The importance of Reynolds in discrimination cases – 3PB

‘By this judgment, the EAT allowed an appeal against a finding that an employee’s dismissal was because of her pregnancy (contrary s.18 Equality Act 2010) on the ground that the ET had not considered Reynolds v CLFIS (UK) Ltd [2015] ICR 1010. Reynolds is no doubt familiar to experienced employment lawyers, it stands for the principle that, in a discrimination claim, the relevant decision maker must have been (at least significantly) influenced by a protected characteristic. A composite approach, bringing together the act of one individual with a discriminatory reason of another is not permitted.’

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3PB, 7th June 2023

Source: www.3pb.co.uk

Dismissing for redundancy: making sure all other options are explored properly – 3PB

‘C was employed by the R as a live-in carer. The person for whom she cared went into hospital. Usually the R would have moved C to care for another individual. However, the effects of the pandemic were such that there was less opportunity to do so. C’s last day of work for the person for whom she cared was 8.2.20; she thereafter received no work, and no pay.’

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3PB, 5th June 2023

Source: www.3pb.co.uk

A Date to Remember – Withdrawing Election Petitions – 4-5 Gray’s Inn Square

Posted July 5th, 2023 in chambers articles, elections, local government, news by sally

‘The prospect of an election being challenged by an election petition is something that will no doubt form the stuff of nightmares for many of the readers of this magazine. However, it may happen and the recent case of Afzal v Khan & Ors [2023] EWHC 376 (KB)1 has given the High Court the opportunity to set out the law on some of the powers an Election Court has in deciding an Election Petition, in particular as to what it should do when the Petitioner decides they no longer wish to pursue it.’

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4-5 Gray's Inn Square, 1st June 2023

Source: www.4-5.co.uk

Elderly black man who was punched by police officer wins judicial review – The Guardian

‘The high court has overturned a decision by the police watchdog that an officer who punched an elderly black man in the face had no case to answer.’

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The Guardian, 4th July 2023

Source: www.theguardian.com

Landlord claimed to be “lost at sea” ordered to pay £44k over housing offence – Local Government Lawyer

‘A South Gloucestershire landlord has been ordered to pay more than £44,000 after a court found him guilty of a serious housing offence and for contravening a Local Government Act.’

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Local Government Lawyer, 4th July 2023

Source: www.localgovernmentlawyer.co.uk

Public inquiries: back in fashion – 3 Hare Court

Posted July 5th, 2023 in chambers articles, inquiries, news by sally

‘Public inquiries – getting at the truth or kicking the can down the road? Malcolm Bishop KC hovers between optimism & cynicism, in this article for the New Law Journal.’

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3 Hare Court, 5th June 2023

Source: www.3harecourt.com

Thoroughly Modern Will Disputes – 5SAH

‘What is behind the recent increase in will & inheritance disputes? Niamh Wilkie & Stephanie Coker consider the complications caused by cohabitation & blended families.’

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5SAH, 3rd July 2023

Source: www.5sah.co.uk

Why UK court ruled Rwanda isn’t a safe place to send refugees – and what this means for the government’s immigration plans – EIN Blog

‘The Court of Appeal has ruled against the UK government’s plan to send asylum seekers to Rwanda, adding a significant legal hurdle to the prime minister Rishi Sunak’s promise to “stop the boats”.’

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EIN Blog, 4th July 2023

Source: www.ein.org.uk

Information Commissioner issues enforcement notice against London borough over handling of FOI requests – Local Government Lawyer

‘The Information Commissioner’s Office (ICO) has issued an enforcement notice to Croydon Council for its poor handling of requests made under the Freedom of Information Act (FOIA) 2000.’

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Local Government Lawyer, 4th July 2023

Source: www.localgovernmentlawyer.co.uk

Web porn rules could be tightened in UK as government launches review -The Guardian

Posted July 5th, 2023 in bills, children, internet, news, pornography, regulations by sally

‘Web pornography could be subject to tighter rules in the UK, putting it on a par with films on DVD under government plans to review regulation of the online adult content industry.’

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The Guardian, 3rd July 2023

Source: www.theguardian.com

Wheelchair tennis boss sacked for refusing Covid jab wins £27,000 payout – Daily Telegraph

‘A wheelchair tennis executive was sacked after she refused to get a Covid vaccine despite the Government ending nearly all restrictions at the time, a tribunal heard.’

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Daily Telegraph, 4th July 2023

Source: www.telegraph.co.uk

Sheffield woman Katie Bell who trolled grieving widow jailed – BBC News

‘An online troll who carried out a campaign of abuse against a grieving widow after breaching an order to stop has been jailed for 15 months.’

