The case for FDAC: a speech by Lord Justice Peter Jackson – Courts & Tribunals Judiciary

Posted November 25th, 2024 in alcohol abuse, alcoholism, children, drug abuse, families, judges, news, speeches by tracey

‘The following speech was given by Lord Peter Jackson to the Family Drug and Alcohol Court Judges Conference at Inner Temple in London on 22 December 2024.’

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Courts & Tribunals Judiciary, 22nd November 2024

Source: www.judiciary.uk

More ‘dither and delay’? Government issues timetable for leasehold reform – Law Society’s Gazette

Posted November 25th, 2024 in bills, delay, government departments, housing, Law Commission, leases, news by tracey

‘The government has finally delivered a timetable for reforming the “feudal” leasehold system in England and Wales, but some campaigners have again accused Labour of procrastination.’

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Law Society's Gazette, 22nd November 2024

Source: www.lawgazette.co.uk

Dangers of Applying PSOs Determined Using pre-McCloud CEVs on ‘McCloud compliant’ CEVs – Financial Remedies Journal

‘Those working in the Pensions on Divorce arena (whether PODEs, solicitors or scheme administrators) will by now be all too familiar with the McCloud ruling, and how much additional work this has caused for cases involving public sector pension schemes.’

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Financial Remedies Journal, 21st November 2024

Source: financialremediesjournal.com

Nurse banned for putting hand down pyjama bottoms – BBC News

‘A psychiatric nurse who put his hand down a patient’s pyjama bottoms and touched her private parts has been struck off by his professional standards body.’

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BBC News, 25th November 2024

Source: www.bbc.co.uk

Allison Pearson: Police drop investigation into social media post by journalist – The Independent

Posted November 25th, 2024 in freedom of expression, incitement, media, news, police, public order, racism by tracey

‘Essex Police have closed an investigation into columnist Allison Pearson for alleged incitement of racial hatred over a social media post. The force said it would be conducting an independent review will be launched into the force’s handling of the case which centred around a now-deleted X/Twitter post published last year.’

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The Independent, 21st November 2024

Source: www.independent.co.uk

Autistic man still locked up for murder under joint enterprise laws 10 years after friend stabbed stranger – The Independent

‘Despite Alex Henry running from the scene and being diagnosed with autism, he remains behind bars.’

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The Independent, 23rd November 2024

Source: www.independent.co.uk

NHS bosses who silence whistleblowers face sack under government plans – The Guardian

‘NHS managers who silence whistleblowers or endanger patients through misconduct face being sacked and barred from working in the health service for life under radical government plans to regulate thousands of bosses for the first time.’

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The Guardian, 24th November 2024

Source: www.theguardian.com

Britain’s New Tipping Act: A Promising Path for the Regulation of Service Work – by Einat Albin – UK Labour Law

Posted November 22nd, 2024 in codes of practice, employment, news, remuneration by sally

‘On October 1, 2024, the newly adopted Employment (Allocation of Tips) Act 2023 (hereinafter: the Tipping Act), came into force, accompanied by a Code of Practice on the fair and transparent distribution of tips (hereinafter: the Code), issued by the Department for Business & Trade (hereinafter: DBT). According to the DBT, the purpose of the Tipping Act is “to ensure the fair and transparent allocation of all tips, gratuities, and service charges.” Its desired outcome is “to improve fairness for workers by ensuring that the tips consumers leave in recognition of good service and hard work are going to the workers as intended.”’

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UK Labour Law, 21st November 2024

Source: uklabourlawblog.com

Cheshire West revisited: deprivation of liberty and children – UK Human Rights Blog

‘Ten years on from Cheshire West [2014] UKSC 19 (covered on this blog at the time), the seminal decision on deprivation of liberty by the Supreme Court, the Family Court faces an ever-increasing number of applications for deprivation of liberty orders for children. Two recent decisions from Mrs Justice Lieven, Peterborough City Council v SM [2024] EWHC 493 (Fam) and Re J [2024] EWHC 1690 (Fam), could curb this trend. But while these decisions emanate from the Family Court, their reasoning may be of broader interest and could prompt wider questions about Article 5 ECHR and what constitutes a deprivation of liberty.’

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UK Human Rights Blog, 22nd November 2024

Source: ukhumanrightsblog.com

What Are The Major Policing Reforms? – Each Other

Posted November 22nd, 2024 in criminal justice, domestic violence, government departments, news, police, victims by sally

‘Home Secretary, Yvette Cooper, announced plans for major policing reforms yesterday at the National Police Chiefs’ Council and Association of Police and Crime Commissioners’ annual conference.’

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Each Other, 21st November 2024

Source: eachother.org.uk

A Beginner’s Guide to Extradition – Law Pod UK

Posted November 22nd, 2024 in appeals, extradition, news, podcasts, Supreme Court by sally

‘Benjamin Seifert of 1 Crown Office Row joins Lucy McCann to introduce our listeners to extradition law: the statutory framework that governs extradition, the procedure, the types of challenges raised when resisting extradition and recent developments in extradition law in the UK Supreme Court.’

