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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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