Law Society victimisation claim struck out over volunteer status – Legal Futures

Posted March 25th, 2021 in news, solicitors, striking out, victimisation, volunteers by sally

‘A solicitor has had her claim for victimisation by the Law Society struck out by an employment tribunal on the basis that, as the chair of a committee, she was not an employee or office-holder.’

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Legal Futures, 25th March 2021

Source: www.legalfutures.co.uk

Public Accounts Committee warns of “huge backlogs” in courts, justice system under “unprecedented pressure” – Local Government Lawyer

‘The Ministry of Justice “faces significant risks across the full range of its services, without a clear sense of prioritisation” and huge backlogs that have built up are causing “unacceptably long waiting times for people to access justice”, the Public Accounts Committee has said.’

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Local Government Lawyer, 24th March 2021

Source: www.localgovernmentlawyer.co.uk

Fiona de Londras: Six-Monthly Votes on the Coronavirus Act 2020: A Meaningful Mode of Review? – UK Constitutional Law Association

Posted March 25th, 2021 in coronavirus, emergency powers, news, parliament, regulations, reports, time limits by sally

‘A year since the Coronavirus Act 2020 received Royal Assent, Parliament will today (25 March 2021) once more debate the Coronavirus Act 2020 and its effects, effectiveness, and continuation. The Coronavirus Act 2020 is a touchpoint in the legal and regulatory response to the pandemic.’

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UK Constitutional Law Association, 25th March 2021

Source: ukconstitutionallaw.org

MPs launch inquiry into Government approach to permitted development rights – Local Government Lawyer

Posted March 25th, 2021 in housing, inquiries, local government, news, planning, select committees by sally

‘The Housing, Communities and Local Government Committee has launched a new inquiry to examine the Government’s approach to permitted development rights (PDR).’

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Local Government Lawyer, 24th March 2021

Source: www.localgovernmentlawyer.co.uk

Jehovah’s Witnesses congregation vicariously liable – UK Human Rights Blog

Posted March 25th, 2021 in causation, news, psychiatric damage, rape, vicarious liability by sally

‘In The Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2021] EWCA Civ 356, the Court of Appeal has offered further guidance on vicarious liability following Supreme Court decisions last year in VM Morrison Supermarkets PLC v Various Claimants [2020] UKSC 12 and Barclays Bank v Various Claimants [2020] UKSC 13.’

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UK Human Rights Blog, 25th March 2021

Source: ukhumanrightsblog.com

Stalking victims ‘sitting ducks’ in lockdown, say Suzy Lamplugh Trust – BBC News

Posted March 25th, 2021 in charities, coronavirus, news, stalking, victims by sally

‘Stalking victims say they feel like “sitting ducks” in lockdown, according to a charity which has seen a surge in calls for help.’

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BBC News, 25th March 2021

Source: www.bbc.co.uk

Patient safety watchdog launches investigation into NHS 111 advice to Covid patients – The Guardian

Posted March 25th, 2021 in bereavement, coronavirus, health, news, reports, telecommunications by sally

‘The NHS patient safety watchdog has launched an investigation into failings by the NHS 111 telephone advice service which may have cost the lives of people with Covid-19.’

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The Guardian, 25th March 2021

Source: www.theguardian.com

BAILII: Recent Decisions

Posted March 25th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

UK Gymnastics Ltd & Ors v British Amateur Gymnastics Association [2021] EWCA Civ 425 (24 March 2021)

Athena Capital Fund SICAV-FIS S.A v Crownmark Ltd [2021] EWCA Civ 414 (23 March 2021)

Court of Appeal (Criminal Division)

Baldwin v R. [2021] EWCA Crim 417 (24 March 2021)

Warren & Ors v R. [2021] EWCA Crim 413 (23 March 2021)

Sakin & Anor, R. v [2021] EWCA Crim 411 (22 March 2021)

High Court (Administrative Court)

Swire v Ashford Borough Council [2021] EWHC 702 (Admin) (24 March 2021)

Croyde Area Residents Association, R (On the Application Of) v North Devon District Council [2021] EWHC 703 (Admin) (23 March 2021)

CGM v Luton Council [2021] EWHC 709 (Admin) (23 March 2021)

