Category: news

School employee wins Court of Appeal battle over dismissal for Facebook posts on teaching of “gender fluidity” – Local Government Lawyer

Posted February 14th, 2025 in appeals, employment, employment tribunals, equality, gender, local government, news, religious discrimination, unfair dismissal by sally

‘The Court of Appeal has allowed an appeal from a Christian school employee who was dismissed because she posted messages on her personal Facebook account opposing the teaching in schools, and in particular primary schools, of “gender fluidity” and that same-sex marriage is equivalent to marriage between a man and a woman.’

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Local Government Lawyer, 12th February 2025

Source: www.localgovernmentlawyer.co.uk

High Court judge rejects legal challenge by council over Ombudsman report in nursery fees case – Local Government Lawyer

Posted February 14th, 2025 in fees, interpretation, judicial review, local government, maladministration, news, ombudsmen by sally

‘The High Court has dismissed a council’s application for judicial review against the Local Government and Social Care Ombudsman (LGO) over a report that upheld a complaint of maladministration against the local authority in a nursery school fees case.’

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Local Government Lawyer, 12th February 2025

Source: www.localgovernmentlawyer.co.uk

Senior Court of Protection judge approves adapted checklist for assessing capacity after case highlights different approaches between social workers and clinicians – Local Government Lawyer

Posted February 14th, 2025 in appeals, Court of Protection, deprivation of liberty safeguards, disabled persons, local government, mental health, news by sally

‘The Vice President of the Court of Protection has allowed an appeal against final declarations regarding the residence and care of a vulnerable man, observing an “evidential divide” on capacity between the clinicians and social workers.’

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Local Government Lawyer, 14th February 2025

Source: www.localgovernmentlawyer.co.uk

Supreme Court quashes extradition of trader in ‘landmark’ judgment – Law Society’s Gazette

Posted February 14th, 2025 in appeals, extradition, insider dealing, news, statutory interpretation, Supreme Court by sally

‘The extradition to the US of a man accused of insider trading has been quashed by the Supreme Court in a “landmark judgment” after the court itself granted permission to appeal.The appeal centred on the definition of an “extradition offence” and the operation of the double criminality rule in section 137 of the Extradition Act 2003.’

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Law Society's Gazette, 13th February 2025

Source: www.lawgazette.co.uk

MI5 gave courts false evidence about ‘abusive’ neo-Nazi agent, judge rules – The Guardian

Posted February 13th, 2025 in BBC, domestic violence, government departments, injunctions, inquiries, intelligence services, news by sally

‘A high court judge has found that MI5 gave false evidence to three courts as it faced scrutiny over its handling of a neo-Nazi agent alleged to have attacked his partner.’

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The Guardian, 12th February 2025

Source: www.theguardian.com

Up to 140,000 blood scandal relatives may claim compensation – BBC News

Posted February 13th, 2025 in bereavement, blood products, compensation, families, government departments, HIV, news by sally

‘As many as 140,000 bereaved parents, children and siblings of infected blood scandal victims may claim compensation under new laws laid before Parliament.’

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BBC News, 12th February 2025

Source: www.bbc.co.uk

Ben Yong: What—and Who—is Parliament? – UK Constitutional Law Association

Posted February 13th, 2025 in constitutional law, news, parliament, repairs by sally

‘The Palace of Westminster is a symbol of British democracy, and it is falling apart. It is a serious danger to those who work within it: a recent news report suggested the Palace could be the next ‘Notre Dame inferno’. For years parliamentarians have repeatedly argued over what to do about this grim state of affairs, because fixing the Palace involves a very serious and painful investment of money—billions of pounds; and because it potentially means parliamentarians will have to leave the Palace—for decades. Observers watch this dire state of affairs with increasing dread. Thinking about the Restoration and Renewal (‘R&R’) of the Palace, therefore, raises questions of responsibility, both legal and moral, but it also prompts us to ask more metaphysical questions: what—and who—is Parliament?’

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UK Constitutional Law Association, 13th February 2025

Source: ukconstitutionallaw.org

MPs: Ministers must give protections to creative sector amid AI copyright fears – The Independent

Posted February 13th, 2025 in artificial intelligence, artistic works, bills, copyright, government departments, intellectual property, news by sally

‘Ministers must heed warnings from the creative industries over the impact of artificial intelligence (AI) on copyright and provide them with legal protections, according to MPs.’

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The Independent, 12th February 2024

Source: www.independent.co.uk

MoJ to pay Andrew Malkinson ‘significant’ sum over wrongful rape conviction – The Guardian

Posted February 13th, 2025 in appeals, compensation, criminal justice, Ministry of Justice, miscarriage of justice, news, rape, sexual offences by sally

‘Andrew Malkinson is to be given a payout by the Ministry of Justice, more than a year and a half after the court of appeal declared his innocence.’

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The Guardian, 12th February 2025

Source: www.theguardian.com

Judge-led inquiry into Nottingham attacks coming in ‘weeks’, Starmer announces – The Independent

Posted February 13th, 2025 in attempted murder, bereavement, government departments, homicide, inquiries, mental health, murder, news by sally

‘The prime minister has told the families of those killed in the Nottingham attacks that a judge-led public inquiry will take place in “a matter of weeks”.’

