‘In an important recent judgment, the UK Supreme Court has rewritten the post-Brexit rules on application of EU case law in the UK courts, so that they apply retrospectively in proceedings in respect of pre-Brexit events.’
OUT-LAW.com, 29th July 2024
Source: www.pinsentmasons.com
‘The Solicitors Disciplinary Tribunal (SDT) has ordered the Solicitors Regulation Authority (SRA) to pay costs of £5,000 after bringing a “flawed and misconceived” case against a non-solicitor.’
Legal Futures, 30th July 2024
Source: www.legalfutures.co.uk
‘An alternative healer has been found guilty of gross negligence manslaughter following the death of a woman at one of his workshops.’
BBC News, 26th July 2024
Source: www.bbc.co.uk
‘North Tees and Hartlepool NHS Foundation Trust & Anor v KAG & Ors [2024] EWCOP 38 (T3) is a case confirming the hard-edged nature of s.63 Mental Health Act 1983. It concerned a woman, KAG, who developed severe depression and in consequence was not eating or drinking. For extremely complicated reasons, including potentially crossed wires as to what the Official Solicitor’s position, the case ultimately came before Victoria Butler-Cole KC (sitting as a Deputy Tier 3 judge), who was asked to declare that it was lawful for a PEG to be inserted to provide KAG with clinically assisted nutrition and hydration.’
Mental Capacity Law and Policy, 27th July 2024
‘On 28 April 2021 (in R (Hertfordshire County Council) v Secretary of State for Housing, Communities and Local Government [2021] EWHC 1093 (Admin)) (Hertfordshire), Dame Victoria Sharp P and Chamberlain J considered whether the reference to a ‘meeting’ in schedule 12 to the Local Government Act 1972 (Meetings and Proceedings of Local Authorities) could include a meeting conducted wholly or partly remotely. The court decided it could not. ‘The question for us,’ they remarked, ‘is not what “meeting” means in the abstract, or in some other context, but what it means in the particular statutory context of schedule 12 to the 1972 act’, which needed to be read as a whole. Schedule 12 (among other things) included obligations to hold the meeting ‘at such place, either within or without their area’ as a principal council, parish council or community council may direct. Consequently, ‘a “place within or without the area” is most naturally interpreted as a reference to a particular geographical location and would not naturally encompass an online location’. And: ‘Attending a meeting at a single specified geographical location would… ordinarily mean physically going to that location.’’
Law Society's Gazette, 26th July 2024
Source: www.lawgazette.co.uk
‘How far can the State be expected to go in seeking to secure the rights of those in challenging situations? A few months after this issue was looked at (albeit slightly curiously) from the perspective of Article 2 ECHR in R (Parkin) v His Majesty’s Assistant Coroner for Inner London (East) [2024] EWHC 744 (Admin), Gywnneth Knowles J has looked at it from the perspective of Article 3 ECHR. In Re P (Vulnerable Adult: Withdrawal of Application) [2024] EWHC 1882 (Fam), she was asked to consider the question of whether she should continue to use the powers of the High Court to compel a 29 year old woman to live apart from her father.’
Mental Capacity Law and Policy, 28th July 2024
‘A drunk driver who knocked down a pedestrian in north London while speeding on the wrong side of the road has been convicted of causing death by dangerous driving.’
BBC News, 26th July 2024
Source: www.bbc.co.uk
‘A bill which would allow terminally ill adults with six months or fewer to live to get medical help to end their own lives has been introduced in the House of Lords, by former Labour Justice Secretary Lord Falconer.’
BBC News, 26th July 2024
Source: www.bbc.co.uk
‘A paedophile who pushed a boy off a 100ft cliff to prevent him from revealing that he was raping a young girl has been jailed.’
The Independent, 28th July 2024
Source: www.independent.co.uk
‘Thousands of trafficking victims at risk of being forcibly removed from the country will now have their right to recover in the UK from the effects of exploitation considered after the Home Office settled a major case.’
The Guardian, 28th July 2024
Source: www.theguardian.com
‘A man who killed a “popular” barman who had become a father shortly before his death has been jailed.’
