Month: March 2020

Jhuti in the context of unfair dismissal proceedings – 3PB

Posted March 20th, 2020 in chambers articles, employment, employment tribunals, news, sexual offences, unfair dismissal by sally

‘The Claimant (“C”), at the time of his dismissal, had worked for the Respondent (“R”) for a number of years and was employed as a Deputy Team Leader in the family intervention programme. He had been seconded however to a role within the Acton Team as a Support Worker. The complainant, referred to in the Judgment as “SR”, was a university student who was undertaking a 3-month work placement with R within the Ealing Team. She had shadowed C on 2 occasions but wasn’t mentored or supervised by him.’

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3PB, 2nd March 2020

Source: www.3pb.co.uk

Parental Alienation: An Example Where The Alienator Succeeds and Guidelines As to How to Minimise it Happening – Becket Chambers

Posted March 20th, 2020 in chambers articles, children, contact orders, families, family courts, news, parental rights by sally

‘The case of Re A (Children) (Parental Alienation) 2019 EWFC demonstrates clearly the shortcomings of the Family Court to ensure that all children, wherever possible, enjoy a relationship with both of his or her parents. The position of the courts with regard to ordering no direct contact with the absent parent, is that it is a very serious step to take, and should only be taken where it is plainly not in the welfare best interests of the child.’

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Becket Chambers, 2nd March 2020

Source: becket-chambers.co.uk

Court of Appeal finds for council in dispute over false statement and social housing – Local Government Lawyer

Posted March 20th, 2020 in appeals, deceit, housing, landlord & tenant, local government, news by sally

‘A false statement given in support of an application for social housing can invalidate a tenancy even if it was not directly determinative of the decision to grant it, the Court of Appeal has ruled.’

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Local Government Lawyer, 19th March 2020

Source: www.localgovernmentlawyer.co.uk

Ava-May Littleboy: No safety procedure in place, finds jury – BBC News

Posted March 20th, 2020 in causing death of children or vulnerable adults, children, health & safety, inquests, news, standards by sally

‘An inquest jury has criticised the safety management of an inflatable trampoline which exploded and threw a three-year-old girl to her death.’

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BBC News, 19th March 2020

Source: www.bbc.co.uk

R (Christie Elan-Cane) v Secretary of State for the Home Department – Blackstone Chambers

Posted March 20th, 2020 in appeals, chambers articles, costs, documents, gender, government departments, human rights, news, passports by sally

‘The Court of Appeal has handed down judgment in an appeal brought by a non-gendered person, Christie Elan-Cane, challenging the Government’s policy not to issue non gender-specific “X” passports to non-gendered, non-binary and other trans persons who do not identify as, or exclusively as, male or female.’

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Blackstone Chambers, 10th March 2020

Source: www.blackstonechambers.com

Bar students urge BSB to reconsider exam delay – Legal Futures

Posted March 20th, 2020 in barristers, coronavirus, delay, examinations, health, internet, legal education, news by sally

‘Students on the Bar professional training course (BPTC) have written a letter to the Bar Standards Board (BSB) to object to its decision to cancel the April sitting of the centralised examinations due to the coronavirus.’

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Legal Futures, 20th March 2020

Source: www.legalfutures.co.uk

Further Lessons from Lehman Bros: The Court’s Control of Office Holders – Hardwicke Chambers

Posted March 20th, 2020 in administrators, appeals, banking, chambers articles, coronavirus, debts, insolvency, news by sally

‘When major financial institutions go to the wall the ensuing legal squabbles over the carcases often provide rich seams that can be mined to provide judicial clarification of the law for the benefit of all. The spectacular collapse of the Lehman Brothers empire is no exception and the latest chapter does not disappoint. In Lehman Brothers Australia Ltd (In Liquidation) v Macnamara & Ors (Joint Administrators of Lehman Brothers International (Europe) (In Administration)) [2020] EWCA Civ 321, the Court of Appeal (Patten, David Richards, Newey LJJ) has provided some timely and useful clarification on the correct test for the court to apply when considering the exercise of its inherent jurisdiction to control its officers within the principle of Re Cordon, Ex p. James (1873-74) LR 9 Ch App 609 or through the more specifically targeted statutory provisions for such control, as for example those in para 74 of Schedule B1 to the Insolvency Act 1986 (IA 1986) with regard to administrators. In the present climate induced by Coronavirus (COVID-19), any clarity that makes the necessity of going to court less likely is to be doubly welcomed.’

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Hardwicke Chambers, 17th March 2020

Source: hardwicke.co.uk

Employment Tribunal awards whistleblowing doctor £857,000 – Local Government Lawyer

Posted March 20th, 2020 in compensation, damages, disclosure, doctors, hospitals, news, unfair dismissal, whistleblowers by sally

‘A doctor who lost his job after making whistleblowing disclosures has been awarded more than £857,000 by an Employment Tribunal.’

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Local Government Lawyer, 19th March 2020

Source: www.localgovernmentlawyer.co.uk

‘Miss Hitler’ and three others guilty of National Action membership – BBC News

Posted March 20th, 2020 in news, proscribed organisations, retrials, terrorism by sally

‘A “Miss Hitler” contest entrant and her ex-partner have been convicted of being members of the banned far-right terrorist group National Action.’