Kane, R (On the Application Of) v The Independent Adjudicator [2021] EWHC 673 (Admin) (23 March 2021)

AA, R (On the Application Of) v London Borough of Hackney [2021] EWHC 674 (Admin) (22 March 2021)

Borough Council of Calderdale v Secretary of State for Housing, Communities and Local Government [2021] EWHC 695 (Admin) (22 March 2021)

LYB, R (On the Application Of) v Kent County Council [2021] EWHC 663 (Admin) (22 March 2021)

Worcestershire County Council, R (On the Application Of) v Secretary of State for Health and Social Care [2021] EWHC 682 (Admin) (22 March 2021)

High Court (Chancery Division)

Nakamura v Armstrong [2021] EWHC 654 (Ch) (24 March 2021)

Womble Bond Dickinson (Trust Corporation) Ltd & Ors v Glenn & Ors [2021] EWHC 624 (Ch) (24 March 2021)

Taylor v Khodabakhsh & Ors [2021] EWHC 655 (Ch) (23 March 2021)

The Secretary of State for Business, Energy And Industrial Strategy v Geoghegan & Ors [2021] EWHC 672 (Ch) (23 March 2021)

MSD Cash & Carry Ltd, Re [2021] EWHC 639 (Ch) (23 March 2021)

One Blackfriars Ltd, Re [2021] EWHC 684 (Ch) (23 March 2021)

HRH the Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 669 (Ch) (22 March 2021)

Various Claimants v News Group Newspapers Ltd [2021] EWHC 680 (Ch) (22 March 2021)

High Court (Commercial Court)

PJSC National Bank Trust & Anor v Mints & Ors [2021] EWHC 692 (Comm) (23 March 2021)

Quadra Commodities SA & Ors v International Bank of St-Petersburg (Joint-Stock Company) (Rev 1) [2021] EWHC 730 (Comm) (22 March 2021)

McFarland-Cruickshanks v England Kerr Hands Solicitors Ltd [2021] EWHC 525 (Comm) (22 March 2021)

Foglia v Family Officer Ltd & Ors [2021] EWHC 650 (Comm) (22 March 2021)

High Court (Queen’s Bench Division)

McGann v Bisping [2021] EWHC 704 (QB) (24 March 202

High Court (Technology and Construction Court)

Bechtel Ltd v High Speed Two (HS2) Ltd ((No.2) Costs of the Interested Party) [2021] EWHC 640 (TCC) (23 March 2021)

Source: www.bailii.org

Florence Powell and Stephanie Needleman: How radical an instrument is Section 3 of the Human Rights Act 1998? – UK Constitutional Law Association

‘The operation of the Human Rights Act 1998 (the “HRA”) is currently being reviewed by the Government’s Independent Human Rights Act Review (the “Review”). One of the Review’s key themes is “the impact of the HRA on the relationship between the judiciary, the executive and the legislature”. In respect of this theme, the Terms of Reference ask how s.3 has operated and whether it should be amended or repealed.’

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UK Constitutional Law Association, 24th March 2021

Source: ukconstitutionallaw.org

CA slates barristers whose failures led it to wrongly quash conviction – Legal Futures

‘The Court of Appeal has strongly criticised barristers for not realising that the transcript of a trial was incorrect because they had not paid attention to the judge’s summing-up at the time.’

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Legal Futures, 24th March 2021

Source: www.legalfutures.co.uk

Fatal truth: how the suicide of Alex Reid exposed the hidden death toll of domestic violence – The Guardian

‘Nine months after the outgoing and talented nurse started dating Peter Yeung, she was dead. Her story highlights a shockingly common but overlooked cause of death among women.’

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The Guardian, 24th March 2021

Source: www.theguardian.com

Does The UK Protect Our Right To Freedom of Religion or Belief? – Each Other

Posted March 24th, 2021 in equality, human rights, news, religious discrimination by sally

‘In 1975, at the height of Cold War tensions, leaders of the United States, Canada and all European countries sat down together in Helsinki, Finland. Their main aim was discuss how to improve relations between different factions of the world when a global armed conflict felt dangerously close.’

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Each Other, 23rd March 2021

Source: eachother.org.uk

‘Informed consent’ fees dispute set for Court of Appeal showdown – Law Society’s Gazette

‘Afees dispute in a personal injury claim with the potential to affect thousands of similar cases is set to be contested in the Court of Appeal.’

