‘Type the words “have human rights …” into Google and it automatically suggests “… gone too far[?]”.
This isn’t a surprise: for many people human rights, as set out in the Human Rights Act 1998, are a byword for reckless absurdity. It is a villains’ charter which cares not a jot for law-abiding citizens.’
Halsbury’s Law Exchange, 12th December 2014
Source: www.halsburyslawexchange.co.uk
‘In a consultation opening today the Law Commissions of England and Wales, Scotland and Northern Ireland set out provisional proposals for reforming the law that governs the conduct of elections and referendums across the UK.’
UK Constitutional Law Association, 12th December 2014
Source: www.ukconstitutionallaw.org
‘Indeterminate sentences and the inadequate funding of rehabilitation during them has posed problems since Imprisonment for Public Protection (IPP) sentences hamstrung the system. The courts here and in Strasbourg have been in two minds what to do about cases where prisoners have not received the assistance they ought to have received – and hence are not, by domestic standards, ready for release.’
UK Human Rights Blog, 11th December 2014
Source: www.ukhumanrightsblog.com
‘It is time for pleadings to get “back to basics”, the Court of Appeal said yesterday after suggesting that “practitioners have, on occasion, lost sight” that their aim is to help the court and the parties.’
Litigation Futures, 12th December 2014
Source: www.litigationfutures.com
‘A man who attacked the Respect MP George Galloway in the street while calling him an “antisemitic little man” has been jailed for 16 months.’
The Guardain, 11th December 2014
Source: www.guardian.co.uk
‘A stage manager for an award-winning theatre company, left paralysed after walking through an unmarked backstage door into “thin air” and falling three metres, has been awarded £3.7m in compensation, in one of the biggest payouts in the UK entertainment sector.’
The Guardian, 11th December 2014
Source: www.guardian.co.uk
‘The transport and environment committee of umbrella group London Councils has approved £80 fines for spitting in public places.’
BBC News, 11th December 2014
Source: www.bbc.co.uk
‘A man who imprisoned his wife in their home and expected her to be a servant cannot be allowed to see his two daughters, senior judges have ruled.’
Full story
The Guardian, 11th December 2014
Source: www.guardian.co.uk
‘Restaurants and takeaways across Europe will be required by law to tell customers if their food contains ingredients known to trigger allergies.’
BBC News, 12th December 2014
Source: www.bbc.co.uk
‘The couple are said to have funded a luxury lifestyle of holidays and jewellery with ‘scandalous ease’.’
Daily Telegraph, 11th December 2014
Source: www.telegraph.co.uk
‘An “extremist” mother-of-six who took pictures of her toddler son holding a toy gun and daydreamed about sending his eight-year-old brother to fight jihad when he grows up has been jailed for five years and three months for promoting terrorism on social media.’
The Guardian, 11th December 2014
Source: www.guardian.co.uk
‘In 2006, it was estimated that 35% of all GP consultations involved a mental health problem and by 2011 stress had become the most common cause of long-term sickness absence for both manual and non-manual workers. If these figures are not reason enough for employers to address their employees’ mental health issues, there are plenty more statistics that may convince them:
It is estimated that three in ten people will experience a mental health problem in any one year, and this figure is likely to increase.
Work-related stress costs Britain 10.4 million working days per annum, with a disconcerting 91 million days per year lost to mental health problems generally.
The Centre for Mental Health estimates that the total cost of mental health problems at work is over £30 billion a year.
When working long hours, more than a quarter of employees feel depressed (27%), one third feel anxious (34%) and more than half feel irritable (58%).’
Hardwicke Chambers, 11th December 2014
Source: www.hardwicke.co.uk
‘Contrary to what some media reports would have us believe, Prison Service Instruction (“PSI”) 30/2013 did not impose an absolute ban on books in prisons. It did, however, impose severe restrictions on the possession or acquisition of books which a prisoner can treat as his or her own. The High Court has found that those restrictions could not be justified by the limited provision of prison library services and are therefore unlawful.’
UK Human Rights Blog, 11th December 2014
Source: www.ukhumanrightsblog.com
‘Having your home repossessed by your mortgagee is not, one imagines, a happy experience, and not one which would incline you to act charitably towards your bank. Few are the defaulting borrowers who treat their houses to a spring clean on their final day before the order for possession is executed, apologising to the bailiffs that they don’t seem able to put their hands on any tea bags. Or indeed the kettle. It’s all been packed, you see. A commoner experience is to find that at least some belongings have been left behind. A bin bag here, a wonky shelving unit there. There’s nothing like losing your home to make you reassess the stuff which surrounds you, and decide whether now might be a good time to de-clutter your life. And why go to the expense of hiring a skip when you can leave your mortgagee with the cost of doing it for you?’
Hardwicke Chambers, 11th December 2014
Source: www.hardwicke.co.uk
‘Many large employers (particularly those who acquire other businesses over time) are faced with employees (often senior and important employees) on ‘old’ contracts with unenforceable, inappropriate or even no restrictive covenants. Quite aside from the potential difficulties posed by TUPE, remedying that problem often proves difficult in practice, and requires careful management.’
Littleton Chambers, 8th December 2014
Source: www.littletonchambers.com
‘In Kapenova v. Department of Health [2014] ICR 884, the first case of its kind in the health sector, the EAT has held that an entry criterion for the two year Foundation Programme for medicine graduates is a justified infringement of EU free movement rights. Kapenova demonstrates that: (i) a claim for unjustified infringement of free movement rights can be pursued as a claim for indirect nationality discrimination under the Equality Act 2010 before the Employment Tribunal, and; (ii) the approach to the justification defence under EU law and domestic law is the same.’
Littleton Chambers, 11th December 2014
Source: www.littletonchambers.com
‘Mr White, a retired circuit judge, brought claims against the MoJ for age discrimination.
By an amendment, he added claims for breaches under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 and an allegation that the decision not to appoint him to the position of deputy circuit judge after his retirement was an act of age discrimination. These two additional claims were subsequently dismissed on the basis that they were out of time.
The tribunal therefore only considered one issue: is the requirement for a judge to retire on his or her 70th birthday an act of age discrimination?’
Cloisters, 9th December 2014
Source: www.cloisters.com
‘In Sash Window Workshop v King theEmployment Appeal Tribunal returned to two of the central controversies in recent holiday pay case-law. Firstly the right to carry annual leave entitlement over from one leave year to the next. Secondly the right to claim back pay for untaken leave in historic leave years, particularly upon the termination of employment.’
Cloisters, 7th December 2014
Source: www.cloisters.com
‘This paper considers some selected topics in the broad (and full of case law) topic of homeless persons, together with a brief mention of the duty of local housing authorities to carry out a review of accommodation needs.’
Full story (PDF)
No. 5 Chambers, 9th December 2014
Source: www.no5.com
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