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BBC News, 19th March 2020

Source: www.bbc.co.uk

Consumer panel urges more fixed fees and SRA fining powers – Legal Futures

Posted March 20th, 2020 in consumer protection, fees, fines, legal services, news, solicitors, Solicitors Regulation Authority by sally

‘More use of fixed fees and an increase in the Solicitors Regulation Authority’s (SRA) fining powers are among recommendations made today by the Legal Services Consumer Panel.’

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Legal Futures, 19th March 2020

Source: www.legalfutures.co.uk

The Corona Virus Bill and Human Rights – British Institute of Human Rights

Posted March 19th, 2020 in bills, coronavirus, human rights, news by sally

‘The UK, and the World, are facing a health crisis that we have not seen the likes of in over 100 years. This is a worrying time for many people and there is a need for governments to respond, including ours here in the UK. At times like these, when so many of us can find ourselves in an unfamiliar (or familiar) position of vulnerability, it is vital that we can be assured safety includes the protection of our dignity and not losing the rules of fairness and respect in the way power is used to respond to this situation. Recognising the need to protect everyone’s human dignity was, after all, born out of World War 2, one of the worst crises in modern history.’

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British Institute of Human Rights, 19th March 2020

Source: www.bihr.org.uk

BAILII: Recent Decisions

Posted March 19th, 2020 in law reports by sally

Court of Appeal (Civil Division)

Court of Appeal (Criminal Division)

High Court (Administrative Court)

High Court (Chancery Division)

High Court (Queen’s Bench Division)

Source: www.bailii.org

Coronavirus Bill 2019-21 – Parliament.uk

Posted March 19th, 2020 in bills, coronavirus, news by sally

‘The Bill was introduced to the House of Commons and given its First Reading on Thursday 19 March 2020. This stage is formal and takes place without any debate.’

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Parliament.uk, 19th March 2020

Source: services.parliament.uk

Coronavirus (COVID-19): Message from the Lord Chief Justice to judges in the Civil and Family Courts – Courts and Tribunals Judiciary

Posted March 19th, 2020 in civil justice, coronavirus, family courts, news by sally

‘Events have been moving so fast that detailed guidance on how to sustain the administration of justice in these two important jurisdictions would be overtaken by developments very quickly.’

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Courts and Tribunals Judiciary, 19th March 2020

Source: www.judiciary.uk

Killing the goose? – Hardwicke Chambers

Posted March 19th, 2020 in anonymity, demonstrations, injunctions, news by sally

‘On 5 March 2020 the Court of Appeal handed down judgment in Canada Goose UK Retail Ltd v Person Unknown [2020] EWCA Civ 303. The case concerned protests at the claimant’s Regent Street shop against the brand’s use of animal fur and down. But the Court of Appeal gave wide and authoritative guidance in relation to claims for injunctions against un-named defendants (“persons unknown.”)’

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Hardwicke Chambers, 12th March 2020

Source: hardwicke.co.uk

Inducing Breach of Contract: – Reliance on Legal Advice Saves the Day in Court of Appeal – Littleton Chambers

Posted March 19th, 2020 in contract of employment, enforcement, news, restrictive covenants by sally

‘In an important decision yesterday (27 February), Allen v Dodd & Co Limited [2020] EWCA Civ 258, the Court of Appeal held that if a person believes their conduct will probably not result in a breach of a contract they will not be liable for inducing a breach even if: (a) they knew there was a risk of breach; and (b) the court subsequently finds such a breach.’

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Littleton Chambers, 28th February 2020

Source: www.littletonchambers.com

Court of Protection Newsletter #18 – Spire Barristers

Posted March 19th, 2020 in chambers articles, coronavirus, Court of Protection, news by sally

‘Welcome to the March issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 18th March 2020

Source: spirebarristers.co.uk

Asda v Brierley – Old Square Chambers

Posted March 19th, 2020 in equal pay, equality, news, Supreme Court, women by sally

‘Can a group of predominantly female retail store employees compare themselves to a group of predominantly male distribution depot employees for the purposes of an equal pay claim? The Supreme Court will have the final say on this question this year, in the highly anticipated appeal in Asda Stores Ltd v Brierley and other.’

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Old Square Chambers, 12th March 2020

Source: www.oldsquare.co.uk

Council defends challenge over provision of secure accommodation for children at risk of being detained by police – Local Government Lawyer

Posted March 19th, 2020 in children, detention, local government, news by sally

‘Judges have dismissed a legal challenge over an alleged systemic failure by a London council to provide adequate secure accommodation for children at risk of being detained in police cells in circumstances where normal local authority accommodation would be unsuitable to meet the risks they pose to the general public.’

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Local Government Lawyer, 17th March 2020

Source: www.localgovernmentlawyer.co.uk

First all-Skype trial tests crisis working at CoP – Law Society’s Gazette

Posted March 19th, 2020 in coronavirus, Court of Protection, live link evidence, news by sally

‘An entire trial is being conducted over Skype in a legal first that lawyers say could be a model way to ensure court business continues during the Covid-19 pandemic.’

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Law Society's Gazette, 19th March 2020

Source: www.lawgazette.co.uk