A Comparative Analysis of Devolved Judicial Review: A Summary – Judicial Review

Posted October 17th, 2024 in devolution, judicial review, news, Northern Ireland, Scotland, Wales by sally

‘Statistical analysis of judicial review is notoriously difficult, in part due to the inconsistency in what is published by official sources which results in a ‘partial account of [judicial] activity’.’

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Judicial Review, 16th September 2024

Source: www.tandfonline.com

LASPO 2012: ten years and beyond – a socio-legal study of the impact of legal aid cuts on service providers in England and Wales – Legal Ethics

‘Major reforms via the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 and subsequent reforms have reduced the legal aid budget and the scope of eligibility in criminal as well as civil cases. According to Mansfield et al., the principles of justice that embody the legal aid provision has been neglected by governments for over a decade and as such; created a gap that emasculates the most vulnerable in society, such as recipients of legal aid. This study employs an interview-based approach to investigate alternative perspectives in terms of the cuts and widespread impact on service providers in England and Wales, such as barristers, and solicitors. Detailed qualitative data were collected to provide insights into the diminishing legal aid scheme through the lived experiences of both civil and criminal legal aid providers. The study examines the concerns of service providers regarding their future as public defenders and the future of the judicial system post-LASPO 2012, focusing on safeguarding the rights of individuals facing litigation and ensuring that newly qualified lawyers are not deterred from public defence roles due to the long-term effects of ongoing legal aid cuts.’

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Legal Ethics, 10th September 2024

Source: www.tandfonline.com

‘Don’t panic, don’t panic’: an analysis of a purported pro-eating disorder website/online content moral panic and legal and policy responses

Posted October 17th, 2024 in food, health, internet, mental health, news by sally

‘It has been argued that newspaper responses to pro-eating disorder websites, within the United Kingdom (UK), constitute a moral panic. It is feared that moral panics may spur rash legal/policy responses. My analysis indicates that the consideration of pro-eating disorder websites by British newspaper journalists and others does not constitute a moral panic. I argue that the misuse of the moral panic concept exemplifies the dominance of emotivism within contemporary culture and may trivialise potential online harms and serve as an apologia for surveillance/digital capitalism. I contend that pro-eating disorder websites are potentially harmful and assess legal and policy responses, such as the Online Safety Act 2023 and the advancement of the digital commons. I also contend that the increase in the number of people suffering with eating disorders within the UK should be addressed by devoting more resources for research into, and the prevention and treatment of, eating disorders.’

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Information & Communications Technology Law, 18th September 2024

Source: www.tandfonline.com

Coroner raises concerns over new drivers taking passengers after north Wales crash – The Guardian

Posted October 17th, 2024 in accidents, coroners, inquests, news, road safety, young persons by sally

‘A coroner has raised concerns about young, newly qualified drivers being allowed to carry passengers, during an inquest into the deaths of four teenagers who drowned after a crash in north Wales.’

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The Guardian, 16th October 2024

Source: www.theguardian.com

Sex and the erasure of legal parenthood: P v Q and F (child: legal parentage) [2024] EWCA civ 878 – Journal of Scial Welfare and Family Law

Posted October 17th, 2024 in appeals, artificial insemination, birth certificates, families, news by sally

‘Imagine a scenario in which a same sex female married couple, P and Q, decide to become parents together. They find a sperm donor (F) online, and after two unsuccessful attempts at insemination, P conceives and gives birth to a daughter, X. Happily for P and Q, the law in the UK was changed in 2008 in order to enable both of them to be registered as X’s parents on her birth certificate, P as her mother and Q as her second legal parent. Three years later, P and Q’s relationship breaks down. While we are used to the law stepping in to resolve questions about money and the child’s living arrangements, in relation to a same sex female couple, UK law also does something completely extraordinary. It enables the mother to have the second legal parent’s name removed from the birth certificate, and replaced with that of the sperm donor.’

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Journal of Social Welfare and Family Law, 16th October 2024

Source: www.tandfonline.com

Housing Ombudsman issues report on 100 cases of severe maladministration involving damp and mould – Local Government Lawyer

‘The Housing Ombudsman has found severe maladministration for how a housing association failed to deal with damp and mould in a home for two years, which left the resident unable to sleep in her bedroom.’

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Local Government Lawyer, 16th October 2024

Source: www.localgovernmentlawyer.co.uk

Ministers to give magistrates in England and Wales more sentencing powers – The Guardian

‘Ministers will announce plans within days to give magistrates in England and Wales fresh powers to hand down longer custodial sentences to help reduce the backlog in crown courts and prisons, the Guardian understands.’

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The Guardian, 17th October 2024

Source: www.theguardian.com

Health, Welfare and Deprivation of Liberty Report – October 2024 – 39 Essex Chambers

‘In the Health, Welfare and Deprivation of Liberty Report: what to do where there is no reliable evidence of P’s wishes and feelings.’

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39 Essex Chambers, 1st October 2024

Source: www.39essex.com

Anti-Zionism as a protected belief: final judgment in Miller v University of Bristol – Law & Religion UK

‘In February, we posted Anti-Zionism as a protected belief: Miller, which commented on the case of Dr David Miller v University of Bristol [2024] ET 1400780/2022. Dr Miller had been appointed Professor of Political Sociology at the University from 1 September 2018, but in 2019 there were complaints about his conduct, including what was said to be his use of antisemitic language. The Community Security Trust charity said that a lecture he had given had been a “false, vile, anti-Semitic slur”. The University appointed an independent barrister to investigate this as part of its internal complaints procedure, who concluded on 4 December 2020 that there was no formal case to answer in connection with any of the matters investigated.’

