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Law digest: 22 October 2021

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
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
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
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
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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
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