Day: 7 April 2020

Lockdown: A Response to Professor King — Robert Craig – UK Human Rights Blog

Posted April 7th, 2020 in coronavirus, emergency powers, enforcement, freedom of movement, health, human rights, news, statutory interpretation by sally

‘This post analyses the legal provisions that accompany some of the restrictions on movement of individuals announced by the Government. The movement restrictions themselves are vital to the protection of life in the current crisis and must be adhered to by all persons. The current Government guidance setting out these and other restrictions can be found here. Legal scrutiny of the associated regulations is warranted but should not be taken to question the undeniable imperative to follow that guidance.’

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UK Human Rights Blog, 6th April 2020

Source: ukhumanrightsblog.com

Vicarious liability — the new boundary dispute – UK Human Rights Blog

Posted April 7th, 2020 in appeals, banking, class actions, damages, doctors, employment, human rights, news, professional conduct, sexual offences, Supreme Court, vicarious liability by sally

‘In the Christian Brothers case Lord Phillips of famously declared that “the law of vicarious liability is on the move”. The recent decision of the Supreme Court in Barclays Bank v. Various Claimants [2020] UKSC 13 has brought that movement to a juddering halt. The question posed by the appeal was a simple one. Is it possible to be vicariously liable for the acts of a self-employed ‘independent contractor’? The answer the Court gave in this case was ‘no’.’

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UK Human Rights Blog, 3rd April 2020

Source: ukhumanrightsblog.com

Corporate failure to prevent abuses – Law Society’s Gazette

Posted April 7th, 2020 in civil justice, company law, financial regulation, fraud, human rights, money laundering, news by sally

‘While debate rumbles on over the extension of ‘failure to prevent’ offences into the broad spectrum of financial crime, including fraud and money laundering, some have called for their introduction into an altogether different sphere: human rights.’

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Law Society's Gazette, 6th April 2020

Source: www.lawgazette.co.uk

Supreme Court holds hospital liable for commercial surrogacy — William Edis QC – UK Human Rights Blog

Posted April 7th, 2020 in appeals, cancer, damages, hospitals, human rights, negligence, news, pregnancy, Supreme Court, surrogacy by sally

‘The Supreme Court has held that a defendant hospital trust must pay for the cost of a commercial surrogacy arrangement abroad despite such arrangements being unlawful in the UK.’

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UK Human Rights Blog, 3rd April 2020

Source: ukhumanrightsblog.com

Company must disclose documents held by subsidiaries – Litigation Futures

Posted April 7th, 2020 in case management, civil procedure rules, disclosure, documents, news, pilot schemes by sally

‘A company must disclose documents held by its subsidiaries and which it controls, the High Court has ruled, in a case handled under the disclosure pilot.’

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Litigation Futures, 6th April 2020

Source: www.litigationfutures.com

Junior solicitor who lied about lost documents struck off – Legal Futures

Posted April 7th, 2020 in costs, deceit, disciplinary procedures, documents, mental health, news, professional conduct, solicitors by sally

‘A junior solicitor at the Solicitors Regulation Authority’s (SRA) external advisers Capsticks lied about losing documents she was working on while acting for the regulator in a data protection case.’

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Legal Futures, 6th April 2020

Source: www.legalfutures.co.uk

Institute of Licensing issues protocol for licence applications and hearings under Licensing Act 2003 during COVID-19 pandemic – Local Government Lawyer

Posted April 7th, 2020 in coronavirus, licensed premises, licensing, local government, news by sally

‘The Institute of Licensing has published a Protocol designed to assist licensing authorities in complying with their obligations and duties under the Licensing Act 2003 during this emergency period.’

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Local Government Lawyer, 3rd April 2020

Source: www.localgovernmentlawyer.co.uk

New Judgment: WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12 – UKSC Blog

Posted April 7th, 2020 in appeals, data protection, employment, news, Supreme Court, vicarious liability by sally

‘This appeal concerns the circumstances in which an employer is vicariously liable for wrongs committed by its employees, and also whether vicarious liability may arise for breaches by an employee of duties imposed by the Data Protection Act 1998.’