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Law & Religion UK, 16th October 2024

Source: lawandreligionuk.com

Attorney General to issue amended guidance for government lawyers on legal risk – Local Government Lawyer

‘The Attorney General, Lord Hermer KC, has announced he is to issue amended guidance for assessing legal risk across government that will seek to “raise the standards for calibrating legality”.’

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Local Government Lawyer, 16th October 2024

Source: www.localgovernmentlawyer.co.uk

England and Wales assisted dying bill formally launched in House of Commons – The Guardian

Posted October 17th, 2024 in assisted suicide, bills, criminal justice, news, suicide by sally

‘A bill to legalise assisted dying for terminally ill adults in England and Wales has been formally introduced in the House of Commons, triggering what is expected to be intense discussion over the coming weeks and months on an emotionally charged and controversial issue.’

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The Guardian, 16th October 2024

Source: www.theguardian.com

Social media faces big changes under new Ofcom rules – BBC News

Posted October 17th, 2024 in children, internet, news, ombudsmen, telecommunications by sally

‘Social media companies will face punishments for failing to keep children safe on their platforms, communications watchdog Ofcom has warned.’

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BBC News, 17th October 2024

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted October 17th, 2024 in law reports by tracey

Supreme Court

McAleenon, Re Application for Judicial Review (Northern Ireland) [2024] UKSC 31 (16 October 2024)

Court of Appeal (Civil Division)

Save Stonehenge World Heritage Site Ltd, R (On the Application Of) v Secretary of State for Transport & Ors [2024] EWCA Civ 1227 (16 October 2024)

Court of Appeal (Criminal Division)

BFE, R. v [2024] EWCA Crim 1198 (15 October 2024)

High Court (Administrative Court)

Ashby v The County Court In Sibenik, Croatia [2024] EWHC 2613 (Admin) (16 October 2024)

High Court (Chancery Division)

Hersov v Energy Research Lab Ltd [2024] EWHC 2604 (Ch) (15 October 2024)

Schneider Electric It Corporation v Northamber Plc [2024] EWHC 2552 (Ch) (15 October 2024)

High Court (Commercial Court)

Standard Chartered PLC v Guaranty Nominees Ltd & Ors [2024] EWHC 2605 (Comm) (15 October 2024)

High Court (Family Division)

Mainwaring v Bailey [2024] EWHC 2614 (Fam) (16 October 2024)

W and E (Habitual Residence), Re [2024] EWHC 2596 (Fam) (15 October 2024)

V (Appeal: Relocation), Re [2024] EWHC 2600 (Fam) (15 October 2024)

Source: www.bailii.org

Court orders parties to engage in ADR over costs – Legal Futures

Posted October 16th, 2024 in civil procedure rules, costs, defamation, dispute resolution, media, news by sally

‘A ruling that a former Conservative MP and a national newspaper must engage in alternative dispute resolution (ADR) before their argument over costs can be heard is a landmark that could herald the start of a new era, the Association of Costs Lawyers (ACL) has said.’

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Legal Futures, 16th October 2024

Source: www.legalfutures.co.uk

Major report rejects regulation of third-party litigation funding – Legal Futures

Posted October 16th, 2024 in civil justice, costs, news, third parties by sally

‘There should only be a move to regulate third-party litigation funding (TPLF) in the event of “an identifiable problem or market failure”, a major report has concluded.’

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Legal Futures, 16th October 2024

Source: www.legalfutures.co.uk

Final report into Care Quality Commission identifies “significant internal failings” – Local Government Lawyer

Posted October 16th, 2024 in care homes, doctors, health, hospitals, local government, news, quality assurance by sally

‘The Government has pledged further action to strengthen patient safety after a final report identified “significant internal failings” at the Care Quality Commission (CQC), hampering the regulator’s ability to identify poor performance at hospitals, care homes and GP practices.’

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Local Government Lawyer, 15th October 2024

Source: www.localgovernmentlawyer.co.uk

Assisted dying: What is the current law and will it change? – The Independent

Posted October 16th, 2024 in assisted suicide, bills, criminal justice, news by sally

‘The assisted dying debate will return to Parliament this week as a new bill is formally introduced in the House of Commons.’

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The Independent, 16th October 2024

Source: www.independent.co.uk

Migrant took own life after ‘multiple failings’ at UK detention centre – BBC News

Posted October 16th, 2024 in detention, government departments, immigration, inquests, mental health, news, suicide by sally

‘An inquest jury has found “multiple failings” and “missed opportunities” at an immigration detention centre contributed to a Colombian man taking his own life in 2023.’

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BBC News, 16th October 2024

Source: www.bbc.co.uk

Corpse abuse inquiry makes urgent call for funeral regulation in England – The Guardian

Posted October 16th, 2024 in burials and cremation, inquiries, murder, news by sally

‘Repeated failures to prevent dead people from being abused in funeral parlours and mortuaries highlight the urgent need for regulation of funeral services in England, an inquiry has found.’

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The Guardian, 15th October 2024

Source: www.theguardian.com

Practice and Procedure Report – October 2024 – 39 Essex Chambers

‘In the Practice and Procedure Report: the perfect as the enemy of the good, and what to do when the situation changes.’

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39 Essex Chambers , 1st October 2024

Source: www.39essex.com