High Court rejects judicial review bid from operator of odorous landfill – Local Government Lawyer

Posted February 7th, 2025 in complaints, environmental health, judicial review, local government, news, waste by Lily

‘A landfill operator who sought a judicial review against the Environment Agency’s decision to issue a closure notice for the site has had their application refused by the High Court.’

Full Story

Local Government Lawyer, 6th February 2025

Source: www.localgovernmentlawyer.co.uk

Research Briefing: Border Security, Asylum and Immigration Bill 2024-25 – House of Commons Library

Posted February 7th, 2025 in asylum, bills, government departments, immigration, news, refugees by Lily

‘The Border Security, Asylum and Immigration Bill was introduced in the House of Commons on 30 January 2025. Second reading, when MPs debate the purpose of the bill, is scheduled for 10 February 2025.This briefing focuses on the main provisions of the bill and its most significant clauses. The bill’s explanatory notes give further detail on other clauses. These and other accompanying documents, including an impact assessment, are available from the bill’s page on parliament.uk. Most provisions of the bill cover the entire UK.’

Full Briefing

Full Story

House of Commons Library, 6th February 2025

Source: commonslibrary.parliament.uk

MacQueen v MacQueen [2024] EWFC 400 (B) – Financial Remedies Journal

‘District Judge Ashby. Final hearing concerning an application for a final financial remedy order in proceedings concerning serious findings of non-disclosure.’

Full Story

Financial Remedies Journal, 6th February 2025

Source: financialremediesjournal.com

DBAs ruled unenforceable in high-value probate dispute – Law Society’s Gazette

Posted February 7th, 2025 in damages, law firms, news, probate, solicitors, wills by Lily

‘Damages-based agreements (DBAs) used by a law firm in a probate dispute concerning a multi-million pound estate are unenforceable because they do not comply with DBA rules, the High Court ruled last week.’

Full Story

Law Society's Gazette, 7th February 2025

Source: www.lawgazette.co.uk

Juryless trials ‘not the answer’ to court crisis, barristers warn – The Bar Council

‘Removing the right to a jury trial “is not the answer” and risks making the crisis facing the criminal justice system worse, barristers have warned.’

Full Story

The Bar Council, 6th February 2025

Source: www.barcouncil.org.uk

Speech by the Master of the Rolls at the LawtechUK Generative AI Event – Courts and Tribunals Judiciary

Posted February 7th, 2025 in artificial intelligence, judges, news, speeches by Lily

‘Sir Geoffrey Vos, Master of the Rolls, gave a speech on Wednesday 5 February 2025 at the LawtechUK Generative AI Event in London.’

Full Speech

Full Story

Courts and Tribunals Judiciary, 5th February 2025

Source: www.judiciary.uk

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

Posted February 6th, 2025 in appeals, employment, fines, news, ombudsmen, pensions, statistics, tribunals 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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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”.’

Full Story

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.’

Full Story

Pensions Barrister, 3rd February 2025

Source: www.pensionsbarrister.com