24/09/2014 – Current Awareness

Unfair Dismissal, Territorial Jurisdiction and the Higgs Boson – Littleton Chambers

Posted September 24th, 2014 in appeals, employment, employment tribunals, foreign jurisdictions, news, unfair dismissal by sally

‘When Lord Hoffmann gave the only substantive judgment of the House of Lords in Lawson v. Serco Ltd [2006] ICR 250 it was no doubt envisaged that the knotty question of territorial jurisdiction of s.94(1) of the Employment Rights Act 1996 (“ERA 1996”)– the right not to be unfairly dismissed – would be resolved once and for all. It was, after all, the first time that their Lordships had considered the question, and they did so unanimously in the context of three co-joined appeals.’

Littleton Chambers, 22nd September 2014

Source: www.littletonchambers.com

Part 36: All change please – Hardwicke Chambers

Posted September 24th, 2014 in appeals, civil procedure rules, costs, indemnities, news by sally

‘Just when you thought you had got to grips with the updated Part 36 rules and post Jackson benefits, the Civil Procedure Rule Committee announced it was considering reforms to Part 36.’

Hardwicke Chambers, 15th September 2014

Source: www.hardwicke.co.uk

The Right to Die: A Moral or Legal question? Or Both? – No. 5 Chambers

Posted September 24th, 2014 in appeals, assisted suicide, bills, euthanasia, medical ethics, news, Supreme Court by sally

‘Late last month the Supreme Court of the UK handed down a judgment on the cases of two severely disabled men who want other people to help them to die.’

No. 5 Chambers, 18th September 2014

Source: www.no5.com

Spousal Maintenance: How appealing is an appeal? Appeal Cost consequences explored – Zenith Chambers

Posted September 24th, 2014 in appeals, costs, families, married persons, news by sally

‘In H v W [2014] EWHC 2846 (Fam) Eleanor King J revisited the issue of costs.’

Full story (PDF)

Zenith Chambers, 22nd September 2014

Source: www.zenithchambers.co.uk

Lawful Age Discrimination? – No. 5 Chambers

Posted September 24th, 2014 in age discrimination, appeals, employment, employment tribunals, news, redundancy, retirement by sally

‘Caroline Jennings reviews the recent EAT case of Palmer v RBS UKEAT/0083/14 which concerns whether or not a statutory restriction on eligibility for early retirement benefits could amount to age discrimination.’

No. 5 Chambers, 19th September 2014

Source: www.no5.com

Developments in fundamental dishonesty – Hardwicke Chambers

Posted September 24th, 2014 in bills, costs, criminal justice, damages, fundamental dishonesty, medical treatment, news, personal injuries by sally

‘Personal injury practitioners will be aware of the significance of a finding of fundamental dishonesty in the context of Qualified One-Way Costs Shifting (“QoCs”) following the implementation of the Jackson reforms. In addition to this those words could soon take on a new significance in the context of a defendant’s liability to a claimant and consequent costs orders in personal injury claims.’

Hardwicke Chambers, 15th September 2014

Source: www.hardwicke.co.uk

A mortgage without a valid mortgage deed – Hardwicke Chambers

Posted September 24th, 2014 in estoppel, litigants in person, mortgages, news, repossession, trusts by sally

‘There have been a number of attempts by those facing repossession and worse at the hands of mortgage lenders to dispute the validity of the claims against them on the basis of a failure to comply with the necessary legal formalities. Mortgage lenders typically send a mortgage offer letter that they invite their borrower to sign. Often the mortgage lender does not formally sign the offer letter. At the time of an advance there is usually a mortgage deed which is often signed by the borrower not the lender.’

Hardwicke Chambers, 10th September 2014

Source: www.hardwicke.co.uk

Best Interests Reviewed: United Lincolnshire Hospitals NHS Trust v N [2014] EWCOP 16 – No. 5 Chambers

Posted September 24th, 2014 in Court of Protection, health, medical ethics, medical treatment, news by sally

‘This recent case in the Court of Protection considered best interests in the context of a minimally conscious patient and whether it was lawful for the applicant trust to cease making further efforts to maintain artificial nutrition.’

No. 5 Chambers, 18th September 2014

Source: www.no5.com

Proposed Legislative Changes To Judicial Review: The Current Position – No. 5 Chambers

Posted September 24th, 2014 in bills, costs, criminal justice, human rights, judicial review, news, public interest by sally

‘The Criminal Justice and Courts Bill, which introduces significant changes to judicial review, is making rapid progress through Parliament. The House of Lords Committee stage completed on 30 July 2014 and all that remains now is the House of Lords report stage due at the end of October, with royal assent expected by the end of the year. Whilst there are indications that certain members of the Lords disagree with some of the provisions and some may yet be amended or frustrated, the current version of the Bill retains the significant provisions on judicial review.’

