Let’s talk about: Racism & the Bar – Counsel
‘Comfortable talking about race? How does racism show up in chambers? Raggi Kotak shares her views, hopes and suggestions for change.’
Counsel, January 2020
Source: www.counselmagazine.co.uk
Day: 9 January 2020
Is the prejudice of an investigating manager relevant to determining the propriety of a dismissal, even if the decision makers are not aware of and do not share that prejudice? – 12 King’s
‘In Cadent Gas Ltd v Singh [2019] UKEAT 0024/19/0810, the Employment Appeal Tribunal has considered whether the personal animus of a manager who had been heavily involved in a disciplinary investigation had tainted the dismissal process as a whole, even though the dismissing managers had not shared that animus. Furthermore, the EAT considered whether that manager’s prejudice towards the Claimant, informed by his trade union activities, could be attributed to the employer.’
12 King's Bench Walk, 3rd January 2020
Source: www.12kbw.co.uk
What would ‘mother’ say? A legal digest of R v Registrar General for England and Wales – KCH Garden Sq
‘The latest article from Family & Civil pupil Samuel Peake looks at how the term ‘mother’ was defined for the first time in common law earlier this year by the President of the Family Division, Sir Andrew McFarlane.’
KCH Garden Sq, 12th December 2019
Source: kchgardensquare.co.uk
Family Team Under 10’s Newsletter – Winter 2020 Edition – Parklane Plowden
‘In the Winter edition of our Family Under 10’s Newsletter, Simon Wilkinson provides a case update with regards to the Matter of D, Giorgia Sessi studies the guidance published by the Courts and Tribunals Judiciary, whilst Charlotte Wilce lays out a case study regarding the role of CAFCASS in relation to non-subject children.’
Parklane Plowden, 7th January 2020
Source: www.parklaneplowden.co.uk
The Registration of Grant-Making Charities – Radcliffe Chambers
‘What are the requirements that a grant-making charity needs to meet in order to be registered in England and Wales? How, if at all, do they differ from the requirements for service-providing charities?’
Radcliffe Chambers, 6th January 2020
Source: radcliffechambers.com
Solicitor-client costs: negligence, documents and coverage – 4 New Square
‘With solicitor-client cost disputes on the rise, Paul Parker and Tom Asquith consider in this podcast how these are having an impact within the sphere of professional indemnity insurance, in particular advice on funding; applications for delivery of files; and coverage.’
4 New Square, 31st December 2019
Source: www.4newsquare.com
Fixed Costs in Civil Proceedings – Becket Chambers
‘The Civil Procedure Rules (CPR) provide for fixed costs in certain elements of civil proceedings, including Small Claims, Fast Track hearings, ‘Stage 3’ hearings and possession claims. This means that any costs applied for that are not those within the fixed costs regimes are unlikely to be awarded by the Court, unless certain factors apply.’
Becket Chambers, 3rd January 2020
Source: becket-chambers.co.uk
VAT charges on digital versions of newspapers overturned – OUT-LAW.com
‘A major publisher has been successful in overturning a previous ruling that found that the digital versions of its newspapers were subject to VAT charges.’
OUT-LAW.com, 8th January 2020
Source: www.pinsentmasons.com
Sexual assault investigation into a child with learning difficulties not a breach of article 3 – Police Law Blog
‘In R (AB) v Chief Constable of Hampshire Constabulary [2019] EWHC 3461 (Admin), the Divisional Court considered a claim on behalf of a boy with severe learning and communication disabilities, that police had failed properly to investigate what appeared to be a disclosure by him of a sexual assault during a stay at in respite care. He argued that they had wrongly proceeded to interview him despite no witness intermediary being available and had subsequently failed to re-interview him with an intermediary. He argued that this was a breach of Article 3, and unlawful disability discrimination. The Court dismissed the claim, also giving important procedural guidance.’
Police Law Blog, 17th December 2019
Source: ukpolicelawblog.com
‘Helen’s Law’ returns to Parliament – Ministry of Justice
‘Murderers and paedophiles who refuse to disclose information about their victims could spend longer behind bars as a bill to enact “Helen’s Law” enters Parliament today (8 January 2020).’
Ministry of Justice, 8th January 2020
Source: www.gov.uk/government/organisations/ministry-of-justice
Options for reforming valuation in leasehold enfranchisement published by Law Commission – Law Commission
‘The Law Commission of England and Wales has today [09 January 2020] published a report setting out options to reduce the cost that leaseholders have to pay to buy the freehold or extend the lease of their homes (known as “enfranchisement”). The reforms have the potential to make the process easier and more affordable for millions of leaseholders across England and Wales.’
Law commission, 9th January 2020
Letter to the ACMD to review GHB and GBL – Home Office
‘Letter from the Home Secretary asking the Advisory Council on the Misuse of Drugs to review the classification of GHB and GBL.’
Home Office, 6th January 2020
Source: www.gov.uk/home-office
Court orders change in living arrangements for a child following parental alienation – Family Law
‘Jenny Bowden, an associate in Stewarts’ Divorce and Family team, reviews a recent case in which a judge ruled that a child should move to live with his father instead of his mother following the father’s application for a transfer of care (Re H (parental alienation) PA v TT and H [2019] EWHC 2723 (Fam)).’
Family Law, 8th January 2020
Source: www.familylaw.co.uk
Coercive control post-Challen – Counsel
‘Crucial perspective and points of alert for practitioners defending and prosecuting cases involving abused women who have killed.’
Counsel, January 2020
Source: www.counselmagazine.co.uk
Financial Remedy & Divorce Update, December 2019 – Family Law Week
‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during November 2019.’
Family Law Week, 30th December 2019
Source: www.familylawweek.co.uk
Some oddities of the law on age: So you thought you reached age 21 on your 21st birthday? – Wilberforce Chambers
‘Well, yes you probably did as a legal matter reach (or attain) age 21 at the start of your 21st birthday – ie at midnight at the start of that day (even if you had been born later in the day). But legally this has not always been the case in England and Wales.’
Wilberforce Chambers, 7th January 2020
Source: www.wilberforce.co.uk
What is no fault divorce and why does it matter? – The Independent
‘The start of 2020 is set to see the biggest shake up of divorce laws for over half a century as the Divorce, Dissolution and Separation Bill entered Parliament on 7 January. First promised by the government in April 2018, divorcing couples have now been waiting nearly a year for the arrival of the bill, which is likely to revolutionise marriage split with the introduction of “no-fault” divorce.’
The Independent, 8th January 2020
Source: www.independent.co.uk
Employment and Discrimination Newsletter – January 2020 – 3PB
‘Craig Ludlow edits 3PB’s latest Employment & Discrimination newsletter, including contributions from Andrew MacPhail and Daniel Brown.’
3PB, 6th January 2020
Source: www.3pb.co.uk
