Environment Agency told to protect wetlands in landmark court case – The Guardian

‘The high court has ordered the Environment Agency to reduce water abstraction and protect England’s rare wetland habitats, in a landmark case that confirms that European nature conservation laws remain enforceable despite Britain having left the EU.’

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The Guardian, 7th September 2022

Source: www.theguardian.com

Should billboard advertising be banned? – BBC News

Posted September 8th, 2022 in advertising, environmental protection, health, local government, news by sally

‘Campaigner Charlotte Gage says that the outdoor adverts you see on billboards and bus stops should all be removed.”

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BBC News, 8th September 2022

Source: www.bbc.co.uk

Joint Enterprise Bill Passes First Hearing – Each Other

Posted September 8th, 2022 in appeals, bills, joint enterprise, news, remand by sally

‘On 6 September a Private Members’ Bill calling for fairer appeal processes passed its first reading in the House of Commons. The Criminal Appeal (Amendment) Bill or ‘Joint Enterprise’ Bill, calls for a fairer appeals process for those who remain detained on remand and convicted by joint enterprise will now progress to a second reading later this year. The landmark Bill will help those detained by joint enterprise to invoke their right to a fair trial, which is enshrined in the Human Rights Act (HRA).’

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Each Other, 7th September 2022

Source: eachother.org.uk

Man pleads guilty to murder of Canadian teenager in Essex – The Guardian

Posted September 8th, 2022 in guilty pleas, internet, murder, news by sally

‘A man has admitted killing a Canadian teenager he had met on a dating app.’

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The Guardian, 7th September 2022

Source: www.theguardian.com

Domestic abuse: Forensic marker spray helps victims rebuild lives – BBC News

Posted September 8th, 2022 in domestic violence, forensic science, news, police, victims by sally

‘A domestic abuse victim is slowly rebuilding her life thanks in part to a forensic marker spray she has been given by West Yorkshire Police. The gadget is to be used if her abuser shows up, and other police forces are under growing pressure to adopt similar measures.’

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BBC News, 8th September 2022

Source: www.bbc.co.uk

Raab’s human rights reform shelved – Law Society’s Gazette

Posted September 8th, 2022 in bills, human rights, news by sally

‘Dominic Raab’s hopes of making reform of the Human Rights Act the legacy of his period as lord chancellor have been been dashed, according to news reports this afternoon. The Bill of Rights Bill has been shelved while the government reviews “the most effective means to deliver objectives through our legislative agenda”, a source told the BBC’s political editor.’

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Law Society's Gazette, 7th September 2022

Source: www.lawgazette.co.uk

Truss risks fresh row with EU over workers’ rights, say legal experts – The Guardian

Posted September 7th, 2022 in brexit, EC law, employment, news, trade unions by sally

‘Liz Truss risks igniting another row with the EU which could lead to tariffs on British exports if she tries to dilute workers’ rights too much, legal experts and union leaders have said.’

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The Guardian, 6th September 2022

Source: www.theguardian.com

Joshua Jowitt: Some Thoughts on the Animal Welfare (Sentience) Act 2022 – UK Constitutional Law Association

Posted September 7th, 2022 in animal cruelty, animals, constitutional law, news by sally

‘The Animal Welfare (Sentience) Act 2022 is a short piece of legislation of only six sections. The main purpose of the Act is the creation of a new Animal Sentience Committee (s.1; hereafter “ASC”). Comprised of independent, non-partisan experts from a range of relevant fields, their role is to scrutinise the extent to which the formulation or implementation of government policy has paid “due regard to the ways in which the policy might have an adverse effect on the welfare of animals as sentient beings” (s.2(2)). Although the actual impact of the Act is as yet uncertain – to be expected given that, at the time of writing, the membership of the ASC has yet to be formally announced by the Department for Environment, Food and Rural Affairs – I hope that this post will show why the future operation of the ASC is not only of interest to Animal Lawyers, but to Public Lawyers more broadly.’

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Constitutional Law Association, 7th September 2022

Source: ukconstitutionallaw.org

Justice system ‘put at risk’ by Ministry of Justice’s data-sharing project – Daily Telegraph

‘UK courts’ software system is accused of unlawful detentions and wrongful arrests, and whistle-blowers say the system is faulty and unsafe.’

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Daily Telegraph, 7th September 2022

Source: www.telegraph.co.uk

Government facing judicial review amid claims it ignored Examining Authority advice before green lighting nuclear power plant development – Local Government Lawyer

Posted September 7th, 2022 in energy, government departments, judicial review, news, nuclear power, planning by sally

‘A campaign group has issued legal proceedings against the Government challenging its decision to allow the Sizewell C Nuclear Power Station to go ahead against the advice of the planning Examining Authority (EA).’

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Local Government Lawyer, 6th September 2022

Source: www.localgovernmentlawyer.co.uk

Man, 90, not guilty of attempting to murder wife- BBC News

Posted September 7th, 2022 in attempted murder, married persons, news, wounding by sally

A 90-year-old man has been found not guilty of trying to murder his unwell wife, after she woke him up one night.

