Kate Ollerenshaw: Retained EU Case Law: A Fourth Option – UK Constitutional Law Association

Posted July 28th, 2020 in brexit, EC law, news, precedent, Privy Council, Supreme Court by sally

‘The Ministry of Justice issued a consultation paper on Retained EU Case Law on 2 July 2020, seeking views on the exercise of the powers contained within Section 6(5A) of the European Union (Withdrawal) Act 2018 (“the 2018 Act”) that were inserted by Section 26(1) of the European Union (Withdrawal Agreement) Act 2020 (“the 2020 Act”). These powers allow the Government, inter alia, to designate additional courts and Tribunals (over and above those already given the power via Section 6(4) of the 2018 Act) as having the ability to depart from retained EU case law.’

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UK Constitutional Law Association, 27th July 2020

Source: ukconstitutionallaw.org

Mother of boy with toy gun says Met police acted out of all proportion – The Guardian

Posted July 28th, 2020 in children, firearms, news, police by sally

‘A woman whose house was raided by armed officers after her 12-year-old son was seen with a toy gun has said she supports police action targeting firearm crime but believes they acted out of all proportion.’

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The Guardian, 27th July 2020

Source: www.theguardian.com

Upper Tribunal judge suggests review “long overdue” of appellate mechanisms for Data Protection Act rights – Local Government Lawyer

Posted July 28th, 2020 in appeals, data protection, news, time limits by sally

‘A comprehensive strategic review of the various appellate mechanisms for rights exercisable under the Data Protection Act is “arguably long overdue”, an Upper Tribunal judge has said.’

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Local Government Lawyer, 27th July 2020

Source: www.localgovernmentlawyer.co.uk

The Legal Aid Funding Gap Could ‘Push Millions Into Poverty’. What Can We Do? – Each Other

Posted July 28th, 2020 in bereavement, carers, disabled persons, human rights, law centres, legal aid, news by sally

‘“There is no way on heaven and earth that I would have been able to [fight my case] in the state I was, I would have just fallen through,” says Michael, whose wife Pauline tragically passed away from a progressive degenerative condition in July 2017.’

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Each Other, 27th July 2020

Source: eachother.org.uk

‘Monstrous’ X Factor contestant Phillip Blackwell jailed for rape – BBC News

Posted July 28th, 2020 in news, rape, sentencing by sally

‘A “monstrous” former X Factor contestant who raped women over a 22-year period has been jailed for life.’

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BBC News, 27th July 2020

Source: www.bbc.co.uk

Judge removed from child welfare case over ‘pejorative’ remarks about mother – The Guardian

Posted July 28th, 2020 in bias, family courts, judges, news, remote hearings by sally

‘A high court judge has been taken off a case centred on the care of a child after “pejorative comments” she made about the child’s mother were accidentally broadcast to people taking part in a hearing remotely.’

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The Guardian, 25th July 2020

Source: www.theguardian.com

Jack Maxwell and Joe Tomlinson: Model students: why Ofqual has a legal duty to disclose the details of its model for calculating GCSE and A level grades – UK Constitutional Law Association

Posted July 28th, 2020 in coronavirus, disclosure, examinations, news, teachers by sally

‘On 18 March 2020, the UK Government cancelled GCSE and A level exams for students in England. The closure of schools and the need to slow the spread of COVID-19 made exams impracticable. But the Prime Minister confirmed that students would still get ‘the qualifications they need and deserve for their academic career.’ This created an obvious headache for public administration: the objective was to create a legitimate system of assessment, which could maintain confidence, without actual assessments.’

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UK Constitutional Law Association, 28th July 2020

Source: ukconstitutionallaw.org

No wasted costs order after QC instructed on wrong issue – Litigation Futures

Posted July 28th, 2020 in appeals, news, stay of proceedings, time limits, VAT, wasted costs orders by sally

‘The First-tier Tribunal has refused to grant HM Revenue & Customs (HMRC) a wasted costs order despite its opponents instructing their QC on the wrong issue.’

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Litigation Futures, 23rd July 2020

Source: www.litigationfutures.com

Johnny Depp case: What are the libel laws and how do they work? – BBC News

Posted July 28th, 2020 in defamation, defences, media, news by sally

‘After weeks of revelations and accusations in court about his personal relationships, actor Johnny Depp’s mammoth legal action against The Sun for libel is coming to an end – with a judgement expected at the end of the summer.’

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BBC News, 28th July 2020

Source: www.bbc.co.uk

‘We are the A&E of law’: the first UK law centre for poor people turns 50 – The Guardian

Posted July 28th, 2020 in law centres, legal aid, news by sally

‘Austerity cuts to legal aid may have restricted North Kensington’s resources, but they haven’t crushed its spirit.’

