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Ireland-Employment analysis: This article was written by Aisling Muldowney, Emer Murphy & Kate Heneghan of A&L Goodbody LLP. In this article, we explore what companies should be aware of ahead of the implementation of the EU Pay Transparency Directive in Ireland.
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Construction analysis: The much awaited Housing (Cladding Remediation) (Scotland) Act 2024 (H(CR)(S)A 2024) entered into force on 21 June 2024. In this article, we consider the key features of H(CR)(S)A 2024, its implications for property developers and insurers, and what difficulties there will be in putting it into practice. Rowena Williams, Senior Associate at CMS Law, provides comment on the development.
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Environment analysis: The 2024 United Nations Climate Change Conference, also known as the 29th Conference of the Parties (COP29), is to be held from 11 November to 29 November 2024 in Baku, Azerbaijan. Paul Collins, senior associate at Ashfords LLP, provides commentary on the aims and expectations of the conference.
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Immigration analysis: The launch of the European Travel Information and Authorisation System (ETIAS) is nearing and expected to become a reality for travellers in 2024 or early 2025. The system is one aspect of the broader, forthcoming digitalisation of EU borders and mirrors the Electronic Travel Authorisation (ETA) to be introduced by the UK authorities. In this article, Carlos Saenz de Tejada and Jo Antoons of Fragomen, Del Rey, Bernsen & Loewy LLP look ahead at the implications ETIAS will have on travelling once introduced.
GLOSSARY
The senior Scottish Law Officer.
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Public Law analysis: This case follows a failed criminal prosecution of Mark Hirst. Following the collapse of the case Hirst brought a civil action against Police Scotland and the Crown Office (Scottish Criminal Prosecutors) for malicious prosecution. Despite dismissing Hirst’s case the court provides a useful analysis of the four part legal test needed to establish a malicious prosecution. This expanded on the reasoning first seen in Whitehouse v Lord Advocate [2019] CSIH 52. As a result of this reasoning the court made a declaration of incompatibility under the Human Rights Act 1998 against section 170 of the Criminal Procedure (Scotland) Act 1995. This section gives the Crown Office immunity from an action of damages in a civil action unless the pursuer has suffered imprisonment as a consequence. The court ruled this was incompatible with Article 6 of the ECHR. It is an unjustified restriction on the possibility of hearing a claim for malicious prosecution. Written by Dr Nick McKerrell, senior lecturer in Law at Glasgow Caledonian University.
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His Majesty, King Charles III, has approved the appointment of Lord Briggs of Westbourne as the next President of the UK Supreme Court. The appointment was made on the advice of the Prime Minister and Lord Chancellor, following the recommendation of an independent selection commission. Lord Briggs will assume the role in January 2027, succeeding Lord Reed of Allermuir upon his retirement, and will become the Court's fifth President since its establishment in 2009.
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The UK Supreme Court has reported on an interview with Justice Lord Andrew Burrows for Bar & Bench magazine during his visit to India for the Commercial Bar Association (COMBAR) Round Table. He discusses his transition from academia to the judiciary, the Supreme Court’s working methods and its role in interpreting statutes and developing the common law. He also highlights the importance of part-time judicial experience, explains the Court’s limited powers under the Human Rights Act 1998, outlines transparency through live-streamed hearings, and comments on the procedural use of AI, the value of concise advocacy, and the merit-based judicial appointment process.
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The University of Hertfordshire has published the Sir Christopher Staughton Memorial Lecture which was given by Justice of the Supreme Court of the United Kingdom Lord Burrows on 24 March 2022. The lecture, titled ‘Statutory Interpretation in the Courts Today’ considered how the study of legislation in UK law schools is often neglected, despite the claim from Burrows that statute law is the dominant source of law in the UK. Burrows has argued that statutory interpretation should be given a higher regard, using its central role in recent cases to evidence his point. He further considered the modern approach of English law in statutory interpretation, and aimed to prove that statutory interpretation should be considered not only of great importance, but also of great interest.
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The Cambridge Law Faculty has published a lecture given by Lord Carnwath at an event held by the Constitutional Law Matters project. In his speech, Lord Carnwath critically examined the government’s consultation paper and discussed whether it is time for a new British Bill of Rights.
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The Lord Chancellor and Secretary of State for Justice, Shabana Mahmood MP, delivered a speech at the Council of Europe (CoE) in Strasbourg, called for a comprehensive discussion among CoE members about whether the European Convention on Human Rights (ECHR) needs to evolve to restore public confidence in the rule of law. Reaffirming the UK’s enduring commitment to the Convention, she argued that renewing its framework is essential to address contemporary challenges—including populism, the misuse of rights, and pressures in immigration and criminal justice—by rebalancing individual rights with public responsibility. The speech posited the need for reforms that clarify the practical application of Convention rights, such as Article 8, while maintaining the integrity of democratic principles. Mahmood detailed specific domestic reforms designed to clarify deportation procedures and prisoner rights claims, and she announced a €100,000 contribution to the Council of Europe Ukraine Action Plan. Concluding her address, she urged member States to engage in a robust, politically driven dialogue to ensure the Convention evolves effectively to safeguard both liberty and security.
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The Lord Chancellor has published updated Lord Chancellor's Directions for Advisory Committees, implementing reforms to recruitment, governance, and operational efficiency across the magistracy. From 1 November 2025, two versions of the Directions are in effect: a Routine version reflecting standard updates to recruitment, appointment, and oversight processes, and a Pathways version with amended Parts 1 and 3 only, with regions using this version continuing to follow Parts 2, 4, and 5, and all annexes, as normal. The updates aim to support faster, fairer, and more consistent recruitment while maintaining high standards across all regions. The Directions are currently being translated into Welsh and will be made available before the next scheduled round of recruitment campaigns.