No. 5 Chambers, 18th September 2014

Source: www.no5.com

Clarifying the legal framework for social investment by charities – Law Commission

Posted September 24th, 2014 in charities, Law Commission, news by sally

‘In a paper published today the Law Commission explains the existing legal framework for social investment by charities and recommends measures to simplify and clarify the law.’

Law Commission, 24th September 2014

Source: www.lawcommission.justice.gov.uk

Teather’s Tether – Will the Tenancies (Reform) Bill be a sticker? – Zenith Chambers

Posted September 24th, 2014 in bills, housing, landlord & tenant, news, utilities by sally

‘Aided by a campaign from Shelter to put an end to “retaliatory eviction” in the private rented sector, Sarah Teather MP introduced a private members bill on 3rd July 2014. This is to address the situation where a tenant, making a legitimate complaint that rented premises are in a state of disrepair, is immediately met with a s. 21 notice and the accelerated procedure for possession. Rather than face up to their responsibilities, or risk a challenge in rent possession proceedings by way of defence and counterclaim for damages for disrepair, unscrupulous landlords choose simply to evict the tenant using the swift and final “no fault” route to possession.’

Full story (PDF)

Zenith Chambers, 12th September 2014

Source: www.zenithchambers.co.uk

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

Posted September 24th, 2014 in criminal justice, education, news, sentencing, young offenders, young persons, youth courts 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 final part of this series, Richard Gibbs writes that the criminal justice system is predicated on finding the fairest way of dealing with juveniles.’

No. 5 Chambers, 10th September 2014

Source: www.no5.com

BAILII: Recent Decisions

Posted September 24th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Tidal Energy Ltd v Bank of Scotland Plc [2014] EWCA Civ 847 (30 April 2014)

High Court (Technology and Construction Court)

Hurley Palmer Flatt Ltd v Barclays Bank Plc [2014] EWHC 3042 (TCC) (23 September 2014)

Source: www.bailii.org

Dave Lee Travis could face jail sentence after indecent assault conviction – The Guardian

Posted September 24th, 2014 in bail, news, sentencing, sexual offences by sally

‘The former BBC Radio 1 DJ Dave Lee Travis faces a possible prison sentence after being convicted of indecently assaulting a woman working in television almost 20 years ago.’

The Guardian, 23rd September 2014

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 24th, 2014 in news by sally

The Public Bodies (Marine Management Organisation) (Fees) Order 2014

The Equality Act 2010 (Equal Pay Audits) Regulations 2014

Source: www.legislation.gov.uk

Hoax child death caller jailed – The Guardian

Posted September 24th, 2014 in news, sentencing, telecommunications, victims by sally

‘A hoax caller who phoned families at random and claimed their relatives had died has been jailed for four months.’

The Guardian, 23rd September 2014

Source: www.guardian.co.uk

Black female Met Police firearms officer who won £40k at tribunal has all charges against her dropped – The Independent

Posted September 24th, 2014 in assault, damages, employment tribunals, firearms, harassment, indecent photographs of children, news, perverting the course of justice, police, race discrimination, threatening to destroy or damage property by sally

‘PC Carol Howard was arrested and bailed for more than a year over eight different allegations, including assault, witness intimidation and possession of an indecent image of a child.’

The Independent, 23rd September 2014

Source: www.independent.co.uk

Children being denied justice by legal cuts, says children’s commissioner – The Guardian

Posted September 24th, 2014 in budgets, children, HM Courts Service, housing, legal aid, news, young persons by sally

‘Vulnerable teenagers are being deprived of justice because cuts to legal aid are preventing them from getting representation, a report by the children’s commissioner said on Wednesday.”

The Guardian, 24th September 2014

Source: www.guardian.co.uk

Criminals could appeal after Home Office admits potentially misleading DNA evidence presented to juries – Daily Telegraph

Posted September 24th, 2014 in appeals, crime, crime prevention, DNA, juries, news by sally

‘Forensic expert Peter Gill, who raised the issue with the Home Office in April said the recognition that subjective interpretations of DNA evidence were potentially biased and unscientific and could lead to a number of appeals.’

Daily Telegraph, 23rd September 2014

Source: www.telegraph.co.uk

Prison book restriction ‘harms studying’ – BBC News

Posted September 24th, 2014 in education, libraries, Ministry of Justice, news, prison officers, prisons by sally

‘Restrictions on the number of books prisoners in England and Wales can have in their cells is inhibiting inmates’ ability to learn, a charity warns.’

BBC News, 24th September 2014

Source: www.bbc.co.uk

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