GP faces jail for sexual offences against 23 women and girls – The Guardian
‘A GP is facing jail after molesting 23 female patients whom he persuaded to have unnecessary examinations.’
The Guardian, 10th December 2019
Source: www.theguardian.com
Month: December 2019
Helen McCourt: Release of killer Ian Simms to be reviewed – BBC News
‘A decision to sanction the release of the man who murdered Helen McCourt is to be reviewed by the parole board.’
BBC News, 10th December 2019
Source: www.bbc.co.uk
BOA issue ‘full and robust response’ to athletes over sponsorship rights legal challenge – The Independent
‘The British Olympic Association [BOA] says it has “formally responded” to a legal challenge over sponsorship rights brought by a group of its own athletes that could cast a shadow over its preparations for next year’s Tokyo Games.’
The Independent, 11th December 2019
Source: www.independent.co.uk
Civil Partnerships – A new inequality created by the correction of an old one? – 5SAH
‘Civil partnerships are now to be open to all but the solution of that problem has led to another – while same-sex couples can convert a civil partnership to a marriage, there is no provision for opposite-sex couples to do the same.’
5SAH, 9th December 2019
Source: www.5sah.co.uk
Adverse Inferences Drawn From Failure to Adduce Noise Surveys: Brian MacKenzie v Alcoa Manufacturing (GB) Ltd [2019] EWCA Civ 2110 – Parklane Plowden Chambers
‘The Claimant brought a claim for noise induced hearing loss (“NIHL”) which he alleged was caused by exposure to excessive levels of noise in the course of his employment with the First Defendant at the Second Defendant’s premises at various times between 1963 -1976. ‘
Parklane Plowden Chambers, 5th December 2019
Source: www.parklaneplowden.co.uk
Does a Limb B) worker qualify as an employee for purposes of TUPE? – Littleton Chambers
‘The Claimants were cycle couriers who provided services to City Sprint in relation to City Sprint’s contract with HCA Healthcare. City Sprint lost this contract to Ecourier.’
Littleton Chambers, 9th December 2019
Source: www.littletonchambers.com
Out-of-hours Administration Appointments: The SAGA continues – Guildhall Chambers
‘It is now more than 17 years since the Enterprise Act 2002 was enacted with the laudable aim of streamlining the administration procedure, resulting in the introduction of the out-of-court administration regime set out in Schedule B1 to the Insolvency Act 1986 (“the Act”).’
Guildhall Chambers, 2nd December 2019
Source: www.guildhallchambers.co.uk
No oral modification clauses after Rock Advertising: Some property law difficulties – Wilberforce Chambers
‘“No Oral Modification” clauses (“NOMs”) are regularly found in the boilerplate clauses towards the back of contracts. They are designed, and included, to try to impose some formality on future changes to the contractual arrangement between the parties. But does this work, and, if so, how? The conceptual difficulty with such clauses has been around for centuries.’
Wilberforce Chambers, 5th December 2019
Source: www.wilberforce.co.uk
Account freezing orders: at what cost? – Doughty Street Chambers
‘Last week, the National Crime Agency deployed account freezing orders to secure £190 million held in the UK. Malik Riaz, a property developer and one of the biggest employers in Pakistan, reportedly agreed to pay £190 million in order to conclude an investigation into the funds[1]. The agreement followed the obtaining, in August 2019, of eight account freezing orders at Westminster City Magistrates’ Court in connection with funds held in the UK totalling around £120 million (the final settlement includes a UK property valued at £50 million). The assets are to be returned to the State of Pakistan.’
Doughty Street Chambers, 10th December 2019
Source: insights.doughtystreet.co.uk
s.103A and concealed reasons; Royal Mail v. Jhuti [2019] UKSC 55 – Parklane Plowden Chambers
‘The Supreme Court has confirmed that a Tribunal may find that the reason for the dismissal is something other than that given to the employee by the decision-maker – even where that reason is genuinely held by the decision maker; Royal Mail Group Ltd v. Jhuti [2019] UKSC 55 (“Jhuti”).’
Parklane Plowden, 9th December 2019
Source: www.parklaneplowden.co.uk
Automatic Unfair Dismissal: Can the reason for the dismissal be other than that given to the employee by the decision-maker? – Pallant Chambers
‘The question for the Supreme Court in Royal Mail Group Limited v Jhuti [2019] UKSC 55 was whether in a claim for unfair dismissal can the reason for the dismissal be other than that given to the employee by the decision-maker?’