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UKSC Blog, 1st April 2020

Source: ukscblog.com

Ex-detective who preyed on women given suspended sentence to care for son – The Guardian

Posted April 7th, 2020 in children, families, misfeasance in public office, news, police, sentencing, sexual offences, suspended sentences by sally

‘A former detective constable who admitted inappropriate contact with women he met in the course of his duties has been given a suspended sentence after a judge heard that no one else could care for his one-year-old child during the coronavirus lockdown.’

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The Guardian, 6th April 2020

Source: www.theguardian.com

Tribunal rejects SRA deal with flight delay solicitor – Legal Futures

Posted April 7th, 2020 in airlines, compensation, delay, disciplinary procedures, news, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘The Solicitors Disciplinary Tribunal (SDT) has taken the unusual step of rejecting an agreement between the Solicitors Regulation Authority (SRA) and a solicitor who broke the rules through his involvement with flight delay compensation claims.’

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Legal Futures, 7th April 2020

Source: www.legalfutures.co.uk

Judge upholds acceptance of ‘mistaken’ £0 part 36 offer – Litigation Futures

Posted April 7th, 2020 in abuse of process, civil procedure rules, costs, mistake, news, part 36 offers, striking out by sally

‘A claimant who issued proceedings after the defendant accepted a part 36 offer for £0 – which he said had been made by mistake – has had his claim struck out for abuse of process.’

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Litigation Futures, 7th April 2020

Source: www.litigationfutures.com

Council launches judicial review over government decision not to renew city-wide landlord licensing scheme – Local Government

Posted April 7th, 2020 in housing, judicial review, landlord & tenant, licensing, local government, news by sally

‘Liverpool City Council has launched a judicial review challenge of the government’s decision not to renew its landlord licensing scheme.’

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Local Government Lawyer, 6th April 2020

Source: www.localgovernmentlawyer.co.uk

New guidance on domestic violence injunctions – Legal Aid Handbook

Posted April 7th, 2020 in domestic violence, families, injunctions, news by sally

‘On 3 April 2020, the government issued the guidance ‘Applying for a domestic violence (Family Law Act) injunction for unrepresented applicants’.’

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Legal Aid Handbook, 6th April 2020

Source: legalaidhandbook.com

How Does Keir Starmer’s Shadow Cabinet Stack Up On Human Rights? – Each Other

Posted April 7th, 2020 in human rights, news, political parties by sally

‘Sir Keir Starmer has been elected leader of the Labour Party and has assembled his shadow cabinet.’

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Each Other, 6th April 2020

Source: eachother.org.uk

MoJ offers some financial support for legal aid firms – Legal Futures

Posted April 7th, 2020 in barristers, coronavirus, law firms, legal aid, Ministry of Justice, news, solicitors by sally

‘The Ministry of Justice (MoJ) has introduced economic help for legal aid firms, making hardship payments easier to access and pausing debt repayments to the Legal Aid Agency (LAA).’

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Legal Futures, 3rd April 2020

Source: www.legalfutures.co.uk

UK councils face lawsuits over access to education in lockdown – The Guardian

Posted April 7th, 2020 in computer programs, coronavirus, education, emergency powers, equality, government departments, news, school children by sally

‘The UK government must ensure pupils from poor backgrounds have computers and internet connections during the coronavirus lockdown or face legal action for depriving children of their education, according to a group of legal activists.’

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The Guardian, 6th April 2020

Source: www.theguardian.com

Court rejects “fanciful” conveyancing negligence claim – Legal Futures

Posted April 7th, 2020 in conveyancing, damages, duty of care, law firms, negligence, news, roads by sally

‘The High Court has rejected a “fanciful” £600,000 conveyancing negligence claim against the law firm Gateley, based on an error admitted by the firm.’

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Legal Futures, 6th April 2020

Source: www.legalfutures.co.uk

UK drivers win first round in VW ‘dieselgate’ case – BBC News

Posted April 7th, 2020 in class actions, climate change, compensation, consumer protection, EC law, environmental protection, news, road traffic by sally

‘Thousands of UK motorists have won the first stage of a High Court action against Volkswagen over the installation of emissions cheating devices in its diesel vehicles.’

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BBC News, 6th April 2020

Source: www.bbc.co.uk