.org
Whose windows are these? – Nearly Legal
‘As should be well known, when it comes to landlord’s repairing responsibilities, an awful lot depends on the wording of the tenancy agreement. See for example, Welsh v Greenwich LBC (2001) 33 HLR 40 CA line of cases where a tenancy clause committing the landlord to keep the property ‘in good condition’ or ‘fit to live in’ made the landlord liable for condensation mould.’
Nearly Legal, 2nd September 2019
Source: nearlylegal.co.uk
NDA advice “must be about more than just the law” – Legal Futures
‘Any solicitor who thinks it is only the law that restricts advice on non-disclosure agreements (NDAs), ignoring the wider public interest, is “heading for trouble”, experts have warned.’
Legal Futures, 3rd September 2019
Source: www.legalfutures.co.uk
County to pay mother £24k after Ombudsman report into overcrowding and failure to comply with care order – Local Government Lawyer
‘A county council has agreed to pay £24,000 after a Local Government and Social Care Ombudsman investigation into a case where a mother of three, who also took on the care of her two grandchildren, had to sleep on a mattress in her living room for more than 10 years because the local authority did not deliver the support it had agreed to.’
Local Government Lawyer, 29th August 2019
Source: www.localgovernmentlawyer.co.uk
Man admits crushing boy, 3, to death with car seat – The Guardian
‘A man has admitted crushing a three-year-old boy to death with his car seat.’
The Guardian, 2nd September 2019
Source: www.theguardian.com
High Court refers law firm to SRA over “bogus claims” – Legal Futures
‘The High Court has referred an immigration law firm to the Solicitors Regulation Authority (SRA) after complaining about “wholly bogus claims are advanced by firms of solicitors who are either inexpert or incompetent, or where the staff are not properly supervised”.’
Legal Futures, 3rd September 2019
Source: www.legalfutures.co.uk
Anger as River Teifi pollution plant avoids prosecution – BBC News
‘Anglers are “appalled and dismayed” at the decision not to prosecute a company that polluted a river, killing about 18,000 fish.’
BBC News, 2nd September 2019
Source: www.bbc.co.uk
Victim forced to give evidence as Worboys bids to avoid life term – The Guardian
‘The serial sex attacker John Worboys has forced one of his victims to give evidence in court as he attempts to avoid a life sentence.’
The Guardian, 2nd September 2019
Source: www.theguardian.com
Failure to pay confiscation order leaves recycling fraudster facing further eight years in prison – Local Government Lawyer
‘A defendant convicted of defrauding the electrical waste recycling industry has been sentenced to prison for a further eight years after he failed to meet a £1.3m confiscation order.’
Local Government Lawyer, 29th August 2019
Source: www.localgovernmentlawyer.co.uk
Prorogation: Constitutional Principle and Law, Fact and Causation – Oxford Human Rights Hub
‘The Prime Minister’s recent announcement that Parliament would be prorogued, thereby severely curtailing the opportunity for parliamentary debate, raises important issues of constitutional principle and law, and also issues concerning fact and causation. They are examined in turn.’
Oxford Human Rights Hub, 31st August 2019
Source: ohrh.law.ox.ac.uk
People Over Wind confirmed by Court in recent Judgment – No. 5 Chambers
‘The High Court has recently dismissed a Claimant’s application under section 288 of the 1990 Act in relation to the First Defendant’s Inspector’s decision refusing planning permission following the Court of Justice of the European Union (‘CJEU’)’s Judgment in People Over Wind and Sweetman v Coillte Teoranta [C-323/17], confirming that it is good law.’
No. 5 Chambers, 7th August 2019
Source: www.no5.com
The 1COR Quarterly Medical Law Review – Summer 2019 – Issue 2 – 1COR
‘Welcome to the second issue of the Quarterly Medical Law Review, brought to you by barristers at 1 Crown Office Row. This quarterly publication aims to provide summaries and comment on recent cases in medical law, including clinical negligence, regulatory, and inquests.’
1COR, 7th August 2019
Source: www.1cor.com
Playing Hardball with the Queen – Oxford Human Rights Hub
‘The idea of constitutional hardball was introduced to the world by Mark Tushnet. The sport is played when political actors decide the stakes are so high that any lawful action is justified, no matter how constitutionally problematic: hardball stays within the confines of the law, but runs against the spirit, and sometimes the conventions, of the constitution.’
Oxford Human Rights Hub, 31st August 2019
Source: ohrh.law.ox.ac.uk
Batten Disease families get green light for High Court challenge over decision not to provide treatment – Local Government Lawyer
‘Four children with the neurodegenerative condition Batten disease have been given permission to bring a judicial review challenge over a decision to not make a potentially life-saving treatment available through the NHS in England.’
Local Government Lawyer, 30th August 2019
Source: www.localgovernmentlawyer.co.uk
Solicitors rebuked for settlement agreement clauses – Legal Futures
‘Two solicitors who negotiated settlement agreements that sought to prevent others from making complaints to the Solicitors Regulation Authority (SRA) have been rebuked.’
Legal Futures, 2nd September 2019
Source: www.legalfutures.co.uk
The line between legitimate protest and anti-social behaviour – UK Human Rights Blog
‘Public order cases involving protests have always sparked controversy, with the collision between the state’s responsibility to ensure the smooth running of civil society and the individual citizen’s right to draw attention to what they regard as a pressing moral concern.’
UK Human Rights Blog, 30th August 2019
Source: ukhumanrightsblog.com
Change of residence – do we listen to children? – Transparency Project
‘”Change of residence” in the context of a child arrangements order (a reform that was supposed to get rid of the ‘win-lose’ concept of residence and contact before 2014) is quite a cold, technical term to describe a child having to move from one household to another.’
Transparency Project, 30th August 2019
Source: www.transparencyproject.org.uk
Regulator approves self-exclusion system for problem gamblers – The Guardian
‘A system that allows problem gamblers to block themselves from all UK betting websites in one go has finally been approved by the industry regulator, 18 months after it was supposed to be ready, the Guardian understands.’
The Guardian, 1st September 2019
Source: www.theguardian.com
