Judicial review is not “politics by another means” – UK Human Rights Blog

Posted March 11th, 2019 in appeals, brexit, judicial review, news, referendums by sally

‘The Court of Appeal has turned down an appeal against an application seeking judicial review of May’s triggering of Article 50 under the power granted to her by the European Union (Notification of Withdrawal) Act 2017. The applicants sought a declaration that this was unlawful because it was “based upon the result of a referendum that was itself unlawful as a result of corrupt and illegal practices, notably offences of overspending committed by those involved in the campaign to leave the EU”.’

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UK Human Rights Blog, 9th March 2019

Source: ukhumanrightsblog.com

Capacity to use the internet – Transparency Project

Posted March 11th, 2019 in Court of Protection, disabled persons, internet, learning difficulties, news by sally

‘Two recent judgments in the Court of Protection sparked the usual inaccurate headlines suggesting that the court had ridden roughshod over the rights of adults with learning difficulties to access the internet, and more specifically social media. In particular this one from The Times stood out: Social workers can stop vulnerable people using social media.’

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Transparency Project, 9th March 2019

Source: www.transparencyproject.org.uk

District council defeats challenge to listing of pub as asset of community value – Local Government Lawyer

Posted March 11th, 2019 in appeals, assets of community value, fire, local government, news, planning by sally

‘East Hertfordshire District Council has successfully defended its decision to list a currently empty pub as an asset of community value.’

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Local Government Lawyer, 8th March 2019

Source: www.localgovernmentlawyer.co.uk

House of Lords report calls for digital super-regulator – The Guardian

Posted March 11th, 2019 in children, duty of care, internet, news, ombudsmen, parliament, regulations, standards by sally

‘The House of Lords has called for the creation of a digital super-regulator to oversee the different bodies charged with safeguarding the internet and replace the “clearly failing” system of self-regulation by big technology companies.’

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The Guardian, 9th March 2019

Source: www.theguardian.com

Police guilty of gross misconduct in domestic abuse murder case – The Guardian

Posted March 11th, 2019 in disciplinary procedures, domestic violence, inquiries, murder, news, police, professional conduct, standards by sally

‘Police officers risk losing their jobs and pensions if they fail to properly investigate domestic abuse including stalking, harassment and coercive control following a landmark misconduct ruling.’

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The Guardian, 9th March 2019

Source: www.theguardian.com

Mixed fortunes for UK government in planning rulings – OUT-LAW.com

Posted March 11th, 2019 in climate change, codes of practice, consultations, demonstrations, energy, environmental protection, fracking, local government, news, planning by sally

‘The UK government has successfully defended a legal challenge against its decision to adopt a new National Planning Policy Framework (NPPF) in England last year, but guidance contained in that framework concerning ‘fracking’ has been ruled to be unlawful.’

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OUT-LAW.com, 8th March 2019

Source: www.out-law.com

Hallett tells senior lawyers to step up on discrimination – Legal Futures

Posted March 11th, 2019 in diversity, flexible working, harassment, internet, judges, legal profession, news, race discrimination, religious discrimination, sex discrimination, women by sally

‘Top women judges have called on senior lawyers to take responsibility for ensuring there is no discrimination in their organisations rather than leaving it to diversity specialists.’

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Legal Futures, 11th March 2019

Source: www.legalfutures.co.uk

Gun in Paul Cleeland murder trial ‘did not kill victim’ – BBC News

Posted March 11th, 2019 in appeals, Criminal Cases Review Commission, evidence, forensic science, judicial review, miscarriage of justice, murder, news, weapons by sally

‘A forensic report on a murder in 1972 has proved the gun relied on at trial did not kill the victim, lawyers claim.’

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BBC News, 11th March 2019

Source: www.bbc.co.uk

CQC rebuked for failure to prosecute charity over care home abuse – The Guardian

Posted March 11th, 2019 in autism, bullying, care homes, charities, disabled persons, fines, news, ombudsmen, quality assurance by sally

‘The health and social care regulator has been heavily criticised for issuing only a fixed penalty notice to a charity that ran a care home where autistic people were taunted, bullied and humiliated.’

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The Guardian, 10th March 2019

Source: www.theguardian.com

An updated driverless testing code for the UK recognises remote operators – Technology Law Update

Posted March 8th, 2019 in codes of practice, consultations, health & safety, news, road traffic by sally

‘The UK Government has published a revised Code of Practice on trials of automated vehicles. This is open for comments until 6 May 2019.’

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Technology Law Update, 8th March 2019

Source: www.technology-law-blog.co.uk

Number of people in jail for terrorism offences falls for first time since 2013 – The Guardian

Posted March 8th, 2019 in imprisonment, news, statistics, terrorism by sally

‘The number of prisoners in custody for terrorism offences has fallen for the first time in five years, official figures show.’

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The Guardian, 7th March 2019

Source: www.theguardian.com

Solicitors using GDPR for medical records “is like patient request” – Litigation Futures

Posted March 8th, 2019 in data protection, doctors, medical records, news, solicitors by sally

‘The Information Commissioner’s Office (ICO) has stepped in to calm GPs’ concerns about solicitors using the General Data Protection Regulation (GDPR) to obtain clients’ medical records.’

