Ifan Owens: Five men jailed for attacking Aberystwyth student – BBC News
‘Five men laughed as they were sentenced for attacking a university student which left him in a coma.’
BBC News, 8th August 2018
Source: www.bbc.co.uk
Month: August 2018
Equality Act and ‘reasonable to remain’ – Nearly Legal
‘Ms L “suffers from a number of both physical and mental problems. She is wheelchair bound and is confined to bed for large portions of the day. She requires 24-hour care, including intimate care which for the time being is provided by her former partner.” She had the tenancy of a housing association property – a two bedroomed bungalow in sheltered accommodation, which was adapted for her needs.’
Nearly Legal, 9th August 2018
Source: nearlylegal.co.uk
Ep. 41: Brexit – The white paper – Law Pod UK
‘Professor Barnard discusses with journalist Boni Sones, her reaction to the publication of the government’s White Paper, the Cabinet resignations of David Davis and Boris Johnson, and the negotiating position of the EU since the UK triggered Article 50 in March 2017.’
Law Pod UK, 8th August 2018
Source: audioboom.com
Justice secretary wrong to push Parole Board chair to quit, judge rules – The Guardian
‘A high court judge has ruled it was unacceptable for the justice secretary to pressurise the Parole Board chair Nick Hardwick into resigning, and that the board lacks independence from the government.’
The Guardian, 9th August 2018
Source: www.theguardian.com
Cheese burglar: Hungry thief caught after leaving DNA on a block of Red Leicester – Daily Telegraph
‘A hungry burglar was caught after leaving his DNA on a block of cheese, a court heard yesterday.’
Daily Telegraph, 9th August 2018
Source: www.telegraph.co.uk
Modern slavery in the UK: ‘They could be sat right in front of you’ – BBC News
‘Slavery still exists in the UK, and it can be found in nail bars, factories, car washes and the cleaning industry.’
BBC News, 10th August 2018
Source: www.bbc.co.uk
International jewel thief guilty of Clapham murders – BBC News
‘An international jewel thief has been convicted of murdering two men over £35,000 worth of stolen watches and a set of Napoleonic coins.’
BBC News, 9th August 2018
Source: www.bbc.co.uk
English courts trial mental health referrals for vulnerable offenders – The Guardian
‘Offenders with mental health, alcohol and drug abuse problems are being referred to health services as part of community sentences in an effort to steer them away from jail time.’
The Guardian, 10th August 2018
Source: www.theguardian.com
Section 21- Notices and the Possession Procedure – Hardwicke Chambers
‘What is a section 21 (“s21”) notice?
It is a method of ending an assured shorthold tenancy by giving two months’ notice. The advantage of a s21 notice over other types of notice is that a Landlord does not have to give a reason for requiring possession.’
Hardwicke Chambers, 16th July 2018
Source: www.hardwicke.co.uk
Are new initiatives to tackle age discrimination on their way? – Cloisters
‘In this blog, Rachel Crasnow QC considers the recent proposals to reform the Equality Act 2010 outlined by the Women and Equalities Committee in its report concerning Older People and Employment which was published on 17 July 2018. Their proposals were formulated after hearing expert evidence from a range of people including Cloisters’ Dee Masters.’
Cloisters, 17th July 2018
Source: www.cloisters.com
Proper practice on seeking permission to appeal (Lisle-Mainwaring v Associated Newspapers Ltd) – Hardwicke Chambers
‘What is the proper procedure when submitting an application for permission to appeal? Phillip Patterson, a barrister at Hardwicke Chambers, considers the Court of Appeal’s judgment in Lisle-Mainwaring v Associated Newspapers Ltd and explains why any informal attempt to seek permission to appeal from the lower court is invalid.’
Hardwicke Chambers, 30th July 2018
Source: www.hardwicke.co.uk
Losing out on loss of bargain when terminating in reliance upon contractual rights – Hardwicke Chambers
‘In the wake of the Carillion insolvency, many sub-contractors are likely to be investigating their rights to terminate their contracts with a now defunct main contractor. Looking for a clean break, they may be tempted by the explicit termination rights that standard form building contracts often contain, and that may be deployed in the event of main contractor insolvency.’
Hardwicke Chambers, 5th July 2018
Source: www.hardwicke.co.uk
Divisional Court strikes down irrational and unfairly made decision to cut criminal legal aid – Blackstone Chambers
‘A Divisional Court comprising Lord Justice Leggatt And Mrs Justice Carr DBE has allowed a judicial review challenge brought by the Law Society to a decision made by the Lord Chancellor to introduce a 40% cut to the maximum number of pages of prosecution evidence (‘PPE’) that count for payment of criminal defence solicitors. The regulations that introduced the cut will be quashed (p.143 of the judgment).’
