25/08/2016 – Current Awareness

Prevent Duty Part 3: British Values, Human Rights and handling “due regard” duty in practice – Cloisters

Posted August 25th, 2016 in crime prevention, equality, freedom of expression, human rights, news, terrorism, universities by sally

‘In this third article Declan O’Dempsey looks at the concept of “British Values” in the context of the Prevent Duty. It appears in the definition of “extremism” in the Guidance. British values are mentioned in the Guidance. However only examples are given of what constitute British values. In a post Brexit discussion these values have taken on a more important aspect. To what extent is tolerance a British Value?’

Cloisters, 16th August 2016

Source: www.cloisters.com

QOCS: The Strike Out and Fundamental Dishonesty Exceptions in Action – Hardwicke Chambers

Posted August 25th, 2016 in civil procedure rules, costs, evidence, fundamental dishonesty, interpreters, news, striking out by sally

‘There are still relatively few findings of fundamental dishonesty being made by Courts. Despite the fact that this is obviously an important exception to the QOCS regime, the fundamental dishonesty threshold is proving a difficult hurdle for Defendants to meet. This article explores a recent finding of fundamental dishonesty and the lessons that can be learned by Claimants and Defendants in such cases.’

Hardwicke Chamebrs, 17th August 2016

Source: www.hardwicke.co.uk

Clearer on costs – Hardwicke Chambers

Posted August 25th, 2016 in costs, landlord & tenant, news, regulations, tribunals by sally

‘Rule 13(1) of the Tribunal Procedure (First-tier Tribunal)(Property Chamber) Rules 2013 (SI 2013/1169) provides that the Property Chamber of the First Tier Tribunal (FTT) may order costs(other than fees) in several limited circumstances. Of most interest to landlords, managing agents and others involved in FTT cases is r 13(1)(b), which provides for costs orders (in agricultural land and drainage, residential property or leasehold cases) “if a person has acted unreasonably in bringing, defending, or conducting proceedings”.’

Hardwicke Chambers, 5th August 2016

Source: www.hardwicke.co.uk

Kratzer v RAV AG: Access to Employment versus access to compensation – Cloisters

Posted August 25th, 2016 in age discrimination, compensation, EC law, employment, news by sally

‘Those with long memories will recall a Mr John Berry (alias) who was said to have made ET litigation a veritable cottage industry. Mr Berry’s modus operandi was to locate advertisements (principally placed by recruitment agencies) for roles across the UK which contained terminology allegedly targeting younger people such as “school leavers” or “recent graduates.” Estimates suggest that Mr Berry presented over 60 such claims, several of which led to financial settlement. A number of these claims ultimately made their way to Underhill P in Berry v Recruitment Revolution and ors UKEAT/0419/10/LA etc. On that occasion the EAT determined that an individual who has not applied for a role advertised in discriminatory terms and was not deterred from so applying had no right to compensation.’

Cloisters, 18th August 2016

Source: www.cloisters.com

Prevent Duty Part 4: Practical operation of a “due regard” duty: lessons from the Equality Act 2010 for the application of the Prevent Duty by universities – Cloisters

Posted August 25th, 2016 in crime prevention, equality, freedom of expression, human rights, news, terrorism, universities by sally

‘In his fourth article on Prevent Duty Declan O’Dempsey looks at the similarities between the Prevent Duty to have due regard and consider what the practical application of that duty to have due regard will look like in the light of the existing body of case law on the analogous s 149 of the Equality Act 2010.’

Cloisters, 22nd August 2016

Source: www.cloisters.com

Government sets out new measures to tackle extremism in prisons – Ministry of Justice

Posted August 25th, 2016 in freedom of expression, Islam, news, prison officers, prisons by sally

‘Extremists to be held in ‘specialist units’, a crackdown on extremist literature and tightened vetting of prison chaplains.’

Ministry of Justice, 22nd August 2016

Source: www.gov.uk/government/organisations/ministry-of-justice

Administrative Court Judicial Review Guide 2016: Help for persons representing themselves (“litigants in person”)? – Cloisters

Posted August 25th, 2016 in Administrative Court, courts, judicial review, litigants in person, news by sally

‘In this blog I consider the Administrative Court’s Judicial Review Guide 2016 (“the Guide”). It is undoubtedly a massive help for solicitors, barristers and other legal advisers who are dealing with judicial review claims even on an infrequent basis. How much help can it be for a litigant in person?’

Cloisters, 1st August 2016

Source: www.cloisters.com

Unduly Lenient Sentence scheme ensuring justice for victims of crime and their families – Attorney General’s Office

Posted August 25th, 2016 in appeals, news, sentencing, statistics, victims by sally

‘More than 100 offenders had their prison sentences lengthened following referrals by the Attorney and Solicitor General to the Court of Appeal under the Unduly Lenient Sentence (ULS) scheme during 2015.’

Attorney General’s Office, 24th August 2016

Source: www.gov.uk/ago

The Prevent Duty Part 2: Government Guidance and Practical Guidance – Cloisters

Posted August 25th, 2016 in crime prevention, equality, freedom of expression, news, terrorism, universities by sally

‘In this article I deal with the government issued guidance on the Prevent Duty under section 21 of the Counter-Terrorism and Security Act 2015 as it applies to universities.’

Cloisters, 2nd August 2016

Source: www.cloisters.com

Statistics show those owed money are being “priced out of court” – The Bar Council

Posted August 25th, 2016 in courts, debts, fees, news, statistics by sally

‘Businesses and individuals seeking money owed to them are being priced out of court, warns the Bar Council, as figures from the Registry Trust show a 19 per cent drop in county court judgments against businesses in the first half of 2016.

