Constitutional law

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In a Reference by the Lord Advocate of devolution issues under paragraph 34 of Schedule 6 to the Scotland Act 1998 [2022] UKSC 31, the Supreme Court unanimously ruled that the Scottish Parliament does not have the power to legislate for a referendum on Scottish independence, without any modification of the definition of reserved matters.

Is our democracy under threat? In this week’s NLJ, Michael Zander KC reviews (an alarming) speech by Professor Sir Jeffrey Jowell KC on the subject of the UK’s constitution.

Michael Zander reports on a warning from Sir Jeffrey Jowell: fundamental safeguards are at stake

Domesticating retained EU law: practical necessity or ideological project? Charles Pigott considers the mammoth task ahead

The UK Constitutional Law Association (UKCLA) have published a blog by Professor of Law and Director of Research at Aston Law School, Simon Lee, on the 75th anniversary of the Wednesbury case.

Something has to be done to address the over-politicisation of the government’s legal advice, says Roger Smith

The second reading of the government’s Bill of Rights Bill did not go ahead as scheduled.

Courts and tribunals will close during HM The Queen’s State Funeral on 19 September, which has been declared a national bank holiday

Silks have changed their designations on social media and chambers literature in response to the death of Queen Elizabeth II

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MOVERS & SHAKERS

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DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

Constantine Law—Alex Finch & Rebecca Tester

Firm launches business immigration practice with dual partner hire

Freeths—Jane Dickers

Scottish offering strengthened with dispute resolution partner hire in Glasgow

NEWS

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NLJ this week: SLAPPed shut?

From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics

NLJ this week: Big tech for small firms

Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs

NLJ this week: Justice delayed, justice denied

Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly

NLJ this week: Days numbered for upwards-only rent reviews

Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill

NLJ this week: Presumption of capacity reaffirmed

The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination

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Constitutional law

MOVERS & SHAKERS

DAC Beachcroft—Tim Barr

Constantine Law—Alex Finch & Rebecca Tester

Freeths—Jane Dickers