26/03/2019 – Current Awareness

Recent Statutory Instruments – legislation.gov.uk

Posted March 26th, 2019 in legislation by tracey

The Insurance Distribution (Amendment) (EU Exit) Regulations 2019

The Investment Exchanges, Clearing Houses and Central Securities Depositories (Amendment) (EU Exit) Regulations 2019

The Payment Accounts (Amendment) (EU Exit) Regulations 2019

The Securitisation (Amendment) (EU Exit) Regulations 2019

The Tonnage Tax (Exception of Financial Year 2019) Order 2019

The Benchmarks (Amendment and Transitional Provision) (EU Exit) Regulations 2019

The Mortgage Credit (Amendment) (EU Exit) Regulations 2019

The Aviation Statistics (Amendment etc.) (EU Exit) Regulations 2019

The Aviation Noise (Amendment) (EU Exit) Regulations 2019

The General Food Hygiene (Amendment) (EU Exit) Regulations 2019

The Specific Food Hygiene (Amendment etc.) (EU Exit) Regulations 2019

The Contaminants in Food (Amendment) (EU Exit) Regulations 2019

The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 26th, 2019 in law reports by tracey

High Court (Administrative Court)

The Independent Workers’ Union of Great Britain, R (on the application of) v Central Arbitration Committee & Ors [2019] EWHC 728 (Admin) (25 March 2019)

High Court (Chancery Division)

Galazi & Anor v Christoforou & Ors [2019] EWHC 670 (Ch) (26 March 2019)

Source: www.bailii.org

Finding an ethical way forward for Artificial Intelligence – Technology Law Update

Posted March 26th, 2019 in artificial intelligence, data protection, news, privacy by sally

‘Artificial intelligence is making an impact in real-world situations, from agritech to music composition, and healthcare data analysis to customer service. As the technology expands, this is an important moment for establishing a competitive advantage.’

Technology Law Update, 25th March 2019

Source: www.technology-law-blog.co.uk

Philip Allott: Unexpected Denouement. The UK Remains in the EU by Mistake. The Brexit Saga Could Run and Run – UK Constitutional Law Association

Posted March 26th, 2019 in brexit, constitutional law, EC law, news, notification, time limits, treaties by sally

‘The two-year time-limit in Article 50 of the Treaty on European Union has come and gone. It is now possible that no withdrawal agreement between the European Council and the UK will be concluded. This means that the UK would leave the EU in catastrophic circumstances on April 12. An interesting final irony would be that the UK would be leaving the EU on the basis of a legal howler.’

UK Constitutional Law Association, 26th March 2019

Source: ukconstitutionallaw.org

Opposite sex civil partnerships – Religion & Law UK

Posted March 26th, 2019 in bills, civil partnerships, marriage, news by sally

‘On 15 March, the Commons considered and agreed to the Lords Amendments to Tim Loughton’s Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill, which now goes for Royal Assent. We noted that “at some point … the Government will bring forward proposals for a digital registration system and will be introducing Regulations for opposite sex civil partnerships”. Many (other) commentators were quick to suggest that the changes relating to civil partnerships, marriage certificates, &c had already been incorporated within the law. However, an examination of the Bill documents reveals that it is comprised of enabling provisions, and additional secondary legislation is necessary before any of its provisions pass into law.’

Religion & Law UK, 26th March 2019

Source: www.lawandreligionuk.com

The Extremism Database is in Breach of the European Convention on Human Rights – Oxford Human Rights Hub

Posted March 26th, 2019 in data protection, human rights, news, police, proscribed organisations, terrorism by sally

‘On 24 January 2019, the European Court of Human Rights (the ECtHR) delivered its judgment in the case of Catt v. the UK and found that police powers to retain personal data in its Extremism Database is in breach of the European Convention on Human Rights.’

Oxford Human Rights Hub, 26th March 2019

Source: ohrh.law.ox.ac.uk

Court asked to resolve confusion over Inheritance Act claims – Law Society’s Gazette

Posted March 26th, 2019 in appeals, families, family courts, news, time limits by sally

‘A case that threw a wrecking ball at the practice of lawyers making stand-still agreements over late claims could be challenged in the Court of Appeal.’

Law Society's Gazette, 25th March 2019

Source: www.lawgazette.co.uk

Catalogue of failings led to death of ‘gentle’ man at detention centre – The Guardian

Posted March 26th, 2019 in death in custody, detention, immigration, inquests, news by sally

‘A catalogue of failings contributed to the killing of a “gentle and polite” man in immigration detention, an inquest jury has found.’

