Extinct? The Lawyer Lord Chancellor – Counsel
‘Joshua Rozenberg QC reflects on whether we’ve seen the last of the legally qualified Lord Chancellors.’
Counsel, October 2017
Source: www.counselmagazine.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Finance Act 2016, Section 166 (Appointed Day) Regulations 2017
The Republic of Mali (European Union Financial Sanctions) Regulations 2017
The Policing and Crime Act (Financial Sanctions) (Overseas Territories) Order 2017
The Repatriation of Prisoners (Overseas Territories) Order 2017
The Counter-Terrorism and Security (Jersey) Order 2017
The Immigration (Jersey) (Amendment) Order 2017
The Inspectors of Education, Children’s Services and Skills (No. 3) Order 2017
Source: www.legislation.gov.uk
Cormac Mac Amhlaigh: Can Brexit Be Stopped under EU Law? – UK Constitutional Law Association
‘Ominous clouds are gathering and the terrain underfoot increasingly resembles a quagmire on the Brexiteers’ ‘sunlit uplands’. The latest reminders that the reality will be significantly different from their utopia of a prosperous global Buccaneering Britain has come in the form of a trade dispute between the U.S. and a Canadian aircraft manufacturer which could have a devastating impact on the Northern-Irish economy where the manufacturer has a significant base; and the threat from a gang of countries that they will not accept a proposed agreement (one of the few agreements for now) between the EU and UK as to the divvying up of agricultural import quotas after Brexit. Perhaps most galling on this front is the fact that the gang involves those with whom it was hoped trade deals would be swiftly struck; including the U.S. and New Zealand.’
UK Constitutional Law Association, 10th October 2017
Source: ukconstitutionallaw.org
High Court rejects motor neurone sufferer’s application to overturn prohibition on assisted suicide – UK Human Rights Blog
‘This case concerns the issue of provision of assistance to a person with a serious wasting disease who wishes to commit suicide, so as to be able to exercise control over the time of his death as the disease reaches its final stages. See our previous post on it here and here. It follows a line of cases which have addressed that or similar issues, in particular R (Pretty) v Director of Public Prosecutions [2001] UKHL 61; [2002] 1 AC 800 (“Pretty“), R (Purdy) v Director of Public Prosecutions [2009] UKHL 54; [2010] 1 AC 345 (“Purdy“) and R (Nicklinson) v Ministry of Justice [2014] UKSC 38; [2015] AC 657(“Nicklinson“). Permission to bring this judicial review was granted by the Court of Appeal (McFarlane and Beatson LJJ, see [2017] EWCA Civ 275), having earlier been refused by the Divisional Court (Burnett LJ, Charles and Jay JJ) at [2017] EWHC 640 (Admin’
UK Human Rights Blog, 11th October 2017
Source: ukhumanrightsblog.com
Criminal or casualty? – Counsel
‘Marine A is a salutary lesson on the pressures of modern warfare and those acting for service personnel, say Shaun Esprit and Jo Morris.’
Counsel, October 2017
Source: www.counselmagazine.co.uk
UK gender inequality as bad as 10 years ago, EU league table shows – The Guardian
‘Britain has made zero progress in tackling inequality between the sexes in the past decade and lags behind Sweden, Denmark, Finland, the Netherlands and France in the EU’s latest gender equality league table.’
The Guardian, 11th October 2017
Source: www.theguardian.com
Better case management – Counsel
‘Two years on, how have collective efforts to make every court hearing count evolved? Peter Hungerford-Welch summarises the procedural changes and the message from case law.’
Counsel, October 2017
Source: www.counselmagazine.co.uk
Supreme Court to consider if NHS in breach over man who left A&E before triage – Local Government Lawyer
‘The Supreme Court has agreed to hear an appeal over a Court of Appeal ruling that the NHS was not in breach of its duty when a man left an accident and emergency department and subsequently suffered brain damage.’
Local Government Lawyer, 10th October 2017
Source: www.localgovernmentlawyer.co.uk
Screening for protection in healthtech services – Technomed v Bluecrest – Technology Law Update
‘A recent court decision on infringement of IP in an ECG screening service shows how components of the service qualify for different forms of protection. Reliance on less obvious IP rights can offer valuable cover for a business’s assets even in the absence of patent protection.’
Technology Law Update, 11th September 2017
Source: www.technology-law-blog.co.uk
Ministry of Justice “set to repeat mistakes of LASPO”, warns MASS chairman – Litigation Futures
‘ASPO has not brought down insurance premiums, stopped referral fees or seen accident victims benefit from the promised 10% uplift in damages, and the Ministry of Justice is set to repeat its mistakes in the Civil Liability Bill, the chairman of the Motor Accident Solicitors Society (MASS) claimed yesterday.’
Litigation Futures, 12th October 2017
Source: www.litigationfutures.com
Campaigner for gender-neutral passports wins court challenge – BBC News
‘A campaigner has been given the go-ahead to bring a High Court challenge against the government over gender-neutral passports.’
BBC News, 11th October 2017
Source: www.bbc.co.uk
Home Office treated couple living legally in UK ‘like criminals’ – The Guardian
‘A Spanish woman who has lived in the UK for 15 years has accused the Home Office of treating her family like criminals after her American husband and the father of her three children applied for a permanent residency (PR) card.’
The Guardian, 11th October 2017
Source: www.theguardian.com
Whalley v Advantage Insurance [2017]: Costs Consequences Following the Late Acceptance of Part 36 Offers in Fixed Costs Cases – Zenith PI Blog
‘The Claimant brought a claim for personal injury arising out a road traffic accident which took place on 11th July 2014. The Claimant went on to make a Part 36 offer to accept an 85/15 split on liability dated 7th December 2015. The Defendant’s time for accepting the offer expired on 30th December 2015. The Defendant did not in fact accept the Claimant’s Part 36 offer until 29th January 2016. The delay in accepting the offer was therefore just under one month post expiry. Quantum was agreed in the sum of £10,000 which was paid. The issue was whether the Claimant’s costs were limited to fixed costs for the entire action or whether the Claimant was entitled to either assessed costs or indemnity costs for the period 30th December 2015 to 29th January 2016.’
Zenith PI Blog, 11th October 2017
Source: zenithpi.wordpress.com
Prison has ‘deliberate policy’ of accepting sex offenders to help reduce violence, report finds – Daily Telegraph
‘One of the UK’s most violent prisons has begun a “deliberate policy” of accepting sex offenders to help tackle high levels of disturbance, according to a watchdog report.’
Daily Telegraph, 12th October 2017
Source: www.telegraph.co.uk
UK government considers classifying Google and Facebook as publishers – The Guardian
‘Karen Bradley, the culture secretary, has said the government is considering changing the legal status of Google, Facebook and other internet companies amid growing concerns about copyright infringement and the spread of extremist material online.’
The Guardian, 11th October 2017
Source: www.theguardian.com
Moped robbery gang jailed after 100-victim crime spree – BBC News
‘A moped gang that robbed more than 100 people, including an attempted robbery on former chancellor George Osborne, has been jailed.’
BBC News, 11th October 2017
Source: www.bbc.co.uk
Tougher penalties proposed for unsophisticated plots – BBC News
‘New, tougher penalties are being proposed to deal with the “less sophisticated” but “equally as deadly” terror plots seen in recent years.’
BBC News, 12th October 2017
Source: www.bbc.co.uk
