Philip Murray: Assisted Suicide and the ECHR: Some Further Thoughts – UK Constitutional Law Association

Posted November 19th, 2024 in assisted suicide, bills, constitutional law, health, human rights, news, suicide by tracey

‘My recent post on Kim Leadbeater’s Terminally Ill Adults (End of Life) Bill, which seeks to legalise assisted suicide for terminally ill adults and so modify the blanket ban provided by s. 2 of the Suicide Act 1961, has attracted some attention. There I raised questions as to the compatibility of the Bill with articles 8 and 14 of the European Convention on Human Rights (“ECHR”), suggesting that extending assisted suicide only to terminally ill adults might be considered unlawfully discriminatory. I argued that there can therefore be no guarantees that the Bill would not have to expand in the future if the UK is to continue to adhere to its obligations under the ECHR. Alex Ruck Keene KC, who represented Noel Conway in his legal challenge to the UK’s blanket ban, has made a similar argument.’

Full Story

UK Constitutional Law Association, 19th November 2024

Source: ukconstitutionallaw.org

Extracting Informed Consent – Quarterly Medical Law Review

Posted November 19th, 2024 in causation, chambers articles, consent, dentists, medical treatment, news by tracey

‘Winterbotham v Shahrak [2024] EWHC 2633 (KB). In Winterbotham, the Claimant had suffered a partially erupted wisdom tooth for many years, which had caused several episodes of pericoronitis (inflammation of the surrounding gum tissue) with associated pain and discomfort. Because of the lengthy wait for NHS treatment, the Claimant sought private treatment and was referred to the Defendant’s practice.’

Full Story

Quarterly Medical Law Review, 18th November 2024

Source: 1corqmlr.com

High Court refuses permission for judicial review over policy of Welsh council on second homes and short term lets – Local Government Lawyer

Posted November 19th, 2024 in holidays, housing, judicial review, local government, news, Wales by tracey

‘An application for judicial review of Gwynedd Council’s implementation of new rules aimed at curbing second homes and short-term holiday lets has been dismissed by a High Court judge.’

Full Story

Local Government Lawyer, 18th November 2024

Source: www.localgovernmentlawyer.co.uk

Father fails in appeal in childcare case over subsequent diagnosis of autism – Local Government Lawyer

Posted November 19th, 2024 in appeals, autism, care orders, news, placement orders by tracey

‘The Court of Appeal has rejected a father’s appeal against care and placement orders made in respect of his daughter, finding that while his subsequent diagnosis of autistic spectrum disorder (ASD) may have had a “bearing” on some of the risks identified in the case, the majority and the most serious identified risks were not linked to ASD.’

Full Story

Local Government Lawyer, 18th November 2024

Source: www.localgovernmentlawyer.co.uk

High Court rejects judicial review over permanent exclusion for persistent breaches of school behaviour policy – Local Government Lawyer

‘A High Court judge has rejected a judicial review claim over a decision by a school governing body’s disciplinary panel not to reinstate a teenage boy to his school following a permanent exclusion, which occurred as a result of “persistent breaches” of the school’s behaviour policy.’

Full Story

Local Government Lawyer, 19th November 2024

Source: www.localgovernmentlawyer.co.uk

Tribunal halves law firm’s fees on HS2 house sale – Legal Futures

Posted November 19th, 2024 in compulsory purchase, fees, law firms, legal advice, news, railways by tracey

‘A tribunal has more than halved the fees charged by a leading law firm for advice on the forced sale of a property affected by HS2.’

Full Story

Legal Futures, 19th November 2024

Source: www.legalfutures.co.uk

Consultation on right to renew business tenancies published – Law Commission

Posted November 19th, 2024 in consultations, landlord & tenant, Law Commission, leases, news by tracey

‘Today the Law Commission has published its first consultation paper considering how the right to renew business tenancies, set out in Part 2 of the Landlord and Tenant Act 1954 (and which is called “security of tenure”), is working and whether it meets the needs of business tenants and landlords. The Commission would like to hear from businesses, landlords, their representative bodies and advisors, and anyone else affected by the legislation.’