BBC News, 26th July 2024
Source: www.bbc.co.uk
‘The Labour Government comes into office seeking to indicate, as a priority, that it is making a break from its predecessors. That much is central to a manifesto simply entitled Change. Prominent within this agenda is an effort to reset relations with the Irish Government and attempt to restore a partnership around Northern Ireland affairs. This relationship, already strained by years of fraught Brexit negotiations, was upended when the Conservative Government pushed through the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (‘the Legacy Act’) in an effort to draw a line under legal actions relating to the conflict in Northern Ireland.’
UK Constitutional Law Association, 29th July 2024
Source: ukconstitutionallaw.org
‘A man has been jailed for a minimum of 19 years for murdering his lodger and scattering his severed body parts in packages and a suitcase.’
BBC News, 26th July 2024
Source: www.bbc.co.uk
‘In Re XY [2024] EWCOP 37 Mr Justice Hayden was called on to consider the best interests of a patient at the end of his life. XY, a 66-year-old man, was admitted to the hospital in December 2023 with pneumonia, and whilst there he suffered a cardiac arrest. Had that happened at home he would likely have died, but the medical staff at the hospital were able to resuscitate him. Over the subsequent days, however, he suffered from significant multi-organ failure and entered a prolonged disorder of consciousness.’
Law & Religion UK, 29th July 2024
Source: lawandreligionuk.com
‘A father trapped under an indefinite jail term for a laptop robbery almost 20 years ago still has no release date after he was recalled to prison for missing a hospital appointment.’
The Independent, 28th July 2024
Source: www.independent.co.uk
‘A High Court order aiming to prevent protesters from disrupting the M25 has been extended.’
BBC News, 26th July 2024
Source: www.bbc.co.uk
‘The cases heard at the Old Bailey offer a vivid, often grim portrait of England and Wales today. What happens when there is no one left to tell these stories? By Sophie Elmhirst.’
The Guardian, 29th July 2024
Source: www.theguardian.com
‘This article explains the broader stakes of contemporary British gambling reform debates, via an analysis of the White Paper High Stakes: Gambling Reform for the Digital Age (2023). I lay out the context to the White Paper, and I summarise its main proposals, focusing especially on efforts to reduce the harms caused by gambling. I also offer a critical analysis of one particularly significant and contentious proposed reform: mandated affordability checks for online gambling, when losses reach certain thresholds. I suggest that these checks reflect and deepen a shared regulatory, industry, and academic faith in online gambling technologies to resolve social responsibility problems, with wider implications for consumer surveillance and public health.’
Modern Law Review, 2nd July 2024
Source: onlinelibrary.wiley.com
‘The use of non-financial reporting and due diligence legislation to force companies to address specific adverse effects of their operations has become an increasingly common tool for policymakers in recent years. To date, international legislative activity has mainly focussed on potential breaches of human rights and environmental obligations but has also included aspects of labour law. This article proposes a new law that adapts the concept of corporate due diligence to the field of labour law. The new law uses a reflexive model of legislation which is referred to as Labour Law Due Diligence. The under-resourced system of labour market enforcement in the UK and workers’ reluctance to use litigation to defend their rights means that persistent non-compliance by employers can go unpunished. Employers would be obliged to carry out an annual audit to assess whether they comply with key labour law obligations and make the results public. Non-compliant employers would need to remedy any unlawful practices within a year or face the prospect of enforcement action being taken against them. Through an evaluation of UK legislation which has attempted to force companies to address specific legislative goals through public disclosure of data, the article seeks to address the weaknesses of such legislation by involving stakeholders and introducing robust systems of enforcement.’
Industrial Law Journal, 24th July 2024
Source: academic.oup.com
‘This case review considers Theis J’s judgment in Re Z (Surrogacy: Step-parent Adoption) [2024] EWFC 20, in which she refused a step-parent adoption order but made several other orders in relation to contact and the exercise of parental responsibility between the three adults involved. I posit that while the judgment probably represents the best possible outcome all round – especially the best interests of the child at its heart – it does not reflect the lived reality of most surrogacy agreements entered into in this country, or the experiences of those involved. It does, however, indicate that proposed reforms as recommended by the Law Commission of England and Wales and the Scottish Law Commission in 2023 would be welcome, especially as the intention behind them is precisely to protect against breakdowns in surrogacy arrangements such as sadly happened in this case.’
Journal of Social Welfare and Family Law, 23rd July 2024
Source: www.tandfonline.com
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