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.’

Full Story

UK Constitutional Law Association, 27th September 2024

Source: ukconstitutionallaw.org

Soul Survivor: Independent Review Report – Law & Religion UK

‘The Outcome of the independent review into the culture and practices of Soul Survivor was published at 12pm on 26 September 2024, advance notice and contact details having been given for those who might have needed support.’

Full Story

Law & Religion UK, 26th September 2024

Source: lawandreligionuk.com

Watchdog bans Huel’s ‘misleading’ advert – second times in two months – The Independent

Posted September 27th, 2024 in advertising, complaints, food, health, news, ombudsmen by sally

‘A watchdog has banned yet another advert for food supplement firm Huel for making unsubstantiated claims about the product’s health benefits and cost relative to fruits and vegetables.’

Full Story

The Independent, 26th September 2024

Source: www.independent.co.uk

Care leavers under 25, domestic abuse survivors and veterans to be exempt from social housing “local connection” rules – Local Government Lawyer

‘Care leavers under 25, domestic abuse survivors and all UK Armed Forces veterans are to be exempt from rules which require a connection to a local area before accessing social housing, the Government has announced.’

Full Story

Local Government Lawyer, 26th September 2024

Source: www.localgovernmentlawyer.co.uk

British gambling regulator prosecutes Sorare football game – The Guardian

Posted September 27th, 2024 in cryptocurrencies, gambling, licensing, news, ombudsmen, sport by sally

‘Britain’s Gambling Commission is to prosecute Sorare, a multibillion-pound company that makes a fantasy football game promoted by the Premier League, for providing unlicensed gambling.’

Full Story

The Guardian, 26th September 2024

Source: www.theguardian.com

Using civil courts in England to recover assets and losses after employee fraud – OUT-LAW.com

Posted September 27th, 2024 in assets recovery, civil justice, courts, employment, fraud, news by sally

‘Given the speed with which stolen assets can be transferred through the global banking system, and the increase in cyber fraud and invoice hacking incidents, time is of the essence if you are to successfully recover money stolen by a rogue employee through fraud.’

Full Story

OUT-LAW.com. 26th September 2024

Source: www.pinsentmasons.com

Convicted killer admits murdering woman then dumping dismembered body parts – The Independent

‘A convicted killer has admitted murdering a woman whose remains were found in south London earlier this year.’

Full Story

The Independent, 26th September 2024

Source: www.independent.co.uk

New equality duty will not impact cab-rank rule, says BSB chief – Legal Futures

Posted September 27th, 2024 in barristers, consultations, diversity, equality, news by sally

‘The Bar Standards Board’s (BSB) controversial proposal for new equality rules will not affect the cab-rank rule and will not lead to quotas, its director general said yesterday.’

Full Story

Legal Futures, 27th September 2024

Source: www.legalfutures.co.uk

BAILII: Recent Decisions

Posted September 27th, 2024 in law reports by tracey

Court of Appeal (Civil Division)

Self v Santander Cards UK Ltd [2024] EWCA Civ 1106 (26 September 2024)

M (Children: Contact In Prison) [2024] EWCA Civ 1104 (24 September 2024)

High Court (Administrative Court)

Allen, R (On the Application Of) v Secretary of State for Justice [2024] EWHC 2370 (Admin) (26 September 2024)

Seven Capital (Highgate Hill) Ltd v Secretary of State for Housing, Communities and Local Government & Anor [2024] EWHC 2383 (Admin) (24 September 2024)

Khalisadar, R (On the Application Of) v Secretary of State for Justice [2024] EWHC 2408 (Admin) (24 September 2024)

Oxendale, R (On the Application Of) v Secretary of State for Justice [2024] EWHC 2407 (Admin) (24 September 2024)

High Court (Chancery Division)

Rogachev v Goryainov [2024] EWHC 2436 (Ch) (26 September 2024)

Pump Court Chambers Ltd v Brown (aka Goodfield) [2024] EWHC 2428 (Ch) (25 September 2024)

Breeze & Ors v TSB Bank PLC (Rev1) [2024] EWHC 2427 (Ch) (25 September 2024)

Asertis Ltd v Bloch [2024] EWHC 2393 (Ch) (24 September 2024)

High Court (Commercial Court)

Gorbachev v Guriev [2024] EWHC 2174 (Comm) (26 September 2024)

High Court (King’s Bench Division)

Ahmed & Ors v Akbar [2024] EWHC 2433 (KB) (25 September 2024)

Williams-Henry v Associated British Ports & Anor (Re Wasted Costs Order) [2024] EWHC 2415 (KB) (24 September 2024)

Source: www.bailli.org

“Shocking” lack of urgency to trace children missing from education, Children’s Commissioner warns – Local Government Lawyer

‘The Children’s Commissioner for England, Dame Rachel De Souza, has warned that more than 11,500 children in England went missing from education over the course of one year, having “fallen off the radar” of their local authorities.’

Full Story

Local Government Lawyer, 25th September 2024

Source: www.localgovernmentlawyer.co.uk

The Historical Roots of the Windrush Scandal: independent research report – Home Office

Posted September 26th, 2024 in citizenship, colonies, immigration, news, reports by sally

‘This report is in response to Wendy Williams’ ‘Windrush Lessons Learned Review’, which was published on 19 March 2020. In particular, it addresses Williams’ Recommendation 6, which states that the Home Office must ensure that ‘all its existing and new staff learn about the history of the UK and its relationship with the rest of the world, including Britain’s colonial history, the history of inward and outward migration and the history of black Britons’.’