The Guardian, 25th March 2019

Source: www.theguardian.com

Alexandra Sinclair and Joe Tomlinson: Brexit, Primary Legislation, and Statutory Instruments: Everything in Its Right Place? – UK Constitutional Law Association

Posted March 26th, 2019 in bills, brexit, news, parliament, regulations by sally

‘Legislation to enable Brexit is progressing through Parliament. This includes the Immigration and Social Security Bill, the Fisheries Bill, the Financial Services (Implementation of Legislation) Bill, and the Healthcare (International Arrangements) Bill. One curious aspect of this raft of new law is that, at the same time these Bills are making their way through Parliament, statutory instruments (SIs) addressing some of the very same subject matters are also being laid. While this approach may find justification in some contexts, we argue in this post that the particular way this is being executed in some circumstances seems broadly at odds with the Government’s own stated approach to the process.’

UK Constitutional Law Association, 25th March 2019

Source: ukconstitutionallaw.org

UK Home Office tendering for Modern Slavery Act compliance role – OUT-LAW.com

Posted March 26th, 2019 in forced labour, news, tenders, trafficking in human beings by sally

‘The UK Home Office is tendering for a partner to conduct an audit of corporate compliance with the reporting requirements set out in section 54 of the 2015 Modern Slavery Act (‘the Act’).’

OUT-LAW.com, 26th March 2019

Source: www.out-law.com

Environment Agency obtains £200k confiscation order against waste operator – Local Government Lawyer

Posted March 26th, 2019 in confiscation, environmental protection, news, waste by sally

‘The Environment Agency has secured a £200,000 confiscation order against a waste operator over environmental offences at sites he operated with his brother in Swindon.’

Local Government Lawyer, 25th March 2019

Source: www.localgovernmentlawyer.co.uk

High Court: Media accused barrister of making death threats – Legal Futures

Posted March 26th, 2019 in barristers, bullying, defamation, harassment, media, news by sally

‘Barrister Barbara Hewson was accused by The Times and MailOnline of making death threats to a law student and subjecting him to “repeated acts of harassment and online bullying”, the High Court has held.’

Legal Futures, 26th March 2019

Source: www.legalfutures.co.uk

Environmental lawyers fire warning to councils on legal risk of air pollution “inaction” – Local Government Lawyer

Posted March 26th, 2019 in environmental protection, local government, news, pollution by sally

‘Environmental law charity ClientEarth has warned 38 local authorities in England and Wales of the legal risk of inaction on air pollution.’

Local Government Lawyer, 25th March 2019

Source: www.localgovernmentlawyer.co.uk

Man sentenced to 24 years for murder of released child killer – The Guardian

Posted March 26th, 2019 in child abuse, murder, news, perverting the course of justice, sentencing by sally

‘A man has been jailed for at least 24 years after being found guilty of torturing and stabbing to death a convicted child killer shortly after he was released from prison.’

The Guardian, 25th March 2019

Source: www.theguardian.com

Firm told to compensate transgender client for using birth name – Legal Futures

Posted March 26th, 2019 in change of name, compensation, law firms, news, ombudsmen, transgender persons by sally

‘A law firm that addressed a transgender woman by her birth name has been ordered to pay compensation by the Legal Ombudsman (LeO).’

Legal Futures, 26th March 2019

Source: www.legalfutures.co.uk

Coroners could investigate stillbirths, say ministers – BBC News

Posted March 26th, 2019 in birth, children, coroners, inquests, news by sally

‘Coroners in England and Wales may be given new powers to investigate stillbirths, so that each baby death is independently assessed.’

BBC News, 26th March 2019

Source: www.bbc.co.uk

Key to prison education handed to governors – The Guardian

Posted March 26th, 2019 in education, news, prisons by sally

‘Jails in England and Wales are to take over educating their inmates – but will that increase the chances of success?’

The Guardian, 26th March 2019

Source: www.theguardian.com

‘Mortgage prisoners’ given help by City regulator – BBC News

Posted March 26th, 2019 in financial regulation, housing, mortgages, news by sally

‘A change of rules aimed at helping lower the housing costs of thousands of so-called “mortgage prisoners” has been proposed by the City watchdog.’

BBC News, 26th March 2019

Source: www.bbc.co.uk

CPS under fire for delay in charging man accused of raping boy, 12 – The Guardian

Posted March 26th, 2019 in child abuse, Crown Prosecution Service, delay, news, prosecutions, rape by sally

‘The Crown Prosecution Service has come under fire for waiting nearly a year and a half to charge a man accused of raping a 12-year-old boy despite him admitting to the crime.’

The Guardian, 25th March 2019

Source: www.theguardian.com

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