Day: 5 February 2024

Either not Neither: further consideration of non-binary identity by the High Court – UK Human Rights Blog

Posted February 5th, 2024 in gender, human rights, news by sally

‘The Divisional Court (Lady Justice Laing and Mrs Justice Heather Williams) confirmed in R (Castellucii) v The Gender Recognition Panel and the Minister for Women and Equalities [2024] EWHC 54 (Admin) that the Gender Recognition Panel has no power under the Gender Recognition Act 2004 to issue a Gender Recognition Certificate that records an applicant’s gender as “non-binary”. It also held that this did not breach any of the Claimant’s rights under Article 14 of the European Convention of Human Rights.’

Full Story

UK Human Rights Blog, 5th February 2024

Source: ukhumanrightsblog.com

Brian Christopher Jones: Nigel Farage and the UK Constitution – UK Constitutional Law Association

Posted February 5th, 2024 in brexit, constitutional law, news by sally

‘The upheaval of the UK constitution from 2016 onwards has been associated with a host of individuals, from David Cameron to Boris Johnson to Dominic Cummings, who have received the significant bulk of academic attention in recent years. And yet, another individual has had a substantial impact upon the UK constitution during this time: Nigel Farage. But his impact has not been as direct as other constitutional actors, and has often been scorned, sidelined, or generally undocumented. I can find only passing mentions of Farage on this blog, in addition to other major blogs on the UK constitution. Most of the articles mentioning him do so fleetingly, casting him in a negative light in relation to populism and his influence on Brexit (although some take a slightly more nuanced look). And yet, controversial though he is, Mr Farage deserves more attention. Although it may be easy to discount Farage as a fringe politician that has never held domestic political office, some of the issues and challenges his involvement in politics has brought forward go to the heart of the UK’s constitutional system.’

Full Story

UK Constitutional Law Association, February 2024

Source: ukconstitutionallaw.org

Don’t ignore the Serious Medical Treatment Guidance – but let’s be clear about what the law requires – Medical Capacity Law and Policy

Posted February 5th, 2024 in codes of practice, Court of Protection, doctors, families, hospitals, medical treatment, news by sally

‘This is a post co-written by Tor Butler-Cole KC and I, prompted by the decision in GUP v EUP and UCLH NHS Foundation Trust [2024] EWCOP 3, a case in which Hayden J was concerned with a situation of a woman in her late 80s who had sustained a serious stroke and was being cared for in hospital.’

Full Story

Mental Capacity Law and Policy, 4th February 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Neath Port Talbot: Mathew Pickering jailed for life for murder – BBC News

Posted February 5th, 2024 in closed circuit television, domestic violence, imprisonment, murder, news, sentencing by sally

‘A man who murdered his on-off girlfriend has been sentenced to life in prison, with a minimum term of 17-and-a-half years.’

Full Story

BBC News, 5th February 2024

Source: www.bbc.co.uk

Court discretion and dispute resolution clauses – Law Society’s Gazette

Posted February 5th, 2024 in civil procedure rules, courts, dispute resolution, jurisdiction, local government, news by sally

‘In Lancashire Schools SPC Phase 2 Ltd v Lendlease Construction (Europe) Ltd and others [2024] EWHC 37 (TCC), the Technology and Construction Court considered whether a dispute resolution clause (DR clause) which required the parties to engage with adjudication before proceeding to litigation, ousted the jurisdiction of the court.’

Full Story

Law Society's Gazette, 2nd February 2024

Source: www.lawgazette.co.uk

Supreme Court to hear appeal in challenge concerning standing orders and committee voting – Local Government Lawyer

Posted February 5th, 2024 in appeals, local government, news, Supreme Court by sally

‘The Supreme Court has granted permission for an appeal against the Court of Appeal’s dismissal of a challenge concerning the lawfulness of Tower Hamlets Council’s standing orders requiring councillors to be present for the whole of a committee’s consideration of an item to vote on it.’

Full Story

Local Government Lawyer, February 2024

Source: www.localgovernmentlawyer.co.uk

‘I feel rejected’: Windrush Scandal victim granted judicial review after Home Office refused compensation – The Independent

Posted February 5th, 2024 in colonies, compensation, deportation, government departments, immigration, Jamaica, judicial review, news, passports, victims by sally

‘A member of the Windrush generation who was wrongly denied entry to the UK and sent to Jamaica has been granted a judicial review of his case.’

Full Story

The Independent, 4th February 2024

Source: www.independent.co.uk