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13 August 2021
Issue: 7945 / Categories: Case law , In Court , Law digest
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Law digests: 13 August 2021

Child

R (on the application of A) v Secretary of State for the Home Department [2021] UKSC 37, [2021] All ER (D) 115 (Jul)

The appellant failed in its challenge to the Child Sex Offender Disclosure Scheme Guidance (the Guidance), as amended in 2012, issued by the Secretary of State in exercise of her common law powers. In dismissing the appeal, the Supreme Court held, among other things, that: (i) assessed by reference to the test in Gillick v West Norfolk and Wisbech Area Health Authority [1985] 3 All ER 402, the Guidance (in the version in issue in the proceedings) was clearly lawful; and (ii) the Guidance was ‘in accordance with the law’ within the meaning of art 8(2) of the European Convention on Human Rights: a police force which sought to comply with its legal duties under the European Court of Human Rights and the domestic courts, as the Guidance encouraged it to do, would act ‘in accordance with the law’ for the purposes of art 8(2) of the Convention.


Costs

CPRE

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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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