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07 June 2024
Issue: 8074 / Categories: Case law , In Court , Law digest
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Law digests: 7 June 2024

Police powers

R (on the application of ­National Council for Civil Liberties) v ­Secretary of State for the Home Department (Public Law Project ­intervening) [2024] EWHC 1181 (­Admin), [2024] All ER (D) 89 (May)

The Administrative Court, in allowing the claimant’s judicial review claim in part, held that the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 (SI 2023/655), which strengthened police powers concerning protests, were unlawful. Sections 12 and 14 of the Public Order Act 1986 (POA 1986) empowered the police to impose conditions on public processions and assemblies if an officer reasonably believed that there would be ‘serious disruption to the life of the community’. The government laid two amendments to the Public Order Bill, which sought to expand the definition of ‘serious disruption’ in POA 1986 to include anything which was ‘more than minor’. However, the House of Lords had rejected one of the amendments. Before the Public Order Act 2023 (POA 2023) had received Royal Assent, the government had then exercised the ‘Henry VIII power’ to amend legislation by secondary

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MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
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