CPACD

On 30 July, the Supreme Court handed down judgment in R(AR) v Chief Constable of Greater Manchester [2018] UKSC 47 Judgment (PDF) Press summary (PDF) Judgment on BAILII (HTML version) The Court of Appeal judgment - [2016] EWCA Civ 490 . A reporting restriction applies so that no one shall publish or reveal the name or address of the appellant - referred to as AR - or publish or reveal any information which would be likely to lead to the identification of the appellant or of any member of his family. This appeal concerned the legality under the Human Rights Act 1998 of an Enhanced Criminal Record Certificate (“ECRC”) issued in respect of the appellant (“AR”) under the Police Act 1997 section 113B.  An ordinary Criminal Records Certificate is limited to the facts of convictions or cautions or their absence. By contrast, an ECRC includes information on the basis simply of the Chief Officer’s opinion as to its relevance, and whether it “ought to be included in the certificate.” The...

On 30 July 2018, the Supreme Court handed down judgment in A NHS Trust v Y (by his litigation friend, the Official Solicitor)  [2018] UKSC 46 . Judgment (PDF) Press summary (PDF) Judgment on BAILII (HTML version) Reporting restrictions apply to this case to protect the identity of the NHS Trust involved, the identity of Y and of others involved in the case.  Full details of the restrictions are set out in the Press Summary. In June 2017, Y, an active man in his fifties, suffered a cardiac arrest which led to extensive brain damage due to lack of oxygen.  He never regained consciousness and required Clinically Assisted Nutrition and Hydration ( CANH ) to keep him alive.  His treating physician concluded that, even if he regained consciousness, he would have profound disability and would be dependent on others to care for him for his remining life. A second opinion from a consultant and professor in Neurological Rehabilitation  considered Mr Y to be in a vegetat...

"It's one for the wet towels," said Lady Hale at the conclusion of the oral hearings in the Reference by the Attorney-General and Advocate General for Scotland on the UK Withdrawal from the European Union (Legal Continuity)(Scotland) Bill. Here is a case for lovers of byzantine legal complexity to savour. Fundamentally, the Scottish Parliament was created by the Scotland Act 1998 and it only has the powers granted to it by the Scotland Act 1998 as amended.  If it is claimed that Scottish legislation is outside the powers of the Scottish Parliament then reference can be made to the Supreme Court of the UK to determine whether the legislation is within devolved legislative powers. This is what has happened with Scotland's European Union (Legal Continuity)(Scotland) Bill  In many ways, the Bill mirrors the UK Parliament's European Union (Withdrawal) Act 2018 - "the 2018 Act.".  So, why did Scotland consider that it needed its own Bill?  The reasons are ex...

Pro-EU Rally, London, June 2018 White Paper: On 24 July, the government published a White Paper - Legislating for the Withdrawal Agreement between the United Kingdom and the European Union .  The paper sets out the government's current thinking for a European Union (Withdrawal Agreement) Bill to be introduced in the autumn IF there is a Withdrawal Agreement which Parliament has accepted.  The similarly named European Union (Withdrawal) Act 2018 section 13 specifies the requirements for Parliamentary acceptance of any withdrawal agreement and framework for the future relationship. The 5 Chapters of the latest White Paper concentrate mainly on the parts of the draft Withdrawal Agreement agreed in March 2018 - (1) Introduction - (2) Citizens' Rights - (3) The Implementation Period - (4) The negotiated financial settlement - (5)  Procedures for approval and implementation of the Withdrawal Agreement and framework for our future relationship. March 2018: The Draft Withdrawa...