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Litigation Futures, 8th March 2019

Source: www.litigationfutures.com

Reporting restrictions and the James Bulger murder – David Burrows – UK Human Rights Blog

Posted March 8th, 2019 in anonymity, murder, news, reporting restrictions by sally

‘In February 1993, two-year-old James Bulger was abducted, tortured and then murdered by two 10-year-olds, Jon Venables (JV) and Robert Thompson. As Sir Andrew McFarlane P says in the opening words of Venables & Anor v News Group Papers Ltd & Ors [2019] EWHC 494 (Fam) (4 March 2019): ‘The family of young James Bulger were and are deserving of the greatest sympathy as the indirect victims of this most horrific crime.’ It was James’s father and his uncle who brought the question of publicity – or not – for JV back to court.’

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UK Human Rights Blog, 7th March 2019

Source: ukhumanrightsblog.com

Shoreham Airshow pilot acquitted over crash deaths – BBC News

Posted March 8th, 2019 in aircraft, homicide, news by sally

‘Pilot Andrew Hill has been found not guilty of manslaughter over the Shoreham Airshow crash, in which 11 men died.’

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BBC News, 8th March 2019

Source: www.bbc.co.uk

MoD hit with indemnity costs for disclosure failure – Litigation Futures

Posted March 8th, 2019 in armed forces, costs, disclosure, indemnities, news by sally

‘The Ministry of Defence (MoD) has been ordered to pay indemnity costs after the High Court ruled that it “has not begun to grapple with its obligations in terms of disclosure” in a procurement challenge.’

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Litigation Futures, 7th March 2019

Source: www.litigationfutures.com

Sally Challen’s son launches public appeal for her murder charge to be downgraded – Daily Telegraph

Posted March 8th, 2019 in Crown Prosecution Service, domestic violence, homicide, murder, news, plea bargaining, pleadings by sally

‘The sons of a woman who killed her husband in a hammer attack have launched a public appeal for her murder charge to be downgraded and have accused the CPS of “discrimination against women”.’

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Daily Telegraph, 7th March 2019

Source: www.telegraph.co.uk

Government issues guidance for local authorities on Homes (Fitness for Human Habitation) Act 2018 – Local Government Lawyer

Posted March 8th, 2019 in housing, local government, news by sally

‘The Ministry for Housing, Communities and Local Government has issued non-statutory guidance and advice to local authorities on the Homes (Fitness for Human Habitation) Act 2018.’

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Local Government Lawyer, 7th March 2019

Source: www.localgovernmentlawyer.co.uk

Lord Chief Justice sets up advisory group for judiciary on Artificial Intelligence – Local Government Lawyer

Posted March 8th, 2019 in artificial intelligence, judiciary, news by sally

‘The Lord Chief Justice, Lord Burnett of Maldon, has set up an advisory body to inform the judiciary about developments in artificial intelligence (AI).’

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Local Government Lawyer, 7th March 2019

Source: www.localgovernmentlawyer.co.uk

Tommy Robinson to face fresh contempt of court proceedings – The Guardian

Posted March 8th, 2019 in attorney general, contempt of court, internet, news, public interest, video recordings by sally

‘The former English Defence League leader Tommy Robinson is facing a fresh hearing over allegations that he committed contempt of court by allegedly filming people involved in a criminal trial and broadcasting footage on social media.’

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The Guardian, 7th March 2019

Source: www.theguardian.com

Recent Statutory Instruments – Legislation.gov.uk

Posted March 8th, 2019 in legislation by sally

The Taxation (Cross-border Trade) Act 2018 (Appointed Days No. 4 and Transitional Provisions) (Modification) (EU Exit) Regulations 2019

The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019

The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2019

The Animals (Scientific Procedures) Act 1986 (Fees) Order 2019

The European Union (Withdrawal) Act 2018 (Commencement No. 2) Regulations 2019

The Financial Guidance and Claims Act 2018 (Naming and Consequential Amendments) Regulations 2019

The Social Security Revaluation of Earnings Factors Order 2019

The Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019

The Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (England and Wales) (EU Exit) Regulations 2019

The Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019

The Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019

The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019
The Offshore Installations (Safety Zones) Order 2019

The Mutual Assistance on Customs and Agricultural Matters (Revocation) (EU Exit) Regulations 2019

The Seed Marketing and Seed Potatoes (England) (Amendment) Regulations 2019

The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019

The Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019

The Tenant Fees Act 2019 (Commencement No. 2) Regulations 2019

The Housing and Planning Act 2016 (Commencement No. 10 and Transitional Provision) Regulations 2019

The Alternative Fuel Labelling and Greenhouse Gas Emissions (Miscellaneous Amendments) Regulations 2019

The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2019

The UK Statistics (Amendment etc.) (EU Exit) Regulations 2019

The Customs (Managed Transition Procedure) (EU Exit) Regulations 2019

The European Union Budget, and Economic and Monetary Policy (EU Exit) Regulations 2019

The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019

The Government Resources and Accounts Act 2000 (Estimates and Accounts) Order 2019

The Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019

Source: www.legislation.gov.uk