Kirsty Hughes: The Bill of Rights and the Precarity of Abortion Rights – UK Constitutional Law Association

Posted July 12th, 2022 in abortion, bills, human rights, news, Northern Ireland by sally

‘In the aftermath of the US Supreme Court ruling in Dobbs v Jackson Women’s Health Organization attention has turned to whether abortion is adequately protected in the UK from the winds of political change. Given that in England, Scotland, and Wales abortion is provided for by ordinary Act of Parliament, and in Northern Ireland by Regulation, an orthodox view of the constitution indicates that it is not. In response to Dobbs it has been suggested that the pending Bill of Rights should be amended to provide for a right to abortion. That proposal was swiftly rejected by Dominic Raab on the basis that abortion is settled in UK law – a view that is somewhat contradicted by ongoing difficulties in respect of abortion in Northern Ireland.’

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UK Constitutional Law Association, 11th July 2022

Source: ukconstitutionallaw.org

Judicial review of government handling of pension scheme gets green light – Local Government Lawyer

‘Permission has been granted to the Fire Brigades Union (and others) to challenge the Government’s reduction in the value of new pension schemes for firefighters.’

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Local Government Lawyer, 8th July 2022

Source: www.localgovernmentlawyer.co.uk

Deprivations of liberty of 16-17 year olds and the streamline procedure – Local Government Lawyer

‘How should the Court of Protection approach applications to authorise the deprivation of liberty of a 16 or 17 year old? And when is the streamlined procedure appropriate? Alex Ruck Keene looks at the current position.’

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Local Government Lawyer, 8th July 2022

Source: www.localgovernmentlawyer.co.uk

BSB to abolish the Bar Course Aptitude Test from 31 July – Bar Standards Board

Posted July 12th, 2022 in barristers, examinations, legal education, news by sally

‘Following the Legal Services Board’s approval of the Bar Standards Board’s application to change its rules, the BSB will abolish the requirement that students should pass the Bar Course Aptitude Test (BCAT) before starting vocational training with effect from 31 July.’

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Bar Standards Board, 11th July 2022

Source: www.barstandardsboard.org.uk

News focus: Divorcing couples are increasingly seeking joint representation – Law Society’s Gazette

Posted July 12th, 2022 in divorce, legal representation, legal services, news, solicitors by sally

‘Separating couples are increasingly asking to be represented by the same solicitor. Those involved believe this “one lawyer” service could be the future – and not just for family law.’

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Law Society's Gazette, 11th July 2022

Source: www.lawgazette.co.uk

Court of Appeal rejects defendant’s fixed costs challenge – Law Society’s Gazette

Posted July 12th, 2022 in civil procedure rules, costs, news, part 36 offers by sally

‘Fixed costs did not apply to a personal injury case which had fallen out of the protocol, the Court of Appeal has asserted. In Doyle v M&D Foundations & Building Services Ltd, Lord Justice Phillips ruled that there was no ambiguity in an agreed court order requiring the defendant to pay costs that were “subject of detailed assessment if not agreed.” ‘

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Law Society's Gazette, 11th July 2022

Source: www.lawgazette.co.uk

Woman who gave birth in Jamaica stranded after baby refused entry to UK – The Guardian

Posted July 12th, 2022 in children, government departments, immigration, Jamaica, news, pregnancy by sally

‘A British resident who is stranded in Jamaica with her baby has been told by the Home Office the child cannot come to the UK because he has an “established life” on the Caribbean island.’

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The Guardian, 11th July 2022

Source: www.theguardian.com

Lambeth: £22m in low-traffic fines an abuse of power, say campaigners – BBC News

Posted July 12th, 2022 in fines, local government, London, news, road traffic by sally

‘A London council has been accused of an “abuse of power” by campaigners after it issued almost £22m in low-traffic neighbourhood (LTN) fines in a year.’

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BBC News, 11th July 2022

Source: www.bbc.co.uk

Ava White: Boy who killed girl, 12, in Snapchat row gets life – BBC News

Posted July 12th, 2022 in children, murder, news, offensive weapons, sentencing, young offenders by sally

‘A 15-year-old boy who stabbed a schoolgirl to death after a row over a Snapchat video has been sentenced for her murder.’

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BBC News, 11th July 2022

Source: www.bbc.co.uk

Data watchdog reprimands government over pandemic WhatsApp use – BBC News

‘The Department of Health has been reprimanded over ministers’ and officials’ use of messaging apps and private email during the pandemic.’