Pallant Chambers, 5th December 2019
Source: www.pallantchambers.co.uk
Extradition and International update: December 2019 – 5SAH
‘The newsletter features the following articles:
Natasha Draycott:Transfer of sentence from the UK;
Gemma Rose: Provides a case law update on the Public Prosecutor – A ‘judicial authority’?
Louisa Collins: Westminster Rejects Extradition to Nigeria.
Ben Keith & Louisa Collins: 5SAH EXTRADITION: An Introduction for Chambers and Partners.’
5SAH, December 2019
Source: 5sah.cmail19.com
Section 4 Inheritance (Provision for Family and Dependants) Act 1975: Standstill Agreements – Becket Chambers
‘Earlier this year the conflicting authorities of Bhusate v Patel [2019] EWHC 470 (Ch) and Cowan v Foreman and others [2019] EWHC 349 (Fam) cast doubt on the use of standstill agreements in respect of claims intended to be brought under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”). Following the determination of the appeal in the latter case that uncertainty has to a large extent been resolved.’
Becket Chambers, 4th December 2019
Source: becket-chambers.co.uk
Home office admits unlawful detention of mentally ill man – Garden Court Chambers
‘The Home Office has yet again had to concede a legal challenge to the lawfulness of prolonged immigration detention of a mentally ill and highly vulnerable man by agreeing to regularise his status and pay £100,000 in compensation in a settlement agreed by the High Court today in a test case.’
Garden Court Chambers, 5th December 2019
Source: www.gardencourtchambers.co.uk
Fraudulent Calumny: Poison in the Ear – Family Law
‘Fraudulent calumny is a mouthful. It is therefore all the more surprising when I hear it come out of the mouths of lay clients when I first speak to them. Three years ago “fraudulent calumny” was at the back of practitioners’ minds; I certainly would not have heard it from clients. We may have been talking about similar facts but those discussions would always have been about undue influence and pressure on the testator (usually, to the caller’s detriment). Recently, however, something has changed, and we have seen a real growth in discussions around fraud in the creation of wills.’
Family Law, 10th December 2019
Source: www.familylaw.co.uk
BAILII: Recent Decisions
Supreme Court
MacDonald & Anor v Carnbroe Estates Ltd (Scotland) [2019] UKSC 57 (4 December 2019)
High Court (Chancery Division)
Barnaby & Anor v Johnson (aka Smith) [2019] EWHC 3344 (Ch) (09 December 2019)
High Court (Commercial Court)
Ocean Prefect Shipping Ltd v Dampskibsselskabet Norden AS [2019] EWHC 3368 (Comm) (06 December 2019)
High Court (Family Division)
Raqeeb v Barts Health NHS Trust (Costs) [2019] EWHC 3322 (Fam) (03 December 2019)
High Court (Queen’s Bench Division)
Feyziyev v Radu [2019] EWHC 3372 (QB) (06 December 2019)
Source: www.bailii.org
Taxation of personal service companies and the construction sector: what is changing and who will be affected? – Practical Law Construction Blog
‘2020 is looking to be a year in which the tax burden of companies operating in the UK construction sector is likely to increase. This is due, first, to the delayed implementation of the VAT reverse charge (now 1 October 2020) and secondly, to major changes in the UK tax treatment of off-payroll workers. In this blog we discuss the implications of the changes to the off-payroll working rules (commonly known as “IR35”) and the steps companies affected by these changes can take.’
Practical Law Construction Blog, 10th December 2019
Misconduct accusation rejected despite claim value rising by £20k – Law Society’s Gazette
‘The High Court has allowed a claimant to recover costs outside the personal injury protocol after they upped the value of the claim from £5,000 to more than £25,000. In the process, a deputy master rejected the defendant’s application that claimant solicitors effectively misled the court about the claim’s true value.’
Law Society's Gazette, 10th December 2019
Source: www.lawgazette.co.uk
In search of local justice – New Law Journal
‘Keith Wilding explains the difference Law Centres make to individual lives.’
New Law Journal, 5th December 2019
Source: www.newlawjournal.co.uk
