Pensions tribunal decisions highlight need for procedural compliance – OUT-LAW.com

Posted February 6th, 2025 in news by sally

‘A number of recent UK First-tier Tribunal (FTT) rulings highlight the importance of following the tribunal’s rules, in particular to provide the documentation required in appeals against The Pensions Regulator, an expert has said.’

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OUT-LAW.com, 5th February 2025

Source: www.pinsentmasons.com

Axing apprenticeship funding “a disaster for the legal profession” – Legal Futures

Posted February 6th, 2025 in diversity, law firms, legal education, news, solicitors by sally

‘Scrapping government funding for Level 7 apprenticeships would be “a disaster for the legal profession and have a highly negative impact on social mobility and diversity”, the government has been told.’

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Legal Futures, 6th February 2025

Source: www.legalfutures.co.uk

Nicholas Reed Langen: The Use and Abuse of Citizenship Deprivation: SSHD v Kolicaj UK Constitutional Law Association

Posted February 6th, 2025 in citizenship, ministers' powers and duties, news, Supreme Court by sally

‘Any British citizen that happens to hold citizenship for another country could find themselves in an invidious position. If the Home Secretary decides that it would be “conducive to the public good”, they can single-handedly strip a person of their citizenship, and with it, their right to remain in the country. So long as the deprivation would not make them stateless, the law offers few protections beyond a limited right of appeal and the need for the Home Secretary to have some reasons.’

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UK Constitutional Law Association, 6th February 2025

Source: ukconstitutionallaw.org

After experts find ‘no medical evidence’ of murder, will Lucy Letby get a retrial? – The Guardian

‘Despite 14 leading experts concluding there was “no medical evidence” that Lucy Letby murdered babies, there is no guarantee that her case will be sent back to the court of appeal – let alone quickly.’

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The Guardian, 5th February 2025

Source: www.theguardian.com

Foreign national offender claimant wins legal challenge against Home Office over accommodation, but fails in parallel claim against council – Local Government Lawyer

‘The Home Office has lost a case about the allocation of bail accommodation for a foreign national offender and has been ordered by the High Court to make various changes to this system as well as pay 85% of claimant BLZ’s costs.’

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Local Government Lawyer, 5th February 2025

Source: www.localgovernmentlawyer.co.uk

Holding the Charity Commission’s feet to the fire: Atwal – Law & Religion UK

Posted February 6th, 2025 in charities, Charity Commission, news, Sikhism, trusts by sally

‘Atwal & Anor v Charity Commission for England and Wales [2024] EWHC 3451 (Ch) was an application under s.115 Charities Act 2011 for the permission of the Court to bring charity proceedings relating to the Sikh Gurdwara in Wednesfield, Wolverhampton, the Charity Commission having refused to do so.’

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Law & Religion UK, 4th February 2025

Source: lawandreligionuk.com

Jamie Burton: When Is Guidance Unlawful on the Ground of Illegality? – UK Constitutional Law Association

Posted February 6th, 2025 in illegality, interpretation, ministers' powers and duties, news, Supreme Court by sally

‘The seemingly ever-growing expanse of “soft-law”, “policy” or “guidance”, (referred to below as “guidance”) has been cautiously welcomed as aiding the business of government and enhancing good public administration. Unsurprisingly, as the textbooks and contributions to this symposium attest, this phenomenon has generated discrete legal problems. The status (not law “as such” (R(A) at [3]), purpose (to ensure consistency in the exercise of discretion – R (Lumba) v. SSHD [2011] UKSC 12), meaning (to be judged objectively – Mandalia v. SSHD [2015] 1 WLR 4546) and content (must be rational, proportionate etc) of these ‘soft law’ iterations have raised questions with varying degrees of significance in terms of the rule of law. One such question is the legitimacy of guidance, judged by reference to its effects, both intended and unintended. This reflects the fact that guidance is often directed towards the actions of persons other than its author(s), often with implications for third parties.’

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UK Constitutional Law Association, 5th February 2025

Source: ukconstitutionallaw.org

Prevent closed Southport killer case ‘prematurely’ – BBC News

Posted February 6th, 2025 in attempted murder, murder, news, school children, terrorism by sally

‘The Prevent counter-terrorism scheme “prematurely” closed its case on Axel Rudakubana three years before he went on to murder three children in Southport, a government review has found.’

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BBC News, 5th February 2025

Source: www.bbc.co.uk

Man loses sex discrimination claim after boss says ‘sorry boys’ at awards do – The Guardian

‘A marketing executive at a party balloon company has lost a sex discrimination claim lodged after his female boss said “sorry boys” as she revealed that a woman had won an award.’

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The Guardian, 5th February 2025

Source: www.theguardian.com

Lucy Letby murder convictions: what did the expert panel find? – The Guardian

Posted February 5th, 2025 in children, evidence, hospitals, murder, news, nurses, reports by sally

‘Group concludes babies died due to natural causes or errors in medical care, saying there was no evidence of deliberate harm.’

