April 2017 – Page 14 – Current Awareness

No back-peddling – workers’ rights are gaining pace in the gig economy – Cloisters

Posted April 6th, 2017 in contract of employment, employment, employment tribunals, news, self-employment by sally

‘Following the recent decisions of the Court of Appeal in Pimlico Plumbers and the Employment Tribunals in Citysprint and Uber, companies in the gig economy suffered another blow yesterday with the decision in Boxer v Excel Group Services Limited. This case augments the growing number of judgments in which staff that are ostensibly self-employed are found to be “workers” in law, and hence entitled to basic rights such as holiday pay and rest breaks.’

Cloisters, 24th March 2017

Source: www.cloisters.com

Dove v Havering LBC – Arden Chambers

Posted April 6th, 2017 in adjournment, appeals, housing, landlord & tenant, local government, news, social services, tribunals by sally

‘The Court of Appeal has dismissed an appeal against a decision that two joint tenants had lost security of tenure under the Housing Act 1985 because they no longer occupied the property as their only or principal home.’

Arden Chambers, 16th March 2017

Source: www.ardenchambers.com

Whose Rights are they anyway? Supreme Court gives judgment in FCA v Macris – Blackstone Chambers

Posted April 6th, 2017 in appeals, enforcement, financial regulation, human rights, news, notification, Supreme Court, third parties, tribunals by sally

‘Criticism can hurt. Public criticism by a regulator taking enforcement action can hurt more. The law has long sought to ensure that those potentially subject to criticism have an opportunity to answer what is said against them.’

Blackstone Chambers, 5th April 2017

Source: www.blackstonechambers.com

No “reason why”: Essop and Naeem in the Supreme Court – Cloisters

Posted April 6th, 2017 in age discrimination, appeals, civil servants, equal pay, equality, news, race discrimination, sex discrimination, Supreme Court by sally

‘Robin Allen QC and Anna Beale consider the latest case on indirect discrimination and ask the pressing question: are equal pay cases suddenly significantly easier for Claimants?’

Cloisters, 5th April 2017

Source: www.cloisters.com

Service Charges: No Double Recovery – Local Government Law

Posted April 6th, 2017 in appeals, costs, housing, leases, local government, news, service charges by tracey

‘In Sheffield City Council v Oliver (2007) EWCA Civ 225 the local authority was unsuccessful in its appeal from an Upper Tribunal (Lands Chamber) decision concerning the funding of major refurbishment works to several blocks of flats of which it is the freeholder.’

Local Government Law, 5th April 2017

Source: www.11kbw.com/blogs/local-government-law

Immigration and Minimum Income Requirements – “significant hardship” caused, but still ECHR compatible – UK Human Rights Blog

Posted April 6th, 2017 in appeals, children, employment, families, human rights, immigration, news, remuneration, Supreme Court by tracey

‘SS (Congo) v Entry Clearance Officer, Nairobi, [2017] UKSC 10. The Supreme Court has ruled that, in principle, the need for spouses or civil partners in the UK to have an annual minimum income of £18,600 in order to obtain entry clearance for their non-EEA spouse/civil partner to be compliant with the European Convention on Human Rights (“ECHR”). However, the Supreme Court stated that the relevant Immigration Rules relating to such Minimum Income Requirements (“MIR”) failed to adequately take account of the need to safeguard and promote the welfare of children when making an entry decision. Finally, the prohibition on taking into account prospective earnings of the foreign spouse or civil partner when applying the MIR was inconsistent with the evaluative exercise required under Article 8, ECHR.’

UK Human Rights Blog, 6th April 2017

Source: www.ukhumanrightsblog.com

Former top judge sounds alarm over “flawed and rushed” discount rate consultation – Litigation Futures

Posted April 6th, 2017 in consultations, damages, judges, news, personal injuries by tracey

‘A former senior judge has expressed alarm at the way the government is rushing to “neutralise” the impact of the Lord Chancellor’s decision to cut the discount rate to -0.75%, based on what he says is a flawed consultation and without considering the effect on injured people.’

Litigation Futures, 6th April 2017

Source: www.litigationfutures.com

28 day pre-charge bail limit comes into force – Home Office

Posted April 6th, 2017 in bail, criminal procedure, news, time limits by tracey

‘Government introduces new pre-charge bail limit of 28 days as part of the Policing and Crime Act, which comes into effect today (Monday 3 April).’

Full press release

Home Office, 3rd April 2017

Source: www.gov.uk/home-office

Teen jailed for carrying zombie knife – Crown Prosecution Service

Posted April 6th, 2017 in offensive weapons, press releases, sentencing, threatening behaviour, young persons by tracey

‘A teenager convicted of wielding a “zombie-killer” knife has been imprisoned.’

