What is ‘reasonable notice’? – 3 Hare Court

Posted July 10th, 2023 in chambers articles, contracts, news, notification by sally

‘In the absence of a formal written agreement, how will the courts determine “reasonable notice” for termination? Anna Lancy & Robert Strang consider the key factors in this New Law Journal article.’

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3 Hare Court, 12th June 2023

Source: www.3harecourt.com

Case Note on the Supreme Court case of R (Maguire) v The Coroner for Blackpool & Fylde [2023] UKSC 20 – 2 Hare Court

‘The long running case of Maguire has finally been concluded in a Supreme Court judgment handed down last week. The bottom line is and remains that the threshold for Article 2 remains high in cases involving health and social care. The case is particularly helpful for its detailed and comprehensive analysis of the authorities and the relevant legal principles in relation to the application of Article 2 and is a must read for those practising in the coronial area.’

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2 Hare Court, 30th June 2023

Source: www.2harecourt.com

New Judgment: R (on the application of Officer W80) v Director General of the Independent Office for Police Conduct and others [2023] UKSC 24 – UKSC Blog

‘W80, an armed police officer, shot Jermaine Baker dead in a police operation. Mr Baker was implicated in a plot to snatch two individuals from custody. The police had intelligence that the plotters would be in possession of firearms. W80’s account was that during the intervention, Mr Baker’s hands moved quickly up to a shoulder bag on his chest. Fearing for his life and those of his colleagues, W80 fired one shot. No firearm was found in the bag, but an imitation firearm was in the rear of the car.’

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UKSC Blog, 5th July 2023

Source: ukscblog.com

NHS trust brings judicial review against three councils in bid to secure £1.8m in developer contributions – Local Government Lawyer

Posted July 10th, 2023 in budgets, hospitals, housing, judicial review, local government, news, planning by sally

‘The High Court is set to hear a challenge from Worcestershire Acute Hospitals NHS Trust over a decision by three local councils to refuse its request for developer contributions towards healthcare service provision before approving a 2,200-dwelling development.’

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Local Government Lawyer, 7th July 2023

Source: www.localgovernmentlawyer.co.uk

Met Police: Doreen Lawrence concerned about pace of reform – BBC News

‘The mother of Stephen Lawrence says she is “profoundly concerned” about the slow pace of reforms in the Met Police.’

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BBC News, 10th July 2023

Source: www.bbc.co.uk

Operating CCTV lawfully – Local Government Lawyer

‘A county court judge has ruled that Islington Council’s operated its CCTV system lawfully. Sam Fowles explains why.’

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Local Government Lawyer, 7th July 2023

Source: www.localgovernmentlawyer.co.uk

Housing case law update: June 2023 – Local Government Lawyer

‘Catherine Craven and Jane Goodier round up the latest housing law cases and court decisions of interest to housing associations and local authorities.’

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Local Government Lawyer, 7th July 2023

Source: www.localgovernmentlawyer.co.uk

Landmark Sizewell C ruling instructive for projects of all shapes and sizes – OUT-LAW.com

‘The High Court’s ruling that the UK government’s approval of the proposed Sizewell C nuclear power plant was lawful contains valuable reminders on how projects of all shapes and sizes should approach environmental assessments.’

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OUT-LAW.com, 6th July 2023

Source: www.pinsentmasons.com

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

“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