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22 October 2021
Issue: 7953 / Categories: Case law , In Court , Law digest
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Law digest: 22 October 2021

Constitutional law

Attorney General and the Advocate General for Scotland - United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill [2021] UKSC 42, [2021] All ER (D) 16 (Oct)

The Supreme Court, in a reference to it under s 33 of the Scotland Act 1998 (the Scotland Act) by the applicants, the Advocate General, the Lord Advocate or the Attorney General in respect of two Bills passed by the Scottish Parliament in March 2021: the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill (the UNCRC Bill) and the European Charter of Local Self-Government (Incorporation) (Scotland) Bill (the ECLSG Bill), considered ss 6, 19(2)(a)(ii), 20(10)(a)(ii) and 21(5)(b)(ii) of the UNCRC Bill, and ss 4(1A) and 5(1) of the ECLSG Bill. Having regard to the application of ss 28 and 101(2) of the Scotland Act, the court found that ss 6, 19(2)(a)(ii), 20(10)(a)(ii) and 21(5)(b)(ii) of the UNCRC Bill and ss 4(1A) and 5(1) of the ECLSG Bill were outside the legislative competence of the Scottish Parliament. Accordingly,

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Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
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Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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