Does judicial review of delegated legislation under the Human Rights Act 1998 unduly interfere with executive law-making?- UK Constitutional Law Association

‘The relationship between delegated legislation and the Human Rights Act 1998 (HRA) is seemingly becoming a more contentious constitutional issue. Professor Richard Ekins published, as part of the Policy Exchange’s Judicial Power Project, an agenda for constitutional reform under the title of Protecting the Constitution. Amongst an extensive set of reform suggestions, Ekins proposes that the relationship between human rights, the courts, and delegated legislation ought to be recast.’

Full Story

UK Constitutional Law Association, 22nd February 2021

Source: ukconstitutionallaw.org

Victims of human trafficking: can they be criminals as well? – UK Human Rights Blog

Posted February 23rd, 2021 in children, human rights, news, prosecutions, trafficking in human beings, victims by tracey

‘V.C.L. and A.N. v the United Kingdom (16 February 2021). Human trafficking is internationally recognised as threatening human rights and the fundamental values of democratic societies. States have taken action to prevent, suppress and punish trafficking and to provide support to victims of what is the third largest illicit money-making venture in the world. But what happens when the victims of trafficking commit a crime themselves? Should they be prosecuted? What factors are relevant in this assessment? And which arm of the State should the assessment of whether someone is a victim of trafficking be entrusted to? This is the first time the European Court of Human Rights has tackled these questions. The Court found that the UK had breached its obligations under articles 4 and 6 of the European Convention on Human Rights by prosecuting two Vietnamese children who were potential victims of trafficking.’

Full Story

UK Human Rights Blog, 22nd February 2021

Source: ukhumanrightsblog.com

What Brexit means for employers and the right to work – EIN Blog

‘In simple terms, Brexit means that EU/EEA nationals are now treated the same way as non-EU/EEA nationals. This fact may, however, not be a lot of help to employers who have only ever recruited from the UK, EU and EEA. With that in mind, here is a quick guide to the new rules.’

Full Story

EIN Blog 22nd February 2021

Source: www.ein.org.uk

Contract interpretation – who has commercial common sense? – Practical Law: Construction Blog

Posted February 23rd, 2021 in construction industry, contracts, interpretation, news by tracey

‘The dust is slowly settling over the arguments about how contracts should be interpreted. We know that “this is not a literalist exercise focused solely on a parsing of the wording of the particular clause” and that “[t]extualism and contextualism are not conflicting paradigms in a battle for exclusive occupation of the field of contractual interpretation” (as stated by Lord Hodge in Wood v Capita Insurance Services Ltd). That means the factual background (matrix of fact) and commercial common sense still have a role to play where the plain meaning of the words is not clear (which is usually the reason why there is a dispute in the first place).’

Full Story

Practical Law: Construction Blog, 23rd February 2021

Source: constructionblog.practicallaw.com

No interest on general damages in police actions – UK Police Law Blog

Posted February 23rd, 2021 in damages, interest, news, police by tracey

‘The Court of Appeal has reiterated, in Rees v Commissioner of Police of the Metropolis [2021] EWCA Civ 49, that since non-pecuniary damages in civil claims against the police. e.g. for loss of liberty, or distress and inconvenience, are generally assessed by reference to all matters leading up to the judgment, there will usually be no need for an additional award of interest. A substantial award of exemplary damages – £150,000, split between three claimants, was upheld on the basis that the case had involved an egregious prosecution set in motion by an officer of very senior rank (a Detective Chief Superintendent).’

Full Story

UK Police Law Blog, 22nd February 2021

Source: ukpolicelawblog.com

Civil servants union launches legal challenge over decision by PM that Home Secretary did not breach ministerial code in ‘bullying’ case – Local Government Lawyer

‘Civil servants union launches legal challenge over decision by PM that Home Secretary did not breach ministerial code in “bullying” case.

Full Story

Local Government Lawyer, 22nd February 2021

Source: www.localgovernmentlawyer.co.uk

Council to pay more than £7,000 to Year 10 pupil left without a school for more than a year – Local Government Lawyer

‘Leicestershire County Council has agreed to apologise and pay a teenager £7,200 after an investigation from the Local Government and Social Care Ombudsman (LGSCO) found it left her without an academy school place for nearly 14 months.’

