David Erdos: Lost in Inaction? The Statutory Reports on Media Alternative Dispute Resolution (ADR) – UK Constitutional Law Association

Posted February 13th, 2025 in constitutional law, data protection, dispute resolution, media, news, reports by sally

‘Section 179 of the Data Protection Act (DPA) 2018 places the Secretary of State under a duty to ensure that a Report is “la[id] before Parliament” on both the “use” and “effectiveness” of “relevant alternative dispute resolution procedures” in cases involving actual or alleged failures by media organisations, other than broadcasters, “to comply with the data protection legislation”. Such a duty applies at the end of a repeating three-year period. The procedures to be reported on are those provided by “persons who produce or enforce codes of practice” for such media organisations and are “alternative” in the sense of being extra-judicial. This duty was proposed after the Independent Press Standards Organisation (IPSO) – the principal self-regulator of the Press – stated (following Government pressure) that it would introduce a ‘compulsory’ arbitration procedure covering data protection.’

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UK Constitutional Law Association, 12th February 2025

Source: ukconstitutionallaw.org

NHS trust fined £1.6m over failings in baby deaths – BBC News

‘An NHS trust has been fined £1.6m for “avoidable failings” connected to the deaths of three babies in 2021.’

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BBC News, 12th February 2025

Source: www.bbc.co.uk

Deprivation of liberty and profound disability – an urgent need for appellate clarification – Mental Capacity Law and Policy

‘Another in the Lieven J-inspired line of challenges to Cheshire West can be found in Re V (Profound Disabilities) [2025] EWHC 200 (Fam), concerning a 15 year old boy with “profound enduring disabilities”.’

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Mental Capacity Law and Policy, 10th February 2025

Source: www.mentalcapacitylawandpolicy.org.uk

Appealing Home Office decisions: understanding your rights and options – EIN Blog

Posted February 11th, 2025 in appeals, asylum, government departments, human rights, immigration, news, visas by sally

‘The UK Home Office grants several million visas each year, and refusal rates (other than for asylum claims) are relatively low. If you do face the heartbreak of a negative decision, what can you do? Plans may have to change and futures rethought. However, in some cases, negative decisions can be appealed, and you can make your case to a Tribunal Judge. Not every decision can be appealed – often you will be given a right of administrative review, which is an internal Home Office process. It is important from the outset that you know what remedies you have if the Home Office does not grant your application.’

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EIN Blog, 11th February 2025

Source: www.ein.org.uk

Mark K Heatley: The Disadvantages of Local Legislation – UK Constitutional Law Association

Posted February 11th, 2025 in constitutional law, legal history, legislation, local government, news, parliament by sally

‘The term Private Acts of Parliament (PA) is widely used to include local Acts, that benefit organizations such as local authorities or authorize major infrastructure projects and are often of limited geographical extent, or personal Acts that benefit individuals. This post considers the reasons for the decline in the enaction of Local Acts of Parliament (LAs), which began in the nineteenth century with the process of enacting local legislation by provisional order. Provisional orders were introduced as a substitute for LAs and were issued by a Minister following a local inquiry, under the authority of an Act of Parliament, but required a later individual and specific confirmatory Act of Parliament. Although their occasional use has persisted, they in turn were largely replaced by Special Procedure Orders following the passing of the Statutory Orders (Special Procedure) Act in 1945.’

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UK Constitutional Law Association, 11th February 2025

Source: ukconstitutionallaw.org

The limits of discretion in case management decisions – Quarterly Medical Law Review

‘Prescott-Brann v Chelsea and Westminster Hospital NHS Foundation Trust [2024] EWHC 3314 (KB). The underlying claim was an action in clinical negligence. The Claimant’s case was that a negligent delay in the diagnosis and treatment of his stroke had caused or materially contributed to an ongoing thromboembolic event in his left vertebral artery, thereby worsening a neurological injury. The claim was brought against two defendants: the hospital trust and a diagnostic clinician.’

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Quarterly Medical Law Review, 6th February 2025

Source: 1corqmlr.com

Reforms to the NSIP Regime proposed in Government working paper – Local Government Lawyer

Posted February 11th, 2025 in bills, consultations, local government, news, planning by sally

‘Alastair Lewis, Emyr Thomas, Emily Knowles and James Goldthorpe look over proposed changes to the planning system in the Planning and Infrastructure Bill.’

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Local Government Lawyer, 10th February 2025

Source: www.localgovernmentlawyer.co.uk

Supreme Court to hear key case next week on ‘appropriate assessment’ and subsequent approvals – Local Government Lawyer

‘The Supreme Court will next week consider whether Regulation 63 of the Conservation of Habitats and Species Regulations 2017 (“the Habitats Regulations”) require an “appropriate assessment” to be undertaken for subsequent approvals after the grant of outline planning permission at a further consent stage, i.e. at the approval of reserved matters and discharge of conditions stages.’

