‘The High Court has granted a final injunction to stop a district judge being harassed by his brother-in-law over a will.’
Legal Futures, 30th July 2024
Source: www.legalfutures.co.uk
‘A ban on prescribing puberty blockers to children with gender dysphoria in England, Scotland and Wales was lawful, a high court judge has ruled.’
The Guardian, 29th July 2024
Source: www.theguardian.com
‘With an election taking place during the Euros, it is almost too tempting to describe the Labour Party as running towards an open goal. A new government is almost seen as inevitable, with the real question being the size of its majority. Yet it remains unclear whether this change will embolden much-needed reform to the criminal justice system. For any future Justice Secretary, addressing the plight of those serving sentences of Imprisonment for Public Protection (IPP) must be at the top of their to-do list.’
Mountford Chambersm 1st July 2024
Source: www.mountfordchambers.com
‘Provisional damages are often bought off as part of the overall settlement agreement but as Lauren Karmel and Jimmy Barber remind us it is important to consider whether this is appropriate. They offer some guidance in provisional damages in clinical negligence claims and practical steps to consider in the latest edition of AvMA’s Lawyers Services Newsletter.’
St John's Chambers, 3rd July 2024
Source: www.stjohnschambers.co.uk
‘In Williams and ors v Compair Maxam [1982] ICR 156, the EAT laid down guidelines that a reasonable employer is expected to follow when undertaking dismissal by reason of redundancy and against which fairness or unfairness under s.98(4) ERA is judged. The fifth principle, at [162F], is: ‘The employer will seek to see whether instead of dismissing an employee he could offer him alternative employment.’’
Cloisters, 29th July 2024
Source: www.cloisters.com
‘The First Respondent (“LCL”) agreed to loan £1,881,000 to the Third Appellant, CEK Investments Limited (“CEK”), for a period of 12 months. The loan was secured by a debenture over CEK’s assets, personal guarantees from CEK’s directors the First Appellant and her husband (who had subsequently died and whose estate was now represented by their son, the Second Appellant), and mortgages over 5 buy-to-let properties and their family home.’
Falcon Chambers, 4th July 2024
Source: www.falcon-chambers.com
‘In the recent matter of Y (Failure to Clarify Immigration Status), Re [2024] EWFC 159, the High Court gives useful guidance in respect of public law children cases where there is a question in relation to the immigration status of either the subject child or parents.’
Broadway Chambers, 29th July 2024
Source: www.broadwayhouse.co.uk
‘For cases issued after 21 July 2022, the Court has jurisdiction to appoint a Qualified Legal Representative (“QLR”). In family cases, the necessity for such an appointment usually arises upon application of section 65 of the Domestic Abuse Act 2021 or amendments to the Matrimonial and Family Proceedings Act 1984 which restricts litigants in person from cross-examining parties or witnesses in certain circumstances.’
Becket Chambers, 2nd July 2024
Source: becket-chambers.co.uk
‘This article adds to the still limited scholarship on the impact of abortion laws and policies on people with disabilities and those with diminished capacity who seek abortion. We argue that neither the legal nor policy framework currently operating in England and Wales adequately incorporates and protects the rights of people with disabilities or those experiencing mental ill-health. Rather, the law and policy framework jeopardizes their reproductive agency. We argue that greater attention to and incorporation of standards contained within the UN Convention on the Rights of Persons with Disabilities (including the sources produced by its Committee) and implementation of guidelines produced by the World Health Organization would result in a rights-affirming framework that supports disabled women’s reproductive agency, enhances their effective enjoyment of human rights, and supports them in accessing quality abortion care.’
Medical Law Review, 17th July 2024
Source: academic.oup.com
‘The article proposes a modern version of real entity theory to explain the principle of the separate legal personality of the company. This theoretical model relies on scholarship from the wider social sciences that demonstrates that organisations bring about behaviours that would not exist but for the organisational context. Organisations are real in their consequences. The principle of separate legal personality condones, supports, and protects the ability of organisations to act autonomously. The article further suggests that we do not need a principle of corporate “disregard” but should continue on the path of developing context-specific rules addressing questions arising out of corporate abuses.’
