Replace GDPR, says prime minister’s regulatory hit-squad – Law Society’s Gazette

Posted June 17th, 2021 in brexit, data protection, EC law, news, reports by sally

‘EU-era data protection laws would be replaced by common-law based UK legislation under a list of proposals for a “bold new” post-Brexit framework proposed by a working party set up by the prime minister today.’

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Law Society's Gazette, 16th June 2021

Source: www.lawgazette.co.uk

High Court rejects ‘failure to remove’ abuse claim – UK Human Rights Blog

‘In a significant adverse judgment for child abuse claimants, DFX v Coventry City Council [2021] EWHC 1382 (QB), Mrs Justice Lambert rejected a claim brought by a number of claimants who alleged that the defendant council’s social services negligently delayed in instigating care proceedings and that had they been removed from the family home earlier they would have avoided serial abuse at the hands of their parents.’

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UK Human Rights Blog, 14th June 2021

Source: ukhumanrightsblog.com

Research Briefing: General debate: Misuse of Drugs Act – House of Commons Library

Posted June 17th, 2021 in drug abuse, drug offences, medicines, news, parliament, statistics by sally

‘This year marks the fiftieth anniversary of the Misuse of Drugs Act 1971, the main piece of legislation through which illicit drugs are controlled across the UK.’

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House of Commons Library, 16th June 2021

Source: commonslibrary.parliament.uk

Employment Tribunals: Interim Relief and the Equality Act 2010: Court of Appeal Declines to Extend the Relief – Littleton Chambers

‘For a few months, a radical change to employment law practice appeared to be in prospect.’

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Littleton Chambers, 16th June 2021

Source: littletonchambers.com

Beyond status: the long road towards effective health and safety rights for on-demand workers – by Aude Cefaliello – UK Labour Law

Posted June 17th, 2021 in brexit, casual workers, EC law, employment, health & safety, news by sally

‘Over the past months, there has been an alignment of stars between two major court rulings that have the potential to reshape the working lives of on-demand workers and the business model of platforms.’

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UK Labour Law, 16th June 2021

Source: uklabourlawblog.com

Covid: Deaf campaigner takes legal action over No 10 briefings – BBC News

‘A deaf campaigner is taking legal action against the government, after complaining that it failed to provide in-person British Sign Language (BSL) interpreters at No 10 Covid briefings.’

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BBC News, 16th May 2021

Source: www.bbc.co.uk

Mason v Laing: Wrongly decided? – No. 5 Chambers

‘Those involved in soft tissue injury cases proceeding under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”) may be familiar with paragraph 7.8B of the Protocol.’

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No. 5 Chambers, 11th June 2021

Source: www.no5.com

Sharing data with crime reduction partnerships – UK Police Law Blog

‘R (on the application of M) v Chief Constable of Sussex [2021] EWCA Civ 42 is an important decision from the Court of Appeal regarding an information sharing agreement (“ISA”) between a police force and a local business crime reduction partnership (“BCRP”). The ISA was held not to breach the Data Protection Act 2018 (“DPA”) and the sharing of information that revealed a vulnerability to child sexual exploitation (“CSE”) was held not to be in breach of data protection rights. The case indicates the approach that the courts may take when asked to scrutinise information sharing agreements and policy documents where the police seek to share data with other organisations for the purpose of reducing crime and disorder.’

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UK Police Law Blog, 15th June 2021

Source: ukpolicelawblog.com

Frustrated Contracts and Wedding Venues – article by Harry Dyson – Park Square Barristers

Posted June 17th, 2021 in contracts, coronavirus, hotels, marriage, news, regulations, repayment by sally

‘Harry Dyson discusses what appears to be the first judgment at Circuit Judge level in relation to what monies can be retained or claimed by wedding venues when the contract has been frustrated by Covid-19 regulations. Harry has been exposed to this issue whilst working as a paralegal prior to commencing pupillage. He gained experience in dealing with both these claims and issues surrounding venues’ business interruption insurance.’

