Day: 21 June 2023
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Morton & Anor v Morton [2023] EWCA Civ 700 (20 June 2023)
S (A Child) [2023] EWCA Civ 706 (20 June 2023)
K & L (Children: Fairness of Hearing) [2023] EWCA Civ 686 (20 June 2023)
Court of Appeal (Criminal Division)
Lake, R. v [2023] EWCA Crim 710 (20 June 2023)
High Court (Commercial Court)
High Court (Family Division)
A v B (Appeal: Domestic Abuse) [2023] EWHC 1499 (Fam) (20 June 2023)
Source: www.bailii.org
Employment and “protected beliefs”: Higgs v Farmor’s School – Law & Religion UK
‘In Higgs v Farmor’s School [2023] EAT 89, Mrs Higgs worked as a pastoral administrator and work experience manager at Farmor’s School. Complaints were received about Facebook posts that she had made about relationship education in primary schools: in particular, she re-posted someone else’s post, heading it, “PLEASE READ THIS! THEY ARE BRAINWASHING OUR CHILDREN!” [5]. She also re-posted similar material. She accepted that her posts might have been seen by parents of pupils at Farmor’s School, though she pointed out that she had not mentioned the school itself [9].
She was suspended and, after a disciplinary investigation and an appeal, dismissed [16 & 17]. She took the school to an Employment Tribunal, arguing that her dismissal amounted either to direct discrimination because of her protected beliefs or to harassment relating to them.’
Law & Religion UK, 20th June 2023
Source: lawandreligionuk.com
Court rules that genuine attempt to restructure did not put assets beyond reach of creditors – OUT-LAW.com
‘A recent ruling of the English High Court found that a genuine attempt to restructure a company did not amount to an ‘informal winding-up’ in contradiction of insolvency laws on the distribution of assets to creditors.’
OUT-LAW.com, 20th June 2023
Source: www.pinsentmasons.com
Tim Sayer: The Passive Virtues and the Abuse of Delegated Legislation: Courts, the Political Constitution and the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 – UK Constitutional Law Association
‘In 1961 Alexander Bickel argued that the US Supreme Court should adopt what he called the “passive virtues” – minimising engagement with hard constitutional questions so as to keep its powder dry for the most essential issues. One such question that appears headed for the UK courts is the Home Secretary’s decision to use delegated powers in the Police, Crime, Sentencing and Courts Act 2022 (“the 2022 Act”) to introduce the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 (“the Regulations”) conferring additional powers on the police to impose restrictions on protests and processions. Notwithstanding existing concerns around the use of delegated legislation to introduce substantive and controversial policy, the unusual and serious constitutional issue here is that the Regulations make changes to the law specifically rejected by Parliament during debates on the 2022 Act.’
UK Constitutional Law Association, 19th June 2023
Source: ukconstitutionallaw.org
Ex-One Legal staff given pay award over redundancy without notice – Legal Futures
‘Sixty-four former employees of One Legal – the alternative business structure that owned two criminal law firms – have been granted full protective awards because they were made redundant without notice.’
Legal Futures, 21st June 2023
Source: www.legalfutures.co.uk
Law Commission invited to review legislation on co-operatives and friendly societies – Law Commission
‘The Law Commission has today been invited by the Treasury to undertake two projects to review the legal frameworks governing co-operatives and community benefit societies, and friendly societies.’
Law Commission, 16th June 2023
Source: www.lawcom.gov.uk
Police urged to use stop and search to save more lives – Home Office
‘Police leaders must make sure their officers are confident to use stop and search powers wherever necessary, to seize dangerous weapons and prevent knife crime.’
Home Office, 20th June 2023
Source: www.gov.uk
News focus: How not to regulate artificial intelligence – Law Society’s Gazette
‘The EU is adopting a prescriptive approach to policing artificial intelligence, aiming to “set the tone worldwide”. But lawyers point to the downsides of a detailed legal framework.’
Law Society's Gazette, 18th June 2023
Source: www.lawgazette.co.uk
Manchester vape liquid firm fined after worker loses fingers and thumb – BBC News
‘A vape liquid manufacturing company has been fined £180,000 after a worker lost two fingers and a thumb while clearing a blockage in a packaging machine.’
BBC News, 20th June 2023
Source: www.bbc.co.uk
Cardiff: Trampoline park owner sentenced over injuries – BBC News
‘The owner of an indoor trampoline park where four children broke their legs has been given a suspended sentence.’
BBC News, 20th June 2023
Source: www.bbc.co.uk
Chinese couple barred from UK over Communist party donation allegations – The Guardian
‘A pair of wealthy Chinese nationals have been barred from entering the UK after the government accused them of being involved in making donations to British political figures on behalf of the Chinese Communist party.’
The Guardian, 20th June 2023
Source: www.theguardian.com
Windrush: Hundreds with chronic and mental illness sent back to Caribbean – BBC News
‘Hundreds of long-term sick and mentally ill people from the Windrush generation were sent back to the Caribbean in what has been described as a “historic injustice”, the BBC has found.’
BBC News, 21st June 2023
Source: www.bbc.co.uk
TikToker who stalked Chelsea star Mason Mount sentenced – BBC News
‘An influencer who bombarded Chelsea midfielder Mason Mount with messages has been given a suspended prison term.’
BBC News, 20th June 2023
Source: www.bbc.co.uk