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Local Government Lawyer, 10th February 2025

Source: www.localgovernmentlawyer.co.uk

Hear my trial a comin’: Sony’s appeal dismissed in Jimi Hendrix record rights dispute – Law Society’s Gazette

Posted February 11th, 2025 in appeals, artistic works, copyright, intellectual property, news, striking out by sally

‘Sony Music has lost its appeal in the long-running claim on the copyright and performance rights of 1960s guitar legend Jimi Hendrix’s bandmates, bass guitarist Noel Redding and drummer Mitch Mitchell.’

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Law Society's Gazette, 10th February 2025

Source: www.lawgazette.co.uk

Dismissal of Afghan judge’s application to relocate to UK was ‘correct’ – Law Society’s Gazette

Posted February 11th, 2025 in Afghanistan, asylum, immigration, judges, judicial review, news by sally

‘The government’s decision to refuse an Afghan former judge’s application to move to the UK was “reasonable and correct”, the High Court has found.’

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Law Society's Gazette, 10th February 2025

Source: www.lawgazette.co.uk

Woman wins £95k settlement after moped collision – BBC News

‘More than two years after being hit by a moped while on her way to a Mother’s Day dinner with her sons in 2022, Loraine White from Leyton, east London, says she is still living with chronic pain.’

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BBC News, 11th February 2025

Source: www.bbc.co.uk

Man sentenced for spitting at police during disorder – BBC News

Posted February 11th, 2025 in affray, assault, compensation, news, police, public order, sentencing, suspended sentences by sally

‘A man who assaulted a police officer during disorder in Bristol has been sentenced.’

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BBC News, 11th February 2025

Source: www.bbc.co.uk

Bereaved parents launch court challenge over UK benefit ‘discrimination’ – The Guardian

Posted February 11th, 2025 in benefits, bereavement, children, civil partnerships, families, human rights, marriage, news by sally

‘Two bereaved parents have filed a case at the European court of human rights, claiming that the UK government’s treatment of them is discriminatory.’

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The Guardian, 8th February 2025

Source: www.theguardian.com

Abuse in English football a ‘crisis’ – Kick It Out – BBC News

‘The level of abuse in English football has “reached crisis point”, says the head of anti-discrimination body Kick It Out.’

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BBC News, 10th February 2025

Source: www.bbc.co.uk

UN torture tsar attacks UK over ‘inhumane’ indefinite jail terms – The Independent

‘A United Nations torture tsar has said British prisoners trapped on indefinite jail terms are probably “being detained arbitrarily” after The Independent revealed six in 10 are being blocked from moving to open jails.’

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The Independent, 8th February 2025

Source: www.independent.co.uk

Can my boss read my WhatsApp messages? Rules around work and privacy explained – The Independent

‘As Labour is embroiled in a scandal over leaked messages from a WhatsApp group, some people have been left wondering about their rights on the app.’

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The Independent, 10th February 2025

Source: www.independent.co.uk

MoD investigates air crew cancers after helicopter claims – BBC News

‘The government is investigating how many military personnel have been diagnosed with cancer, after claims that some helicopters left crew exposed to toxic fumes.’

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BBC News, 10th February 2025

Source: www.bbc.co.uk

Court of Appeal clarifies foreign judgment enforceability requirements – OUT-LAW.com

Posted February 10th, 2025 in appeals, bankruptcy, damages, enforcement, foreign jurisdictions, insolvency, news, Russia by sally

‘A recent Court of Appeal decision has brought significant clarity to the requirements for bringing a bankruptcy petition in England and Wales, concluding that simply possessing a foreign judgment is not sufficient grounds for initiating such a petition.’

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OUT-LAW.com, 7th February 2025

Source: www.pinsentmasons.com

Contempt proceedings, the Aarhus Convention and costs – Local Government Lawyer

Posted February 10th, 2025 in contempt of court, costs, injunctions, judicial review, local government, news, trees by sally

‘Rachel Sullivan analyses a case where it was successfully argued that contempt proceedings, brought against the local authority in a dispute over the felling of trees, were an Aarhus Convention claim and thus the claimant was entitled to costs protection.’

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Local Government Lawyer, 7th February 2025

Source: www.localgovernmentlawyer.co.uk

Work-related stress: a key issue for employers – Local Government Lawyer

Posted February 10th, 2025 in employment, local government, mental health, news by sally

‘Debra Gers looks at the support employers can provide in relation to work-related stress.’

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Local Government Lawyer, 7th February 2025

Source: www.localgovernmentlawyer.co.uk