Conor Crummey : The Safety of Rwanda (Asylum and Immigration) Bill and the Judicial ‘Disapplication’ of Statutes – UK Constitutional Law Association

Posted March 26th, 2024 in bills, constitutional law, deportation, immigration, judiciary, news, parliament, Rwanda by tracey

‘The myriad problems with the Safety of Rwanda (Asylum and Immigration) Bill, as well as the policy that the Bill is supposed to facilitate, have been clearly documented. One common criticism is that the Bill would precipitate a “constitutional crisis” by provoking the courts into refusing to recognise its legal effect. Adam Tucker argues that the Bill’s most problematic sections could very well “count as a novel entry in our canon of possible limits of parliamentary sovereignty”. Jeff King argues that the House of Lords would be justified in radically amending or voting the Bill down, precisely because of the danger that it might incite a constitutional crisis. The Lords suggested sweeping amendments to the Bill, all of which were rejected by the Commons. The Bill will continue to go through a ping-pong process between each House before a final wording is settled.’

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UK Constitutional Law Association, 26th March 2024

Source: ukconstitutionallaw.org

Adoption applicant wins appeal after judge refused to allow them to attend hearing – Local Government Lawyer

Posted March 26th, 2024 in adoption, family courts, news, notification, private hearings by tracey

‘The Court of Appeal has allowed an appeal against a judge’s decision to refuse permission for prospective adopters to attend a final adoption hearing either in person or remotely, and to refuse their request for a transcript of the hearing.’

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Local Government Lawyer, 25th March 2024

Source: www.localgovernmentlawyer.co.uk

The Public Guardian and applications to revoke lasting powers of attorney – Local Government Lawyer

‘The Office of the Public Guardian was recently ordered to pay costs after the dismissal of its application to the Court of Protection to revoke lasting powers of attorney. Christine Cooper explains why.’

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Local Government Lawyer, 25th March 2024

Source: www.localgovernmentlawyer.co.uk

Defendant law firms “scaring off” legitimate employer’s liability claims – Legal Futures

Posted March 26th, 2024 in accidents, compensation, employment, law firms, news, personal injuries by tracey

‘At least £284m has been unclaimed from accidents at work in 2023, with workers increasingly reluctant to seek compensation from their employer, according to National Accident Helpline (NAH).’

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Legal Futures, 26th March 2024

Source: www.legalfutures.co.uk

Government accepts all recommendations made by Angiolini Inquiry – Home Office

‘Government led recommendations made by Part 1 of the independent Angiolini Inquiry have been accepted.’

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Home Office, 25th March 2024

Source: www.gov.uk

Watchdog calls for murder law review amid outrage over Nottingham triple killer’s manslaughter pleas – The Independent

‘A watchdog has called for a review of murder laws following an outcry from victims’ families over the decision to allow Nottingham attack killer to plead guilty to manslaughter.’

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The Independent, 25th March 2024

Source: www.independent.co.uk

Two men jailed over £350k Sutton Bridge cannabis farm – BBC News

Posted March 26th, 2024 in drug offences, news, sentencing by tracey

‘Two men who grew more than 400 cannabis plants worth up to £350,000 at a house in Lincolnshire have each been jailed for 14 months.’

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BBC News, 25th March 2024

Source: www.bbc.co.uk

Pork pie firm fined £800,000 after Nottingham workers lose fingers – BBC News

Posted March 26th, 2024 in accidents, fines, guilty pleas, health & safety, industrial injuries, news by tracey

‘A firm that specialises in making pork pies has been fined £800,000 after two staff members lost fingers which became trapped in machinery.’

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BBC News, 25th March 2024

Source: www.bbc.co.uk

Payout for Uber Eats driver in discrimination case – BBC News

‘A black Uber Eats driver has received a payout after “racially discriminatory” facial-recognition checks prevented him accessing the app to secure work.’

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BBC News, 26th March 2024

Source: www.bbc.co.uk

Michael Gove guilty of standards breach for not registering VIP football tickets – The Guardian

‘Michael Gove breached standards rules by failing to register hospitality he enjoyed with a Conservative donor whose company was awarded personal protective equipment contracts during the Covid pandemic, parliament’s sleaze watchdog has found.’

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The Guardian, 25th March 2024

Source: www.theguardian.com

Notorious crime boss behind murder of innocent couple loses challenge over escape risk – The Independent

Posted March 26th, 2024 in conspiracy, dangerous offenders, imprisonment, murder, news by tracey

‘A notorious crime boss serving a life sentence for orchestrating the murders of an innocent couple has lost his High Court challenge over whether he poses a high risk of escape from prison.’

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The Independent, 25th March 2024

Source: www.independent.co.uk

Shamima Begum loses bid to challenge removal of her British citizenship – The Independent

‘Shamima Begum has lost her initial bid to challenge the removal of her British citizenship by taking her case to the Supreme Court.’