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The Independent, 13th February 2025

Source: www.independent.co.uk

David Erdos: Lost in Inaction? The Statutory Reports on Media Alternative Dispute Resolution (ADR) – UK Constitutional Law Association

Posted February 13th, 2025 in constitutional law, data protection, dispute resolution, media, news, reports by sally

‘Section 179 of the Data Protection Act (DPA) 2018 places the Secretary of State under a duty to ensure that a Report is “la[id] before Parliament” on both the “use” and “effectiveness” of “relevant alternative dispute resolution procedures” in cases involving actual or alleged failures by media organisations, other than broadcasters, “to comply with the data protection legislation”. Such a duty applies at the end of a repeating three-year period. The procedures to be reported on are those provided by “persons who produce or enforce codes of practice” for such media organisations and are “alternative” in the sense of being extra-judicial. This duty was proposed after the Independent Press Standards Organisation (IPSO) – the principal self-regulator of the Press – stated (following Government pressure) that it would introduce a ‘compulsory’ arbitration procedure covering data protection.’

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UK Constitutional Law Association, 12th February 2025

Source: ukconstitutionallaw.org

NHS trust fined £1.6m over failings in baby deaths – BBC News

Posted February 13th, 2025 in birth, causing death of children or vulnerable adults, children, families, fines, hospitals, news by sally

‘An NHS trust has been fined £1.6m for “avoidable failings” connected to the deaths of three babies in 2021.’

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BBC News, 12th February 2025

Source: www.bbc.co.uk

Paolo Sandro: Soft, But for Whom? Law and the Creation of Accountability – UK Constitutional Law Association

Posted February 13th, 2025 in coronavirus, emergency powers, health, news, rule of law by sally

‘Five years on, and with a potential new pandemic on the horizon (if not already here), researchers from all disciplines have been very busy evaluating how the SARS-CoV-2 pandemic was managed by different governments around the world. In legal and political studies, for example, there is a growing body of literature which considers the encroachment on civil liberties effected by so-called “lockdown” policies and their overall impact on the rule of law.’

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UK Constitutional Law Association, 12th February 2025

Source: ukconstitutionallaw.org

Capacity, insight and professional cultures – an important new decision from the Court of Protection – Mental Capacity Law and Policy

Posted February 13th, 2025 in consent, Court of Protection, disabled persons, mental health, news by sally

‘CT v London Borough of Lambeth & Anor [2025] EWCOP 6 (T3) is in many ways the companion piece to Re Thirumalesh (Dec’d) [2024] EWCA Civ 896). In the latter case, the Court of Appeal made clear that the fact that a person appeared not to believe information that they were being told could not be used as a shortcut to reach the conclusion that they lacked capacity to make the relevant decision.’

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Mental Capacity Law and Policy, 13th February 2025

Source: www.mentalcapacitylawandpolicy.org.uk

MoJ apologises to woman subjected to racism in prison mother and baby unit – The Guardian

Posted February 13th, 2025 in children, Ministry of Justice, news, prisons, racism, women by sally

‘The Ministry of Justice has apologised to a black woman who suffered racist abuse in a prison’s mother and baby unit where her son was referred to as a “monkey”.’

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The Guardian, 12th February 2025

Source: www.theguardian.com

Sam Kerr found not guilty of racially aggravated harassment of police officer – The Guardian

Posted February 12th, 2025 in harassment, news, police, racism by sally

Sam Kerr has been found not guilty of racially aggravated harassment after calling a police officer “fucking stupid and white” after he doubted her claims of being “held hostage” in a taxi.

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The Guardian, 11th February 2025

Source: www.theguardian.com

Unpaid carer wins overpayment penalty case against DWP – The Guardian

Posted February 12th, 2025 in benefits, carers, government departments, news, penalties, regulations by sally

‘Unpaid carer Andrea Tucker has won a legal victory against the Department for Work and Pensions, overturning its demand she repay £4,600 for alleged breaches in benefit rules.’

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The Guardian, 12th February 2025

Source: www.theguardian.com

JAC explores adding disability to ‘equal merit’ tie-breaker – Legal Futures

Posted February 12th, 2025 in disabled persons, judiciary, news, recruitment by sally

‘The Judicial Appointments Commission (JAC) is actively exploring whether disability could be added to the ‘equal merit’ approach to the selection of judges, its vice-chair said this week.’

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Legal Futures, 12th February 2025

Source: www.legalfutures.co.uk

Key reforms in the Renters’ Rights Bill and their impact on tenants and landlords – Kingsley Napley Real Estate Law Blog

Posted February 12th, 2025 in bills, landlord & tenant, news, rent, repairs, repossession by sally

‘This Bill, which was originally introduced by the previous government as the Renters’ Reform Bill, seeks to level-up the perceived current imbalance between residential landlords and tenants by bestowing on tenants greater rights and security. But critics argue that the proposed reforms go too far in favour of tenants. So, what are the current key reforms affecting private residential tenancies?’

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Kingsley Napley Real Estate Law Blog, 11th February 2025

Source: www.kingsleynapley.co.uk

Provisions to treat unaccompanied asylum seekers as adults if they refuse scientific age assessments to be scrapped – Local Government Lawyer

Posted February 12th, 2025 in asylum, bills, children, government departments, ministers' powers and duties, news, repeals by sally

‘Provisions that would see unaccompanied asylum seekers treated as adults if they refused a scientific age assessment without “reasonable grounds” are set to be scrapped by Government.’

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Local Government Lawyer, 11th February 2025

Source: www.localgovernmentlawyer.co.uk