Blackstone Chambers, 3rd August 2018
Source: www.blackstonechambers.com
Trafficking victim awarded High Court damages in minimum wage and harassment claims – Cloisters
‘Anna Beale represented the claimant, Ms Ajayi, a migrant domestic worker, in this unusual High Court claim brought against her former employers, Mr and Mrs Abu, for payment of the minimum wage, harassment, breach of contract and personal injury. In August 2017, the court found that the “family worker” exemption to the requirement to pay the minimum wage did not apply in this case. The quantification of that claim, together with Ms Ajayi’s other claims, was dealt with in a further hearing, the final judgment from which has recently been released.’
Cloisters, 11th July 2018
Source: www.cloisters.com
Privacy International v Secretary of State for Foreign & Commonwealth Affairs & ors – Blackstone Chambers
‘The Investigatory Powers Tribunal has given its third judgment in this case concerning the collection and use of bulk communications data (‘BCD’) and bulk personal datasets (‘BPD’) by the Security and Intelligence Agencies (MI5, MI6 and GCHQ – the ‘SIAs’).’
Blackstone Chambers, 21st July 2018
Source: www.blackstonechambers.com
Left Holding The Baby – Hardwicke Chambers
‘Given the frequency with which sophisticated fraudsters arrange for the sale of properties which they do not own, it is perhaps surprising that the question of who, amongst the professionals involved, bears the risk when it happens has not been considered sooner and more definitively. In 2010 the question came before the Court in Excel Securities PLC v Masood [2010] Lloyds Rep PN 165, but only on a summary judgment application. HHJ Hegarty QC (sitting as a High Court Judge) held that the question of whether a solicitor purporting to act for the owner of a property warranted the identity of his client could not be answered in the abstract, and was not a suitable matter for summary judgment. A warranty of authority is an implied obligation arising as a matter of contract in particular circumstances, so it is not possible to determine the scope of any such warranty without a detailed consideration of the facts. Generally, however, a solicitor’s warranty extends to the fact that he has the authority of the person who has instructed him, but not as to the identity of that person.’
Hardwicke Chambers, 31st July 2018
Source: www.hardwicke.co.uk
Algorithms, apps & artificial intelligence 2: Can data protection laws be used to challenge discriminatory tech? – Cloisters
‘This is the second article from Cloisters’ Robin Allen QC and Dee Masters examining discriminatory technology.’
Cloisters, 5th July 2018
Source: www.cloisters.com
The European Union (Withdrawal) Act 2018: Ten Key Implications for UK Law and Lawyers – Blackstone Chambers
‘On 26 June 2018, after nearly a year of deliberation by Parliament, the European Union (Withdrawal) Act 2018 (the “Act”) received royal assent. It is a statute of profound importance to the legal systems of the UK. It will become familiar in just the same way as did the European Communities Act 1972 (“ECA 1972”) before it (which the Act will repeal). This article seeks briefly to summarise the purpose and architecture of the Act; to identify some key themes of change; and to outline ten key implications for UK law and lawyers. It then concludes with a brief observation about transitional arrangements and thereafter.’
Blackstone Chambers, 19th July 2018
Source: www.blackstonechambers.com
“Off-Plan” Investment Schemes: Equitable Compensation – Hardwicke Chambers
‘The SRA has issued warning notices[1] to solicitors regarding whether they should act and how they should act towards their clients in relation to purported transactions concerning investment schemes. However, for many the warning will have come too late since many investors have previously parted with deposits (in some cases amounting to the client’s life savings) in return for worthless insurance bonds and unsecured interests in land or property which are also found to be worthless when the developer defaults on the development and becomes insolvent.’
Hardwicke Chambers, 12th July 2018
Source: www.hardwicke.co.uk
Help! Somebody has stolen my client list – Henderson Chambers
‘Companies can invest significant sums in the creation and maintenance of their client lists. Unsurprising, their client lists are often closely guarded. But what if protections fail? Under the Copyright and Rights in Databases Regulations 1997, firms can bring actions against those that access and download their client list (for instance, a former employee). The wronged party can demand the return or destruction of the confidential information, an injunction to prevent its use and damages for any losses.’
Henderson Chambers, July 2018
