Councils demand urgent attention for adult social care on tenth anniversary of Care Act – Local Government Lawyer

Posted May 17th, 2024 in local government, news, social services by sally

‘Governments should stop treating adult social care as a political football and make a substantial long-term investment in it to mark the tenth anniversary of the Care Act 2014.’

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Local Government Lawyer, 16th May 2024

Source: www.localgovernmentlawyer.co.uk

Applying Laws Across Time: Disentangling the ‘Always Speaking’ Principles – Oxford Journal of Legal Studies

Posted May 17th, 2024 in judges, judiciary, legislative drafting, news, statutory interpretation by sally

‘Common-law judges frequently claim to apply the “always speaking” principle. But they recognise that they are not clear on what it means, with Lord Leggatt recently calling the metaphor “enigmatic”. In this article, I seek to clarify this by showing that the “always speaking” metaphor is associated with at least four different types of principle, each of which responds to a distinct issue (although there is a common theme: change over time). I explore the origins of the “always speaking” metaphor, distinguish the four issues and explain how they relate. I argue that it is important to disentangle the four types of “always speaking” principle, with a focus on distinguishing principles of dynamic (versus originalist) interpretation from principles that empower judges to strain or “recast” legislation to deal with new developments sensibly. In doing so, I analyse and critique the judgments in the recent UK Supreme Court case of News Corp.’

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Oxford Journal of Legal Studies, 10th May 2024

Source: academic.oup.com

Kent NHS trust made failures in care of six-year-old girl, inquest finds – The Guardian

‘An inquest into the death of a six-year-old girl has concluded an NHS hospital trust made a number of failures in her care before she died.’

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The Guardian, 16th May 2024

Source: www.theguardian.com

Non-fatal strangulation and suffocation offences: proposed sentencing guideline published – Sentencing Council

Posted May 17th, 2024 in appeals, consultations, domestic violence, news, sentencing by sally

‘A draft sentencing guideline for sentencing offenders convicted of non-fatal strangulation and non-fatal suffocation offences in courts across England and Wales, was published for consultation by the Sentencing Council today.’

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Sentencing Council, 15th May 2024

Source: www.sentencingcouncil.org.uk

R v Michaela Community Schools Trust: Human Rights and Freedom of Religion in the UK – Oxford Human Rights Hub

‘The relationship between Islam, religious freedom, and human rights has long been a subject of debate in Britain. However, the significance of the latest instalment in this saga, the judgment of R v Michaela Community Schools Trust, lies not in Islam’s relationship with secularism or human rights but instead in illustrating the incoherence of British ideas on freedom of religion.’

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Oxford Human Rights Hub, 16th May 2024

Source: ohrh.law.ox.ac.uk

UK climate activists convicted in first trial of new anti-protest laws – The Guardian

‘Three climate activists have been convicted of “interference with key national infrastructure” by marching in the road in west London for 20 minutes, in the new offence’s first test at trial.’

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The Guardian, 15th May 2024

Source: www.theguardian.com

Greenwashing: Where are we now? – Mills & Reeve

‘Organisations are feeling the pressure more than ever to offer sustainable and environmentally conscious products and services to consumers. However, with the push to appear more eco-friendly comes the risk of over-exaggerating or misleading others with statements about green credentials.’

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Mills & Reeve, 16th May 2024

Source: www.mills-reeve.com

Family President issues guidance on urgent and out of hours applications to High Court Family Division – Local Government Lawyer

Posted May 17th, 2024 in families, family courts, judges, news by sally

‘The President of the Family Division, Sir Andrew McFarlane, has issued practice guidance on urgent applications, out of hours applications and bundles in the Family Division of the High Court.’

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Local Government Lawyer, 16th May 2024

Source: www.localgovernmentlawyer.co.uk

Barristers turning away from government legal work over frozen fees – Legal Futures

Posted May 17th, 2024 in barristers, fees, government departments, judiciary, news, remuneration by sally

The failure to increase the rates of pay for barristers handling government work since 1997 has created a “very high level of dissatisfaction and exasperation”.

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Legal Futures, 17th May 2024

Source: www.legalfutures.co.uk

UK to introduce new offence of causing death or injury by dangerous cycling – The Guardian

Posted May 17th, 2024 in bicycles, bills, criminal justice, dangerous driving, homicide, news by sally

‘A new offence of causing death or serious injury by dangerous, careless or inconsiderate cycling is to be introduced.’

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The Guardian, 15th May 2024

Source: www.theguardian.com

Bailiff evictions of renting households at six-year high, says MoJ – The Guardian

‘Bailiffs are evicting more renting households than at any time in the last six years, the Ministry of Justice has said, as protesters chanted for rent controls outside the HQ of Britain’s biggest listed private landlord.’

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The Guardian, 16th May 2024

Source: www.theguardian.com

High Court judge finds decision by planning inspector that appeal was not properly made was wrong – Local Government Lawyer

‘An inspector failed to properly consider the position of a company that had entered liquidation while pursuing a planning appeal, the High Court has found.’

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Local Government Lawyer, 16th May 2024

Source: www.localgovernmentlawyer.co.uk

Rwanda plan expanded to include failed asylum seekers – BBC News

‘Failed asylum seekers could be sent to Rwanda following an expansion of deportation plans from the Home Office.’

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BBC News, 15th May 2024

Source: www.bbc.co.uk

Small Data: damage, distress and the development of a new type of claim – Law Pod UK

‘Jasper Gold of 1 Crown Office Row joins Lucy McCann to explore “small data” claims, where data and personal injury law intersect.’

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Law Pod UK, 15th May 2024

Source: audioboom.com

Barrister who fell asleep during inquest cleared of misconduct – The Guardian

‘A barrister who wrote a book on sleepwalking and who fell asleep during a coroner’s inquest has been cleared of all professional misconduct charges.’

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The Guardian, 15th May 2024

Source: www.theguardian.com