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Law Pod UK, 22nd November 2024

Source: audioboom.com

Widow of gambling addict lambasts watchdog’s failure to investigate suicides – The Guardian

Posted November 22nd, 2024 in bereavement, gambling, inquests, mental health, news, ombudsmen, suicide by sally

‘The widow of a man who took his own life after becoming addicted to gambling says more people will die because the regulator is refusing to investigate suicides linked to the addiction.’

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The Guardian, 21st November 2024

Source: www.theguardian.com

Balancing heritage and necessity: Consistory Court jurisdiction in managing churchyard trees – Law & Religion UK

Posted November 22nd, 2024 in Church of England, faculties, news, planning, trees by sally

‘The human race has always had an emotional attachment to trees. Trees live so much longer than a human lifespan that we imagine, perhaps sentimentally and fancifully, that they probably knew our ancestors and witnessed significant historical events. Certain familiar trees have become particular objects of affection. The wanton felling of the Gap Sycamore tree caused national outrage.’

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Law & Religion UK, 22nd November 2024

Source: lawandreligionuk.com

Assisted dying – a tale of three Bills – Mental Capacity Law and Policy

Posted November 22nd, 2024 in assisted suicide, bills, news, parliament, suicide by sally

‘During the pandemic, everyone had a crash course in constitutional theory, learning what was law and what was merely guidance when it came to what they could and could not do inside and outside their homes. In similar vein, people are now having a crash course in what Private Members’ Bills are, thanks to the introduction of Kim Leadbeater MP’s Terminally Ill Adults (End of Life) Bill. Social media is now full of extensive discussions about precisely what such Bills are, what level of scrutiny they give rise to, what prospects there are for amending them, and what the role of the House of Lords is in relation to such Bills. It can be somewhat bewildering, but some might find this from the Institute for Government quite helpful.’

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Mental Capacity Law and Policy, 22nd November 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Whiplash tariff set to rise 15% as Mahmood finally publishes review – Legal Futures

‘The whiplash tariff is set to increase by around 15%, the government announced yesterday, reflecting inflation since it was introduced in 2021 and including a ‘buffer’ to take account of predicted inflation until the next review in 2027.’

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Legal Futures, 22nd November 2024

Source: www.legalfutures.co.uk

Slapps used to silence whistleblowers should be outlawed, says group of MPs – The Guardian

‘Excessive legal threats used to silence those who tried to expose the Post Office Horizon scandal and allegations against Mohamed Al Fayed should be outlawed, a cross-party group of MPs have said.’

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The Guardian, 21st November 2024

Source: www.theguardian.com

An update on the law of infanticide: a review of cases over the past 20 years by the Cambridge Pro-Bono Project – Doughty Street Chambers

‘Under Section 1(1) of the Infanticide Act 1938 a woman may be charged with infanticide or raise it as a defence to murder under Section 1(2). It is a significant piece of legislation that can only be committed by a woman against her biological child which must be under 12 months old, and arises in circumstances where she is accused of causing the death of the infant by wilful act or omission at a time when the “the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child.”’

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Doughty Street Chambers, 11th October 2024

Source: insights.doughtystreet.co.uk

Francesca Jackson: What Does the Debate Over Slavery Reparations Tell Us About the Cardinal Convention, Soft Power and the Public Service Monarchy? – UK Constitutional Law Association

Posted November 21st, 2024 in colonies, compensation, constitutional law, Crown, news, prerogative powers by sally

‘There is a good reason why the constitutional convention requiring the monarch to exercise his prerogative powers on the advice of his government is known as the “Cardinal Convention”: it is ‘the most fundamental’ constitutional convention relating to the monarchy – something King Charles is finding out when it comes to slavery reparations.’

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UK Constitutional Law Association, 21st November 2024

Source: ukconstitutionallaw.org

MPs to summon Elon Musk to testify about X’s role in UK summer riots – The Guardian

Posted November 21st, 2024 in inquiries, internet, news, parliament, violent disorder by sally

‘MPs are to summon Elon Musk to testify about X’s role in spreading disinformation, in a parliamentary inquiry into the UK riots and the rise of false and harmful AI content, the Guardian has learned.’

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The Guardian, 20th November 2024

Source: www.theguardian.com

The strange afterlife of blasphemy – Law & Religion UK

‘The criminal offence of blasphemy is dead. It was unceremoniously abolished by section 79(1) of the Criminal Justice and Immigration Act 2008. My colleague Norman Doe and I wrote a piece entitled ‘The Strange Death of Blasphemy’, which looked at events leading up to its abolition. The offence is now long dead.’

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Law & Religion UK, 21st November 2024

Source: lawandreligionuk.com