Katie Lines: Law and Guidance in a Public Health Emergency – UK Constitutional Law Association

Posted January 29th, 2025 in constitutional law, coronavirus, government departments, health, news, rule of law by tracey

‘The use of law and guidance in a public health emergency was one of the issues explored by the Independent Commission on UK Public Health Emergency Powers. The Commission, chaired by the Rt. Hon. Sir Jack Beatson FBA and supported by the Bingham Centre for the Rule of Law, conducted an intensive review of the constitutional and rule of law dimensions of the UK’s Covid-19 response and emergency powers framework. Neither the UK nor Scottish Covid-19 Inquiries are focussing on these aspects of the pandemic response, and so the Commission was launched to fill this gap. Its report was published last spring and makes 44 recommendations for changes in law, policy, practice and procedure.’

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UK Constitutional Law Association, 29th January 2025

Source: ukconstitutionallaw.org

Stricter age-verification checks for all knife retailers – Home Office

‘Stricter age verification checks and a ban on doorstep drops will be introduced to greater protect young people from knife crime.’

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Home Office, 28th January 2025

Source: www.gov.uk

In depth: Gauke’s sentencing review – what he should recommend – Law Society’s Gazette

Posted January 29th, 2025 in courts, criminal justice, delay, government departments, news, prisons, sentencing by tracey

‘David Gauke’s sentencing review must complement Sir Brian Leveson’s review of the courts if the government is going to come up with a holistic prescription for criminal justice.’

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Law Society's Gazette, 28th January 2025

Source: www.lawgazette.co.uk

Judicial review begins over special needs bailout – BBC News

‘A judicial review in the High Court case has begun over a government bailout of £54m for special needs education funding in Bristol.’

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BBC News, 28th January 2025

Source: www.bbc.co.uk

Misogyny and violence against women identified as gateways to extremism, leaked Home Office report says – The Independent

‘Misogyny and violence against women have been identified as gateways to extremist beliefs in a leaked Home Office report that urges the government to approach extremism based on concerning behaviours instead of ideology.’

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The Independent, 28th January 2025

Source: www.independent.co.uk

Southport murders: No 10 rejects calls to change law on whole-life sentences – The Guardian

‘Downing Street has rejected calls for sentencing changes, saying it does not have the power to extend whole-life sentences to killers aged under 18 because of international law.’

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The Guardian, 24th February 2025

Source: www.theguardian.com

Gig economy firms warned by UK government they may be operating illegally – The Guardian

‘Gig economy companies supplying “freelance” workers to shops, restaurants and warehouses may be operating illegally, the government has warned, after a series of Observer reports highlighting their use.’

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The Guardian, 25th January 2025

Source: www.theguardian.com

DWP program that automatically approves landlord benefit deduction requests ruled unlawful – The Guardian

‘A “computer says yes” program that automatically approves landlord requests to deduct hundreds of pounds from tenants’ universal credit benefits without requiring officials to check first with the claimant has been declared unlawful by the courts.’

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The Guardian, 26th January 2025

Source: www.theguardian.com

‘Serious concerns’ about DWP’s use of AI to read correspondence from benefit claimants – The Guardian

‘White mail system handles “highly sensitive personal data” and people not told it is processing their information.’

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The Guardian, 27th January 2025

Source: www.theguardian.com

Treasury seeks to intervene in Supreme Court motor finance case – Legal Futures

‘The government has applied to intervene in the Supreme Court hearing on motor finance, expressing concern that the Court of Appeal ruling could have a significant and potentially damaging impact on the market.’

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Legal Futures, 22nd January 2025

Source: www.legalfutures.co.uk

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

‘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

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

‘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

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

‘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

Why employers must review their employment contracts after 31.12.2024: Legality of clawback clause – EIN Blog

Posted January 20th, 2025 in employment, government departments, immigration, news by tracey

‘As of 31 December 2024, the Home Office introduced significant updates to its guidance for sponsors of Skilled Workers and Temporary Workers. These changes explicitly prohibit employers from passing specific sponsorship costs onto workers, reinforcing compliance requirements for sponsors. This article explores the key updates, legal implications, and best practices for employers to protect their business and sponsor licence.’

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EIN Blog, 20th January 2025

Source: www.ein.org.uk

Cassandra Somers-Joce and Joe Tomlinson: When Are Public Bodies Legally Required to Proactively Collect Data? – UK Constitutional Law Association

‘In a recent Administrative Court decision, the Secretary of State for the Home Department was found to be in breach of the Public Sector Equality Duty (the “PSED”), contained in s.149 of the Equality Act 2010, due to failing to collect and monitor statistical equality data relating to the provision of asylum accommodation to vulnerable individuals. The judgment in R (DXK) v Secretary of State for the Home Department [2024] EWHC 579 (Admin) (“DXK”) builds upon a developing line of cases which have found that the duty to have ‘due regard’ under the PSED may require a decision maker to proactively obtain information, rather than simply to consider existing information. It also provides an interesting exploration of the relationship between the circumstances in which the PSED will require the collection of information by a public body decision maker, and the common law duty of inquiry.’

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UK Constitutional Law Association, 20th January 2025

Source: ukconstitutionallaw.org

Next steps to tackle child sexual exploitation – Home Office

‘Home Secretary Yvette Cooper gave an update on the actions the government will take to protect young people from sexual abuse and grooming gangs.’

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Home Office, 16th January 2025

Source: www.gov.uk

High Court rules disability benefit reforms plan as unlawful – but Labour remains committed to cuts – The Independent

‘The Department for Work and Pensions (DWP) consultation into plans to cut billions in disability benefits has been ruled unlawful by the High Court for being “unfair and misleading”.’

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The Independent, 17th January 2025

Source: www.independent.co.uk

Incapacity benefit cuts consultation was ‘misleading’ and unlawful, judge rules – The Guardian

‘Labour’s plan to push through £3bn of cuts to incapacity benefits has received a setback after a judge ruled an official consultation setting out the proposals was misleading and unlawful.’

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The Guardian, 16th January 2025

Source: www.theguardian.com

Key provisions of Higher Education (Freedom of Speech) Act to be brought into force, but “burdensome” provisions scrapped, Education Secretary vows – Local Government Lawyer

‘The Education Secretary, Bridget Phillipson, has promised that key provisions of the Higher Education (Freedom of Speech) Act 2023 will be brought into force, whilst “burdensome” provisions will be scrapped.’

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Local Government Lawyer, 16th January 2025

Source: www.localgovernmentlawyer.co.uk

Government to implement university free speech law – BBC News

‘The government is expected to reactivate a piece of legislation aimed at protecting free speech on university campuses. The Higher Education Freedom of Speech Act, which could have seen universities fined for failing to uphold freedom of speech, was passed under the previous, Conservative government in 2023. But its implementation was stopped shortly after Labour’s election win last summer over concerns the law was potentially damaging to student welfare. A government source has said the legislation is now being recommenced to make it workable.’

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BBC news, 15th January 2025

Source: www.bbc.co.uk