26/03/2025 – Current Awareness

The United Kingdom constitution – a mapping exercise – House of Commons Library

Posted March 26th, 2025 in constitutional law, news, parliament by sally

‘It is often said that the constitution of the United Kingdom of Great Britain and Northern Ireland is “unwritten”, or even that it does not exist. In fact, and as the Law Wales website notes, “most of the laws, conventions and understandings relating to the constitution are written down”, it is just that “they cannot be found conveniently written down all in one place”. This lack of a codified constitution makes the UK unusual but not unique: Israel and New Zealand also lack fully codified constitutions.’

House of Commons Library, 25th March 2025

Source: commonslibrary.parliament.uk

Public redress in UK competition enforcement: a study of rationales and techniques – Journal of Antitrust Enforcement

Posted March 26th, 2025 in compensation, competition, enforcement, news by sally

‘Competition authorities’ potential role in providing redress for victims of competition infringements has attracted growing interest in Europe. This is attributed to the perceived lack of compensation for victims and the attendant deterrent effect due to the continued shortcomings of private enforcement. The increasing use of alternative regulatory techniques in certain fields has also contributed to this discourse. This article discusses and puts forward a typology of possible public redress mechanisms, from compulsive disgorgement to voluntary redress, drawing on lessons from the USA and other fields. Public redress aligns with competition authorities’ role, helps promote access to justice, fills deterrence gaps, and cultivates a competition culture. While the article focuses on the UK and how public redress might be implemented in that jurisdiction, the analysis may also apply to European Union Member States, especially those with less developed collective proceedings regimes.’

Journal of Antitrust Enforcement, 12th March 2025

Source: academic.oup.com

E-petitioning Parliament: Understanding the connections between citizens and the UK Parliament – Parliamentary Affairs

Posted March 26th, 2025 in consultations, news, parliament by sally

‘2025 marks ten years since the UK Government and Parliament e-petitions system was established in a context of political dissatisfaction and disengagement with representative democracy. This article responds to calls for empirically grounded research about the mechanisms that connect citizens to their representative institutions by focussing on parliamentary e-petitions as a popular tool for citizen engagement with political processes. It presents findings from qualitative research with animal welfare e-petition creators, campaigners, and the MPs who supported them to highlight the role played by petitioners themselves in ensuring that their voices are heard. It also considers the ‘added value’ of e-petitions as a political campaigning tool from the perspective of petitioners by highlighting the spillover effects that arise from using an e-petition system that has formal ties to parliament. In doing so this article makes novel contributions to understandings of political participation via institutionally facilitated democratic innovations.’

Parliamentary Affairs, 14th March 2025

Source: academic.oup.com

Denouncing the ‘One Voice’ Doctrine – Oxford Journal of Legal Studies

Posted March 26th, 2025 in constitutional law, evidence, foreign jurisdictions, international law, news, state immunity by sally

‘The ‘one voice’ doctrine holds that the executive’s recognition of foreign states and governments is conclusive evidence of their status as such in English proceedings. However, the doctrine—properly understood as an irrebuttable presumption of status—is beset with theoretical and practical problems. Here, I argue that courts should abandon it, for three reasons: first, the doctrine is motivated by overbroad accounts of the executive’s foreign affairs prerogative; second, it suffers from inconsistencies on matters of scope, which its underlying justifications cannot resolve; and third, the doctrine creates conceptual incoherence, undermining the purpose of other doctrines which operate contingently upon it. In its place, courts should adopt an alternative rule, triggering a rebuttable presumption of status and attributing evidential weight to executive certificates, which avoids these problems while still serving the ‘one voice’ doctrine’s only legitimate purpose: helping courts reliably answer questions of status.’

Oxford Journal of Legal Studies, Spring 2025

Source: academic.oup.com

Economic abuse, the bank, and the devil in the detail: One Savings Bank plc v Catherine Waller-Edwards [2024] EWCA Civ 302 – Legal Studies

Posted March 26th, 2025 in banking, mortgages, news, surety, undue influence by sally

‘In One Savings Bank plc v Catherine Waller-Edwards,1 the Court of Appeal considered – for the first time – whether banks are put on constructive notice to potential undue influence in joint benefit remortgage/suretyship hybrid transactions. At a time where there is an increasing awareness of economic abuse as a form of domestic abuse,2 this appeal offered an important opportunity to reassess banks’ responsibilities in assisting potential victim-survivors. Unfortunately, that opportunity was not seized. In this case comment, I set out the negative impacts the Court of Appeal judgment could have on victim-survivors of economic abuse going forward, and how these concerns could – since this case has now been given leave to appeal – be addressed by the Supreme Court.’

Legal Studies, 7th February 2025

Source: www.cambridge.org

The Mental Element of Accessory Liability in Tort – Cambridge Law Journal

Posted March 26th, 2025 in joint liability, news, strict liability, trade marks by sally

‘Hornby Street Ltd. (“Hornby”) infringed the registered trademarks of Lifestyle. Hornby was therefore strictly liable in tort ([2017] EWHC 3313 (Ch), [2018] F.S.R. 15). However, Hornby went into administration. Lifestyle therefore sued two directors of Hornby, the Ahmeds, claiming that they were jointly and severally liable with Hornby for the infringements, and sought an account of profits from them. Lifestyle was successful both at first instance ([2020] EWHC 688 (Ch), [2020] F.S.R. 29) and in the Court of Appeal ([2021] EWCA Civ 675, [2021] Bus. L.R. 1020). The Supreme Court rightly allowed the Ahmeds’ appeal: Lifestyle Equities CV v Ahmed [2024] UKSC 17, [2024] 2 W.L.R. 1297. In a compelling and comprehensive judgment, Lord Leggatt held that the Ahmeds could not be primarily liable for the infringement, and nor could they be liable as accessories since there was no finding that they knew of the unlawful infringement of Lifestyle’s rights. This latter point is likely to be of wider importance: the Supreme Court recognised a general principle of accessory liability in private law, and that accessory liability is never strict but depends upon the accessory’s knowledge of the primary wrong.’