Full Story

Home Office, 26th September 2024

Source: www.gov.uk

‘She didn’t want to believe he was an evil monster’ – BBC News

Posted September 26th, 2024 in domestic violence, married persons, murder, news by sally

‘Holly Bramley was murdered by her husband, Nicholas Metson, at their Lincoln home in March 2023. Holly’s family have been speaking to the BBC’s Jo Makel about the abusive relationship that ended with her death and how they are supporting a campaign against domestic violence in her honour.’

Full Story

BBC News, 26th September 2024

Source: www.bbc.co.uk

Former justice minister urges opposition to planned BSB equality duty – Legal Futures

Posted September 26th, 2024 in barristers, diversity, equality, news by sally

‘Former justice minister Lord Wolfson KC has joined the voices opposing the Bar Standards Board’s (BSB) plan to impose a new positive duty on barristers to act in a way that “advances” equality, diversity and inclusion (EDI).’

Full Story

Legal Futures, 26th September 2024

Source: www.legalfutures.co.uk

‘Her death was preventable’: Mother of murdered Libby Squire says report flashers to prevent worse crimes – The Independent

Posted September 26th, 2024 in bereavement, crime prevention, indecent exposure, murder, news, voyeurism by sally

‘The mother of murdered student Libby Squire is urging women and girls to report crimes including flashing and voyeurism, as she warned her daughter’s death was “totally preventable”.’

Full Story

The Independent, 25th September 2024

Source: www.independent.co.uk

Time to remedy the legal consequences of Jivraj v Hashwani? The personal scope of application of equal treatment legislation – by Nicola Countouris and Colm O’Cinneide – UK Labour Law

Posted September 26th, 2024 in brexit, contract of employment, contracts, EC law, equality, news by sally

‘This blogpost revisits the 2011 UK Supreme Court decision in Jivraj v Hashwani [2011] UKSC 40, which adopted a narrow reading of the personal scope of the Equality Act 2010 as it applies to the self-employed. It argues that this decision represented a wrong turn in the law, which should now be reversed by the courts or corrected by the legislature – especially in light of the January 2023 Court of Justice of the European Union (“CJEU”) decision in Case C-356/21, TP v JK, and the stated commitment of the newly elected Labour government to “ensuring those [equality] provisions that were previously derived from EU law remain enshrined in UK law”.’

Full Story

UK Labour Law, 25th September 2024

Source: uklabourlawblog.com

Fashion brands face further greenwashing scrutiny – Kingsley Napley Criminal Law Blog

Posted September 26th, 2024 in advertising, competition, consumer protection, environmental protection, news by sally

‘Greenwashing continues to be a significant focus for the UK’s competition regulator as its scrutiny of the fashion sector continues.’

Full Story

Kingsley Napley Criminal Law Blog, 25th September 2024

Source: www.kingsleynapley.co.uk

Manchester detective found guilty after stealing cocaine and giving it to dealers – The Guardian

Posted September 26th, 2024 in drug offences, drug trafficking, misfeasance in public office, news, police by sally

‘A detective who stole almost 4kg of cocaine from the police evidence store at work and supplied it on the streets of Manchester has been convicted of multiple offences.’

Full Story

The Guardian, 25th September 2024

Source: www.theguardian.com

Tribunal orders council to release pay rise documents in “public interest” – Local Government Lawyer

Posted September 26th, 2024 in BBC, freedom of information, local government, news, public interest, remuneration by sally

‘The First-tier Tribunal has ordered Cumberland Council to release documents relating to a decision to double councillors’ pay over an 11-month period, after it refused to provide information requested by the BBC.’

Full Story

Local Government Lawyer, 25th September 2024

Source: www.localgovernmentlawyer.co.uk

Remedies – Negative Declarations – Declaration of Non-Liability – 33 Bedford Row

Posted September 25th, 2024 in chambers articles, declaratory judgment, news by tracey

‘Where one person (natural or legal) asserts that another person (natural or legal) is liable to pay them money, typically it will be the asserting party (the person who says they are owed money) who issues the formal claim (commences formal proceedings) in Court, seeking: (a) a judicial determination on the claim (i.e. a judgment in their favour), and (b) an order against the other party (the allegedly liable party). But there may be rare occasions where the roles are reversed, and it is the allegedly liable party that wishes to obtain a judicial determination – exonerating themselves[0] – to obtain a judgment that they are not liable to the other party (the asserting party).’

Full Story

33 Bedford Row, 4th September 2024

Source: www.33bedfordrow.co.uk

Modern Slavery Offences: Factors for Practitioners to consider – 25 Bedford Row

Posted September 25th, 2024 in chambers articles, forced labour, news, sentencing, trafficking in human beings by tracey

‘Practitioners will be familiar with defending in modern slavery cases where the s45 defence is advanced. This brings with it procedural, evidential and disclosure challenges from the timing of NRM referrals and receipt of conclusive grounds, to admissibility of various expert reports and potential third-party disclosure such as social services records.’

Full Story

25 Bedford Row, 5th September 2024

Source: www.25bedfordrow.com