Day: 9 April 2025

‘The House of Lords (Hereditary Peers) Bill is currently being debated in the Lords itself, and has reached a crucial moment. In this second post of a two-part series, Constitution Unit Director Meg Russell reviews the prospects for using the bill to achieve other long-awaited Lords reforms, beyond removing the hereditary peers. She argues that key changes, particularly to limit the size of the chamber, and improve the appointments process, should be made to the bill, as history suggests that further government legislation is unlikely to follow. These changes are in tune with public opinion, and would be consistent with promises made in Labour’s manifesto.’

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The Constitution Unit Blog, 8th April 2025

Source: constitution-unit.com

‘The House of Commons Modernisation Committee is considering potential reforms to Commons procedures, standards and working practices, and recently ran a consultation exercise to establish its priorities. In this post, Dr Daniel Gover analyses flaws with the procedures for private members’ bills and opposition days, and makes the case for reform.’

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The Constitution Unit Blog, 1st April 2025

Source: constitution-unit.com

‘In this article James Pirrie and Victoria Nottage explore the intersection between the without prejudice doctrine as it applies to mediation and the inquisitorial responsibilities of the court as bolstered by the new protocols.’

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Financial Remedies Journal, 4th April 2025

Source: financialremediesjournal.com

‘A bill based on Labour’s manifesto commitment to remove the remaining hereditary peers from the House of Lords has already passed through the House of Commons, and is now being considered in the Lords itself. In this post, the first in a two-part series, Constitution Unit Director Meg Russell reviews the background to the bill, and progress up to the end of its Lords committee stage. In a second post, she will argue that the ability to amend the bill at its coming report stage offers a rare opportunity to make progress on other small and widely supported Lords reforms – and that this should be seized.’

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The Constitution Unit Blog, 7th April 2025

Source: constitution-unit.com

‘This guest blog by lawyers Caroline Wilson Palow and Jonah Mendelsohn explores the growing use of surveillance evidence in criminal proceedings against protesters and highlights the dangers this poses to fundamental rights, including privacy and the right to a fair trial.’

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The Bar Council, 3rd April 2025

Source: www.barcouncil.org.uk

‘In family proceedings, the court has two key tools at its disposal to address the funding of litigation. The first is via a legal services payment order (an LSPO) to meet the incurrence of future legal fees (whether the statutory jurisdiction under s 22ZA of the Matrimonial Causes Act 1973 (MCA 1973) in matrimonial and financial remedy proceedings, or the common law jurisdiction, utilised in Schedule 1 and s 8 of the Children Act 1989 (CA 1989) proceedings). The second, quite distinct in nature and purpose, is a costs order, providing for one party to pay the costs that have already been incurred by the other party.’

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Financial Remedies Journal, 7th April 2025

Source: financialremediesjournal.com

‘The ubiquitous mobile phone has transformed criminal investigations and prosecutions over the last 15-20 years. Mobile phone evidence is a key tool in the fight against crime. But the phone in your pocket can also become a confession of a crime never committed. Evidence of presence at a scene, of messages received or comments made can sometimes give a false impression. How does an un-witting suspect on the wrong end of phone evidence begin to tackle what may seem like formidable evidence against him or her?’

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Doughty Street Chambers, 4th April 2025

Source: insights.doughtystreet.co.uk

‘The Children’s Wellbeing and Schools Bill, which completed its first passage through the House of Commons last month, now includes a set of corporate parenting responsibilities for Secretaries of State, the Lord Chancellor, education and health bodies, Ofsted, the Care Quality Commission and the Youth Justice Board. This is a landmark development which was proposed in 2022 by the care review established by the former Conservative government, led by Josh MacAlister who was elected Labour MP for Whitehaven and Workington in 2024.’

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The Barrister Group, 9th April 2025

Source: thebarristergroup.co.uk

‘In the recent case of Kau Media Group Limited v Thomas Hart [2025] EWHC 553 (KB), Jeremy Hyman KC sitting as a Deputy Judge of the High Court reaffirmed the principals in relation to the enforcement of post-termination restrictions (“PTRs”). This case also serves as a reminder as to the importance of pleading your case properly.’

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KCH Garden Square, 4th April 2025

Source: kchgardensquare.co.uk

‘A former reality TV star has been left with a £250,000 court bill after a dispute with his bird-breeding neighbours in a West Country hamlet. Barnes Thomas, a 29-year-old ex-London art dealer who appeared on Bear Grylls’ The Island in 2018, clashed with brothers Martin and Scott Nicholas, 32 and 31 respectively, over noisy building work on his farm in St Just, Cornwall.’

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The Independent, 9th April 2025

Source: www.independent.co.uk

‘On 1 October 2023, a new track came into force which shook up the rules on allocation and fixed costs. There are some exceptions carved out in the rules for housing matters however, which has resulted in much confusion among solicitors, barristers and even judges about whether and how this new track applies in housing matters, even a year and a half since it came into force.’

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Doughty Street Chambers, 7th April 2025

Source: insights.doughtystreet.co.uk

‘Alice Nash considers the decision, which confirms that professional firms offering insolvency services are not vicariously liable for the acts and omissions of employees accepting appointments as Receivers, as they act in a personal capacity rather than in the course of their employment.’

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Hailsham Chambers, 4th April 2025

Source: www.hailshamchambers.com

‘Pre-Sentence Reports (“PSRs”) are a crucial part of the sentencing process. They are often the deciding factor in a finding of dangerousness, or whether a custodial or community sentence is more suitable. But what is the position for a client when the PSR author raises unfounded allegations as evidence of previous offending? What grounds of objection do you have, as Defence counsel, when a Prosecutor invites the judge to rely on unfounded allegations in their assessment of dangerousness? As a Prosecutor, what are the limits to material you can put before the judge? This article, by Charlie Myatt and Eliza Harris, sets out the parameters of section 308(d) of the Sentencing Act 2020 (“SA 2020”). It considers the extent to which a judge can consider unproven allegations, matters on which no further action (NFA) has been taken, acquittals, and police intelligence in their assessment of dangerousness, and in wider sentencing considerations.’

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Drystone Chambers, 8th April 2025

Source: www.drystone.com

‘Poor-quality immigration legal aid work is having “devastating consequences” for clients and shifting an “enormous – and often unmet – burden” onto the wider non-profit advice sector, a report has found.’

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Legal Futures, 9th April 2025

Source: www.legalfutures.co.uk

‘A prison governor who began a relationship with a drug-dealing gang boss locked up in the jail she ran has been found guilty of two counts of misconduct in public office.’

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BBC News, 8th April 2025

Source: www.bbc.co.uk

‘In the last month, the Court of Appeal has heard – and dismissed – two cases involving challenges to legislation on the basis of an alleged incompatibility with Article 14 of the European Convention on Human Rights. Each case is, of course, specific to its own factual matrix. But there are also some interesting commonalities which underpin both cases, which are detailed below.’

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Administrative Court Blog, 8th April 2025

Source: administrativecourtblog.wordpress.com