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05 December 2014
Issue: 7633 / Categories: Case law , Law digest , In Court
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Constitutional law

R (on the application of Barclay and another) v Secretary of State for Justice and others (Attorney General of Jersey and the States of Guernsey intervening) [2014] UKSC 54, [2014] All ER (D) 258 (Oct)

The Administrative Court made a declaration that the decision of the Standing Committee of the Privy Council for the Affairs of Jersey and Guernsey, which had recommended the approval of the passing of a law in Sark, had been an unlawful decision in that, in certain respects, it was incompatible with the European Convention on Human Rights. The Supreme Court held that, as a general proposition, the courts of the UK did have jurisdiction judicially to review an Order in Council which was made on the advice of the UK government, but that, in the present case, the court should not have exercised that jurisdiction.

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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