Deputy Master hits out at “unnecessary” expenditure in judicial review and clinical negligence claims on arguing about costs at assessment – Local Government Lawyer

Posted November 4th, 2021 in civil procedure rules, costs, judicial review, news, part 36 offers by sally

‘The Home Secretary wasted public money by protractedly disputing costs in a case involving unlawful detention, a Deputy Master in the High Court has said.’

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Local Government Lawyer, 4th November 2021

Source: www.localgovernmentlawyer.co.uk

“Triple Point Technology Inc v PTT Public Company Limited [2021] UKSC 29” – Atkin Chambers

Posted November 4th, 2021 in contracts, damages, delay, negligence, news, Supreme Court by sally

‘The United Kingdom Supreme Court, allowing an appeal by PTT from the Court of Appeal, has clarified the relevant principles of English law relating to the construction of clauses providing for the payment of liquidated damages for delay. The Supreme Court has confirmed that, unless clear words in the contract provide otherwise, liquidated damages for delay will be an accrued right which is recoverable where the contract is terminated either under its terms or at law for repudiation.’

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Atkin Chambers, 6th October 2021

Source: www.atkinchambers.com

Supreme Court delivers Judgment on Collective Bargaining – Littleton Chambers

‘The Supreme Court has handed down judgment in Kostal UK Ltd v Dunkley and others [2021] UKSC 47, an important decision for collective bargaining. It held that the employer (Kostal) was in breach of s. 145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (the “1992 Act”) by making offers of a change to the terms and conditions of employment directly to employees and bypassing the procedure for collective bargaining agreed with Unite the Union (“Unite”).’

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Littleton Chambers, October 2021

Source: littletonchambers.com

Healthcare Regulation Reform in the UK – Law Pod UK

Posted November 4th, 2021 in health, news, podcasts, standards by sally

‘Robert Kellar QC, of 1 Crown Office Row, discusses with Rosalind English proposals to shake up and simplify the current systems of healthcare regulation in the United Kingdom.’

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Law Pod UK, 3rd November 2021

Source: audioboom.com

Freezing injunctions are permitted without an underlying cause of action, rules Privy Council – Littleton Chambers

‘On 4 October 2021, Privy Council handed down a landmark judgment in Convoy Collateral Ltd v Broad Idea International Ltd and Cho Kwai Chee [2021] UKPC 24. Lord Leggatt’s majority judgment provides the first comprehensive legal foundation for freezing and interim injunctions, and removes many of the restrictions imposed on injunctions by previous cases.’

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Littleton Chambers, 7th October 2021

Source: littletonchambers.com

Is Your Video Doorbell Invading Your Neighbour’s Privacy? – Becket Chambers

Posted November 4th, 2021 in closed circuit television, data protection, harassment, news, nuisance by sally

‘In this article I consider the recent County Court judgment in Fairhurst v Woodard in respect of a claim in harassment, nuisance and breach of the Data Protection Act 2018 arising from the Defendant’s use of CCTV and a Ring doorbell.’

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Becket Chambers, 21st October 2021

Source: becket-chambers.co.uk

Lancashire father injected toddlers with heroin, review finds – BBC News

Posted November 4th, 2021 in child abuse, child neglect, drug abuse, news, social services by sally

‘Two toddlers were injected with heroin by their father to help them sleep, a review into their care has heard.’

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BBC News, 3rd November 2021

Source: www.bbc.co.uk

Home Office sued over ‘racially disproportionate’ new stop and search rules – The Independent

Posted November 4th, 2021 in government departments, minorities, news, police, proportionality, stop and search by sally

‘Human rights groups are suing the Home Office over its decision to increase police stop and search powers, The Independent can reveal.’