Cambridge Law Journal, January 2025

Source: www.cambridge.org

“Outrageous” delays persist for complex probate matters – Legal Futures

Posted March 26th, 2025 in complaints, delay, news, probate by sally

‘Improvements in the probate system are not filtering through to complex cases, according to a specialist solicitor who has lodged a complaint over “outrageous” delays she has suffered.’

Legal Futures, 26th March 2025

Source: www.legalfutures.co.uk

Some water boss bonuses in England could be banned, says Ofwat – The Guardian

Posted March 26th, 2025 in consultations, environmental protection, news, pollution, remuneration, water, water companies by sally

‘Bonuses for water bosses in England could be banned this year for companies that spill sewage, break the law or mismanage their finances, Ofwat has announced.’

The Guardian, 25th March 2025

Source: www.theguardian.com

Windrush victims could have compensation reconsidered after ruling – The Guardian

Posted March 26th, 2025 in citizenship, colonies, compensation, immigration, judicial review, ministers' powers and duties, news by sally

‘Windrush scandal victims who were denied compensation could have their cases reconsidered after a landmark ruling against the Home Office.’

The Guardian, 25th March 2025

Source: www.theguardian.com

Access to Family Court documents under the open justice principle – Transparency Project

Posted March 26th, 2025 in appeals, BBC, disclosure, family courts, news, reporting restrictions by sally

‘Journalists and legal bloggers (reporters) are normally allowed to see certain types of documents under the Reporting Provisions that came in this year, and earlier during the Reporting Pilot. Sometimes reporters ask to see other relevant documents, and there’s a process for applying to do this. This blog post is about a case where the BBC have been following a case in the family courts in which they asked for, and were given permission to see, certain extra documents. However, other parties in the case weren’t happy about this and applied for permission to appeal (PTA) against that order for disclosure of the documents.’

Transparency Project, 24th March 2025

Source: transparencyproject.org.uk

Joey Barton handed 12-week suspended prison sentence for assaulting his wife – The Guardian

Posted March 26th, 2025 in assault, domestic violence, married persons, news, sentencing, suspended sentences by sally

‘The former footballer Joey Barton has been handed a 12-week suspended prison sentence after being found guilty of assaulting his wife at their family home in south-west London in June 2021.’

The Guardian, 25th March 2025

Source: www.theguardian.com

Maternity leave sex discrimination case settled for £215,000 – The Independent

Posted March 26th, 2025 in compensation, disability discrimination, maternity leave, news, Northern Ireland, sex discrimination, victimisation by sally

‘A woman who alleged she was discriminated against for not being given the opportunity for promotion while on maternity leave has settled the case for £215,000.’

The Independent, 26th March 2025

Source: www.independent.co.uk

University of Sussex fined £585,000 for failing to uphold freedom of speech – The Guardian

Posted March 26th, 2025 in fines, freedom of expression, gender, news, transgender persons, universities by sally

‘England’s university regulator has been accused of “perpetuating the culture wars” after fining the University of Sussex a record £585,000 at the conclusion of an investigation into freedom of speech on campus.’

The Guardian, 26th March 2025

Source: www.theguardian.com

First place in British Isles approves right to die – BBC News

Posted March 26th, 2025 in assisted suicide, bills, news by sally

‘Proposed laws to give terminally ill adults on the Isle of Man the right to choose to end their own lives have been agreed by the Manx parliament.’

BBC News, 25th March 2025

Source: www.bbc.co.uk

Animals as Legal Subjects – Law Pod UK

Posted March 26th, 2025 in animals, chambers articles, food, news, podcasts by sally

‘Rosalind English discusses the Animal Sentience Act with Edie Bowles of the Animal Law Foundation and Dr Rachel Dunn of Leeds Beckett. We explore the extent of this and other animal welfare laws in terms of compliance and enforceability, particularly for the billions of animals kept inside and in confined quarters, in order to end up on our supermarket shelves.’

Law Pod UK, 24th March 2025

Source: audioboom.com

Assisted dying law could take four years to implement – BBC News

Posted March 26th, 2025 in assisted suicide, bills, news, parliament, time limits by sally

‘A new assisted dying law for England and Wales could take up to four years to fully implement due to additional safeguards being adopted as the bill goes through Parliament.’

BBC News, 25th March 2025

Source: www.bbc.co.uk

Protocol issued on disclosure of information between Coroners and Family Court in cases involving fatality – Local Government Lawyer

Posted March 26th, 2025 in coroners, disclosure, family courts, news, practice directions by sally

‘The President of the Family Division and the Chief Coroner have this week (24 March) published guidance on good practice for Family Court Judges and Coroners where there are parallel proceedings in their jurisdictions.’

Local Government Lawyer, 25th March 2025

Source: www.localgovernmentlawyer.co.uk

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