Leonid Sirota: (How) Can Big Government Be Kept Accountable? – UK Constitutional Law Association

Posted November 17th, 2023 in constitutional law, government departments, news, parliament by sally

‘This project started from an experience that will be familiar to just about any law lecturer: persuading first-year students, bewildered in their first week at university, that your subject means something to them ― even if they don’t know that yet. In my case, one argument I came up with to sell my students on constitutional law was that government is a very big deal. I return to the question of just how big a deal it is presently. For now, suffice it to say that, although some public law rules (think of the Carltona doctrine, for instance) take this into account, on the whole, the size and also the shape of government go relatively unremarked upon in public law theory.

In this post I argue, however, that they matter for thinking about government accountability. They matter beyond this too, but accountability is my topic here. It is more difficult to keep a big government accountable than a small one. In particular, it is difficult and perhaps impossible to do so through political means. Political constitutionalists who want government accountability, primarily political control of government, and big government cannot have it all.’

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UK Constitutional Law Association, 16th November 2023

Source: ukconstitutionallaw.org

Unanimous Supreme Court: Rwanda removals are unlawful – UK Human Rights Blog

‘R ((AAA) Syria and Ors) v Secretary of State for the Home Department [2023] UKSC 42. The Government’s flagship policy of removing individual asylum seekers to Rwanda for their claims to be decided under the Rwandan asylum system that was announced on 14th April 2022 has been found to be unlawful by a unanimous Supreme Court.’

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UK Human Rights Blog, 15th November 2023

Source: ukhumanrightsblog.com

Victims to be protected through Sentencing Reforms – Ministry of Defence

‘Cowardly domestic abusers will continue to face time behind bars under legislation laid in Parliament today which will also see the most horrific murderers face life behind bars and rapists locked up for longer.’

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Ministry of Defence, 14th November 2023

Source: www.gov.uk

High Court laments “wholly unacceptable” last-minute adjournment – Legal Futures

Posted November 17th, 2023 in adjournment, arbitration, charging orders, Commercial Court, costs, news by sally

‘A Commercial Court judge has blamed a claimant “in large part” for the “wholly unacceptable” last-minute adjournment of their case after he had begun pre-reading for it.’

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Legal Futures, 17th November 2023

Source: www.legalfutures.co.uk

Far-right ‘reverend’ who exchanged letters with terrorists convicted of stirring up racial hatred – Crown Prosecution Service

Posted November 17th, 2023 in Crown Prosecution Service, imprisonment, news, public order, racism, sentencing by sally

‘The editor of a far-right website has been convicted of possessing racially inflammatory material including stickers that had been posted in and around Liverpool in 2021 as part of a campaign directing people to a website calling for the establishment of a white master race.’

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Crown Prosecution Service, 16th November 2023

Source: www.cps.gov.uk

Supreme Court dismisses commercial lender’s appeal over PPI claim – Law Society’s Gazette

Posted November 17th, 2023 in appeals, disclosure, insurance, news, Supreme Court, time limits by sally

‘The Supreme Court has ruled that a claim over the misselling of a payment protection insurance policy was not time-barred as the commercial lender failed to disclose that it was charging a “substantial commission” on the policy.’

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Law Society's Gazette, 16th November 2023

Source: www.lawgazette.co.uk

YouTuber sentenced for antisemitic abuse during livestream, CPS says – The Independent

‘A YouTuber who targeted antisemitic abuse at a Jewish woman during a livestream has been sentenced for a hate crime.’

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The Independent, 16th November 2023

Source: www.independent.co.uk

Law enforcement on class B and C drugs ‘pathetically weak for years’, says PCC – The Independent

Posted November 17th, 2023 in drug abuse, enforcement, news, police by sally

‘The enforcement of laws around class B and C drugs has been “pathetically weak” for years and tougher action needs to be taken nationally against cannabis, a police and crime commissioner (PCC) has said.’

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The Independent, 17th November 2023

Source: www.independent.co.uk

Jury clears climate protesters of causing damage to HSBC London HQ – The Guardian

Posted November 17th, 2023 in banking, climate change, criminal damage, environmental protection, news by sally

‘Nine climate protesters have been cleared by a jury of causing £500,000 worth of criminal damage to the windows at the headquarters of HSBC bank in London.’

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The Guardian, 16th November 2023

Source: www.theguardian.com

Sixty women at MoD complain of widespread ‘toxic’ and ‘hostile’ behaviour – The Guardian

‘Sixty senior women at the UK’s Ministry of Defence have described a “hostile” and “toxic” culture at the department in a letter that alleges sexual assault, harassment and abuse by male colleagues.’

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The Guardian, 16th November 2023

Source: www.theguardian.com

Rat-infested Bedford Prison found to have highest violence levels – BBC News

Posted November 17th, 2023 in government departments, health & safety, news, prisons, violence by sally

‘Bedford Prison has higher levels of violence than any other prison in the country, according to a critical report from inspectors.’

