Ep. 57: Mass starvation as a weapon of war – Law Pod UK
‘Rosalind English talks to 1 Crown Office Row’s Catriona Murdoch about the ways in which international law may be used to prevent it.’
Law Pod UK, 10th December 2018
Source: audioboom.com
SQE does “violence to law” as academic discipline – Legal Futures
‘The introduction of the Solicitors Qualifying Examination (SQE) does “significant violence to law as an academic discipline and to our colleagues and students”, law lecturers have argued.’
Legal Futures, 11th December 2018
Source: www.legalfutures.co.uk
‘No deal’ Brexit EU citizens’ rights plans published – OUT-LAW.com
‘Only European Economic Area (EEA) citizens already resident in the UK by 29 March 2019 would be entitled to apply for the UK’s settlement scheme in the event of a ‘no deal’ Brexit, according to a new policy paper published by the government.’
OUT-LAW.com, 10th December 2018
Source: www.out-law.com
City to contest cases where asylum seeker assessed as adult threatens legal action – Local Government Lawyer
‘Liverpool City Council is to contest the next cases in which apparently adult asylum seekers claim to be children, in the face of a potential £1.5m cost for looking after them.’
Local Government Lawyer, 11th December 2018
Source: www.localgovernmentlawyer.co.uk
The Women Behind The Universal Declaration of Human Rights – Rights Info
‘Hannah Swirsky, Campaigns Officer at René Cassin, outlines why the 70th anniversary of the Universal Declaration of Human Rights is a time for celebration, but also for remembrance of the unsung role of women in the Declaration, and, realising their legacies today.’
Rights Info, 10th December 2018
Source: rightsinfo.org
Family Court judge raps council for “woeful” care of two young women – Local Government Lawyer
‘A Family Court judge has condemned a council’s care for two young women as “woeful” and said he was “appalled” by failures of social workers and managers.’
Local Government Lawyer, 11th December 2018
Source: www.localgovernmentlawyer.co.uk
Stansted 15 activists vow to overcome ‘dark, dark day for the right to protest’ – The Guardian
‘The Stansted 15 expected to face retribution for their protest. They never expected to be found guilty of terrorism offences.’
The Guardian, 10th December 2018
Source: www.theguardian.com
Discrimination claims against leading firm an “abuse of process” – Legal Futures
‘An employment tribunal has ruled that claims of racial discrimination and harassment brought against national firm Shoosmiths amount to an abuse of process.’
Legal Futures, 11th December 2018
Source: www.legalfutures.co.uk
Brexit and EU citizens – latest developments – Technology Law Update
‘Ahead of the planned parliamentary vote on the UK / EU Withdrawal Agreement, many EU nationals remain concerned about their future status in the UK, particularly in the event of a no-deal Brexit. So what do we know at this stage?’
Technology Law Update, 10th December 2018
Source: www.technology-law-blog.co.uk
Families threaten county with legal action over cuts to services for disabled children – Local Government Lawyer
‘Lawyers acting for families with disabled children have threatened Somerset County Council with a legal challenge over proposed cuts to services that would save £2m over the next two years.’
Local Government Lawyer, 10th December 2018
Source: www.localgovernmentlawyer.co.uk
President issues guidance on anonymisation in Family Court judgments – Local Government Lawyer
‘The President of the Family Division has issued guidance on two aspects of anonymisation and the avoidance of identification of children in judgments placed in the public arena.’
Local Government Lawyer, 7th December 2018
Source: www.localgovernmentlawyer.co.uk
Auction house loses ‘dual purpose’ art litigation privilege case – OUT-LAW.com
‘An auction house has failed to establish litigation privilege over correspondence with experts about whether or not a painting it sold was counterfeit, in a case brought by the seller of that painting.’