Full Story

Local Government Lawyer, 23rd February 2021

Source: www.localgovernmentlawyer.co.uk

Court draws adverse inferences from “deliberate destruction” of emails – Litigation Futures

Posted February 23rd, 2021 in electronic mail, estoppel, evidence, film industry, guarantees, news by tracey

‘A High Court has described the double deletion by a witness for the claimant of crucial emails on the eve of the trial of a film financing dispute as a “very serious misdeed”.’

Full Story

Litigation Futures, 23rfd February 2021

Source: www.litigationfutures.com

Senior barrister rails against ‘direct access discrimination’ – Legal Futures

Posted February 23rd, 2021 in barristers, diversity, fees, law firms, news by tracey

‘Direct access barristers can be looked down on, and ignored by legal directories, because they do not have solicitors or other professional clients singing their praises, a leading family law specialist has argued.’

Full Story

Legal Futures, 23rd February 2021

Source: www.legalfutures.co.uk

Bar Standards Board publishes report on diversity of its members and staff – Bar Standards Board

Posted February 23rd, 2021 in barristers, diversity, news, reports by tracey

‘The Bar Standards Board (BSB) has today published its annual report, Diversity of BSB Staff and Board Members 2020. It follows the publication of the Diversity of the Bar report 2020, which showed that while diversity in the profession was gradually increasing, further progress was needed.’

Full Story

Bar Standards Board, 22nd February 2021

Source: www.barstandardsboard.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 23rd, 2021 in legislation by tracey

The National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Coronavirus) (Amendment) Regulations 2021

The Nutrition (Amendment) and Food for Specific Groups (Food for Special Medical Purposes for Infants, Infant Formula and Follow-on Formula) (Information and Compositional Requirements) (Amendment) Regulations 2021

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 8) Regulations 2021

The Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) Regulations 2021

The Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021

The Zoonoses (Amendment) (England) Order 2021

UK firms given six months’ grace on gender pay gap reporting – The Guardian

Posted February 23rd, 2021 in enforcement, gender, news, notification, remuneration, time limits by tracey

‘Companies that fail to meet the gender pay gap reporting deadline of 4 April will be given a six-month reprieve before any enforcement action is taken against them. The Equality and Human Rights Commission (EHRC) said companies should report by the deadline if possible, but confirmed it would not begin enforcement proceedings until 4 October.’

Full Story

The Guardian, 22nd February 2021

Source: www.theguardian.com

MI6 ‘body-in-bag’: Spy Gareth Williams’ London flat death reviewed – BBC News

Posted February 23rd, 2021 in DNA, evidence, inquests, news, unlawful killing by tracey

‘The death of an MI6 agent whose naked body was found inside a locked holdall at his London flat is to be reviewed. Metropolitan Police investigators said new information about Gareth Williams, who died in 2010, had come to light.’

Full Story

BBC News, 22nd February 2021

Source: www.bbc.co.uk

Uber accused of trying to deter drivers from seeking compensation – The Guardian

Posted February 23rd, 2021 in compensation, holiday pay, minimum wage, news, self-employment, Supreme Court, taxis by tracey

‘Uber has been accused of trying to deter drivers from seeking compensation for missed holiday and minimum wage payments after a landmark court ruling.’

Full Story

The Guardian, 22nd February 2021

Source: www.theguardian.com

Ex-Labour staffer goes to court to try to identify leaker of antisemitism report – The Guardian

‘A former senior Labour staffer has taken the party to court in an attempt to force it to disclose the identity of the leaker of a report on antisemitism in the party that contained hundreds of private WhatsApp messages.’

Full Story

The Guardian, 22nd February 2021

Source: www.theguardian.com

Leader of Islamist terrorist network jailed for over 3 years after sparking manhunt at UK borders – The Independent

‘A senior leader of a terrorist network has been jailed after sparking a manhunt that caused nine-hour tailbacks in Dover.’

Full Story

The Independent, 23rd February 2021

Source: www.independent.co.uk