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The Independent, 3rd November 2021

Source: www.independent.co.uk

Kostal UK Ltd v Dunkley & Ors [2021] UKSC 47 – Inducements relating to collective bargaining – Old Square Chambers

‘On 27 October 2021 the Supreme Court handed down judgment in Kostal UK Ltd v Dunkley & Ors [2021] UKSC 47, allowing the appeal by 57 members of Unite the Union, recognised by Kostal for collective bargaining purposes. This is the first occasion the appeal courts considered the interpretation of section 145B of the Trade Union & Labour Relations (Consolidation) Act 1992, which was introduced following the decision of the ECtHR in Wilson/Palmer v United Kingdom [2002] IRLR 568. S. 145B gives trade union members the right not to receive offers from their employer which, if accepted, would have the result that one or more terms of their employment will not (or will no longer) be determined by collective bargaining (the “prohibited result”), if (but only if) if the employer’s sole or main purpose in making the offers is to achieve the prohibited result. Where liability is established, the Employment Tribunal (ET) must make a prescribed award (currently £4,341) to each member to whom the offer is made.’

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Old Square Chambers, 27th October 2021

Source: oldsquare.co.uk

Coroner criticises failure to share MI5 intelligence on Fishmongers’ Hall killer – The Guardian

Posted November 4th, 2021 in coroners, intelligence services, news, police, probation, terrorism by sally

‘Collective failures by the security services, police and probation officers before the terrorist killings at Fishmongers’ Hall in London must be addressed to avoid a similar attack in future, a coroner has warned.’

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The Guardian, 3rd November 2021

Source: www.theguardian.com

Surely, I’m Insured?! Is a defendant insured only when sure the insurer will pay out? – Gatehouse Chambers

‘The Claimant was employed as a labourer by the Second Defendant (‘YKS’) who, in turn, were engaged by the Appellant Fourth Defendant (‘Buttar’) as an independent brickwork contractor. The First and Third Defendants were individuals who controlled the Second and Fourth Defendants. The Claimant suffered catastrophic injuries at a building site and brought proceedings in negligence against, inter alia, YKS, as his employer; and Buttar, as the main contractor on site. The Court recognised that there was a compelling need for an interim payment to fund an appropriate rehabilitation package for the Claimant if he was able to satisfy the legal requirements for obtaining the same.’

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Gatehouse Chambers, 28th October 2021

Source: gatehouselaw.co.uk

The zombie law: 3C leave and long residence – 5SAH

Posted November 4th, 2021 in appeals, immigration, legislative drafting, news, regulations, time limits by sally

‘The “labyrinthine structure and idiosyncratic drafting” of the Immigration Rules (the Court of Appeal’s words, not mine), sometimes makes it difficult to divine the meaning and purpose of UK immigration laws. This is perhaps never more true than in the case of 3C leave. In the recent decisions of Akinola and Hoque, the Court of Appeal has been attempting to makes sense of the situation and what it means for 10-year long residence applications.’

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5SAH, 20th October 2021

Source: www.5sah.co.uk

Data protection for schools and higher education institutions – 3PB

Posted November 4th, 2021 in codes of practice, data protection, education, news, universities by sally

‘Slightly different from the topic envisaged at the end of part 2 of the cyber series, this article deals with two circumstances. Firstly, the right to access educational data via a subject access request (prompted by a recent issue in my caseload) and, secondly, the data protection obligations owed by further and higher education institutions (“HEIs”) in situations of crisis on campus.’

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3PB, 26th October 2021

Source: www.3pb.co.uk

Civil justice system “in desperate need of modernisation” – Legal Futures

Posted November 4th, 2021 in artificial intelligence, civil justice, dispute resolution, news, reports by sally

‘The civil justice system and some areas of the law in England and Wales are “in desperate need of modernisation”, a report by the Social Market Foundation (SMF) has found.’

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Legal Futures, 4th November 2021

Source: www.legalfutures.co.uk

Man jailed for racially abusing Rashford, Sancho and Saka after Euro 2020 final – The Guardian

Posted November 4th, 2021 in guilty pleas, improper use of telecommunications, internet, news, sentencing by sally

‘A man who livestreamed himself on Facebook racially abusing three England football players after the Euro 2020 final has been jailed.’

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The Guardian, 3rd November 2021

Source: www.theguardian.com