Public Law Newsletter – Spire Barristers
‘Public Law Newsletter January 2025; with case updates within the Court of Protection and other Public Law matters.’
Spire Barristers, 7th January 2025
Source: www.spirebarristers.co.uk
Category: Scotland
UKSC to decide what ‘Woman’ means in the Equality Act 2010 – Oxford Human Rights Hub
‘The UK Supreme Court (UKSC) is poised to deliver its judgment in For Women Scotland v The Scottish Ministers, examining whether “woman” under the Equality Act 2010 (EA) includes trans women with a Gender Recognition Certificate (GRC) issued under the Gender Recognition Act 2004 (GRA). This blog discusses why GRC holders should not be excluded from the EA’s sex discrimination protections.’
Oxford Human Rights Hub, 30th January 2025
Source: ohrh.law.ox.ac.uk
Supreme Court to hear case on definition of a woman – BBC News
‘Judges at the Supreme Court are to consider how women are defined in law in a landmark case brought by Scottish campaigners. It is the culmination of a long-running legal dispute which started with a relatively niche piece of legislation at the Scottish Parliament, but which could have big UK-wide implications.’
BBC News, 25th November 2024
Source: www.bbc.co.uk
A Comparative Analysis of Devolved Judicial Review: A Summary – Judicial Review
‘Statistical analysis of judicial review is notoriously difficult, in part due to the inconsistency in what is published by official sources which results in a ‘partial account of [judicial] activity’.’
Judicial Review, 16th September 2024
Source: www.tandfonline.com
Health, Welfare and Deprivation of Liberty Report – October 2024 – 39 Essex Chambers
‘In the Health, Welfare and Deprivation of Liberty Report: what to do where there is no reliable evidence of P’s wishes and feelings.’
39 Essex Chambers, 1st October 2024
Source: www.39essex.com
Practice and Procedure Report – October 2024 – 39 Essex Chambers
‘In the Practice and Procedure Report: the perfect as the enemy of the good, and what to do when the situation changes.’
39 Essex Chambers , 1st October 2024
Source: www.39essex.com
Mental Health Matters Report – October 2024 – 39 Essex Chambers
‘In the Mental Health Matters Report: the human rights consequences of outsourcing in the mental health context.’
39 Essex Chambers , 1st October 2024
Source: www.39essex.com
Property and Affairs Report – October 2024 – 39 Essex Chambers
‘In the Property and Affairs Report: gifts, attorneys and deputies.’
39 Essex Chambers, 1st October 2024
Source: www.39essex.com
Stephen Tierney: Towards a Principle of Positive Engagement?: The House of Lords Constitution Committee reports on The Governance of the Union – UK Constitutional Law Association
‘Over the past decade the House of Lords Constitution Committee has immersed itself in the principles, purposes and operation of devolution. Last week marked 10 years since the referendum on Scottish independence, and in that time the Committee has published multiple reports on the changing face of the territorial constitution, offering encouragement, detailed critique and practical recommendations. A number of these publications are cited in the introduction to its most recent report on The Governance of the Union: Consultation, Co-operation and Legislative Consent, which is published today. This report addresses the new system of intergovernmental relations introduced in 2022, the operation of the Sewel convention, the use of secondary legislation in devolved areas and plans by the new Labour Government for further devolution in England. Most notably, it recommends that a “principle of positive engagement” be added to the existing principles for intergovernmental relations, currently listed in The Review of Intergovernmental Relations policy document of January 2022.’
UK Constitutional Law Association, 27th September 2024
Source: ukconstitutionallaw.org
Court of Appeal—inexpedient to grant freezing injunction in support of purely foreign proceedings (Mex Group Worldwide Ltd v Ford) – Gatehouse Chambers
‘The Court of Appeal considered an appeal against the decision at a return date to set aside a worldwide freezing order made without notice, as against a number of defendants.’
Gatehouse Chambers, 28th August 2024
Source: gatehouselaw.co.uk
Appeal judge bemoans ‘trench warfare’ of litigation tactics – Law Society’s Gazette
‘The Court of Appeal has thrown out a freezing order challenge in a ruling where two judges made scathing criticisms of disclosure failings.’
