Making an Application for a Remediation Contribution Order (RCO) – Tanfield Chambers
‘James Fieldsend looks at applying for remediation contribution orders under the BSA.’
Tanfield Chambers, 4th July 2023
Source: www.tanfieldchambers.co.uk
Supreme Courts finds the PSED does not have extra-territorial effect – Cloisters
‘In a unanimous judgment, the Supreme Court in R (on the application of Marouf) (Appellant) v Secretary of State for the Home Department (Respondent) [2023] UKSC 23 has determined that the public sector equality duty (“PSED”) does not have extra-territorial effect.’
Cloisters, 14th July 2023
Source: www.cloisters.com
Fugitive guilty of stabbing asylum seeker to death in row over £10 drug debt – The Independent
‘A fugitive has been found guilty of stabbing an Afghan asylum seeker to death over a £10 debt nearly six years ago.’
The Independent, 1st August 2023
Source: www.independent.co.uk
Certification Requirements and Conveyancing: Dealing With the Blunt End of the Building Safety Act – Tanfield Chambers
‘Sara Jabbari looks as the certification requirements in the BSA and how it affects conveyancers.’
Tanfield Chambers, 4th July 2023
Source: www.tanfieldchambers.co.uk
UK spy agencies want to relax ‘burdensome’ laws on AI data use – The Guardian
‘The UK intelligence agencies are lobbying the government to weaken surveillance laws they argue place a “burdensome” limit on their ability to train artificial intelligence models with large amounts of personal data.’
The Guardian, 1st August 2023
Source: www.theguardian.com
How not to talk about capacity and mental illness – Doughty Street Chambers
‘A recent High Court appeal – concerning an application made by a litigation friend to be discharged from her position – contains some useful observations on inappropriate submissions and language used by lawyers in cases raising issues of mental illness and capacity.’
Doughty Street Chambers, 19th July 2023
Source: insights.doughtystreet.co.uk
McCulloch and others v Forth Valley Health Board [2023] UKSC 26 – Old Square Chambers
‘What is the correct legal test to be applied to the assessment as to whether an alternative treatment is reasonable and requires to be discussed with the patient?’
Old Square Chambers, 18th July 2023
Source: oldsquare.co.uk
Contempt of court – yet more confusion and inconsistency over naming of guilty party – Transparency Project
‘This case has also revealed inconsistencies within and between a key practice direction and recently updated rules of court, and differences of approach between senior High Court judges. In these circumstances, it seems difficult to expect ordinary mortals to follow and understand the law, the key purpose of which is to prevent criminal penalties (including imprisonment) being imposed against someone in secret. It is particularly difficult because, as we discovered, the relevant rules and practice directions are not at all easy to find.’
Transparency Project, 1st August 2023
Source: transparencyproject.org.uk
The Supreme Court provides authoritative guidance on the application of Article 2 to Coronial investigations and inquests – QMLR
‘The advent of the Human Rights Act 1998, and the incorporation into domestic law of the Article 2 right to life, has transformed coronial investigations and inquests over the last two decades. Lord Bingham’s magisterial creation of the ‘enhanced’ investigation and conclusion in R (Middleton) v West Somerset Coroner [2004] UKHL 10, [2004] 2 AC 182 (later adopted by Parliament) gave coroners greater responsibility to hold the state to account for deaths. That, in turn, has significantly improved the ways in which all inquests are conducted, not just those where Article 2 is found to be engaged. Inquests are no longer haphazard affairs. They are (ordinarily) carefully planned and structured processes; and their participants, the ‘interested persons’, are far more involved in assisting coroners with the task of identifying the proper scope of their investigations and the lawful ambit of their conclusions.’
QMLR, 18th July 2023
Source: 1corqmlr.com
HS2 Euston tunnellers given suspended sentences after retrial – The Guardian
‘Six environmental activists who underwent a retrial over charges related to tunnelling near Euston station in London in protest against HS2 have been sentenced.’
The Guardian, 1st August 2023
Source: www.theguardian.com
Home Office breached statutory duty to ensure provision of adequate accommodation for pregnant asylum seeker and children – Garden Court Chambers
‘The Claimant was a destitute asylum-seeker who was heavily pregnant and the mother of three young children.’
Garden Court Chambers, 31st July 2023
Source: www.gardencourtchambers.co.uk
Solicitors “should get empathy training”, LSB research suggests – Legal Futures
‘Solicitors should get training in “soft skills/empathy” as part of their continuing professional development (CPD), research for the Legal Services Board (LSB) has suggested.’
Legal Futures, 2nd August 2023
Source: www.legalfutures.co.uk
Court of Protection judge hands down ruling on capacity amid “some unhelpful differences of approach to the diagnosis of Learning Disability amongst healthcare professionals” –
‘A Court of Protection judge has determined that a man lacks capacity to make decisions about where he lives, his care, and his use of the internet and social media.’
Local Government Lawyer, 1st August 2023
Source: www.localgovernmentlawyer.co.uk
Product safety laws to be changed to better protect online shoppers – The Guardian
‘The UK’s product safety regime is to be overhauled to provide better protection for the public and make it “fit for the digital age”, ministers have announced.’
The Guardian, 2nd August 2023
Source: www.theguardian.com
Tony Di Bart: The Real Thing singer sentenced for hitting PC – BBC News
‘A chart-topping singer has been handed a community order for hitting a police officer while drunk.’
BBC News, 1st August 2023
Source: www.bbc.co.uk
Court of Appeal: ongoing judicial review can be ‘reasonable excuse’ for late tax payment – OUT-LAW.com
‘The existence of judicial review (JR) proceedings can, in the right circumstances, be a reasonable excuse for non-payment or late payment of UK tax, the Court of Appeal has confirmed.’
OUT-LAW, 1st August 2023
Source: www.pinsentmasons.com
Court delays leave tens of thousands of children in limbo after parents split – The Guardian
‘Tens of thousands of children in England and Wales have been left in limbo by delays in the family court that have meant many waiting over a year for their future to be resolved.’
The Guardian, 1st August 2023
Source: www.theguardian.com
David Lloyd Leisure fined £2.5m over death of three-year-old boy in Leeds – The Guardian
‘One of Britain’s biggest gym and leisure chains has been fined more than £2.5m after a three-year-old boy drowned in one of its swimming pools.’
The Guardian, 1st August 2023
Source: www.theguardian.com
The New Flexible Working Act 2023 – Old Square Chambers
‘Rebecca Tuck KC, Eleena Misra KC and Nadia Motraghi KC (with a contribution from Ijeoma Omambala KC) discuss the new Flexible Working Act 2023 and where we are now?’
Old Square Chambers, 19th July 2023
Source: oldsquare.co.uk
Public Law Newsletter – Spire Barristers
‘Public Law Newsletter July 2023; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’
Spire Barristers, 27th July 2023
Source: www.spirebarristers.co.uk