Full Story

Law Commission, 19th November 2024

Source: lawcom.gov.uk

BSB Equality Rules amendments proposals are the wrong approach, warns the Bar Council – The Bar Council

Posted November 19th, 2024 in amendments, barristers, equality, news, regulations by tracey

‘The Bar Council has today published its proposed response to the Bar Standards Board’s proposed amendments to the equality rules forming part of barristers’ conduct obligations. The Bar Council has significant concerns that the proposals are substantially unlawful and unenforceable, impractical, and may “hinder progress in this important area”. ‘

Full Story

The Bar Council, 18th November 2024

Source: www.barcouncil.org.uk

Girl Guides sisters jailed over Gift Aid tax fraud – BBC News

Posted November 19th, 2024 in charities, fraud, income tax, money laundering, news, sentencing by tracey

‘Two sisters who used their positions as Girl Guides volunteers in a scheme which defrauded the taxpayer out of nearly £500,000 have been jailed.’

Full Story

BBC News, 18th November 2024

Source: www.bbc.co.uk

Schools and colleges in England accused of failing in legal duty to tackle racism – The Guardian

Posted November 19th, 2024 in education, equality, news, racism, school exclusions by tracey

‘Schools and colleges are failing in their legal duty to prevent and address racism, say campaigners who are calling for the national curriculum in England to include an explicit anti-racism focus with Black history as a compulsory subject.’

Full Story

The Guardian, 18th November 2024

Source: www.theguardian.com

AI cloning of celebrity voices outpacing the law, experts warn – The Guardian

Posted November 19th, 2024 in artificial intelligence, fraud, media, news by tracey

‘Now experts have warned that voice-cloning is outpacing the law as technologists hone previously clunky voice generators into models capable of emulating the subtlest pauses and breathing of human intonation.’

Full Story

The Guardian, 19th November 2024

Source: www.theguardian.com

More than 1,200 textile workers illegally underpaid – BBC News

Posted November 19th, 2024 in freedom of information, minimum wage, news, remuneration by tracey

‘More than 1,200 garment workers in Leicester were illegally underpaid over the last five years, figures obtained by the BBC have revealed.’

Full Story

BBC News, 19th November 2024

Source: www.bbc.co.uk

Ex-soldier jailed for anti-Islam Facebook posts – BBC News

Posted November 19th, 2024 in guilty pleas, inciting racial hatred, Islam, news, sentencing by tracey

‘A former soldier who posted a series of anti-Islamic messages on Facebook has been jailed.’

Full Story

BBC News, 18th November 2024

Source: www.bbc.co.uk

Research Briefing: A shift in approach? Assimilated law reform and the change of government – House of Commons Library

Posted November 18th, 2024 in brexit, EC law, news, repeals, statute law revision by tracey

‘The Labour government’s approach to reform of legacy EU laws is different from that of its Conservative predecessor. This briefing tracks changes in assimilated law in the first half of 2024 and looks at the future direction of reform following the General Election.’

Full Story

House of Commons Library, 15th November 2024

Source: commonslibrary.parliament.uk

BAILII: Recent Decisions

Posted November 18th, 2024 in law reports, news by tracey

Court of Appeal (Civil Division)

Refinitiv Ltd & Ors, R (On the Application Of) v Commissioners for His Majesty’s Revenue and Customs [2024] EWCA Civ 1412 (15 November 2024)

Manolete Partners PLC v White [2024] EWCA Civ 1418 (15 November 2024)

Moss v The Upper Tribunal [2024] EWCA Civ 1414 (15 November 2024)

Gadinala v Secretary of State for the Home Department [2024] EWCA Civ 1410 (15 November 2024)

Yeung v Jeckz Investment Ltd & Ors [2024] EWCA Civ 1413 (14 November 2024)

Extreme Networks Ltd v Extreme E Ltd [2024] EWCA Civ 1386 (14 November 2024)

Court of Appeal (Criminal Division)

Daniels v R. [2024] EWCA Crim 1395 (15 November 2024)

High Court (Chancery Division)

Bulgarian Development Bank EAD v ULAS Investments EAD [2024] EWHC 2916 (Ch) (15 November 2024)

