UK government avoids ‘self-inflicted wound’ by abandoning Bill of Rights Bill – OUT-LAW.com

Posted July 7th, 2023 in bills, government departments, human rights, news by sally

‘The UK government’s decision to abandon its plan for sweeping reforms to human rights legislation comes as no surprise, according to one legal expert.’

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OUT-LAW.com, 6th July 2023

Source: www.pinsentmasons.com

Philip Murray: Reconsidering Ouster Clauses: The High Court’s Decision in Oceana – UK Constitutional Law Association

Posted July 7th, 2023 in constitutional law, news, parliament, rule of law by sally

‘To many, ouster clauses represent a conflict between, on the one hand, the will of a sovereign Parliament and, on the other, the rule of law’s demands that public bodies act within the limits of their powers. The common law has traditionally sought to interpret ouster clauses restrictively, employing reasoning articulated classically (but far from the first time) in Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147 and continued more recently in R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22. That reasoning provides that ouster clauses do not apply where a public body has acted outside its jurisdiction: the “decision”, “determination”, etc (in the language of the clause) is null and void, such that there is nothing in law to which the clause might attach. The courts are thus able to safeguard the supervisory jurisdiction of the High Court while still claiming to pay due respect to Parliament’s decrees.’

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UK Constitutional Law Association, 5th July 2023

Source: ukconstitutionallaw.org

New Act – legislation.gov.uk

Posted July 7th, 2023 in housing, legislation by sally

2023 c. 26 – Supported Housing (Regulatory Oversight) Act 2023

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 7th, 2023 in legislation by sally

SI 2023/758 – The Administration of Estates Act 1925 (Fixed Net Sum) Order 2023

SI 2023/752 – The Taxes (Base Erosion and Profit Shifting) (Country-by-Country Reporting) (Amendment) Regulations 2023

SI 2023/751 – The Social Security (Contributions) (Amendment No. 4) Regulations 2023

SI 2023/747 – The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2023

SI 2023/764 – The Cosmetic Products (Restriction of Chemical Substances) Regulations 2023

SI 2023/760 – The Road Vehicles (Authorised Weight) (Amendment) Regulations 2023

SI 2023/759 – The Divorce, Dissolution and Separation Act 2020 (Consequential Amendments) Regulations 2023

SI 2023/755 – The Safety of Sports Grounds (Designation) (Amendment) (England) (No. 3) Order 2023

SI 2023/739 – The Drivers’ Hours and Tachographs (Amendment) Regulations 2023

SI 2023/767 – The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2023

SI 2023/766 – The Judicial Pensions (Remediable Service etc.) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 7th, 2023 in law reports by sally

Supreme Court

W80, R. (on the application of Officer) v Director General of the Independent Office for Police Conduct & Ors [2023] UKSC 24 (05 July 2023)

Court of Appeal (Civil Division)

G & H (Leave To Revoke Placement Order) [2023] EWCA Civ 768 (06 July 2023)

Court of Appeal (Criminal Division)

WJ, R. v [2023] EWCA Crim 789 (06 July 2023)

High Court (Administrative Court)

Cabinet Office, R (On the Application Of) v Chair of the UK COVID-19 Inquiry [2023] EWHC 1702 (Admin) (06 July 2023)

Tattersall, R (On the Application Of) v NHS England [2023] EWHC 1677 (Admin) (05 July 2023)

Chilldara Group Holdings Ltd v West Northamptonshire Council [2023] EWHC 1675 (Admin) (05 July 2023)

High Court (Chancery Division)

Ramji v Harvey & Ors [2023] EWHC 1664 (Ch) (06 July 2023)

Prezzo Investco Ltd, In the Matter of (Re Companies Act 2006) [2023] EWHC 1679 (Ch) (05 July 2023)

High Court (Commercial Court)

KVB Consultants Ltd & Ors v Jacob Hopkins McKenzie Ltd & Ors [2023] EWHC 1686 (Comm) (06 July 2023)

Smart Gain Shipping Co. Ltd v Langlois Enterprises Ltd [2023] EWHC 1683 (Comm) (05 July 2023)

High Court (Family Division)

Z v Z [2023] EWHC 1673 (Fam) (05 July 2023)

High Court (King’s Bench Division)

Hine Solicitors Ltd v Jones & Anor [2023] EWHC 1708 (KB) (06 July 2023)

Bekoe v Mayor and Burgesses of the London Borough of Islington [2023] EWHC 1668 (KB) (05 July 2023)

FLR v Chandran [2023] EWHC 1671 (KB) (05 July 2023)

Source: www.bailii.org

“AI won’t replace lawyers – so long as they embrace it,” says top City firm – Legal Futures

‘Generative artificial intelligence (AI) will not replace lawyers, but lawyers who use it will replace those who do not, the head of lawtech at a leading City law firm has predicted.’

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Legal Futures, 6th July 2023

Source: www.legalfutures.co.uk

Research Briefing: Alcohol licensing: how to object to a licence – House of Commons Library

‘This Briefing looks at how people can object to alcohol licences in England and Wales.’