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BBC News, 11th July 2022

Source: www.bbc.co.uk

Another blow to Home Office as Rwanda asylum seekers not tagged on release from detention – The Independent

Posted July 12th, 2022 in asylum, bail, detention, electronic monitoring, news by sally

‘Ministers accused of piloting “unworkable” tagging policy on basis of “cruel and unnecessary political posturing.”‘

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The Independent, 11th July 2022

Source: www.independent.co.uk

Campaigners take legal action over failings of England’s food strategy – The Guardian

Posted July 12th, 2022 in climate change, food, government departments, judicial review, news by sally

‘Food campaigners are taking legal action against the government for failing to support the transition to a low-carbon diet by encouraging people to eat less meat.’

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The Guardian, 11th July 2022

Source: www.theguardian.com

MPs approve controversial plans to let agency workers cover for striking staff – The Guardian

Posted July 12th, 2022 in casual workers, industrial action, news, trade unions by sally

‘Ministers have approved controversial plans to allow agency workers to replace striking workers, voting through the regulations on Monday night by 289 votes to 202.’

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The Guardian, 12th July 2022

Source: www.theguardian.com

SAS reports reveal troubling pattern of suspicious deaths in Afghanistan – BBC News

Posted July 12th, 2022 in Afghanistan, armed forces, BBC, detention, news, unlawful killing by sally

‘SAS operatives in Afghanistan repeatedly killed detainees and unarmed men in suspicious circumstances, according to a BBC investigation.’

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BBC News, 12th July 2022

Source: www.bbc.co.uk

How far does an interim valuation adjudication bind determination of the final account? – Practical Law: Construction Blog

Posted July 11th, 2022 in construction industry, dispute resolution, news, precedent by sally

‘I was lucky enough to be asked to give a recent case law update lecture for the Adjudication Society. At the end one of the delegates asked a very sensible question, namely to what extent do matters decided by an adjudicator concerning an interim valuation bind later valuations. It’s an issue that I’ve been asked about before, and it’s also one of those that can promote polarising debate, with some extreme positions taken.’

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Practical Law: Construction Blog, 5th July 2022

Source: constructionblog.practicallaw.com

What the Princess of Pop teaches us about Capacity – Belinda Cheney – UK Human Rights Blog

Posted July 11th, 2022 in Court of Protection, deputyship, human rights, mental health, news by sally

‘I was gripped by the Britney Spears saga. This phenomenally successful pop star was deemed to lack capacity in relation to most aspects of her life and finances for more than 13 years allowing her father full control over her considerable fortune and her person and critically, she was unable to object until the “Free Britney” movement highlighted the rampant injustice of the situation. Only then was she was permitted to appoint her own lawyer and “freed”. In this we consider briefly the similarities and differences between the US conservatorship and the UK deputyship.’

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UK Human Rights Blog, 7th July 2022

Source: ukhumanrightsblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted July 11th, 2022 in legislation by sally

SI 2022/754 – The Taxation of Chargeable Gains (Gilt-edged Securities) Order 2022

SI 2022/752 – The Universal Credit (Transitional Provisions) Amendment Regulations 2022

SI 2022/718 – The Building (Approved Inspectors etc.) (Amendment) (England) Regulations 2022

SI 2022/769 – The Local Authority and Combined Authority Elections (Nomination of Candidates) (Amendment) (England) Regulations 2022

SI 2022/766 – The Public Procurement (International Trade Agreements) (Amendment) Regulations 2022

SI 2022/765 – The Rural Development (Amendment) (England) Regulations 2022

SI 2022/753 – The Safety of Sports Grounds (Designation) (Amendment) (England) (No. 2) Order 2022

SI 2022/762 – The Statutory Auditors and Third Country Auditors (Amendment) Regulations 2022

SI 2022/773 – The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 27) Order 2022

SI 2022/771 – The Seal Products (Amendment) Regulations 2022

SI 2022/770 – The Corporate Interest Restriction (Electronic Communications) Regulations 2022

SI 2022/737 – The Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Regulations 2022

SI 2022/772 – The Warm Home Discount (England and Wales) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 11th, 2022 in law reports by sally

Supreme Court

Basfar v Wong [2022] UKSC 20 (06 July 2022)

Court of Appeal (Civil Division)

Doyle v M&D Foundations & Building Services Ltd [2022] EWCA Civ 927 (08 July 2022)

Municipio De Mariana & Ors v BHP Group (UK) Ltd & Anor [2022] EWCA Civ 951 (08 July 2022)

Barts Health NHS Trust v Dance & Ors (Re Archie Battersbee) [2022] EWCA Civ 935 (06 July 2022)