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The Guardian, 28th July 2020

Source: www.theguardian.com

Circuit poll: Barristers set to quit if court hours are extended – Legal Futures

Posted July 28th, 2020 in barristers, carers, coronavirus, courts, news, women, working time by sally

‘Some 55% barristers would consider leave the Bar if the courts adopt extended operating hours (EOH) and they could set back female barristers’ progress by 50 years, research has found.’

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Legal Futures, 27th July 2020

Source: www.legalfutures.co.uk

Anisha Vidal-Garner death: Man jailed after Brixton police chase – BBC News

Posted July 28th, 2020 in dangerous driving, guilty pleas, news, sentencing by sally

‘The son of a barrister who killed a woman in a hit-and-run crash during a police chase, throwing her in the air “like a rag doll”, has been jailed.’

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BBC News, 27th July 2020

Source: www.bbc.co.uk

Police in England and Wales ‘twice as likely’ to fine young BAME men during lockdown – The Guardian

Posted July 28th, 2020 in coronavirus, fines, minorities, news, police, race discrimination, statistics, young persons by sally

‘Police were twice as likely to fine young black and Asian men under the lockdown rules than their white counterparts, according to new figures that underline concerns about racial bias in policing.’

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The Guardian, 27th July 2020

Source: www.theguardian.com

The Spotlight Review on domestic abuse – where does it fit in with other court reforms? – Transparency Project

Posted July 27th, 2020 in children, domestic violence, families, family courts, Ministry of Justice, news, practice directions by sally

‘The work undertaken by the “spotlight panel” appointed by the Ministry of Justice, reported in what is being referred to as the “harm report”, has already been commented on here and here. Its full title is “Assessing Risk of Harm to Children and Parents in Private Law Cases”. The purpose of this blog post is to try to see how the harm report fits in with the wider reforms discussed by the President’s Private Law Working Party (the PrLWG) in its two reports.’

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Transparency Project, 24th July 2020

Source: www.transparencyproject.org.uk

Man wrongly detained over murder of PC Harper to sue police – The Guardian

Posted July 27th, 2020 in compensation, homicide, news, police, racism, theft, travellers, wrongful arrest, young offenders by sally

‘An innocent man who spent weeks in prison accused of murdering PC Andrew Harper before proceedings against him were dropped is taking legal action against the police.’

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The Guardian, 25th July 2020

Source: www.theguardian.com

Judge rejects calls for recusal in planning case amid accusations of bias – Local Government Lawyer

Posted July 27th, 2020 in bias, injunctions, judges, local government, news, planning, recusal by sally

‘A High Court judge has refused to recuse himself from a planning case involving Surrey Heath Borough Council after claimants accused him of bias.’

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Local Government Lawyer, 23rd July 2020

Source: www.localgovernmentlawyer.co.uk

Only 19 bereaved families approved for NHS staff coronavirus compensation scheme – The Guardian

Posted July 27th, 2020 in bereavement, compensation, coronavirus, emergency services, families, government departments, hospitals, news by sally

‘Only 19 families of NHS and social care workers who died after contracting coronavirus have so far been approved for the £60,000 compensation payment from the government.’

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The Guardian, 26th July 2020

Source: www.theguardian.com

Developer loses High Court battle over planning consent after council admitted failure to give adequate reasons – Local Government Lawyer

Posted July 27th, 2020 in local government, news, planning by sally

‘Bath and North East Somerset Council should have given adequate reasons when it allowed a development against officer’s recommendations, the High Court has found.’

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Local Government Lawyer, 23rd July 2020

Source: www.localgovernmentlawyer.co.uk

Novichok inquest quashed – UK Human Rights Blog

Posted July 27th, 2020 in coroners, families, human rights, inquests, inquiries, news, Russia, unlawful killing by sally

‘The High Court has today [24 July] handed down a judgment quashing a coroner’s decision on the scope of the inquest into the death of Dawn Sturgess: R (GS) v HM Senior Coroner for Wiltshire and Swindon [2020] EWHC 2007 (Admin).’

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UK Human Rights Blog, 24th July 2020

Source: ukhumanrightsblog.com

Frozen pensions: injustices faced by Windrush generation in spotlight – The Guardian

Posted July 27th, 2020 in citizenship, colonies, equality, government departments, immigration, news, pensions, retirement by sally

‘Campaigners urge new working group to look into why some retirees living abroad are penalised.’

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The Guardian, 25th July 2020

Source: www.theguardian.com