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Weekly law digests

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19 September 2019
Issue: 7856 / Categories: Case law , In Court , Law digest
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R (on the application of Actegy Ltd) v Advertising Standards Authority Ltd and another [2019] EWHC 2374 (Admin), [2019] All ER (D) 23 (Sep)

The claimant was unable to show that the first defendant’s general approach for assessing whether or not efficacy claims made for a medical device in an advertisement were substantiated had failed any test of proportionality and it was not established that the first defendant had adopted an approach on the facts of the case which had been unlawful. Accordingly, the Administrative Court dismissed the claimant’s application for judicial review of the decision, upholding complaints against a newspaper advertisement placed by the claimant for a medical device.

Constitutional law

R (on the application of Miller) v Prime Minister (Baroness Chakrabarti and others intervening) [2019] EWHC 2381 (QB), [2019] All ER (D) 24 (Sep)

The decision of the defendant prime minister to advise Her Majesty to prorogue Parliament from a date between 9 and 12 September until 14 October 2019 had not been justiciable, as the criteria adopted by the

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Public Accounts Committee warn of ‘extinction’ risk for legal aid
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
NLJ this week: The insider returns
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
NLJ this week: Drawing the line on contempt
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
NLJ this week: Stop and search by the numbers
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
NLJ this week: Looking back on the prorogation that never was
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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