Law Society's Gazette, 9th August 2024
Source: www.lawgazette.co.uk
Chris McCorkindale and Aileen McHarg: The Territorial Constitution and the 2024 UK General Election – UK Constitutional Law Association
‘The Liberal Democrat, Conservative and Labour manifestos offer markedly different visions for the future of devolution in Scotland, Wales and Northern Ireland after the 2024 UK General Election . At one extreme, the Liberal Democrats offer fundamental constitutional reform. If elected, they have promised to “transfer greater powers away from Westminster and Whitehall” by “[strengthening] the voices of England, Wales, Scotland and Northern Ireland” as part of a “written constitution for a federal United Kingdom”. They would, inter alia, “complete” the further devolution of powers set out in the Smith and Silk Commissions, strengthen mechanisms for intergovernmental working and dispute resolution, and remove the ability of the UK Parliament unilaterally to amend devolved competence or legislate in devolved areas. At the other extreme, the Conservative Party manifesto marks the end of the road for the further devolution of powers or the deeper entrenchment of devolved institutions. The devolved governments, they say, “now have the right balance of powers to deliver for the people [of Scotland, Wales and Northern Ireland]”. The Conservative Party’s focus therefore falls on holding the devolved governments responsible for their performance, making devolved governments more accountable within the devolved legislatures, encouraging the decentralisation of power away from Holyrood, Cardiff Bay and Stormont, and strengthening the role, powers and visibility of the UK Government, including in devolved areas.’
UK Constitutional Law Association, 20th June 2024
Source: ukconstitutionallaw.org
Assisted dying / assisted suicide – concrete British realities -Mental Capacity Law and Policy
‘Reading some of the recent media coverage of the issue of assisted dying / assisted suicide, people could be forgiven for thinking that resolving the debate is a simple matter. In the context of a private MSP bill being introduced into the Scottish Parliament this week (March 25 2024), it is doubly important to be clear that – whatever one’s views – implementing any decision to legalise assisted dying / assisted suicide is not going to be simple.’
Mental Capacity Law and Policy, 25th March 2024
Bathgate v Technip [2023] CSIH: Broadening the Scope of Qualifying Settlement Agreements – Parklane Plowden Chambers
‘As all employment lawyers know, in order to protect them from being taken advantage of by unscrupulous employers, employees cannot ordinarily contract out of their employment rights. There are only two exceptions. They can do so in a contract of settlement made with the assistance of ACAS, known as a “COT3”, or they can do so in “qualifying settlement agreement”, but not otherwise.’
Parklane Plowden Chambers, 12th February 2024
Source: www.parklaneplowden.co.uk
Scottish court rules UK government veto of gender recognition bill lawful – The Guardian
‘In a ruling that will disappoint LGBTQ+ campaigners and offers a boost to Rishi Sunak at the end of a difficult week, Lady Haldane rejected the Scottish government’s petition to rule the UK government’s section 35 veto – contained in the 1998 Scotland Act, which created the devolved parliament – as unlawful.’
The Guardian, 8th December 2023
Source: www.theguardian.com
Safeguarding vulnerable clients: Guidance on best practice in England and Wales – Mills & Reeve
‘A recent case heard by the Scottish Solicitors’ Discipline Tribunal has highlighted the complexities around how solicitors interact with vulnerable clients, particularly in matters involving conflicts of interest, mental capacity, and undue influence. This case offers an opportunity for some cross-border analysis between England and Wales and consideration of what best practice looks like in such a situation.’
Mills & Reeve, 20th November 2023
Source: www.mills-reeve.com
Research Briefing: Reuse of graves – House of Commons Library
‘This briefing paper considers reuse of graves as a means of addressing the problem of the shortage of available space for burial.’
House of Commons Library, 16th October 2023
Source: commonslibrary.parliament.uk
Thomas Horsley: Managing the External Effects of Devolved Legislation: Virtual Representation, Self-Rule and the UK’s Territorial Constitution – UK Constitutional Law Association
‘The Scottish Government is presently seeking judicial review of the UK Government’s decision to block Royal Assent for the Gender Recognition Reform (Scotland) Bill (GRRB) using s.35 of the Scotland Act 1998 (SA). The Court of Session’s decision, which may yet end up before the UK Supreme Court on appeal, is eagerly awaited, not least given the electricity of political debates over gender recognition and its reform in Scotland and elsewhere.’
UK Constitutional Law Association, 5th October 2023
Source: ukconstitutionallaw.org
New Judgment: McCulloch and others (Appellants) v Forth Valley Health Board (Respondent) (Scotland) – UKSC Blog
‘This case is concerned with the extent to which a doctor is required, under the duty of care owed to a patient, to inform the patient about alternative possible treatments to the one that is being recommended.’
UKSC Blog, 12th July 2023
Source: ukscblog.com
Case Preview: McCulloch and Ors v Forth Valley Health Board – UKSC Blog
‘In this post, Anna Walsh (Partner) and Nicole Ellerby (Associate) in CMS’ defendant medical malpractice team consider the awaited decision from the Supreme Court in the Scottish case of McCulloch and Ors v Forth Valley Health Board [2021] CSIH 21.’
UKSC Blog, 3rd July 2023
Source: ukscblog.com