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BBC News, 17th November 2023

Source: www.bbc.co.uk

Matthew Smith on Service Charges: Section 27A LTA 1985 & Estoppel by Convention – Park Square Barristers

Posted November 16th, 2023 in chambers articles, estoppel, housing, landlord & tenant, leases, news by sally

‘The recent case of Lacy v Homeselect Finance [2023] UKUT 231 (LC) considered a number of historic service charge issues between a long-leaseholder and a freeholder of a flat in Torquay. A particular point of note is the decision regarding admissions and estoppel.’

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Park Square Barristers, 11th October 2023

Source: www.parksquarebarristers.co.uk

Immigration Blog: Age Assessments – More Than Just a Number – Garden Court Chambers

Posted November 16th, 2023 in asylum, chambers articles, children, deportation, detention, immigration, news by sally

‘In the immigration rules (352ZD) the definition of an Unaccompanied Asylum-Seeking Child (“UASC”) is broad and aimed at child protection. It expressly includes children who lodged their claim whilst they were under 18 (even if they have since turned 18); their age is set in time at point of entry. This is no longer the case under section 4 IMA. On 5 July 2023, the government published a children’s rights impact assessment of the IMA, finding that it would “protect children from the risk of death, trafficking.” The Children’s Commissioner responded: “I am far from convinced that is the case. Indeed, I am concerned that the threat to a child of deportation at 18 will be a gift to traffickers, as children will feel less able to seek help from professionals and instead go missing into the hands of exploiters.”’

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Garden Court Chambers, 2nd October 2023

Source: www.gardencourtchambers.co.uk

Delay for children as result of longer case durations is “single most pressing issue” for family justice system, warns Cafcass in new strategic plan – Local Government Lawyer

Posted November 16th, 2023 in children, delay, families, family courts, news by sally

‘The Children and Family Court Advisory and Support Service (Cafcass) has published its strategic plan for 2023-26, in which it warns that delay for children as a result of longer case durations is now the “single most pressing issue” for the family justice system.’

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Local Government Lawyer, 14th November 2023

Source: www.localgovernmentlawyer.co.uk

Rishi Sunak to bring in emergency law after supreme court’s Rwanda ruling – The Guardian

‘Rishi Sunak has staked his political credibility on pushing through emergency legislation to resurrect his high-profile plan to deport asylum seekers to Rwanda, after the supreme court ruled it was unlawful.’

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The Guardian, 15th November 2023

Source: www.theguardian.com

Insolvency Newsletter: October 2023 – Gatehouse Chambers

Posted November 16th, 2023 in chambers articles, insolvency, news by sally

‘This month Alaric Watson considers the significance of the Patley Wood v Kicks and Brake v Chedington for the world of personal insolvency, Ryan Hocking gives a run down of the recent and anticipated statutory and regulatory changes, we have a two minute interview with the newest member of the team, Victoria Dacie-Lombardo and we have summaries of some of the significant cases from the last quarter.’

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Gatehouse Chambers, October 2023

Source: gatehouselaw.co.uk

UK medicines regulator approves gene therapy for two blood disorders – The Guardian

Posted November 16th, 2023 in blood products, health, medicines, news by sally

‘The UK’s medicines regulator has authorised the use of a world-first gene therapy as a potential cure for two inherited blood disorders.’

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The Guardian, 16th November 2023

Source: www.theguardian.com

Justice accuses Government of seeking to establish blanket anonymity for “junior” civil servants – Local Government Lawyer

‘Law reform charity Justice has intervened on what it called a “principle of open justice”, to allege the Government wanted blanket anonymity for civil servants deemed ‘junior’ in documents disclosed in judicial review proceedings.’

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Local Government Lawyer, 16th November 2023

Source: www.localgovernmentlawyer.co.uk

High Court gives judgment in Koetsier v Thomas and LJP Owen Limited t/a Nolton Stables – Old Square Chambers

Posted November 16th, 2023 in animals, chambers articles, damages, negligence, news, personal injuries by sally

‘On 10 October 2023, the High Court gave judgment dismissing the Claimant’s claims in negligence and pursuant to section 2(2) Animals Act 1971 in circumstances where a horse reacted to the presence of a dog causing the Claimant to fall and suffer severe spinal cord injury.’

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Old Square Chambers, 20th October 2023

Source: oldsquare.co.uk

Construction of a Right of Way – Gatehouse Chambers

Posted November 16th, 2023 in chambers articles, news, rights of way by sally

‘You are fortunate enough to own a house on a large plot of land and wish to realise some of its value by dividing it in two and building another house. Access to the plot is gained via a lane which passes over, and is part of, a neighbour’s land; your land enjoys an express right of way over the lane “at all times and for all purposes with or without vehicles”. Are you going to be able to use the lane for the construction traffic, and thereafter for access to the second house in addition to the current house?’

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Gatehouse Chambers, 6th October 2023

Source: gatehouselaw.co.uk