Full press release

Crown Prosecution Service, 5th April 2017

Source: www.cps.gov.uk

A Brave New World: Partly Contesting FCA Enforcement Proceedings – Blackstone Chambers

Posted April 6th, 2017 in dispute resolution, enforcement, financial regulation, news by sally

‘Until 1 March 2017, people subject to FCA enforcement proceedings faced a binary choice: either settle or contest. That is no longer so. A key change to the FCA’s enforcement process in a recent policy statement has now taken effect: the introduction of partly contested cases. This new option will no doubt be of considerable interest to the regulated community and their legal advisers.’

Blackstone Chambers, 5th April 2017

Source: www.blackstonechambers.com

Man who shouted homophobic abuse at dog walkers gets tougher sentence – Crown Prosecution Service

Posted April 6th, 2017 in assault, community service, harassment, homosexuality, press releases, sentencing, threatening behaviour by tracey

‘A man who shouted homophobic abuse at a walker to scare him off Barnes Common and assaulted another man has been sentenced to an 18-month community order.’

Full press release

Crown Prosecution Service, 4th April 2017

Source: www.cps.gov.uk

Safeguarding in Sport – Blackstone Chambers

Posted April 6th, 2017 in child abuse, children, criminal records, news, sport, vetting by sally

‘This paper is the first in a series to be published on the Sports Law Bulletin following presentations made at Blackstone Chambers’ Integrity in Sport – the Battleground seminar on 30th March 2017.’

Blackstone Chambers, 5th April

Source: www.sportslawbulletin.org

Tribunal fees ‘barrier to justice’, rights committee says – Law Society’s Gazette

Posted April 6th, 2017 in employment tribunals, fees, human rights, news, reports, select committees, tribunals by tracey

‘Employment tribunal fees create impunity to bosses abusing human rights, parliamentarians have said, accusing the Ministry of Justice of complacency on some of the barriers faced by people seeking access to justice.’

Law Society’s Gazette, 6th April 2017

Source: www.lawgazette.co.uk

Domestic Child Abduction – Legal Responses – Family Law Week

Posted April 6th, 2017 in appeals, child abduction, news, practice directions by tracey

‘Edward Devereux QC, Dr Rob George and Edward Bennett of Harcourt Chambers consider the legal options for the left behind parent where his or her child has been taken by the other parent to another part of England and Wales.’

Family Law Week, 4th April 2017

Source: www.familylawweek.co.uk

Supreme court upholds ban on term-time holidays – The Guardian

Posted April 6th, 2017 in appeals, education, fines, holidays, local government, news, parental responsibility, school children, Supreme Court by tracey

‘The ban on parents taking their children out of school for family holidays during term time has been upheld by the supreme court.’

The Guardian, 6th April 2017

Source: www.guardian.co.uk

Turley v Wandsworth LBC (Secretary of State for Communities and Local Government intervening) – Arden Chambers

Posted April 6th, 2017 in appeals, cohabitation, housing, human rights, landlord & tenant, local government, married persons, news, succession by sally

‘The Court of Appeal has held that the difference in the residence requirements for statutory succession to secure tenancies between married couples (or civil partners) and unmarried couples living together as man and wife (or as civil partners) under the former s.87, Housing Act 1985, was not a breach of Art.14, European Convention of Human Rights, read with Art.8.’

Arden Chambers, 24th March 2017

Source: www.ardenchambers.com

Liverpool banned from signing academy players and fined £100,000 – The Guardian

Posted April 6th, 2017 in children, complaints, disqualification, education, fines, news, school children, sport by tracey

‘Liverpool have been fined £100,000 and banned from signing academy players from English league clubs for two years after being found guilty of tapping up a schoolboy from Stoke City.’

The Guardian, 5th April 2017

Source: www.guardian.co.uk

Sheffield CC v Oliver – Arden Chambers

Posted April 6th, 2017 in appeals, cohabitation, housing, human rights, landlord & tenant, local government, married persons, news, succession by sally

‘The Court of Appeal has held that the words “costs … incurred” in the service charge provisions in a right to buy lease were to be given a natural and not a special meaning; accordingly, the Upper Tribunal had been wrong to hold that such costs were reduced by third-party energy-saving funding received by the landlord from an energy provider in relation to a major works programme; but the Court was required to determine for itself the “fair proportion” of the costs to which the leaseholder was required to contribute, and a deduction was to be made in relation to part of the funding received which was attributable to the leaseholder’s flat.’

Arden Chambers, 4th April 2017

Source: www.ardenchambers.com

More than 100 parents per school day are being prosecuted for taking their children out of school, new figures show – Daily Telegraph

Posted April 6th, 2017 in disabled persons, education, holidays, local government, news, parental responsibility, prosecutions, school children, sentencing, statistics by tracey

‘More than a hundred parents are being prosecuted per school day for taking their children out of school without permission, new figures have revealed on the eve of the Supreme Court’s ruling on term-time holidays.’

Daily Telegraph, 6th April 2017

Source: www.telegraph.co.uk

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