Month: March 2020
Illegality and separating a PD from an underlying dispute – 3PB
‘Tracey Robinson (‘C’) was hired by Mr Cathcart on behalf of the Crown Prince Ras-alKhaimah (‘the Sheikh’) in 2007 to carry out a number of duties including looking after the Sheikh’s children and properties in the UK. The contract clearly stipulated that C was responsible for paying her own tax.’
3PB, 2nd March 2020
Source: www.3pb.co.uk
Crown prosecutor with PTSD was not discrimination victim – Legal Futures
‘An experienced Crown prosecutor who resigned after developing post-traumatic stress order (PTSD) from being threatened at a magistrates’ court was not discriminated against, an employment tribunal has ruled.’
Legal Futures, 26th March 2020
Source: www.legalfutures.co.uk
High court rejects call to free 736 detainees at risk from coronavirus – The Guardian
‘The high court has rejected calls to free hundreds of immigration detainees who, lawyers and human rights activists say, are at risk from Covid-19 while behind bars.’
The Guardian, 26th March 2020
Source: www.theguardian.com
An Introduction to Cryptocurrency – New Square Chambers
‘The first thing to say is that you should learn as much about holding and transacting with cryptocurrencies as you have time for.’
New Square Chambers, March 2020
Source: www.newsquarechambers.co.uk
Quarterly Medical Law Review – One Crown Office Row
‘This quarterly publication aims to provide summaries and comment on recent cases in medical law, including clinical negligence, regulatory, and inquests.’
One Crown Office Row, 17th March 2020
Source: www.1cor.com
Landowner loses Upper Tribunal appeal over certificate of appropriate alternative development for site acquired for link road – Local Government Lawyer
‘The owner of a field that was compulsorily acquired to provide land for the construction of a link road has lost his appeal over the certificate of appropriate alternative development he was given.’
Local Government Lawyer, 23rd March 2020
Source: www.localgovernmentlawyer.co.uk
Patient confidentiality – to breach or not to breach? – No. 5 Chambers
‘In 2007 C’s father (XX) killed his wife, C’s mother. He was made the subject of a hospital order. He was treated by D1’s multidisciplinary team. In 2009 his care was transferred to Dr O, a consultant forensic psychiatrist. C took part in family therapy sessions through D2. There was a suspicion that XX had Huntington’s disease but he refused to undergo genetic testing. He did not want C or her sister to know. His patient confidentiality was respected by D1 and D2. About this time C became pregnant. In 2013 C tested positive for Huntington’s. C was accidentally informed that XX had tested positive.’
No. 5 Chambers, 10th March 2020
Source: www.no5.com
Whistle-blowers Beware: Just because there is a PD doesn’t necessarily mean that the employer can’t respond (and damage your reputation) in order to ‘set the record straight’ – 3PB
‘Edwin Jesudason (‘C’), was a paediatric surgeon who was an honorary consultant working in the Department of Paediatric Surgery (‘DPS’) in the respondent NHS trust from 2006 until he resigned in 2012. Between 2009 and 2014 he made a series of allegations to the Trust, regulatory bodies and the media where he alleged fundamental failings in the operation of the DPS including serious allegations of professional incompetence, use of improper medical practices, attempts to cover up wrongdoing and in some cases he named and criticised specific individuals.’
3PB, 2nd March 2020
Source: www.3pb.co.uk
UK broke law over IS ‘Beatles’ by passing information to US – BBC News
‘The UK acted unlawfully by passing evidence to the US that could lead to the execution of two British members of an Islamic State murder squad.’
BBC News, 25th March 2020
Source: www.bbc.co.uk
Defendant jailed for five years after defrauding council of nearly £32k through Grenfell subletting claim – Local Government Lawyer
‘A man who claimed to be a Grenfell Tower resident who was in hospital recovering from surgery when he was actually in prison at the time, has been convicted of fraud and jailed.’
Local Government Lawyer, 23rd March 2020
Source: www.localgovernmentlawyer.co.uk
Wembley gang shooting: Trio guilty of mistaken identity murder – BBC News
‘Four men have been found guilty of the revenge killing of a shop worker who was shot dead in a case of mistaken identity.’
BBC News, 23rd March 2020
Source: www.bbc.co.uk
UK abortion law briefly changes during Covid-19 outbreak – The Guardian
‘The UK government published then deleted changes to abortion law that would have allowed women to access medical terminations without travelling to a clinic, leaving women’s health charities “staggered”.’
The Guardian, 24th March 2020
Source: www.theguardian.com
Vice-President of Court of Protection issues further guidance for judges and practitioners on hearings – Local Government Lawyers
‘No hearings in the Court of Protection which require people to attend are to take place unless there is a genuine urgency and it is not possible to conduct a remote hearing, the Court’s Vice-President has said.’
Local Government Lawyer, 24th March 2020
Source: www.localgovernmentlawyer.co.uk
London borough launches challenge to grant of planning permission by Secretary of State for 1,500-home scheme – Local Government Lawyer
‘The London Borough of Tower Hamlets last week launched a legal challenge to the Secretary of State for Housing, Communities and Local Government’s decision to grant planning permission for the Westferry Printworks site.’
Local Government Lawyer, 23rd March 2020
Source: www.localgovernmentlawyer.co.uk
When will the insolvency court review, rescind or vary any order made by it? (Discovery (Northampton) Ltd and other companies v Debenhams Retail Ltd and others) – Radcliffe Chambers
‘This article analyses the latest decision in the challenge to the company voluntary arrangement (CVA) entered into by Debenhams Retail Ltd (Debenhams) in 2019. Southampton Estates Ltd (Southampton) sought, pursuant to rule 12.59 of the Insolvency Rules 2016 (IR 2016), SI 2016/1024, that Sir Alastair Norris, sitting as a High Court judge, review and vary his earlier decision that the Debenhams CVA was valid and enforceable. Written by Kate Rogers, barrister, at Radcliffe Chambers.’
Radcliffe Chambers, 2nd March 2020
Source: radcliffechambers.com
UK eviction ban promise broken, say critics – The Guardian
‘The “complete ban” on evictions promised by the government has been widely criticised after it emerged that the coronavirus bill merely extends the notice required for possession, from two months to three.’
The Guardian, 24th March 2020
Source: www.theguardian.com
PI industry protocol aims to prevent Covid-19 game-playing – Litigation Futures
‘A protocol aimed at cutting out opportunistic tactics by either claimants or defendants in personal injury (PI) cases during the Covid-19 pandemic has been unveiled by leading claimant firm Thompsons and the Association of British Insurers (ABI).’
Litigation Futures, 25th March 2020
Source: www.litigationfutures.com
Parties told to cut unnecessary content from witness statements – Litigation Futures
‘A High Court judge who sat on the witness evidence working group has ordered witness statements in a case before him to be revised to remove inappropriate content.’
Litigation Futures, 24th March 2020
Source: www.litigationfutures.com