09/04/2020 – Current Awareness

Legal realities of an ‘extension’ to the football season – Law Society’s Gazette

Posted April 9th, 2020 in contract of employment, contracts, coronavirus, delay, news, sport by sally

‘The football world, like almost every other sector of the economy, is grappling with the unprecedented impact of the coronavirus pandemic. In English football, the official position remains as set out in the joint statement issued by the main professional stakeholders on 20 March 2020: football is currently suspended but ‘all options’ are being explored ‘to find ways of resuming the season when conditions allow’.’

7th April 2020

Source: www.lawgazette.co.uk

The Values of Collaboration and Solidarity: Running a Chambers Through the Coronavirus Crisis – Coronavirus: Guidance for Lawyers and Businesses

Posted April 9th, 2020 in barristers, coronavirus, news by sally

‘Lawyers are nothing if not adaptable. On 27 February my chambers purchased additional hand sanitisers and issued advice about travel abroad. By Monday 23 March all barristers and staff had moved entirely to home working and we had adapted our management systems to cope with that massive change. That very evening the Prime Minister made his dramatic announcement of a complete lock down. And now we have to adapt again.’

Coronavirus: Guidance for Lawyers and Businesses, 7th April 2020

Source: lawinthetimeofcorona.wordpress.com

Supreme Court Rejects Appeal in Serco Lock Change Evictions Case – But What Effect Has the Human Rights Challenge Already Had? – UK Human Rights Blog

Posted April 9th, 2020 in appeals, asylum, homelessness, housing, human rights, immigration, landlord & tenant, news, repossession, Supreme Court by sally

‘Serco is a private company that was contracted by the UK Home Office between 2012 and 2019 to provide accommodation to asylum seekers living in Glasgow. In July 2018, Serco began to implement the “move on protocol” – a new policy of changing locks and evicting asylum seekers without a court order if they were no longer eligible for asylum support. This put around 300 asylum seekers – who had no right to work or who had no right to homeless assistance – at risk of eviction and homelessness in Glasgow without any court process.’

UK Human Rights Blog, 8th April 2020

Source: ukhumanrightsblog.com

Disabled man stuck in bedroom on eighth-floor flat for 20 months loses judicial review challenge – Local Government Lawyer

Posted April 9th, 2020 in compensation, disability discrimination, disabled persons, housing, human rights, judicial review, landlord & tenant, local government, news by sally

‘A man in his early sixties with a complex medical history and disabilities who spent almost 20 months without being able to leave his bedroom in an eighth-floor council flat has failed in a judicial review claim against a council for compensation and declaratory relief.’

Local Government Lawyer, 8th April 2020

Source: www.localgovernmentlawyer.co.uk

Trade Mark Infringement and Passing off – Natural Instinct Ltd v Natures Menu Ltd – NIPC Law

Posted April 9th, 2020 in intellectual property, news, trade marks by sally

‘This was an action for trade mark infringement and passing off between two medium-sized enterprises. Mr David Stone sitting as an Enterprise Judge heard 9 witnesses on 13 and 14 Feb and delivered judgment on 20 March 2020. The costs that the losing party will be ordered to pay to the successful party will be capped at £50,000. It is it an example of how an intellectual property dispute should be resolved. Save that the Wood Green County Court’s jurisdiction had been limited to patents snd designs when it opened, this is probably just the sort of case that Sir Derek Oulton would have had in mind when he recommended the establishment of patents country courts in 1986.’

NIPC Law, 8th April 2020

Source: nipclaw.blogspot.com

Court of Appeal upholds ruling on vaccination of children in care of local authorities – Local Government Lawyer

Posted April 9th, 2020 in appeals, children, health, local government, medical treatment, news, parental rights, vaccination by sally

‘The Court of Appeal has refused an appeal by parents over whether a local authority can make arrangements for the vaccination of children in its care, in the face of parental opposition, under its statutory powers or whether it is required to seek declaratory relief from the High Court to authorise their actions.’

Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk

Another skirmish on the boundaries of vicarious liability: data protection this time – UK Human Rights Blog

Posted April 9th, 2020 in appeals, data protection, employment, human rights, news, Supreme Court, vicarious liability by sally

‘This appeal concerned the circumstances in which an employer can be held to be 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 (“DPA”).’

UK Human Rights Blog, 7th April 2020

Source: ukhumanrightsblog.com

Sharing or Caring? The Delineation of UK Parental Rights – Oxford Human Rights Hub

Posted April 9th, 2020 in appeals, children, employment, equality, families, human rights, maternity leave, news, parental rights, remuneration, Supreme Court by sally

‘Following the Supreme Court’s refusal to permit an appeal in Chief Constable of Leicestershire v Hextall, the Court of Appeal’s earlier judgment remains binding. In a case which brings the paradoxes inherent in the UK’s system of workplace parental rights into sharp focus, the Court held that it is not discriminatory to pay a man on shared parental leave (SPL) less than an enhanced rate of maternity pay paid to a woman on maternity leave (ML).’

Oxford Human Rights Hub, 7th April 2020

Source: ohrh.law.ox.ac.uk

Krishan Nadesan: Can Parliament replace the House of Lords? – UK Constitutional Law Association

Posted April 9th, 2020 in constitutional law, news, parliament by sally

‘Parliament can do anything – except replace the House of Lords? For over a century, replacing the House of Lords has brooked no delay. Now, at last, the Government seems tempted to dam the brook, by substituting an elected Senate for the old Second Chamber. At first glance, this is constitutionally straightforward. Whatever Parliament enacts is law – so surely an Act of Parliament can lawfully replace the House of Lords? But such an Act may be open to challenge.’