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BBC News, 6th September 2022

Source: www.bbc.co.uk

Camelot drops UK national lottery legal challenge – The Guardian

Posted September 7th, 2022 in appeals, gambling, licensing, news by sally

‘Camelot has dropped its appeal against a legal ruling over the handover of its licence to operate the UK’s national lottery to its rival Allwyn.’

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The Guardian, 6th September 2022

Source: www.theguardian.com

Stuart Wallace: Human Rights Claims and Overseas Military Operations: Will Clause 14 of the Bill of Rights Bill Really Limit Victims’ Access to British Courts? – UK Constitutional Law Association

Posted September 6th, 2022 in armed forces, bills, international relations, news, treaties, victims by sally

‘Clause 14 of the Bill of Rights Bill, currently progressing through the UK parliament, introduces a total ban on individuals bringing a human rights claim, or relying on a Convention right, in relation to overseas military operations. As I have argued elsewhere, this is a retrograde development in the law. Thankfully, the clause may never enter into force. This is because under clause 39(3) of the Bill the Secretary of State may only bring clause 14 into force if the Secretary of State “is satisfied (whether on the basis of provision contained in an Act passed after this Act or otherwise) that doing so is consistent with the United Kingdom’s obligations under the Convention”. There is an implicit recognition here that, in its current form, implementing clause 14 would not be compatible with the UK’s ECHR obligations and that it would need something else to happen to make it compatible. There are three possible options here.’

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UK Constitutional Law Association, 6th September 2022

Source: ukconstitutionallaw.org

Liz Truss: The New Prime Minister’s Human Rights Record – Each Other

‘Liz Truss has just been voted by Conservative peers and members to be the next prime minister. The former secretary of state for foreign, commonwealth and development affairs has a track record of voting against human rights progression in the UK and as prime minister will be involved in policy decisions that will radically change rights protections. The first targets? Replacing the Human Rights Act (HRA) with a Bill of Rights and potentially withdrawing from the European Convention on Human Rights.’

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Each Other, 5th September 2022

Source: eachother.org.uk

Barrister strike: Criminal law is not dying, it’s dead, says barrister – BBC News

Posted September 6th, 2022 in barristers, criminal justice, industrial action, legal aid, news, remuneration by sally

‘Criminal law is “not dying, it’s pretty much dead” one barrister has claimed.’

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BBC News, 6th September 2022

Source: www.bbc.co.uk

Emily Maitlis stalker jailed for eight years over letters sent from prison – The Guardian

Posted September 6th, 2022 in news, restraining orders, sentencing, stalking by sally

‘A stalker who has had a three-decade fixation with the former BBC Newsnight presenter Emily Maitlis has been jailed for eight years after attempting to breach a restraining order for the 20th time.’

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The Guardian, 5th September 2022

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted September 5th, 2022 in legislation by tracey

SI 2022/935 – The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) (No. 3) Regulations 2022

SI 2022/932 – The Employment Appeal Tribunal (Amendment) Rules 2022

SI 2022/933 – The Electronic Communications (Security Measures) Regulations 2022

SI 2022/931 – The Telecommunications (Security) Act 2021 (Commencement) Regulations 2022

SI 2022/930 – The National Health Service (Pharmaceutical and Local Pharmaceutical Services) (Amendment) Regulations 2022

SI 2022/929 – The Insolvency Proceedings (Fees) (Amendment) Order 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 5th, 2022 in law reports by tracey

Court of Appeal (Criminal Division)

Hawkes & Ors v Post Office Ltd [2022] EWCA Crim 1197 (01 September 2022)

High Court (Administrative Court)

BT Pension Scheme Trustees Ltd & Ors, R (On the Application Of) v UK Statistics Authority & Anor [2022] EWHC 2265 (Admin) (01 September 2022)

Challis, R (On the Application Of) v The Secretary of State for Health and Social Care [2022] EWHC 2269 (Admin) (01 September 2022)

High Court (Commercial Court)

Cooper v Dnata Catering Services Ltd [2022] EWHC 2216 (Comm) (31 August 2022)

RSW International Ltd v Purple Surgical Manufacturing Ltd [2022] EWHC 2258 (Comm) (31 August 2022)

Source: www.bailii.org

Needs, not wishes – Housing Needs Assessments and Personal Housing Plans – Nearly Legal

Posted September 5th, 2022 in asylum, homelessness, housing, immigration, judicial review, local government, news, refugees by tracey

‘ZK, R (On the Application Of) v London Borough of Havering (2022) EWHC 1854 (Admin). This was a judicial review of what was claimed to be Havering’s failure to provide a lawful housing needs assessment and personal housing plan for Mr ZK, under section 189A Housing Act 1996.’

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Nearly Legal, 4th September 2022

Source: nearlylegal.co.uk

Regulator of Social Housing finds council in breach of Home Standard over failure to conduct health and safety assessments in thousands of homes – Local Government Lawyer

Posted September 5th, 2022 in health & safety, housing, local government, news by tracey

‘The Royal Borough of Greenwich has breached the Home Standard and, as a consequence, there was potential for serious detriment to tenants, the Regulator of Social Housing (RSH) has concluded.’

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Local Government Lawyer, 2nd September 2022

Source: www.localgovernmentlawyer.co.uk