‘Mark Watson considers the latest Budget and outlines concerns about the scope for abuse and the response from the Government.’
Carmelite Chambers, 5th March 2021
Source: www.carmelitechambers.co.uk
‘No doubt much will be written on the Supreme Court’s Shamima Begum ruling handed down on 26 February. The ruling has a number of notable features. In particular, a high level of deference was afforded to the executive which seems to contrast with the Supreme Court’s approach in high profile constitutional cases of recent years (such as, for example, in the Miller cases). A key feature of this deference is that it is offered in a national security context, where judicial deference has often played a role. This deference is partly justified by the Court on the grounds that Ministers are democratically accountable for national security decisions. However, as this post argues, the extent to which democratic accountability is a legitimate ground for judicial deference to national security decisions is questionable in light of current UK practice. This post raises three difficulties with relying on democratic accountability as a ground for deference in the UK national security context.’
UK Constitutional Law Association, 9th March 2021
Source: ukconstitutionallaw.org
‘Are Uber drivers ‘limb (b) workers’ and so entitled to fundamental statutory rights such as the minimum wage and working time protections? In a decision of fundamental significance, six Justices of the United Kingdom Supreme Court (UKSC) upheld the original Employment Tribunal (ET) decision that the drivers were ‘limb (b) workers. In reaching this conclusion, the UKSC endorsed the ‘purposive’ approach that had been set down in the earlier case of Autoclenz v Belcher by Lord Clarke.’
Oxford Human Rights Hub, 7th March 2021
Source: ohrh.law.ox.ac.uk
‘Guidance on the sex question in the UK census must be changed before the official day to complete it on 21 March, a high court judge has ruled.’
The Guardian, 9th March 2021
Source: www.theguardian.com
‘The Ministry of Justice (MoJ) is to press ahead with increasing online court fees in money and possession claims to bring them into line with paper claims in the face of opposition from the legal and credit sectors.’
Litigation Futures, 9th March 2021
Source: www.litigationfutures.com
‘The trial of a former Labour peer accused of sexually abusing younger children has collapsed due a “disgraceful” late disclosure of evidence by the prosecution, a judge has said.’
The Guardian, 9th March 2021
Source: www.theguardian.com
‘The number of judicial review applications received by local authorities in 2020 was down slightly (2.8%) on the previous 12 months, Ministry of Justice data has revealed.’
Local Government Lawyer, 9th March 2021
Source: www.localgovernmentlawyer.co.uk
‘Legislation aimed at ‘restoring confidence in the criminal justice system’ is to be unveiled in parliament today. According to a government statement, the Police, Crime, Sentencing and Courts Bill will equip the police with the powers and tools they need to protect themselves and the public, while overhauling sentencing laws to keep serious sexual and violent offenders behind bars for longer, and placing greater emphasis on rehabilitation to better help offenders to turn their lives around.’
Law Society's Gazette, 9th March 2021
Source: www.lawgazette.co.uk
‘Richard Furlong and Alexandra Scott provide a brief guide to defending wives and partners in confiscation proceedings.’
Carmelite Chambers, 10th March 2021
Source: www.carmelitechambers.co.uk
‘On 26 February 2021, the Supreme Court refused permission for Shamima Begum to return to the UK. The Supreme Court judgment in the high-profile case of the British woman who left the UK as a 15-year-old girl to travel to Syria to join the so-called Islamic State, however, resulted in the Court effectively washing its hands of the case staying it until a full hearing can occur in future—a remote possibility. In the judgment, Lord Reed held the Court of Appeal was in error by substituting its own view of the balance to be struck between national security and the applicant’s rights. In so doing, the Court of Appeal did not give the Secretary of State’s assessment due respect. In this brief post, I wish to focus on a principal aspect of the Supreme Court’s judgment: the concept of deference.’
Oxford Human Rights Hub, 8th March 2021
Source: ohrh.law.ox.ac.uk
‘A doctor has been given a suspended sentence after he admitted defrauding the NHS out of nearly £68,000.’
BBC News, 9th March 2021
Source: www.bbc.co.uk
‘The mandatory retirement age (MRA) for judges is to be raised from 70 to 75 to deal with shortfalls in judicial recruitment, the government has decided.’
Litigation Futures, 9th March 2021
Source: www.litigationfutures.com
‘New powers to protect stalking victims are not being used by police, a BBC Wales investigation has found.’
BBC News, 10th March 2021
Source: www.bbc.co.uk
‘A mother who fought to change the law around murder says her daughter would be “very proud”.’
BBC News, 9th March 2021
Source: www.bbc.co.uk
‘Largest such study finds domestic violence experienced by one-in-four teenage girls with worst levels faced by women in their 30s.’
The Guardian, 9th March 2021
Source: www.theguardian.com
Court of Appeal (Civil Division)
A (Child Abduction: Article 13b) [2021] EWCA Civ 328 (09 March 2021)
High Court (Administrative Court)
Young, R (On the Application Of) v General Medical Council [2021] EWHC 534 (Admin) (09 March 2021)
High Court (Chancery Division)
Valbonne Estates Ltd v Cityvalue Estates Ltd & Anor [2021] EWHC 544 (Ch) (09 March 2021)
High Court (Commercial Court)
Ross & Anor v Attanta Ltd [2021] EWHC 503 (Comm) (09 March 2021)
High Court (Patents Court)
High Court (Queen’s Bench Division)
B v Cager [2021] EWHC 540 (QB) (09 March 2021)
Senna v Henderson & Ors [2021] EWHC 453 (QB) (09 March 2021)
Mirza v Farooqui & Anor [2021] EWHC 532 (QB) (09 March 2021)
Source: www.bailii.org
The Guardian’s Allowance Up-rating Regulations 2021
The Social Security (Contributions) (Amendment) Regulations 2021
The Income Tax (Pay As You Earn) (Amendment) Regulations 2021
The Social Security Revaluation of Earnings Factors Order 2021
The Adoption and Children (Coronavirus) (Amendment) Regulations 2021
The Accounts and Audit (Amendment) Regulations 2021
The Wireless Telegraphy (Licence Award) (Amendment) Regulations 2021
The Taxes (Interest Rate) (Amendment) Regulations 2021
The Van Benefit and Car and Van Fuel Benefit Order 2021
The Social Security Contributions (Disregarded Payments) (Coronavirus) Regulations 2021
The Income Tax (Exemption for Coronavirus Related Home Office Expenses) (Amendment) Regulations 2021
The Gas (Standards of Performance) (Amendment) Regulations 2021
Source: www.legislation.gov.uk
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