‘England’s Environment Agency has downgraded 93% of prosecutions for serious pollution over four years, despite recommendations from frontline staff for the perpetrators to face the highest sanction, a leaked report seen by the Guardian reveals.’
The Guardian, 2nd March 2022
Source: www.theguardian.com
‘Thirty five years after Gillick v West Norfolk and Wisbech AHA (Gillick) was decided, the Supreme Court took the opportunity, in R (A) v Secretary of State for the Home Department (A) and R (BF (Eritrea)) v Secretary of State for the Home Department(BF), (previously discussed in this blog here), to restate the boundaries of the test for the lawfulness of policies published by public bodies, and to identify as erroneous cases which had relied on “other principles” (A at [54]). Lords Sales and Burnett, giving the leading judgment in both cases, drew a distinction between policies which can be regarded as “sanctioning” (by statement or omission), and those which are simply capable of “leading” to, unlawful decision-making. They summarised the Gillick test as follows: “Does the policy in question authorise or approve unlawful conduct by those to whom it is directed?” (A at [38]) (referred to here as the “authorisation/ approval test”). Distinct formulations of the lawfulness test relied on in previous cases, which turn on whether a given policy can be regarded as “leading” to an “unacceptable risk” of unlawful decision-making (referred to here as the “unacceptable risk test”), were incorrect to the extent that they constituted a departure from Gillick (A at [75]).’
UK Constitutional Law Association, 28th February 2022
Source: ukconstitutionallaw.org
‘After more than a decade of “phoney war” over the UK’s Human Rights Act, this administration now seems determined to follow through with its threat to “overhaul” the landmark legislation. Against that backdrop, we break down here what the HRA is and how it protects us all, as well as outlining the government’s planned changes.’
Each Other, 28th February 2022
Source: eachother.org.uk
‘Two traders jailed for rigging interest rates were the original whistleblowers of the scandal, the BBC has learned.’
BBC News, 1st March 2022
Source: www.bbc.co.uk
‘New rules to help the courts trace cryptoassets overseas are being drawn up to deal with the increasing volume of litigation in this area, the master of the rolls revealed yesterday. “In the world of crypto fraud, there are no national barriers and unlawfully obtained cryptoassets can be difficult to trace,” Sir Geoffrey Vos told an audience of lawtech specialists in London.’
Law Society's Gazette, 25th February 2022
Source: www.lawgazette.co.uk
‘Law firms and PR outfits working to stop Russian oligarchs from being hit by UK sanctions could themselves be targeted by financial curbs, No 10 has suggested, as it warned them to “think very carefully” before propping up those allied to Vladimir Putin’s regime.’
The Guardian, 28th February 2022
Source: www.theguardian.com
‘The Divorce, Dissolution and Separation Act 2020 simplifies the divorce and civil partnership dissolution process by changing the law to make irretrievable breakdown – as now – the only ground for divorce or dissolution. But to prove that, there was no longer any need to establish one or more facts: adultery (marriage only), unreasonable behaviour or living apart for varying periods. One, or both, parties can file a statement of irretrievable breakdown. The procedure for this is likely – no commencement date has been confirmed – to be in force from 6 April 2022. All so far so civilised.’
UK Human Rights Blog, February 2022
Source: ukhumanrightsblog.com
‘A 19-year-old man who stabbed a father 21 times has been convicted of murder and jailed for life.’
BBC News, 28th February 2022
Source: www.bbc.co.uk
‘A subcontractor has been jailed for 18 months for submitting bogus invoices worth £36,000 to a company building sets at a Welsh TV and film studio.’
The Independent, 28th February 2022
Source: www.independent.co.uk
‘The family of Sasha Johnson have vowed to get justice after the case against four men accused over the shooting that left her seriously injured collapsed last week.’
The Guardian, 28th February 2022
Source: www.theguardian.com
‘In this blog Cressida Mawdesley-Thomas considers the decision of the High Court in HM Senior Coroner for West Sussex v Chief Constable of Sussex Police & Ors [2022] EWHC.’
Inquests and Inquiries Law Blog, 24th February 2022
Source: inquestsandinquirieslawblog.com
‘A mother who starved her daughter to death has been jailed for nine years and seven months.’
BBC News, 25th February 2022
Source: www.bbc.co.uk
‘Boris Johnson’s nationality and borders bill has suffered four defeats in the House of Lords, including the removal of a crucial plank of the government’s immigration strategy that would have criminalised refugees who arrive in the UK through an irregular route.’
The Guardian, 28th February 2022
Source: www.theguardian.com
‘A jealous mother has been jailed for three years for running over a love rival who had been made pregnant by the father of her child.’
The Independent, 28th February 2022
Source: www.independent.co.uk
‘Judicial review judgments possess multi-layered value. For the parties to a case, they are an authoritative record of the outcome of a legal dispute, providing reasons for that outcome. For lawyers and judges, they support the provision of advice about the law and become legal authorities that can be used to argue and resolve future disputes. As a part of the wider constitutional system, they bring a degree of transparency to the judicial process. For researchers, they form part of the primary materials that can be subjected to different methodologies that seek to advance the understanding and analysis of public law in the courts.’
UK Constitutional Law Association, 25th February 2022
Source: ukconstitutionallaw.org
‘Family law specialists need a better understanding of the impact of the menopause on clients – and female lawyers too – according to the solicitor launching a project to highlight the issue.’
Legal Futures, 28th February 2022
Source: www.legalfutures.co.uk
‘Hundreds of suicides a year could be linked to abuse at home. Experts want to collect better data to bring about real change.’
The Guardian, 27th February 2022
Source: www.theguardian.com
‘The Greater Manchester Coalition of Disabled People (GMCDP) and non-profit legal group Foxglove have sent the Department for Work & Pensions (DWP) a letter before action over its use of a computer algorithm when deciding on who should be investigated for fraud.’
Local Government Lawyer, 23rd February 2022
Source: www.localgovernmentlawyer.co.uk
‘A garage worker from Eastbourne has pleaded guilty to the “sadistic” murder of the schoolteacher Sabina Nessa in London last September.’
The Guardian, 25th February 2022
Source: www.theguardian.com
‘In this post, Jessica Eaton, an associate in the litigation team at CMS, comments on the Supreme Court’s decision in the Bloomberg LP v ZXC [2022] UKSC 5, case which cojeet_lthumbncerned the right to privacy in the context of a criminal investigation.’
UKSC Blog, 25th February 2022
Source: ukscblog.com
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