Police officer Peter Drummond had sex with girl aged 14 – BBC News
‘A police officer has been found guilty of having sex with a 14-year-old girl he befriended on social media.’
BBC News, 18th February 2019
Source: www.bbc.co.uk
Jack Simson Caird and Ellis Paterson: Could the UK Courts Disapply Domestic Legislation to Enforce the Protocol on Ireland and Northern Ireland? – UK Constitutional Law Association
‘If the Withdrawal Agreement is approved, then Parliament will be asked to legislate to give domestic legal effect to its content through the EU (Withdrawal Agreement) Bill. One of the most significant provisions of the Withdrawal Agreement, Article 4, purports to give the entire contents of the Withdrawal Agreement special status within the UK’s constitutional order. Even though the UK would no longer be a Member State, the effect of Article 4 (if implemented) would be to give all of the laws within the Withdrawal Agreement the equivalent legal effect of EU law within a Member State. As a result, the Protocol on Ireland and Northern Ireland (the Protocol), which forms part of the Withdrawal Agreement, would be supreme over any other domestic legislative provisions, and any provisions of the agreement which meet the conditions for direct effect would have direct effect. How the UK courts would be able to enforce this status will be determined by how the UK Parliament decides to legislate to give effect to Article 4 in the EU (Withdrawal Agreement) Act. It is probable that the Government will propose to give the courts the power to disapply domestic legislation inconsistent with the Withdrawal Agreement by replicating the effect of the European Communities Act 1972 (ECA 1972). Article 4 of the WA, as explored below, already includes the obligation to disapply provisions that contravene EU law. This post looks at the questions that might be raised if a UK court was ever asked to disapply domestic legislation on the basis that it was inconsistent with the Protocol. The potential constitutional effect of Article 4 is worth considering in view of the short time that Parliament is likely to have to consider the EU (Withdrawal Agreement) Bill. While the UK courts have been able to disapply domestic legislation since the European Communities Act 1972 (this power was more more fully explored in Benkharbouche v Sec’y of State for Foreign and Commonwealth Affairs in 2017 – see Alison Young’s helpful 2017 blog post on the outcome) was enacted, what is constitutionally novel about Article 4 is the proposal that the courts would be able to do so when the UK is no longer a Member State.’
UK Constitutional Law Association, 19th February 2019
Source: ukconstitutionallaw.org
Permission to Appeal from the Lower and Appeal Courts: One Timeline or Two? – Hardwicke Chambers
‘When does time start to run for making an application for permission to appeal? Does the answer change, depending on whether the application is made to the lower or appellate court?’
Hardwicke Chambers, 13th February 2019
Source: hardwicke.co.uk
Linklaters’ “women in the workplace” dispute settled – Legal Futures
‘The legal dispute between City giant Linklaters and its former global business development director over his intention to discuss its “ongoing struggle… with women in the workplace” has ended.’
Legal Futures, 19th February 2019
Source: www.legalfutures.co.uk
Cannon Corporate Ltd v Primus Build Ltd [2019] EWCA Civ 27 – Hardwicke Chambers
‘This was a conjoined appeal alongside Bresco v Lonsdale. In this case, Cannon and Primus had already participated in an adjudication, with the decision of the adjudicator favouring Primus. Primus would later enter into a Company Voluntary Arrangement.’
Hardwicke Chambers, 13th February 2019
Source: hardwicke.co.uk
‘Prison isn’t working’: David Gauke calls for end to short jail terms – The Guardian
‘The justice secretary has said he wants to end short prison sentences because they do not work and hopes that technology and more community sentences will provide better alternatives to jail.’
The Guardian, 18th February 2019
Source: www.theguardian.com
Knotweed: what should the legislators be doing? – Hardwicke Chambers
‘On 22 January 2019 the House of Commons Science & Technology Committee (“STC”) held an inquiry into “Japanese knotweed and the built environment”. It received written submissions from 27 interested parties, ranging from the Law Society and Royal Horticultural Society to companies specialising in the treatment of non-native invasive species and concerned individuals.’
Hardwicke Chambers, 11th February 2019
Source: hardwicke.co.uk
Claimant “bound” by failure to change figure in portal – Litigation Futures
‘A claimant whose solicitors failed to amend the gross settlement box in the Ministry of Justice portal while negotiating with the defendant insurer was stuck with the figure, a circuit judge has ruled.’