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Law Society's Gazette, 24th March 2021

Source: www.lawgazette.co.uk

HMCTS rolls out on-site rapid testing at four more courts – Local Government Lawyer

Posted March 24th, 2021 in coronavirus, courts, HM Courts Service, news by sally

‘HM Courts & Tribunals Service (HMCTS) will from this week offer voluntary on-site rapid testing at four courts to people who attend scheduled hearings and are not showing symptoms of COVID-19.’

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Local Government Lawyer, 23rd March 2021

Source: www.localgovernmentlawyer.co.uk

Male barrister suspended for lewd comments aimed at female mini-pupil – Legal Futures

‘An experienced barrister who made crude sexual comments to a woman on a mini-pupillage has been suspended for six months and told not to take on pupils or mini-pupils in future.’

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Legal Futures, 23rd March 2020

Source: www.legalfutures.co.uk

Trial delays continue to lengthen across civil courts – Litigation Futures

‘Delays in cases going through the civil court continue to spiral upwards, with the whiplash reforms set to increase pressure on the small claims court even further in the coming months.’

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Litigation Futures, 23rd March 2021

Source: www.litigationfutures.com

Shrewsbury 24: how industrial action led to 47-year fight for justice – The Guardian

‘The industrial action that led to the convictions of union activists and a 47-year campaign to clear their names took place as Edward Heath’s Conservative government sought to weaken the economic power of trade unions.’

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The Guardian, 23rd March 2021

Source: www.theguardian.com

Vicarious liability for rape: Barry Congregation of JWs – Law & Religion UK

‘In Barry Congregation of Jehovah’s Witnesses v BXB [2021] EWCA Civ 356, Mrs B and her husband had attended the Kingdom Hall in Barry and in 1986 Mrs B was baptised as a Jehovah’s Witness. They became friendly with another couple, Mark and Mary Sewell. Mark Sewell was a ministerial servant and subsequently became an elder. On 30 April 1990, Sewell raped Mrs B in a room in his house – and that fact was undisputed. In 2014, Sewell was convicted of raping Mrs B and of indecently assaulting a girl aged under 14, CXC, and another individual and sentenced to 14 years’ imprisonment. Mrs B sued the Watch Tower Bible and Tract Society of Pennsylvania and the Trustees of the Barry Congregation and, at first instance, Chamberlain J held them vicariously liable for her rape. (He also determined that it was equitable to extend the time to allow the claims to proceed, pursuant to s.33 Limitation Act 1980). He awarded Mrs B £62,000 for psychiatric injuries attributable to the rape. On appeal, the defendants disputed.’

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Law & Religion UK, 24th March 2021

Source: lawandreligionuk.com

The jurisdictional challenge of internet regulation – OUP Blog

Posted March 24th, 2021 in data protection, international law, internet, jurisdiction, news, privacy by sally

‘We live in an increasingly automated, data-driven world where choices and decisions are made for us, and sometimes, against us, and in which we are being subconsciously manipulated, based on the data trail we leave behind us. As a consequence, increasingly humanity is losing agency in favour of globally operating technology and media companies, who are building empires based on big data, data mining, and artificial intelligence. Their wealth and power stems from targeted advertising, but increasingly rests on the wealth of data and profiles of individuals which can be packaged and re-packaged to be sold to the highest bidder. The data collected is not just used for advertising, but also for surveillance, differential pricing, influencing elections, targeted misinformation, predicting sentiments in investment markets, and selling the data for managing corporate risk to the detriment of the consumer, particularly in respect of credit and insurance. Likewise, cybercrime uses techniques of profiling and exploitation of the vulnerable. The global data-driven economy is wide-ranging, has many benefits, but equally, high risks.’

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OUP Blog, 24th March 2021

Source: blog.oup.com

Colin Nesbitt: Bradford cancer charity founder guilty of theft – BBC News

Posted March 24th, 2021 in abuse of position of trust, charities, fraud, news, theft by sally

‘The founder of a children’s cancer charity has been convicted of stealing over £87,000 from the organisation.’

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BBC News, 23rd March 2021

Source: www.bbc.co.uk