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The Guardian, 4th February 2025

Source: www.theguardian.com

UK court shuts door on ‘second medical use’ SPCs – OUT-LAW.com

Posted February 5th, 2025 in EC law, medicines, news, patents by sally

‘Pharmaceutical companies cannot obtain UK supplementary protection certificates (SPCs) for medicinal products for which a second medical use has been found where those products have already been the subject of a marketing authorisation issued by regulators, the Court of Appeal in England and Wales has confirmed.’

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OUT-LAW.com, 4th February 2025

Source: www.pinsentmasons.com

High Court refuses application for deprivation of liberty order regarding disabled 15-year-old subject to care order – Local Government Lawyer

‘A judge has refused an application by a local authority for a declaration from the High Court that it is lawful and in the best interests of a 15-year-old boy with “profound enduring disabilities”, who is the subject of a care order, to be deprived of his liberty.’

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Local Government Lawyer, 4th February 2025

Source: www.localgovernmentlawyer.co.uk

Carr floats formal mediation council for civil and commercial work – Legal Futures

Posted February 5th, 2025 in dispute resolution, international courts, lectures, news, rule of law, treaties by sally

‘The Lady Chief Justice has suggested that a new mediation council should be set up for civil and commercial matters to bolster England and Wales’s status as a leading international mediation centre”.’

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Legal Futures, 5th February 2025

Source: www.legalfutures.co.uk

High Court approves merger of schemes in winding-up – Pensions Barrister

Posted February 5th, 2025 in mergers, news, pensions, winding up by sally

‘In Arcadia Group Pension Trust Ltd v Smith [2025] EWHC 11 (Ch), Master Marsh (sitting in retirement) has approved the merger of the Staff and Executive Schemes of Arcadia Group, both of which were in winding-up after the principal employer went into administration and then into liquidation. The need to seek the Court’s approval arose because of the proposed exercise of the amendment power of the Staff Scheme during the winding-up. The Master was satisfied that the amendment power was wide enough to enable it to be exercised. The power expressly provided that it continued until the scheme had been wound up and that it could be exercised by the trustee without the need for principal employer consent where the employer was in liquidation. There was accordingly no scope to imply any fetter on the use of its operation in the circumstances of the case. The Master was also satisfied that the merger was a proper exercise of the power, even though adding members of the Executive Scheme to the Staff Scheme would enable the members of the former scheme to benefit from the surplus in the latter scheme.’

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Pensions Barrister, 3rd February 2025

Source: www.pensionsbarrister.com

‘Watershed moment’ as three-year time limit on child rape claims scrapped in England and Wales – The Guardian

Posted February 5th, 2025 in child abuse, children, limitations, news, rape by sally

‘Hundreds of child rape survivors, including those targeted by grooming gangs, are expected to pursue their abusers in the courts after ministers scrapped a three-year time limit on compensation claims.’

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The Guardian, 5th February 2025

Source: www.theguardian.com

Autonomy and assisted dying / suicide – an important judicial light shed from an unexpected corner – Mental Capacity Law and Policy

Posted February 5th, 2025 in assisted suicide, bills, consent, electronic commerce, gambling, news by sally

‘Individual decision-making and its complexities was very much in the spotlight this week in the context of the oral evidence sessions held by the Public Bill Committee considering the Terminally Ill Adults (End of Life) Bill. The decision of Collins Rice in ‘RTM’ v Bonne Terre Ltd [2025] EWHC 111 (KB), handed down on 23 January 2025, is an important reminder of just how complex the idea of autonomy is in real life.’

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Mental Capacity Law and Policy, 2nd February 2025

Source: www.mentalcapacitylawandpolicy.org.uk

‘Basic lack of decency’ driving self-harm in women’s prisons, report says – The Guardian

Posted February 5th, 2025 in criminal justice, news, prisons, statistics, women by sally

‘Women in prison are resorting to self-harm because of “astonishing gaps” in basic services including strict time limits when contacting their children and bans from using washing machines for dirty underwear, according to a watchdog’s report.’

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The Guardian, 5th February 2025

Source: www.theguardian.com

Immigration rules keep changing, and the confusion can cause real problems for migrants – EIN Blog

Posted February 5th, 2025 in computer programs, documents, government departments, immigration, news by sally

‘A nationwide plan to digitise immigration documents recently came into force. Since January 1, millions of foreign nationals who live in the UK must now use digital-only status documents, as all biometric residence permits expired at the end of 2024.’

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EIN Blog, 3rd February 2025

Source: www.ein.org.uk

Man jailed for trying to kill PC with scissors – BBC News

Posted February 5th, 2025 in attempted murder, imprisonment, news, police, sentencing by sally

‘A man has been jailed for 30 years for trying to kill a police officer by stabbing him in the head with a pair of scissors.’

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BBC News, 4th February 2025

Source: www.bbc.co.uk

Thousands to sue Johnson & Johnson in UK over alleged talc link to cancer – The Guardian

Posted February 5th, 2025 in asbestos, cancer, class actions, health & safety, news by sally

‘Lawyers representing 3,500 claimants are preparing to sue the pharmaceutical firm Johnson & Johnson (J&J) over alleged links between talcum powder and cancer, in what is expected to be one of the largest pharmaceutical product group actions in English and Welsh legal history.’

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The Guardian, 4th February 2025

Source: www.theguardian.com