Day: 3 September 2014

Proving and Disproving Discrimination – Cloisters

Posted September 3rd, 2014 in age discrimination, burden of proof, costs, damages, employment, employment tribunals, harassment, news, race discrimination, sex discrimination by sally

‘This talk looks at the legal and practical tools available to employment lawyers to prove or disprove direct discrimination and harassment, exploring in particular three areas:
How judges apply the burden of proof s136(2)(3) EA 2010.
What is the role of Comparators in light of the Supreme Court decision of Hewage v Grampian Health Board [2012] ICR 1054, SC.
What role does knowledge of the protected characteristic now play in light of IPC Media Ltd v Millar [2013] IRLR 707.’

Full story

Cloisters, 29th August 2014

Source: www.cloisters.com

EVENT: The Eighth Annual Hart Judicial Review Conference

Posted September 3rd, 2014 in Forthcoming events by sally

‘Hart Publishing and the Editors of Judicial Review are pleased to invite you to the eighth annual Hart Judicial Review Conference. The conference promises to be of extremely high quality, with an excellent chair and panel of speakers dedicated to analysing developments in Judicial Review in 2014.’

Date: 12th December 2014

Location: The Cavendish Conference Centre, 22 Duchess Mews, London, W1G 9DT

Charge: See website for details

More information can be found here.

Juvenile Offenders: A Different Approach Needed? – Part II – No. 5 Chambers

Posted September 3rd, 2014 in crime, crime prevention, criminal damage, criminal justice, custody, media, news, sentencing, theft, young offenders, young persons by sally

‘In this series written for Criminal Law & Justice Weekly, Navpreet Virk and No5 member Richard Gibbs present the opposing arguments surrounding the manner in which the youth courts treat juveniles convicted of criminal offences and examine the countervailing arguments and policies. In the first of this four part series, Nav Virk sets out the general philosophical underpinnings of the current policy approach.’

Full story

No. 5 Chambers, 27th August 2014

Source: www.no5.com

Juvenile Offenders: A Different Approach Needed? – Part I – No. 5 Chambers

Posted September 3rd, 2014 in bereavement, children, crime, crime prevention, criminal justice, custody, education, media, news, poverty, prisons, psychiatric damage, sentencing, young offenders, young persons by sally

‘In this series written for Criminal Law & Justice Weekly, Navpreet Virk and No5 member Richard Gibbs present the opposing arguments surrounding the manner in which the youth courts treat juveniles convicted of criminal offences and examine the countervailing arguments and policies. In the first of this four part series, Nav Virk sets out the general philosophical underpinnings of the current policy approach.’

Full story

No. 5 Chambers, 21st August 2014

Source: www.no5.com

Lack of Capacity – A Trap for Lawyers Removed? – Zenith PI Blog

Posted September 3rd, 2014 in agency, costs, hospitals, medical treatment, mental health, news, personal injuries, solicitors by sally

‘Increasingly, nowadays, solicitors find themselves acting in personal injuries claims for people who may lack mental capacity. This may or may not be the result of the injuries that they have suffered. Unquestionably, the fact that persons may be at one stage fully capable of conducting litigation and at another stage not presents real difficulties for a solicitor. We have seen recently a settlement set aside because the Claimant, who did not have a Litigation Friend, but did not have capacity could not settle the claim. See the recent local case of Dunhill v Burgin in the Supreme Court, [2014] 1WLR 933. So solicitors face a potentially disastrous situation.’

Full story

Zenith PI Blog, 29th August 2014

Source: www.zenithpi.wordpress.com

Bribes and secret commissions: Cedar in the Supreme Court – New Square Chambers

Posted September 3rd, 2014 in agency, bribery, equity, fiduciary duty, news, trusts by sally

‘What claim does a principal have where an agent or other fiduciary receives a bribe or secret commission in breach of the duty owed to him? Is the principal confined to a personal claim for equitable compensation from the fiduciary or canhe show that the bribe or commission was held on trust for him? After two centuries of debate in and out of the courts, the Supreme Court in FHR European Ventures LLP v Cedar Capital Partners [2014] UKSC 45 determined that the bribe or commission is held on trust such that the principal does enjoy a proprietary claim.’

Full story

New Square Chambers, 14th August 2014

Source: www.newsquarechambers.co.uk

IRHPs Mis-selling Claims Update: Consequential Losses – No. 5 Chambers

Posted September 3rd, 2014 in banking, damages, insolvency, interest, news by sally

‘In May 2013 nine banks (“the Banks”) agreed to review their sales to unsophisticated customers in accordance with terms of references agreed with the FCA. At the end of June 2014 the FCA reported that all participating banks had completed their sales reviews in relation to customers who joined the Review before March 2014. By the end of June 2014 the Banks had sent out 16,000 redress letters, 13,500 of which included a cash redress offer and with the balance of 2,500 confirming that the sale had been compliant with the (then) FSA rules or that the customer had suffered no loss. By the end of June 2014 8,000 customers had accepted their redress offers, and the Banks had paid out £1.2 billion.’

Full story

No. 5 Chambers, 19th August 2014

Source: www.no5.com

Jamie Shadrake: Wrexham soldier unlawful killing inquest verdict – BBC News

Posted September 3rd, 2014 in armed forces, inquests, news, unlawful killing by sally

‘A Wrexham soldier killed in Afghanistan was unlawfully killed in an “intense” attack by insurgents, an inquest found.’

Full story

BBC News, 2nd September 2014

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted September 3rd, 2014 in law reports by sally

Court of Appeal (Civil Division)

Kadir v Mistry & Ors [2014] EWCA Civ 1177 (26 March 2014)

Gaurilcikiene v Tesco Stores Ltd [2014] EWCA Civ 1213 (10 July 2014)

Gray v Botwright [2014] EWCA Civ 1201 (09 July 2014)

K (Children) [2014] EWCA Civ 1195 (02 September 2014)

Commissioners of Inland Revenue& Anor v The Test Claimants In the Franked Investment Income Group Litigation [2014] EWCA Civ 1214 (02 September 2014)

High Court (Patents Court)

Teva UK Ltd & Anor v Astrazeneca AB [2014] EWHC 2873 (Pat) (02 September 2014)

Source: www.bailii.org

Met discriminated against black female police officer, tribunal finds – The Guardian

Posted September 3rd, 2014 in employment, employment tribunals, harassment, media, news, race discrimination, racism, sex discrimination by sally

‘Scotland Yard subjected a black female officer to “vindictive … spiteful … insulting, malicious and oppressive” treatment and greeted her victory against the force in a discrimination case by trying to smear her name, a tribunal has found.’

Full story

The Guardian, 2nd September 2014

Source: www.guardian.co.uk

Dog lead mother Jacqueline Angrave jailed after appeal – BBC News

Posted September 3rd, 2014 in appeals, child abuse, child cruelty, mental health, news, psychiatric damage, sentencing by sally

‘A mother who walked her daughter to school on a dog lead during a “campaign of cruelty” has been jailed at the second time of asking.’

Full story

BBC News, 3rd September 2014

Source: www.bbc.co.uk

Man found guilty of sending menacing tweets to Labour MP Stella Creasy – The Guardian

Posted September 3rd, 2014 in internet, media, news, obscenity, sentencing, sexual offences, threatening behaviour, women by sally

‘A man faces jail after sending abusive Twitter messages to Labour MP Stella Creasy after she supported a successful campaign to put Jane Austen on the £10 note.’

Full story

The Guardian, 2nd September 2014

Source: www.guardian.co.uk