Law and religion round-up – 19th March

A week dominated by Brexit, ‘First Minister vs Prime Minister’ and the fall-out from the first judgments of the CJEU on religious manifestation… 

Brexit

As expected, on Monday the Commons rejected the Lords amendments to the European Union (Notification of Withdrawal) Bill, the Lords did not insist on their amendments and the bill passed. So after a total of 70 hours of debate, the EU (Notification of Withdrawal) Bill completed its passage through Parliament and received Royal Assent on Thursday. The BBC reports that the Prime Minister is expected to wait until the end of the month formally to notify the EU of the UK’s intention to leave.

Meanwhile in Scotland… Continue reading

Law and religion round-up – 26th February

Opposite-sex civil partnerships, RE, funny handshakes – and some of the media still don’t understand the difference between Brussels and Strasbourg…

Opposite-sex civil partnerships? Not yet

Rebecca Steinfeld and Charles Keidan lost their appeal against the Administrative Court’s refusal to review the Government’s policy on the extension of civil partnerships to opposite-sex couples: see Steinfeld & Anor v Secretary of State for Education [2017] EWCA Civ 81: we noted the decision here. Continue reading

Child sexual abuse and vicarious liability in Ireland: Hickey

In Hickey v McGowan & Ors [2017] IESC 6, the Supreme Court of Ireland has upheld the judgment of the High Court that the Marist Order was vicariously liable for the sexual abuse which the plaintiff, Pádraig Hickey, suffered at the hands of one Brother Cosgrove between 1969 to 1972 while attending a National School run by the Marists. Although the appeal was successful to the extent that contributory negligence was adjudged to be split equally between the Order and the school manager and the overall award for personal injury was significantly reduced, the Supreme Court upheld the finding of vicarious liability. Continue reading

Law and religion round-up – 12th February

Short form judgments, bats, child abduction and polygamy… 

Short form judgments

The Master of the Rolls has asked his colleagues in the Court of Appeal to issue shorter judgments where there are no issues of law or principle or of wider general significance and where all the relevant facts are set out in the judgment of the court below and are not disputed in the appeal. A Judicial Office spokesman said that in such cases:

“it may be possible to avoid reciting all the facts, the course of the proceedings and the judgments below, and proceed, after a brief introduction, to a statement of the decision on the principal arguments on the appeal and the outcome of the appeal.” Continue reading

Law and religion round-up – 5th February

Brexit yet again, child abuse, abortion, deposition from Orders – the usual mix…

Brexit yet again

On Friday, the Administrative Court threw out the latest Brexit challenge by a group led by Peter Wilding and Adrian Yalland. They argued that, under the terms of Article 127 of the Agreement on the European Economic Area, Parliament should give separate approval to the UK’s exit from the EEA.

Lloyd-Jones LJ and Lewis J concluded that the Government had not made a decision “as to the mechanism by which the EEA agreement would cease to apply within the UK”. As a result, it was not clear at this stage what issues, if any, would fall within the jurisdiction of the courts. All we have at the moment is press reports: we’ll be interested to see the written judgment.

‘EU Withdrawal Bill’ – Second Reading and White Paper Continue reading

Gender dysphoria, family breakdown and Ultra-Orthodox Judaism

Background

In J v B (Ultra-Orthodox Judaism: Transgender) [2017] EWFC 4, the couple, who were members of the North Manchester Charedi Jewish community, ended their marriage in June 2015 when the father, J, left home to live as a woman. J then had no contact with the children because of the attitude of the Charedi community to transsexuals [3 & 4]. J nevertheless “remained an Orthodox Jew, maintaining a kosher diet to the best of her ability and attending Orthodox synagogue when she could” [60]. Continue reading

Law and religion round-up – 29th January

An extraordinarily busy week dominated by Brexit – and just how many more times will we find ourselves saying that?

Brexit and the Supreme Court

Although we steadfastly avoided predicting the outcome of the Supreme Court appeal in the Brexit cases, we were not at all surprised either at the result or that it was an 8/3 split decision. We do not intend to add to the already a mass of analysis on the legal blogs by commentators much more expert than we are; they have been summarized by Robert Craig on the Constitutional Law Group site: Miller: An Index of Reports and Commentary. Continue reading