OUT-LAW.com, 10th December 2018
Source: www.out-law.com
Gavin Phillipson and Alison L. Young: Wightman: What Would Be the UK’s Constitutional Requirements to Revoke Article 50? – UK Constitutional Law Association
‘Today the Court of Justice of the European Union delivered its judgment in Wightman. This followed the opinion of Advocate General Campos Sánchez-Bordona, concluding that the UK may unilaterally revoke its notification of its intention to leave the EU. In a similar manner to the AG, the CJEU placed conditions on this unilateral revocation. A formal process would be needed to notify the European Council of the UK’s intention to revoke article 50. Such notice of revocation would have to be unequivocal and unconditional (para 74), and, importantly, ‘in accordance with the constitutional requirements of the Member State’, in this case, the UK, and following a ‘democratic process’ (para 66). It would also have to take place before the end of the Article 50 negotiation period, or any agreed extension, and before a Withdrawal Agreement between the exiting state and the EU had been ‘concluded’ – i.e. entered into force (para 73). In addition, the AG’s opinion was that any revocation would have to be in ‘good faith’ and in line with the requirement of ‘sincere cooperation’ between the Member State and the EU and. Further, although not required, it would be reasonable for the Member State to provide its reasons for revoking the Article 50 notification.’
UK Constitutional Law Association, December 2018
Source: ukconstitutionallaw.org
Expand ‘commonhold’ ownership system, government urged – The Guardian
‘The rarely used “commonhold” system of home ownership should be expanded as an alternative to landlord-controlled leaseholds which are increasingly resented, the Law Commission is recommending.’
The Guardian, 10th December 2018
Source: www.theguardian.com
Amenability to judicial review – Law Society’s Gazette
‘When is a private appointment a matter of public law? In an important case on this issue, R (on the application of Holmcroft Properties Ltd) v KPMG LLP [2018] EWCA Civ 2093, the Court of Appeal recently upheld the Divisional Court’s decision that KPMG was not amenable to judicial review when acting as an independent reviewer, whose appointment by a bank was approved by the Financial Services Authority.’
Law Society's Gazette, 10th December 2018
Source: www.lawgazette.co.uk
The Supreme Court’s Decision on Pregabalin – NIPC Law
‘This was an appeal from the decision of the Court of Appeal in Warner-Lambert Company LLC v Generics (UK) Ltd (t/a Mylan) and Others [2016] EWCA Civ 1006 which I discussed in The Pregabalin Appeal: Generics v Warner-Lambert 17 Oct 2016. In that appeal, the Court of Appeal upheld the decision of Mr Justice Arnold in Generics (UK) Ltd (t/a Mylan) v Warner-Lambert Company LLC [2016] RPC 3, [2015] EWHC 2548 (Pat), [2015] CN 1499 which I blogged in The Pregabalin Trial: Generics (UK) Ltd v Warner-Lambert Company LLC 18 Sept 2015 and his refusal to allow the patent to be amended in Generics (UK) Ltd (t/a Mylan) v Warner-Lambert Company LLC [2016] RPC 16, [2015] EWHC 3370 (Pat).’
NIPC Law, 6th December 2018
Source: nipclaw.blogspot.com
Supreme Court confirms carrier liability for cargo damage – OUT-LAW.com
‘The legal burden of disproving a claim for negligence when cargo is lost or damaged at sea rests with the carrier of the goods, the UK’s highest court has ruled.’
OUT-LAW.com, 10th December 2018
Source: www.out-law.com
Mother and ex-partner jailed for ‘brutal’ murder of three-week old baby treated as a ‘fashion accessory’ – Daily Telegraph
‘A mother who treated her baby as a “fashion accessory” has been jailed with her ex-partner for 10 years each for being responsible for the “brutal” death of her three-week-old son.’
Daily Telegraph, 7th December 2018
Source: www.telegraph.co.uk
Historic castle excluded from protection measures at risk from repeated flooding – Daily Telegraph
‘Occupying a prime spot in the beautiful Conwy Valley the ancient castle of Gwydir boasts a reputation as one of the finest Tudor houses in Wales.’
Daily Telegraph, 9th December 2018
Source: www.telegraph.co.uk
