Month: November 2023
Guidance on Churchyard Regulations after Exhall – Law & Religion UK
‘On 16 June 2021 the Court of Arches handed down its reserved judgment Re St Giles Exhall [2021] EACC 1 on which we posted a Case Note. This appeal was prompted by the decision in Re St Giles, Exhall [2020] ECC Cov 1, where permission was denied for a faculty for a memorial stone to include the words “Inár gcroíthe go deo”: Irish Gaelic for “in our hearts forever”. In its judgment, the Arches Court considered the factors that Chancellors should take into account and apply in relation to schemes of delegation (a.k.a. “Churchyard Regulations”), and when determining faculty petitions concerning inscriptions in languages other than English.’
Law & Religion UK, 20th November 2023
Source: lawandreligionuk.com
Tales from the County Courts – housing conditions quantum, proof of notice of defects, and section 21 and gas safety certificates again – Nearly Legal
Three county court cases – all first instance judgments and non-binding, but each of interest, including the first two fitness for human habitation decisions that have come our way and a complicating decision on gas safety certificates and section 21 notices.
Nearly Legal, 19th November 2023
Source: nearlylegal.co.uk
Draft reforms to UK holiday pay rules leave room for future changes – OUT-LAW.com
‘The UK government’s response to two post-Brexit consultations on reforming holiday pay leaves the door open for more reforms in the future, according to two legal experts.’
OUT-LAW.com, 17th November 2023
Source: www.pinsentmasons.com
Generative AI could make contract negotiation “worse” – Legal Futures
‘Generative artificial intelligence (AI) could make commercial contract negotiations “worse”, the founder of contracting specialists Radiant Law has argued.’
Legal Futures, 20th November 2023
Source: www.legalfutures.co.uk
£9.8 million to be seized from man who produced steroids on commercial scale – Crown Prosecution Service
‘Mohammed Afzal who was convicted as part of a conspiracy to produce commercial quantities of illegal medical drugs has been ordered to pay back millions of pounds or face 10 extra years in prison.’
Crown Prosecution Service, 17th November 2023
Source: www.cps.gov.uk
National firm win costs order over ‘vexatious’ employment tribunal claim – Law Society’s Gazette
‘A national firm has been awarded £20,000 in costs after an employment tribunal found the claimant was vexatious and conducted proceedings unreasonably “almost from their inception.” ’
Law Society's Gazette, 20th November 2023
Source: www.lawgazette.co.uk
Fixer for small-boat people smugglers jailed for seven and a half years – The Independent
‘An Albanian woman who acted as a fixer for people smugglers arranging small boat crossings to the UK has been jailed for seven and a half years, the National Crime Agency (NCA) said.’
The Independent, 19th November 2023
Source: www.independent.co.uk
Domestic abuse: Dyfed-Powys Police failed victims, report finds – BBC News
‘Rapes, assaults and threats to kill – including a woman threatened with a blowtorch – were wrongly classed as “standard risk” by Dyfed-Powys Police, a report has found.’
BBC News, 19th November 2023
Source: www.bbc.co.uk
Revealed: 16 years in prison for stealing a bike and no hope of release – as 7 trapped in jail kill themselves – The Independent
‘Seven inmates trapped in prison under indefinite jail terms have taken their own lives since the government refused to resentence them, The Independent can reveal. The prisons watchdog has launched investigations into a string of self-inflicted deaths amid a “worrying rise” in incidents among imprisonment for public protection (IPP) prisoners – with campaigners warning the “hopelessness” associated with the controversial sentences is having tragic consequences.’
The Independent, 19th November 2023
Source: www.independent.co.uk
Inquiry says Ofsted viewed as ‘not fit for purpose’ – The Independent
‘Ofsted is in need of major reform and is seen as “not fit for purpose” according to an inquiry into the education inspectorate for England. The Beyond Ofsted inquiry called for “transformational change” and said it found Ofsted as “having a detrimental impact on schools which some perceive as toxic”.’