Journal of Corporate Law Studies, 17th July 2024
Source: www.tandfonline.com
‘McCulloch v Forth Valley Health Board concerned an allegation of negligence, in failing to consider treating pericarditis with non-steroidal anti-inflammatory drugs as a reasonable alternative treatment and not discussing this option with the patient. Montgomery v Lanarkshire Health Board held that a medical professional must disclose to a patient material risks and any reasonable alternative treatments. The materiality of a risk is to be decided by reference to a reasonable person in the patient’s position, or where the medical professional should be reasonably aware that the particular patient is likely to attach significance to that risk. However, Montgomery did not define the legal standard relating to the assessment of whether an alternative treatment is reasonable. McCulloch held the correct legal test to be applied as to whether an alternative treatment is reasonable is the professional-practice test in Bolam v Friern Hospital Management Committee. There are practical, doctrinal and normative reasons to question whether Bolam is the correct legal test in respect of the assessment of reasonable alternative treatments. Additionally, the conceptualisation of Bolam in McCulloch is overly deferential. McCulloch fails to fully consider Montgomery’s emphasis that autonomy-respecting principles are the values that risk disclosure practices are sensitive to.’
Modern Law Review, 4th July 2024
Source: onlinelibrary.wiley.com
‘When medical treatment can be considered to be a futile is an important, but sometimes difficult, question. What can make it difficult in the context of those with impaired decision-making capacity is the potential for it to start “coding” judgments about other matters, above all judgments about the quality of life of the patient. In Re XY [2024 EWCOP 37 (T3), the issue of futility arose in the context of a decision whether continuing life-sustaining treatment was in the best interests of a man who in a prolonged disorder of consciousness. The treating Trust wished to cease mechanical ventilation and the provision of clinically assisted nutrition and hydration on the basis that its continuation was no longer in XY’s best interests.’
Mental Capacity Law and Policy, 28th July 2024
‘There was a 28% surge in the number of applications for lasting powers of attorney (LPAs) last year, but the Office of the Public Guardian (OPG) still managed to reduce its backlog.’
Legal Futures, 29th July 2024
Source: www.legalfutures.co.uk
‘An Albanian man who was being held in a secure psychiatric unit was taken directly from his hospital bed to a Home Office deportation flight, a report has revealed.’
The Guardian, 25th July 2024
Source: www.theguardian.com
‘The sovereign power to control the entry and residence of persons in the state, and the corollary power to deport, has long been considered to be a defining feature of statehood. State discretion as to who may remain within the national border is, however, tempered by international and regional human rights obligations, as well as domestic constitutional principles. In this context, it is well established that a deportation will violate Article 8 of the European Convention on Human Rights (ECHR) if it constitutes a disproportionate interference with family and/or private life in the host country.’
Legal Studies, 1st July 2024
Source: www.cambridge.org
‘One of this century’s most dramatic scientific developments is the reprogramming of stem cells in order to create self-organizing embryo-like entities, known as stem cell based embryo models (SCBEMs). The science is moving very quickly, but if, as increasingly appears to be the case, scientists are capable of creating entities that are effectively indistinguishable from sperm and egg derived embryos, important legal questions arise. In countries like the UK, where a strict regulatory regime applies to research on embryos, should this be extended to SCBEM research, or would a different regulatory response be appropriate? Drawing on the 1984 Warnock Report, the Human Fertilisation and Embryology Act 1990 and the latest guidelines from the International Society for Stem Cell Research, this article considers principles for the regulation of the creation and use of SCBEMs.’
Journal of Law and the Biosciences, 18th July 2024
Source: academic.oup.com
‘With the rising popularity of wellness apps – including those for tracking menstrual cycle, sleep and physical activity – it has become critical that providers of such technology should consider both legal and regulatory compliance and their ethical obligations, legal experts have said.’
OUT-LAW.com, 24th July 2024
Source: www.pinsentmasons.com
‘In the third of this “Remind me about” series, Oliver Hilton of Radcliffe Chambers looks at tPR’s moral hazard powers. The “Remind me about” series is aimed as a training tool and as an update for busy practitioners.’
Pensions Barrister, 25th July 2024
Source: www.pensionsbarrister.com
‘A young couple have been jailed for using an online chatroom to “trade” having sex in return for watching a child being abused.’
The Independent, 24th July 2024
Source: www.independent.co.uk
‘Labour has delayed proposals to tackle spurious lawsuits brought by oligarchs and others aimed at intimidating journalists, academics and campaigners.’
The Guardian, 24th July 2024
Source: www.theguardian.com
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