UK Constitutional Law Association, 9th April 2020

Source: ukconstitutionallaw.org

High Court forces GLO on Leigh Day and Hausfeld – Litigation Futures

Posted April 9th, 2020 in case management, costs, law firms, miners, news by sally

‘The High Court has rejected efforts by claimant law firms Leigh Day and Hausfeld to keep their actions against a Zambian copper mine operator separate, making a group litigation order (GLO) sought by the defendants.’

Litigation Futures, 8th April 2020

Source: www.litigationfutures.com

The Non-Disclosure and Barring Service: Victim Access to Information – Panopticon

Posted April 9th, 2020 in child abuse, children, data protection, disclosure, employment, news, sexual offences, victims by sally

‘If you believe that an individual who works with children sexually assaulted you, but was never prosecuted for that allegation, it is understandable that you might wish to know whether that person has been placed on the formal list of persons barred from engaging in regulated activity with children, run by the Disclosure and Barring Service (“DBS”). But it is also understandable why the DBS might not wish to tell you (and thereby the public at large) who is or is not barred, and even more so why the individual accused would not wish that to be revealed. Who’s rights win out?’

Panopticon, 8th April 2020

Source: panopticonblog.com

Sean Molloy: Covid-19, Emergency Legislation and Sunset Clauses – UK Constitutional Law Association

Posted April 9th, 2020 in constitutional law, coronavirus, emergency powers, limitations, news, statutory interpretation by sally

‘On 25 March, the UK passed the Coronavirus Act 2020 as part of its attempt to manage the coronavirus outbreak. The Act introduces a wave of temporary measures designed to either amend existing legislative provisions or introduce new statutory powers in order to mitigate the effects of the COVID-19 (See Nicholas Clapham’s Conversation post here on the content of Bill). As countries around the world enact similar laws, there are notable concerns regarding not only the impact of emergency provisions on human rights, but also the potential of emergency powers to become normalised. One response is to utilise sunset clauses. This piece argues that while sunset clauses are both welcome and necessary, they should nevertheless be approached with a degree of caution.’

UK Constitutional Law Association, 8th April 2020

Source: ukconstitutionallaw.org

Barrister lied to police “to help close friend” – Legal Futures

Posted April 9th, 2020 in barristers, deceit, disciplinary procedures, news, professional conduct by sally

‘An unregistered barrister who lied about her status to extract information about an investigation by North Yorkshire Police has been disbarred.’

Legal Futures, 9th April 2020

Source: www.legalfutures.co.uk

EP 106: Vicarious Liability – Robert Kellar QC & Isabel McArdle – Law Pod UK

Posted April 9th, 2020 in banking, damages, data protection, doctors, employment, news, sexual offences, vicarious liability by sally

‘Robert Kellar QC and Isabel McArdle of 1 Crown Office Row discuss with Rosalind English the latest Supreme Court rulings rejecting the liability of Barclays Bank for the wrongdoings of an independent contractor, on the one hand, and the liability of Morris’s Supermarket for the breach of data protection laws by one of its employees, on the other. Are enterprises to be shielded from the risks created by persons they commission to perform certain tasks?’

Law Pod UK, 9th April 2020

Source: audioboom.com

Levi Ogden death: Man who killed partner by throwing phone jailed – BBC News

Posted April 9th, 2020 in domestic violence, homicide, imprisonment, news, sentencing by sally

‘A mother of two died after her drunken boyfriend threw a mobile phone at her neck during a row, a court has heard.’

BBC News, 8th April 2020

Source: www.bbc.co.uk

UK domestic abuse helplines report surge in calls during lockdown – The Guardian

Posted April 9th, 2020 in charities, coronavirus, domestic violence, emergency powers, freedom of movement, news, statistics by sally

‘A helpline for perpetrators of domestic abuse who are seeking help to change their behaviour has received 25% more calls as the Covid-19 lockdown continues, fresh figures show.’

The Guardian, 9th April 2020

Source: www.theguardian.com

‘Too scared to speak out’: young legal aid lawyers highlight Covid-19 pressures – Law Society’s Gazette

Posted April 9th, 2020 in coronavirus, legal aid, legal profession, news, solicitors, standards by sally

‘Furloughed but asked to work, starting work at 5am, prevented from working from home despite living with vulnerable parents – these are some of the shocking stories to emerge from a survey of junior legal aid lawyers.’

Law Society's Gazette, 9th April 2020

Source: www.lawgazette.co.uk

Court of Appeal upholds order for disclosure to police of documents filed in care proceedings – Local Government Lawyer

Posted April 9th, 2020 in appeals, care orders, child cruelty, children, disclosure, documents, families, news by sally

‘The Court of Appeal has rejected a father’s appeal against an order for the disclosure of certain documents filed in childcare proceedings.’

Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk

UK crime agency loses case against ex-Kazakh president’s family – The Guardian

Posted April 9th, 2020 in families, national crime agency, news, proceeds of crime, unexplained wealth orders by sally

‘Britain’s National Crime Agency has lost a high court attempt to force the daughter and grandson of a former president of Kazakhstan to explain where they got the money to buy £80m of property in London.’

The Guardian, 8th April 2020

Source: www.theguardian.com

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