The Independent, 20th November 2023
Source: www.independent.co.uk
High court to consider whether universities owe students legal duty of care – The Guardian
‘The high court is to consider for the first time whether universities owe a legal duty of care to their students, which campaigners argue would save lives and bring England and Wales in line with other countries.’
The Guardian, 20th November 2023
Source: www.theguardian.com
‘I paid £30k to protect my child from her paedophile dad’ – BBC News
‘When her daughter’s father was sent to prison for child sexual abuse, Bethan was horrified to discover he could still be allowed access to their child after he was released. It was a risk she wasn’t willing to take. Outside a Cardiff courtroom, a smartly dressed young woman sits waiting, anxiously. Bethan has never been inside a family court before, but she is here to try to protect her child – whose father has been convicted of paedophile offences and is currently in jail.’
BBC News, 20th November 2023
Source: www.bbc.co.uk
Gracie Spinks inquest: Police admit failing woman killed by her stalker – BBC News
‘A police force has said it failed a woman who was stabbed to death by a former colleague who had stalked her.’
BBC News, 16th November 2023
Source: www.bbc.co.uk
Recent Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Azhar v All Money Matters t/a TFC Home Loans [2023] EWCA Civ 1341 (16 November 2023)
Campbell v NHS Business Services Authority [2023] EWCA Civ 1351 (16 November 2023)
FN (Burundi) v Secretary of State for the Home Department [2023] EWCA Civ 1350 (16 November 2023)
Court of Appeal (Criminal Division)
Brutnell, R. v [2023] EWCA Crim 1331 (15 November 2023)
Cashman, R. v [2023] EWCA Crim 1349 (15 November 2023)
High Court (Administrative Court)
Hamilton v Government of the United States of America [2023] EWHC 2893 (Admin) (16 November 2023)
Court (Chancery Division)
The Burke Partnership v The Body Shop International Ltd [2023] EWHC 2897 (Ch) (16 November 2023)
High Court (Commercial Court)
Chocolate City Ltd v WEA International Inc [2023] EWHC 2874 (Comm) (16 November 2023)
RSM Production Corporation v Gaz du Cameroun SA [2023] EWHC 2820 (Comm) (15 November 2023)
Source: www.bailii.org
Ofcom provides detail on Online Safety Act ‘illegal harms’ regime – OUT-LAW.com
‘Online content platforms operating in the UK should study recent publications issued by Ofcom to get a better handle on how the Online Safety Act will apply to them, and what they can do to meet the new legal requirements around addressing illegal content.’
OUT-LAW.com, 16th November 2023
Source: www.pinsentmasons.com
Leonid Sirota: (How) Can Big Government Be Kept Accountable? – UK Constitutional Law Association
‘This project started from an experience that will be familiar to just about any law lecturer: persuading first-year students, bewildered in their first week at university, that your subject means something to them ― even if they don’t know that yet. In my case, one argument I came up with to sell my students on constitutional law was that government is a very big deal. I return to the question of just how big a deal it is presently. For now, suffice it to say that, although some public law rules (think of the Carltona doctrine, for instance) take this into account, on the whole, the size and also the shape of government go relatively unremarked upon in public law theory.
In this post I argue, however, that they matter for thinking about government accountability. They matter beyond this too, but accountability is my topic here. It is more difficult to keep a big government accountable than a small one. In particular, it is difficult and perhaps impossible to do so through political means. Political constitutionalists who want government accountability, primarily political control of government, and big government cannot have it all.’
UK Constitutional Law Association, 16th November 2023
Source: ukconstitutionallaw.org
Unanimous Supreme Court: Rwanda removals are unlawful – UK Human Rights Blog
‘R ((AAA) Syria and Ors) v Secretary of State for the Home Department [2023] UKSC 42. The Government’s flagship policy of removing individual asylum seekers to Rwanda for their claims to be decided under the Rwandan asylum system that was announced on 14th April 2022 has been found to be unlawful by a unanimous Supreme Court.’
UK Human Rights Blog, 15th November 2023
Source: ukhumanrightsblog.com