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House of Commons Library , 4th July 2023

Source: commonslibrary.parliament.uk

Research Briefing: Advertising to children – House of Commons Library

Posted July 7th, 2023 in advertising, bills, children, codes of practice, news, parliament by sally

‘This Commons briefing paper looks at the current advertising regulatory system in the UK, with specific reference to advertising to children.’

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House of Commons Library , 4th July 2023

Source: commonslibrary.parliament.uk

More visible policing and swifter consequences for antisocial behaviour – Home Office

Posted July 7th, 2023 in anti-social behaviour, government departments, news, police by sally

‘Communities across England and Wales will see more police patrolling antisocial behaviour hotspots and perpetrators will face tougher, swifter consequences.’

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Home Office, 6th July 2023

Source: www.gov.uk

Adoption of babies – ss 19 and 20 consent and Re A, B, and C – Family Law

Posted July 7th, 2023 in adoption, children, families, news by sally

‘The making of an adoption order changes a child’s family law status and legal identity forever, and only in the most exceptional circumstances is an adoption order ever revoked; most likely, if at all, as a result of serious procedural unfairness or irregularity, or misrepresentation. It is a well-established legal principle that, therefore, all “realistic” options need to be explored before adoption is endorsed as a child’s care plan. That is no different when it comes to the voluntary relinquishment of a child for adoption, by both parents, or more likely, by one parent, the mother.’

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Family Law, 6th July 2023

Source: www.familylaw.co.uk

Profiting from children subject to state care: Is business involvement a sustainable investment? – Family Law

Posted July 7th, 2023 in care homes, children, human rights, news by sally

‘Worldwide, private companies and investors are increasingly involved in the delivery of essential public services social and elderly care. In the UK, this manifests prominently in the private children’s home sector. As we highlight in this piece, the care of some of our society’s most vulnerable children, namely those subject to care and, often, accompanying Deprivation of Liberty Orders, has become a lucrative source of revenue for corporations and investors. Yet a growing body of evidence highlights the negative consequences for human rights of this trend.’

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Family Law, 6th July 2023

Source: www.familylaw.co.uk

COVID-19 fraudster sentenced for laundering nearly £200k from taxpayers – Crown Prosecution Service

‘A fraudster who sought to exploit the taxpayer through a COVID-19 support scheme has been sentenced today (3 July 2023).’

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Crown Prosecution Service, 3rd July 2023

Source: www.cps.gov.uk

Independence and the public interest: the role of a legal services regulator – Bar Standards Board

Posted July 7th, 2023 in barristers, legal services, news, public interest by sally

‘Independence and the public interest: the role of a legal services regulator. Talk by Mark Neale, Director General, Bar Standards Board – 3 July 2023.’

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Bar Standards Board, 4th July 2023

Source: www.barstandardsboard.org.uk

Supreme Court backs civil law test for police disciplinary proceedings – Law Society’s Gazette

‘The Supreme Court has ruled that the civil law test should be applied in police disciplinary proceedings and that public confidence is better served in doing so.’

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Law Society's Gazette, 5th July 2023

Source: www.lawgazette.co.uk

Appeal allowed despite ‘disastrously handled’ litigation – Law Society’s Gazette

Posted July 7th, 2023 in appeals, child support, children, costs, dispute resolution, families, news by sally

‘A High Court judge has “with a very heavy heart” allowed an appeal while making clear his dismay at the conduct of the successful party.’

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Law Society’s Gazette, 6th July 2023

Source: www.lawgazette.co.uk

Stephen Lawrence’s mother says decision not to charge police over murder inquiry ‘disgraceful’ – The Independent

‘Stephen Lawrence’s mother says a decision not to charge four retired officers over their handling of the original murder investigation has caused her immense distress and she will challenge it.’

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The Independent, 6th July 2023

Source: www.independent.co.uk

UK’s largest pub firm guilty of health and safety breach over student’s death – The Guardian

Posted July 7th, 2023 in accidents, bereavement, fines, health & safety, licensed premises, news by sally

‘The UK’s largest pub company has been found guilty of breaching health and safety law after the “senseless and avoidable” death of a first-year university student who was queuing to get into a busy venue.’

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The Guardian, 6th July 2023

Source: www.theguardian.com

Court orders ministers to hand Boris Johnson’s WhatsApps to Covid inquiry – The Guardian

‘Ministers have been ordered to hand over an unredacted cache of documents including Boris Johnson’s WhatsApp messages, notebooks and diaries to the Covid inquiry after losing a legal challenge.’

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The Guardian, 6th July 2023

Source: www.theguardian.com

Interest rate ‘rigger’ wins right to appeal in UK – BBC News

‘The first trader tried and jailed for “rigging” interest rates, Tom Hayes, has won the right to appeal his case after a six-year battle. Mr Hayes, who was sentenced to 11 years in jail in 2015, has been seeking a referral since 2017. He will now have his case referred back to the Court of Appeal.’

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BBC News, 7th July 2023

Source: www.bbc.co.uk

High Court begins hearing judicial review against Home Office and London borough over support for child trafficking victims – Local Government Lawyer

‘The High Court is this week (4-5 July) hearing a judicial review challenge brought by a child trafficking victim who contends he was not given any specialist support for his trafficking-related needs from the Home Office and his local authority for several years.’

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Local Government Lawyer, 5th July 2023

Source: www.localgovernmentlawyer.co.uk