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Park Square Barristers, 15th June 2021

Source: www.parksquarebarristers.co.uk

QC: Menopause “made me feel I was losing my mind” – Legal Futures

Posted June 17th, 2021 in barristers, menopause, mental health, news, queen's counsel, women by sally

‘A QC has described how going through an early menopause at the age of 37 made her feel she was “losing her mind” and left her a “hair’s breadth away” from leaving the Bar.’

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Legal Futures, 17th June 2021

Source: www.legalfutures.co.uk

Whistleblowing: causation, guidance for complex cases and judicial proceedings immunity – 3PB

‘In GMP v Aston we receive a helpful reminder of the approach to be applied in cases where there are multiple protected disclosures spanning a significant period and allegations of multiple detriments involving multiple perpetrators and multiple victims. The case also involves an alleged detriment consisting of evidence given in other tribunal proceedings which was subject to judicial proceedings immunity (JPI) and deals with the issue of whether evidence which is covered by JPI can amount to a detriment. Finally, where the issue of JPI had not been raised before the first instance Tribunal, the Appeal Tribunal considered whether it had to deal with this newly argued point (i.e. whether it was mandatory) or whether it had a discretion to consider the newly argued point (i.e. whether it was discretionary). The considerations when deciding whether or not to exercise the discretion are also set out.’

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3PB, 10th June 2021

Source: www.3pb.co.uk

The sexual assault of sleeping women: the hidden, horrifying rape crisis in Britain’s bedrooms – The Guardian

Posted June 17th, 2021 in consent, domestic violence, news, prosecutions, rape, sexual offences by sally

‘A recent survey suggested a shockingly high proportion of women have been sexually assaulted by a partner as they slept. Now more and more are speaking out.’

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The Guardian, 15th June 2021

Source: www.theguardian.com

Employment status following the Uber Supreme Court case – Mills & Reeve

Establishing an individual’s employment rights can feel like a minefield, with varying degrees of obligations on the employer depending on the employment status. Earlier this year the Supreme Court upheld earlier decisions in the Employment Tribunal, Employment Appeal Tribunal and Court of Appeal that Uber drivers are “workers” of Uber for the purposes of employment rights, and not, as Uber argued, self-employed contractors each operating their own minicab business.

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Mills & Reeve, 14th June 2021

Source: www.mills-reeve.com

High Court hears judicial review over voting provisions for blind and partially sighted people – Local Government Lawyer

‘The High Court is this week (15-16 June) hearing a second judicial review challenge in respect of the voting provisions for blind and partially sighted people.’

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Local Government Lawyer, 16th June 2021

Source: www.localgovernmentlawyer.co.uk

Black Met police chief wins her job back after tribunal says sacking was unfair – The Guardian

‘A black police chief dismissed from the Metropolitan police has won her job back after a tribunal said her sacking was unfair.’

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The Guardian, 16th June 2021

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted June 17th, 2021 in legislation by tracey

The NHS (Charitable Trusts Etc) Act 2016 (Commencement) Regulations 2021

The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) (Amendment) Regulations 2021

The United Kingdom Internal Market Act 2020 (Commencement No. 2) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 17th, 2021 in law reports by tracey

High Court (Chancery Division)

Sangha v Estate of Diljit Kaur Sangha & Ors [2021] EWHC 1599 (Ch) (16 June 2021)

High Court (Patents Court)

Mitsubishi Electric Corporation & Anor v Archos SA & Ors [2021] EWHC 1639 (Pat) (16 June 2021)

Autostore Technology AS v Ocado Group Plc & Ors [2021] EWHC 1614 (Pat) (11 June 2021)

High Court (Queen’s Bench Division)

King v Royal United Hospitals Bath NHS Foundation Trust [2021] EWHC 1576 (QB) (16 June 2021)

Source: www.bailii.org