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The Independent, 25th March 2024

Source: www.independent.co.uk

Minister told to name sources in Afghan inquiry or face potential jail term – The Guardian

‘The minister for veterans’ affairs, Johnny Mercer, has been given 10 days to reveal the source of allegations British troops engaged in war crimes in Afghanistan, or face a potential prison sentence.’

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The Guardian, 26th March 2024

Source: www.theguardian.com

New Acts – legislation.gov.uk

Posted March 25th, 2024 in budgets, legislation, national insurance by tracey

2024 c. 5 – National Insurance Contributions (Reduction in Rates) Act 2024

2024 c. 4 – Supply and Appropriation (Anticipation and Adjustments) Act 2024

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 25th, 2024 in legislation by tracey

SI 2024/399 – The Social Housing (Regulation) Act 2023 (Consequential and Miscellaneous Amendments) Regulations 2024

SI 2024/398 – The Immigration, Nationality and Passport (Fees) (Amendment) Regulations 2024

SI 2024/395 – The Investment Allowance and Cluster Area Allowance (Investment Expenditure) (Amendment) Regulations 2024

SI 2024/389 – The Levelling-up and Regeneration Act 2023 (Commencement No. 3 and Transitional and Savings Provision) Regulations 2024

SI 2024/406 – The Customs (Tariff and Miscellaneous Amendments) Regulations 2024

SI 2024/404 – The Windsor Framework (Implementation) Regulations 2024

SI 2024/387 – The Clergy Discipline (Amendment) Rules 2024

SI 2024/381 – The Motor Vehicles (Driving Licences) (Amendment) Regulations 2024

SI 2024/417 – The Strikes (Minimum Service Levels: Fire and Rescue Services) (England) Regulations 2024

SI 2024/416 – The Official Controls (Location of Border Control Posts) (England) Regulations 2024

SI 2024/403 – The Renewables Obligation (Amendment) (Energy Intensive Industries) Order 2024

SI 2024/401 – The Gender Recognition (Approved Countries and Territories and Saving Provision) Order 2024

SI 2024/410 – The Economic Crime and Corporate Transparency Act 2023 (Consequential, Supplementary and Incidental Provisions) Regulations 2024

SI 2024/409 – The Energy-Intensive Industry Electricity Support Payments and Levy Regulations 2024

SI 2024/408 – The Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2024

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 25th, 2024 in law reports by tracey

High Court (Commercial Court)

Al-Aggad v Al-Aggad & Ors [2024] EWHC 673 (Comm) (22 March 2024)

Dolphin Capital Partners Ltd v DCI Advisors Ltd [2024] EWHC 678 (Comm) (21 March 2024)

High Court (Family Division)

AB (a child), Re [2024] EWHC 586 (Fam) (21 March 2024)

Barnsley Metropolitan Borough Council v EM & Ors [2024] EWHC 657 (Fam) (21 March 2024)

Source: www.bailii.org

Unfitness for human habitation quantum – 100% again – Nearly Legal

Posted March 25th, 2024 in damages, deposits, housing, landlord & tenant, news, rent, repairs, repossession by tracey

‘Mason v 1) Olivera and 2) Santana, Claim no: K2PP0132 (15th December 2023, County Court at Clerkenwell and Shoreditch). We’ve previously seen a county court claim for unfitness for human habitation involve an award of 100% of rent in general damages, on the basis that it was a binary question – either the property was fit for human habitation, or it was not. If not, then it couldn’t be said that the tenant had derived any value from the tenancy. This is a second county court judgment on the issue and the same conclusions appear to be reached.’

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Nearly Legal, 24th March 2024

Source: nearlylegal.co.uk

ICO unveils new data protection fining guidance – OUT-LAW.com

Posted March 25th, 2024 in data protection, fines, news, ombudsmen, privacy by tracey

‘The Information Commissioner’s Office (ICO) has published new guidance setting out how it will determine penalty notices and calculate fines under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA).’

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OUT-LAW.com, 22nd March 2024

Source: www.pinsentmasons.com

UK bitcoin money laundering case underscores key prevention role of professional services – OUT-LAW.com

Posted March 25th, 2024 in cryptocurrencies, legal profession, money laundering, news by tracey

‘A recent case involving the seizure of over £2 billion worth of bitcoin in the UK highlights the crucial role professionals in the financial and legal sectors can play in preventing money laundering, a financial crime expert has said.’

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OUT-LAW.com, 22nd March 2024

Source: www.pinsentmasons.com

Consultation on proposed sentencing guidelines for immigration offences – Sentencing Council

Posted March 25th, 2024 in consultations, immigration, news, sentencing, trafficking in human beings by tracey

‘The Sentencing Council is consulting on the first ever sentencing guidelines for immigration offences. The guidelines reflect legislative changes to the Immigration Act 1971 brought in by the Nationality and Borders Act 2022.’

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Sentencing Council, 20th March 2024

Source: www.sentencingcouncil.org.uk