Litigation Futures, 19th February 2019
Source: www.litigationfutures.com
Is it OK to call my MP a Nazi? – Doughty Street Chambers
‘Colleague Joel Bennathan QC notes the increase in reports of abuse of those in public life, notably the recent “Nazi” slurs levelled against Anna Soubry MP in the street. But is that kind of behaviour a crime, and were the police at fault for not intervening at the time?’
Doughty Street Chambers, 11th January 2019
Source: insights.doughtystreet.co.uk
Case Comment: Perry v Raleys Solicitors [2019] UKSC 5 – UKSC Blog
‘Rory Thomson, a senior associate in the disputes team at CMS, comments on the judgment of the UK Supreme Court in the case of Perry v Raleys Solicitors, which was handed down on 13 February 2019. The judgment is a useful affirmation and clarification of the law on the assessment of causation and loss in professional negligence cases.’
UKSC Blog, 18th February 2019
Source: ukscblog.com
Animal transport: where are we now with EU law? – UK Human Rights Blog
‘Livestock transport has been a controversial subject in the UK for many years. Efforts by public authorities to reduce or mitigate the movement or export of live animals have hitherto foundered on the rocks of free movement of goods (see my post on TFEU Article 35). Despite the ethical controversy, the current position is that long distance transport of nonhuman animals for slaughter is lawful (Barco de Vapor BV v Thanet District Council [2015] Bus LR 593.) ‘
UK Human Rights Blog, 18th February 2019
Source: ukhumanrightsblog.com
Man, 23, found guilty of murdering child killer David Gaut – The Guardian
‘A man has been found guilty of stabbing a convicted child killer to death.’
The Guardian, 18th February 2019
Source: www.theguardian.com
Ep. 67: Remediation – Mathew Barnes – Law Pod UK
‘Taken from our recent seminar, ‘Erasure, Remediation and Rights of Appeal in Disciplinary Proceedings’, Mathew Barnes asks the question in his talk about remediation – Can you teach an old dog new tricks?’
Law Pod UK, 18th February 2019
Source: audioboom.com
Stephen Lawrence: How has his murder changed policing? – BBC News
‘Twenty years ago, an inquiry into the death of teenager Stephen Lawrence called for an overhaul of police procedures and attitudes towards race. But how much has changed?’
BBC News, 19th February 2019
Source: www.bbc.co.uk
Museums grapple with rise in pleas for return of foreign treasures – The Guardian
‘Neanderthal skulls and the remains of an extinct sloth named after Charles Darwin are among the items requested for repatriation from British institutions, as documents reveal museums are facing calls to return some of their most treasured items to their places of origin.’
The Guardian, 18th February 2019
Source: www.theguardian.com
Teachers (and other public servants) pay – Employment Law Blog
‘Significant budgetary restraints. A significant deficit in the public finances. Does that all sound familiar? It is a feature not only in the United Kingdom but also in the Republic of Ireland. It is the context of Case C-154/18, Horgan and Keegan v Minister for Education and Skills, in which the Second Chamber of the ECJ gave Judgment on 14 February 2019, on a reference from the Irish Labour Court.’
Employment Law Blog, 18th February 2019
Source: employment11kbw.com
Burnett calls for action on social diversity at top of profession – Legal Futures
‘Addressing the “lack of social diversity at the top of the legal profession” is an important part of improving judicial diversity, the Lord Chief Justice declared yesterday.’
Legal Futures, 19th February 2019
Source: www.legalfutures.co.uk
CPS mulls charges over burning effigy of Grenfell Tower – The Guardian
‘Prosecutors are considering whether to bring criminal charges against a group of men who were filmed burning an effigy of Grenfell Tower.’
The Guardian, 18th February 2019
Source: www.theguardian.com
Appeal judges “penalising law firms for being efficient” – Litigation Futures
‘The Court of Appeal ruling last week in the Bott & Co flight delay litigation shows that judges are not giving solicitors credit for being more business-like and efficient, a leading commentator has argued.’
Litigation Futures, 18th February 2019
Source: www.litigationfutures.com
London firm cultivating groundbreaking cannabis law practice – Legal Futures
‘A London law firm is building what it says is the country’s first dedicated cannabis law practice as it looks to take the lead in a fast-growing market.’
Legal Futures, 18th February 2019
Source: www.legalfutures.co.uk