Royle v Together Commercial Finance Ltd [2024] EWHC 2915 (Ch) (15 November 2024)

Gill v Gill & Ors (Re Micrologic Property Holdings Ltd – Insolvency Act 1986 – Companies Act 2006) [2024] EWHC 2876 (Ch) (15 November 2024)

Crew & Anor v Oakley & Ors [2024] EWHC 2847 (Ch) (15 November 2024)

Samherji HF v Fridriksson [2024] EWHC 2892 (Ch) (14 November 2024)

Chaptre Finance PLC, In the Matter Of [2024] EWHC 2908 (Ch) (14 November 2024)

London Capital & Finance Plc & Ors v Thomson & Ors [2024] EWHC 2894 (Ch) (14 November 2024)

Wigglesworth v Beetson [2024] EWHC 2886 (Ch) (14 November 2024)

High Court (Commercial Court)

Motorola Solutions, Inc & Anor v Hytera Communications Corporation Ltd & Ors (Rev1) [2024] EWHC 2891 (Comm) (14 November 2024)

MA Fastmove Ltd v Global Billpay Private Ltd & Ors [2024] EWHC 2922 (Comm) (14 November 2024)

NMC Health PLC v Ernst & Young LLP (Re Disclosure) [2024] EWHC 2905 (Comm) (11 November 2024)

High Court (Family Division)

Great Ormond Street Hospital for Children NHS Foundation Trust v Braqi & Anor [2024] EWHC 2910 (Fam) (15 November 2024)

E & F, Re (Stranding) [2024] EWHC 2901 (Fam) (12 November 2024)

High Court (Patents Court)

Sandoz AG & Ors v Biogen MA Inc [2024] EWHC 2911 (Pat) (15 November 2024)

High Court (King’s Bench Division)

IPE Marble Arch Ltd v Moran [2024] EWHC 2913 (KB) (15 November 2024)

Various Claimants v Mercedes-Benz Group AG & Ors (Re NOx Emissions Group Litigation) [2024] EWHC 2904 (KB) (14 November 2024)

High Court (Technology and Construction Court)

Peabody Trust v National House-Building Council [2024] EWHC 2925 (TCC) (15 November 2024)

A & V Building Solution Ltd v J & B Hopkins Ltd [2024] EWHC 2914 (TCC) (15 November 2024)

Source: www.bailii.org

Roof Gardens and Higher-Risk Buildings – A tale of one too many storeys. – Local Government Lawyer

Posted November 18th, 2024 in building law, fire, health & safety, landlord & tenant, news, repairs by tracey

‘David Owens and Helen Arthur explore a recent First Tier Tribunal decision regarding the meaning of “higher-risk building’ under the Building Safety Act 2022.’

Full Story

Local Government Lawyer, 14th November 2024

Source: www.localgovernmentlawyer.co.uk

Criminalising thought crime? – Local Government Lawyer

‘Kuljit Bhogal KC and Sarah Salmon explain why a defendant was recently convicted of breaching a PSPO near an abortion clinic.’

Full Story

Local Government Lawyer, 15th November 2024

Source: www.localgovernmentlawyer.co.uk

Lessons from Lieven J – Local Government Lawyer

‘Holly Hilbourne-Gollop looks at a High Court judge’s realistic approach to obtaining evidence from children.’

Full Story

Local Government Lawyer, 15th November 2024

Source: www.localgovernmentlawyer.co.uk

High Court upholds LeO’s decision to dismiss complaint – Legal Futures

Posted November 18th, 2024 in barristers, complaints, executors, families, news, ombudsmen by tracey

‘The Legal Ombudsman (LeO) was right to dismiss a complaint it thought better suited to be determined in court, a judge has ruled.’

Full Story

Legal Futures, 18th November 2024

Source: www.legalfutures.co.uk

Home Secretary to announce major policing reforms – Home Office

Posted November 18th, 2024 in criminal justice, government departments, news, police by tracey

‘A new Home Office unit to monitor performance of police forces will be announced by the Home Secretary this week.’

Full Story

Home Office, 17th November 2024

Source: www.gov.uk