The Bar Council, 23rd August 2016

Source: www.barcouncil.org.uk

You have my word: Oral Variations of Licence – Hardwicke Chambers

Posted August 25th, 2016 in appeals, contracts, news by sally

‘There has been some uncertainty on whether anti-oral variation clauses are binding. In 2000 and 2002 the Court of Appeal delivered conflicting judgments on the matter. However, this year we have been treated to two judgments in as many months. This article reviews the decision in MWB Business Exchange Centres Limited v Rock Advertising Limited [2016] EWCA Civ 553 and considers its impact for property lawyers.’

Hardwicke Chambers, 8th August 2016

Source: www.hardwicke.co.uk

The legal consequences of illegality: The Supreme Court’s judgment in Patel v Mirza – Cloisters

Posted August 25th, 2016 in appeals, contracts, illegality, insider dealing, news, Supreme Court by sally

‘When the Court of Appeal heard this claim, Gloster LJ began her judgment with what Lord Toulson in the Supreme Court called a “cri de coeur”.’

Cloisters, 26th July 2016

Source: www.cloisters.com

Bitter taste for Byron staff – how to handle the immigration obligations – Cloisters

Posted August 25th, 2016 in contract of employment, employment, immigration, news, race discrimination by sally

‘Last week Byron, the upmarket burger chain called their employees into a meeting, which was cast as a meeting to teach them how to cook burgers. Immigration officers turned up to this (allegedly) stooge meeting (the employees were not there to learn how to cook burgers, but apparently to be investigated by the Immigration Service). Immigration detained and removed a number of employees – whom it turns out had been working on illegal passports and visas. It was reported that some of the employees were deported from the UK that evening, without the opportunity to say their goodbyes to family or colleagues.’

Cloisters, 17th August 2016

Source: www.cloisters.com

Race Discrimination and Housing in post-Brexit Britain – Cloisters

Posted August 25th, 2016 in harassment, housing, immigration, landlord & tenant, news, race discrimination by sally

‘In this article Catherine Casserley and Tom Gillie consider race discrimination in housing and, in particular, the obligations that landlords have not to discriminate themselves and to take action when their tenants are experiencing discrimination and harassment by other tenants.’

Cloisters, 22nd August 2016

Source: www.cloisters.com

Judgment in default—failure to file defence to counterclaim – Hardwicke Chambers

Posted August 25th, 2016 in default judgments, defence, mortgages, news by sally

‘The claimant lender, C, sought possession of residential property owned jointly by D1 and his partner D2 (the property) pursuant to a purported legal charge entered into by both the D1 and D2 (the charge). The charge secured D1’s liability to C arising under a guarantee whereby D1 had guaranteed the indebtedness of his company, “Ascot” to C.’

Hardwicke Chambers, 3rd August 2016

Source: www.hardwicke.co.uk

Out of time but not out of options: Court of Appeal clarify how to deal with limitation defences in contribution claims in WH Newson v IMI – Hardwicke Chambers

Posted August 25th, 2016 in appeals, contribution, news, time limits by sally

‘I don’t know if this has also been your experience, but for some reason the workings of the Civil Liability (Contribution) Act 1978 (the Act) always seems to cause consternation.’

Hardwicke Chambers, 18th August 2016

Source: www.hardwicke.co.uk

Donald, Where’s Your Schedule 3 Condition to Share Information Aboot Your Troosers? – Panopticon

Posted August 25th, 2016 in appeals, data protection, human rights, news, Scotland, Supreme Court by sally

‘The insularity of English lawyers can often mean that limited attention is paid to legal developments north of the border. Scotland, like the past, is a legally foreign country and they do things differently there. However, we here at Panopticon are never afraid to join a rousing chorus of ‘500 Miles’ by The Proclaimers (you should see some of the blog’s team at the Christmas Party – carnage). Readers with elephantine memories and little to do by way of fun may recall my post on the Inner House’s judgment concerning the ‘Named Person Service’. At the end of term, the case reached the Supreme Court in The Christian Institute v Lord Advocate [2016] UKSC 51. Apologies in advance for the length of the post which follows…’

Panopticon, 25th August 2016

Source: www.panopticonblog.com

Stamp duty aftershock triggers rollercoaster ride for conveyancers ahead of Brexit vote – Legal Futures

Posted August 25th, 2016 in conveyancing, news, stamp duty, taxation by sally

‘Conveyancing activity in Q2 followed a rollercoaster journey with transactions jumping by almost a quarter (24%) year-on-year – up from 230,430 to 286,425 – as completions were registered following the rush to beat the Stamp Duty Land Tax (SDLT) changes for buy-to-let properties and second homes on 1 April 2016, according to the latest edition of the Conveyancing Market Tracker from Search Acumen, the search provider.’

Legal Futures, 25th August 2016

Source: www.legalfutures.co.uk

Former councillor jailed for supplying false information ahead of election – Local Government Lawyer

Posted August 25th, 2016 in elections, electoral register, fraud, local government, news, sentencing by sally

‘An ex-councillor has been jailed for two months after pleading guilty to supplying false information to an electoral registration officer.’

Local Government Lawyer, 24th August 2016

Source: www.localgovernmentlawyer.co.uk

‘Soft’ prison sentences extended after complaints – BBC News

Posted August 25th, 2016 in appeals, complaints, news, sentencing by sally

‘The prison sentences of 102 offenders in England and Wales were extended last year, following complaints the original terms were too soft.’

BBC News, 25th August 2016

Source: www.bbc.co.uk

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