Baroness Brenda Hale on a Long Career in the Law – Law Pod UK

Posted January 22nd, 2025 in news by Lily

‘Lady Hale discusses with Rosalind English the development of the right to privacy, reflects in her career in academia and the Law Commission, and ponders on the position of women in the legal profession today.’

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Law Pod UK, 20th January 2025

Source: audioboom.com

Dane Luo: R (Jwanczuk) v Work and Pensions Secretary: Bringing a Comparative Lens to Judicial Precedent on Inter-jurisdictional Laws – UK Constitutional Law Association

Posted January 22nd, 2025 in news by Lily

‘The Supreme Court will hear the appeal in R (Jwanczuk) v Secretary of State for Work and Pensions (UKSC/2023/0152) on 11 and 12 March 2025. One of the issues is the circumstances in which courts in England and Wales may depart from decisions of appellate courts in Northern Ireland and Scotland regarding laws of inter-jurisdictional operation (that is, laws passed by the Westminster Parliament that apply throughout the UK, or where identical or materially similar laws have been enacted in multiple jurisdictions). On one hand, the classical exposition of stare decisis is that it operates vertically, such that decisions by extra-hierarchical courts are never binding. But if stare decisis is concerned with predictability and enabling the public to legitimately rely on past decisions in carrying out their affairs, those aspirations would not be met if the same provisions were given two different meanings depending on whether one is north or south of the Tweed (or if one is to the east or west of the Irish Sea in Great Britain or Northern Ireland).’

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UK Constitutional Law Association, 22nd January 2025

Source: ukconstitutionallaw.org

Parks and interpretation – Wyldecrest Parks Management Ltd [2024] UKUT 355 (LC) – Gatehouse Chambers

Posted January 22nd, 2025 in news by sally

‘It’s time to unwrap Rule 7(6) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (‘the Tribunal Rules’): the Upper Tribunal (‘UT’) has held in Wyldecrest Parks Management Ltd [2024] UKUT 355 (LC) that the First-tier Tribunal (‘FTT’) is not entitled under Rule 7(6) to require one party to serve the Tribunal’s directions on another, but must do so itself.’

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Gatehouse Chambers, 11th December 2024

Source: gatehouselaw.co.uk

Thatchers triumph in Court of Appeal copycat battle – OUT-LAW.com

Posted January 22nd, 2025 in news by Lily

‘A recent court of Court of Appeal decision is “game changing” for brand owners and signals a renewed commitment by the UK courts to protecting brand identity and ensuring fair competition, experts have said.’

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OUT-LAW.com, 21st January 2025

Source: www.pinsentmasons.com

Assisted dying bill amendment aims to close potential ‘anorexia loophole’ – The Guardian

Posted January 22nd, 2025 in news by Lily

‘MPs will look to close a potential anorexia loophole in the assisted dying bill that psychiatrists fear could result in people with severe eating disorders using it to end their lives. The Liberal Democrat MP Sarah Olney, who sits on the committee of MPs that will scrutinise the proposed law, is tabling an amendment to tighten the language around mental capacity.’

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The Guardian, 21st January 2025

Source: www.theguardian.com

MPs meet to scrutinise assisted dying bill for first time – The Independent

Posted January 22nd, 2025 in news by Lily

‘The crucial committee which will scrutinise the assisted dying bill was told to be “civil and courteous” as members met for the first time ahead of expert evidence hearings at the end of January. The 23-member committee has a majority of MPs who are supportive of assisted dying, including two government ministers Stephen Kinnock and Sarah Sackman. The MPs, who will test the proposed legislation line by line, met on Tuesday to set out the timetable for the inquiry process.’

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The Independent, 21st January 2025

Source: www.independent.co.uk

Prince Harry case against Sun publisher delayed – BBC News

Posted January 22nd, 2025 in news by Lily

‘The opening day of Prince Harry’s damages battle against the owners of The Sun newspaper has been delayed after it emerged that the two sides are involved in potential settlement talks after years of legal warfare.’

