Channel migrants: Man who piloted boat carrying 70 jailed – BBC News
‘A man who piloted a boat carrying more than 70 migrants who were rescued off the Kent coast has been jailed.’
BBC News, 5th February 2024
Source: www.bbc.co.uk
Portuguese man who has lived legally in UK since 2001 faces deportation – The Guardian
‘The Home Office has threatened a Portuguese plumber who has lived legally in the UK for more than 20 years with deportation after he struggled with his application to remain in the country.’
The Guardian, 4th February 2024
Source: www.theguardian.com
Either not Neither: further consideration of non-binary identity by the High Court – UK Human Rights Blog
‘The Divisional Court (Lady Justice Laing and Mrs Justice Heather Williams) confirmed in R (Castellucii) v The Gender Recognition Panel and the Minister for Women and Equalities [2024] EWHC 54 (Admin) that the Gender Recognition Panel has no power under the Gender Recognition Act 2004 to issue a Gender Recognition Certificate that records an applicant’s gender as “non-binary”. It also held that this did not breach any of the Claimant’s rights under Article 14 of the European Convention of Human Rights.’
UK Human Rights Blog, 5th February 2024
Source: ukhumanrightsblog.com
Brian Christopher Jones: Nigel Farage and the UK Constitution – UK Constitutional Law Association
‘The upheaval of the UK constitution from 2016 onwards has been associated with a host of individuals, from David Cameron to Boris Johnson to Dominic Cummings, who have received the significant bulk of academic attention in recent years. And yet, another individual has had a substantial impact upon the UK constitution during this time: Nigel Farage. But his impact has not been as direct as other constitutional actors, and has often been scorned, sidelined, or generally undocumented. I can find only passing mentions of Farage on this blog, in addition to other major blogs on the UK constitution. Most of the articles mentioning him do so fleetingly, casting him in a negative light in relation to populism and his influence on Brexit (although some take a slightly more nuanced look). And yet, controversial though he is, Mr Farage deserves more attention. Although it may be easy to discount Farage as a fringe politician that has never held domestic political office, some of the issues and challenges his involvement in politics has brought forward go to the heart of the UK’s constitutional system.’
UK Constitutional Law Association, February 2024
Source: ukconstitutionallaw.org
Don’t ignore the Serious Medical Treatment Guidance – but let’s be clear about what the law requires – Medical Capacity Law and Policy
‘This is a post co-written by Tor Butler-Cole KC and I, prompted by the decision in GUP v EUP and UCLH NHS Foundation Trust [2024] EWCOP 3, a case in which Hayden J was concerned with a situation of a woman in her late 80s who had sustained a serious stroke and was being cared for in hospital.’
Mental Capacity Law and Policy, 4th February 2024
Neath Port Talbot: Mathew Pickering jailed for life for murder – BBC News
‘A man who murdered his on-off girlfriend has been sentenced to life in prison, with a minimum term of 17-and-a-half years.’
BBC News, 5th February 2024
Source: www.bbc.co.uk
Court discretion and dispute resolution clauses – Law Society’s Gazette
‘In Lancashire Schools SPC Phase 2 Ltd v Lendlease Construction (Europe) Ltd and others [2024] EWHC 37 (TCC), the Technology and Construction Court considered whether a dispute resolution clause (DR clause) which required the parties to engage with adjudication before proceeding to litigation, ousted the jurisdiction of the court.’
Law Society's Gazette, 2nd February 2024
Source: www.lawgazette.co.uk
Supreme Court to hear appeal in challenge concerning standing orders and committee voting – Local Government Lawyer
‘The Supreme Court has granted permission for an appeal against the Court of Appeal’s dismissal of a challenge concerning the lawfulness of Tower Hamlets Council’s standing orders requiring councillors to be present for the whole of a committee’s consideration of an item to vote on it.’
Local Government Lawyer, February 2024
Source: www.localgovernmentlawyer.co.uk
‘I feel rejected’: Windrush Scandal victim granted judicial review after Home Office refused compensation – The Independent
‘A member of the Windrush generation who was wrongly denied entry to the UK and sent to Jamaica has been granted a judicial review of his case.’
The Independent, 4th February 2024
Source: www.independent.co.uk
Unmanaged illegal migration brings rule of law into disrepute – Chalk – Law Society’s Gazette
‘Unmanaged illegal migration risks bringing the rule of law into disrepute, the lord chancellor said last night. In a speech to legislators and lawyers during a visit to the US, Alex Chalk MP said such migration “disregards borders and is putting undue pressure on the national systems of rules-based countries like ours and is a fundamental challenge to our democracies.”‘
Law Society's Gazette, 1st February 2024
Source: www.lawgazette.co.uk
Police forced to run background checks on sex abuse suspects or face sack under proposed ‘Gaia’s Law’ – The Independent
‘Police officers who fail to run background checks on sex offence suspects will face being fired under new measures proposed to parliament to crackdown on sexual predators.’
The Independent, 1st February 2024
Source: www.independent.co.uk
Supreme Court rules on “shock” in clinical negligence cases – Law Pod UK
‘The Supreme Court has ruled out claims for physicatric harm suffered by family members witnessing death or serious injury as a result of medical negligence. Rosalind English talks to Judith Rogerson of 1 Crown Office Row about the implication of this ruling.’
Law Pod UK, 1st February 2024
Source: audioboom.com
Joint enterprise law: MP’s bill seeks to stop innocent bystanders being jailed – The Guardian
‘A proposed amendment to English law could stop innocent people being imprisoned under the controversial joint enterprise doctrine.’
The Guardian, 1st February 2024
Source: www.theguardian.com
Brianna Ghey: Why teenagers who killed her can be named – BBC News
‘Two teenagers who murdered 16-year-old Brianna Ghey after devising a “kill list” of children to target will be named for the first time today.’
BBC News, 2nd February 2024
Source: www.bbc.co.uk
Lawyers raise alarm at struggle to tackle UK local government corruption – The Guardian
‘Lawyers have raised alarm at the lack of oversight in local government, as a Guardian analysis found almost one in 10 councils in the UK have been subject to a corruption investigation in the past decade.’
The Guardian, 2nd February 2024
Source: www.theguardian.com
I’ve fought for years to report what really goes on in family courts. At last, journalists can – Louise Tickle – The Guardian
‘Allowing journalists to report on hearings is welcome. Now editors need to give them the resources to be able to tell these complex stories properly.’
The Guardian, 31st January 2024
Source: www.theguardian.com
The legality of the new minimum income requirement – EIN Blog
‘The recently announced plan to increase the minimum income requirement (MIR) to £38,700 led to widespread criticism, with the government appearing to exclude all but the affluent from establishing family life in the UK. This has led to a partial policy shift, with it now announced that the threshold to sponsor a spouse will not rise to this amount until 2025, with an interim rise to £29,000 taking place in the Spring. Nonetheless, even this lower amount will be unaffordable to many families, raising questions about the compatibility of the rise with Convention rights. In R (MM) Lebanon v SSHD [2017] UKSC 10 the Supreme Court found that the initial MIR, set at £18,600, was lawful. In this post, I will highlight two key problems with the judgment, along with the failure of the MIR to restrict the social security entitlement of many affected families: the MIR’s primary justification.’
EIN Blog, 31st January 2024
Source: www.ein.org.uk
DPP appeals to supreme court in case of protesters who called MP ‘Tory scum’ – The Guardian
‘The director of public prosecutions is appealing to the supreme court in an ongoing and expensive battle to overturn the acquittal of two protesters found to have acted reasonably in calling Iain Duncan Smith “Tory scum”.’
The Guardian, 31st January 2024
Source: www.theguardian.com