Candey Ltd v Tonstate Group Ltd & Ors [2022] EWCA Civ 936 (06 July 2022)

CV (A Child) (Placement Order) (Rev1) [2022] EWCA Civ 930 (06 July 2022)

Court of Appeal (Criminal Division)

APJ, R. v [2022] EWCA Crim 942 (07 July 2022)

Bhatt, R. v [2022] EWCA Crim 926 (07 July 2022)

AHC, R. v [2022] EWCA Crim 925 (05 July 2022)

BWM, R. v [2022] EWCA Crim 924 (05 July 2022)

AGM, R. v [2022] EWCA Crim 920 (05 July 2022)

High Court (Administrative Court)

SO, R (On the Application Of) v Thanet District Council [2022] EWHC 1731 (Admin) (08 July 2022)

FA Gill Ltd & Ors, R (On the Application Of) v Food Standards Agency [2022] EWHC 1709 (Admin) (07 July 2022)

TV Harrison CIC v Leeds City Council [2022] EWHC 1675 (Admin) (06 July 2022)

Durojaiye, R (On the Application Of) v Crown Court at Croydon [2022] EWHC 1736 (Admin) (06 July 2022)

Lu v Solicitors Regulation Authority [2022] EWHC 1729 (Admin) (06 July 2022)

Newby Foods Ltd, R (On the Application Of) v Food Standards Agency [2022] EWHC 1505 (Admin) (05 July 2022)

City of Wolverhampton Council & Ors, R (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 1721 (Admin) (05 July 2022)

Kellogg Marketing And Sales Company (UK) Ltd & Anor, R (On the Application Of) v Secretary of State for Health And Social Care [2022] EWHC 1710 (Admin) (04 July 2022)

High Court (Chancery Division)

James Cropper PLC & Anor v Aviva Life and Pensions UK Ltd [2022] EWHC 1689 (Ch) (08 July 2022)

Patel v Mann & Anor [2022] EWHC 1747 (Ch) (08 July 2022)

Consilient Health Ltd v Gedeon Richter PLC [2022] EWHC 1744 (Ch) (07 July 2022)

O’Connell & Ors v LPE Support Ltd [2022] EWHC 1672 (Ch) (07 July 2022)

Plymouth City Council v ABC [2022] EWHC 1670 (Ch) (06 July 2022)

Allianz Global Investors GmbH & Ors v G4S Plc [2022] EWHC 1719 (Ch) (05 July 2022)

Societe des Produits Nestle SA v Cadbury UK Ltd [2022] EWHC 1671 (Ch) (05 July 2022)

Williams v Williams & Ors [2022] EWHC 1717 (Ch) (04 July 2022)

Rushbrooke UK Ltd v 4 Designs Concept Ltd [2022] EWHC 1687 (Ch) (04 July 2022)

High Court (Family Division)

Ahmed v Khan [2022] EWHC 1748 (Fam) (07 July 2022)

S (A Child) (Jurisdiction) [2022] EWHC 1720 (Fam) (04 July 2022)

High Court (Patents Court)

JC Bamford Excavators Ltd v Manitou UK Ltd & Anor [2022] EWHC 1724 (Pat) (04 July 2022)

High Court (Queen’s Bench Division)

The Duke of Sussex v Associated Newspapers Ltd [2022] EWHC 1755 (QB) (08 July 2022)

Soriano v Societe D’exploitation De L’hebdomadaire Le Point SA & Anor [2022] EWHC 1763 (QB) (08 July 2022)

Kerseviciene v Quadri & Anor (Costs) [2022] EWHC 1757 (QB) (07 July 2022)

Essex Police v Adeniji & Anor [2022] EWHC 1725 (QB) (05 July 2022)

Source: www.bailii.org

“No claim is unmanageable”: Court of Appeal reinstates huge group action – Legal Futures

Posted July 11th, 2022 in appeals, class actions, damages, foreign jurisdictions, news, pollution by sally

‘The Court of Appeal has reinstated a £5bn claim that a High Court judge struck out because it risked becoming “the largest white elephant in the history of group actions”.’

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Legal Futures, 11th July 2022

Source: www.legalfutures.co.uk

PI costs ruling could have “significant” impact on settled cases – Legal Futures

Posted July 11th, 2022 in appeals, barristers, compensation, costs, news, part 36 offers, personal injuries by sally

‘A Court of Appeal ruling that the wording of a settlement of a personal injury claim supplanted fixed costs could have “significant” implications, including for cases that have already settled, a leading costs barrister has warned.’

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Legal Futures, 11th July 2022

Source: www.legalfutures.co.uk