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BBC News, 21st January 2025

Source: www.bbc.co.uk

Southport attack: why is so much information being published only now? – The Guardian

Posted January 22nd, 2025 in news by Lily

‘Axel Rudakubana, 18, on Monday pleaded guilty to the murders of three young girls – Bebe King, six, Elsie Dot Stancombe, seven, and Alice Dasilva Aguiar, nine – and the attempted murder of eight other children and two adults at a Taylor Swift-themed dance class in Southport last summer. He also admitted producing the biological toxin ricin, and possessing a terrorist handbook about al-Qaida. The guilty pleas have triggered a deluge of new information about the teenage attacker and how he had been known to the authorities before the atrocity on 29 July last year. It has also prompted searching questions about how the state failed to stop the attack – and whether there has been a cover-up. Here we answer some of the key questions about the Southport attack.’

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The Guardian, 21st January 2025

Source: www.theguardian.com

Law experts demand inquiry into Met policing of pro-Palestine protest – The Guardian

Posted January 22nd, 2025 in news by Lily

‘More than 40 legal scholars have signed a letter calling for an independent inquiry into the Met’s policing of a pro-Palestine protest in London on Saturday, describing it as “a disproportionate, unwarranted and dangerous assault on the right to assembly and protest”.’

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The Guardian, 21st January 2025

Source: www.theguardian.com

Woman awarded thousands after routine tooth extraction leaves her in intensive care – The Independent

Posted January 22nd, 2025 in news by Lily

‘A London mother-of-three has received an £8,500 settlement after a routine tooth extraction resulted in a fractured jaw, haemorrhage and a stay in intensive care.’

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The Independent, 22nd January 2025

Source: www.independent.co.uk

PM statement on the Southport public inquiry: 21 January 2025 – Prime Minister’s Office, 10 Downing Street

Posted January 22nd, 2025 in news by Lily

‘Prime Minister Keir Starmer delivered a statement on the Southport public inquiry today.’

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Prime Minister's Office, 10 Downing Street, 21st January 2025

Source: www.gov.uk

How the personal injury discount rate change affects you and your clients – St John’s Chambers

Posted January 22nd, 2025 in news by sally

‘Following the 2024 Personal Injury Discount Rate (DR) review, the current DR of -0.25% will change to +0.5%, effective from 11 January 2025.’

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St John's Chambers, 12th December 2024

Source: www.stjohnschambers.co.uk

Commerce over care: exploring legal advice given in potential economic abuse cases – Legal Ethics

Posted January 22nd, 2025 in news by sally

‘This paper argues that solicitors are required to lawyer relationally when delivering independent legal advice (ILA) to (predominantly) women set to provide suretyship for their intimate partner’s debts. Case law tells us that women providing suretyship may be entering the transaction under the coercion of their partner. Coerced debt is a form of economic abuse, which in turn is a form of domestic abuse. ILA in this context therefore provides an important intervention to potentially assist victims of abuse before entering (potentially more) debt at the hands of their abuser. To make ILA purposeful, solicitors must prioritise relational values/dynamics such as consultation, care, judgement, and empowerment; the anti-thesis of market-exchange lawyering which is characterised by the values such as objectivity and detachment. Market-exchange lawyering is also associated with ethical apathy as lawyers prioritise their client’s means-ends above all else, therefore failing to consider the broader implications of those ends (in terms of their client’s best interests and/or the public interest). Drawing on interview data with 22 solicitors, it is demonstrated that most interviewees provide tick-box ILA prioritising completion. That is, most interviewees prioritised values of commerce over values of care when acting for women who may be experiencing economic abuse.’

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Legal Ethics, 15th January 2025

Source: www.tandfonline.com

New Acts – legislation.gov.uk

Posted January 22nd, 2025 in legislation by tracey

Financial Assistance to Ukraine Act 2025 c. 3

Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Act 2025 c.2

Lords Spiritual (Women) Act 2015 (Extension) Act 2025 c.1

Source: www.legislation.gov.uk