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BBC News, 4th July 2023

Source: www.bbc.co.uk

Alternative to cremation announced – Law & Religion UK

Posted July 5th, 2023 in burials and cremation, Church of England, news by sally

‘On 3 July 2023, Resomation Ltd (“Natural Water Cremation”) issued a Press Release which announced:

“In a move that is set to revolutionise the way we say goodbye to loved ones, the UK’s leading funeral provider, Co-op Funeralcare, is set to pioneer the introduction of Resomation in the UK later this year. It will mark a major shift in UK funerals for more than 120 years, as the first alternative to burial or cremation since the introduction of the Cremation Act of 1902.”’

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Law & Religion UK, 4th July 2023

Source: lawandreligionuk.com

Man found guilty of Nottingham arson murder of woman and two children – The Guardian

Posted July 5th, 2023 in arson, murder, news by sally

‘A man has been found guilty of murdering his nextdoor neighbour and her two young children by pouring petrol through their letterbox and setting fire to their flat while they were asleep.’

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The Guardian, 4th July 2023

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted July 5th, 2023 in legislation by tracey

SI 2023/727 – The Aviation Security (Air Cargo Agents) (Amendment) Regulations 2023

SI 2023/753 – The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023

SI 2023/748 – The International Organisations (Tax Exemptions Designation) (Amendment) Order 2023

SI 2023/746 – The Public Service Pensions and Judicial Offices Act 2022 (Commencement No. 2) Regulations 2023 and 110

SI 2023/745 – The Criminal and Civil Legal Aid (Amendment) Regulations 2023

SI 2023/743 – The Fruit and Vegetables Aid Scheme Closure (England) Regulations 2023

SI 2023/742 – The Victims’ Payments (Amendment) Regulations 2023

SI 2023/737 – The Justices’ Allowances (Amendment) Regulations 2023

Source: www.legislation.gov.uk

Do the police owe potential victims a duty to warn? – Law Pod UK

Posted July 5th, 2023 in crime prevention, duty of care, news, podcasts, police, victims by sally

‘Traditionally, courts have declined to impose this liability, believing it would lead to defensive policing. A recent High Court ruling appears to have changed all that. Listen to Rosalind English in discussion with Conor Monaghan of 5 Essex Court on this decision with serious implications for all public authorities.’

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Law Pod UK, 5th July 2023

Source: audioboom.com

Ofcom to investigate GB News and TalkTV over impartiality rules – The Guardian

Posted July 5th, 2023 in complaints, media, news, ombudsmen, parliament, political parties by sally

‘Ofcom has launched investigations into GB News and TalkTV as the media regulator struggles to handle how rightwing television channels are employing serving politicians as presenters.’

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The Guardian, 3rd July 2023

Source: www.theguardian.com

BAILII: Recent Decisions

Posted July 5th, 2023 in law reports by tracey

Court of Appeal (Civil Division)

SPM, R (On the Application Of) v Secretary of State for the Home Department [2023] EWCA Civ 764 (04 July 2023)

Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors [2023] EWCA Civ 758 (04 July 2023)

Shyti v Secretary of State for the Home Department [2023] EWCA Civ 770 (04 July 2023)

The Secretary of State for Health & Anor v Servier Laboratories Ltd & Ors [2023] EWCA Civ 763 (03 July 2023)

High Court (Administrative Court)

Spitalfields Neighbourhood Planning Forum v Tower Hamlets Council [2023] EWHC 1657 (Admin) (04 July 2023)

The All-Party Parliamentary Group on Fair Business Banking, R (On the Application Of) v The Financial Conduct Authority [2023] EWHC 1662 (Admin) (04 July 2023)

High Court (Chancery Division)

Shovlin v Site Civils and Surfacing Ltd & Anor (Re SPH Trust) [2023] EWHC 1658 (Ch) (04 July 2023)

Walsh & Ors v Spence & Ors [2023] EWHC 1661 (Ch) (03 July 2023)

Adams & Ors v FS Capital Ltd & Ors [2023] EWHC 1649 (Ch) (03 July 2023)

High Court (Commercial Court)

Rolls-Royce Holdings Plc v Goodrich Corporation [2023] EWHC 1637 (Comm) (03 July 2023)

High Court (Patents Court)

InterDigital Technology Corporation & Ors v Lenovo Group Ltd & Ors [2023] EWHC 1583 (Pat) (04 July 2023)

High Court (King’s Bench Division) Decisions

India Infrastructure Finance Company (UK) Ltd v Reliance Naval & Engineering Ltd & Ors [2023] EWHC 1612 (KB) (04 July 2023)

Kew Green Group Ltd & Anor v Lamb & Ors [2023] EWHC 1628 (KB) (03 July 2023)

High Court (Technology and Construction Court)

Sleaford Building Services Ltd v Isoplus Piping Systems Ltd [2023] EWHC 1643 (TCC) (04 July 2023)

Dukes Bailiffs Ltd v Breckland Council [2023] EWHC 1569 (TCC) (26 June 2023)

Source: www.bailii.org

Children’s Commissioner for England calls for “radical rehaul” of SEND system as demand for Education, Health and Care Plans reaches new highs – Local Government Lawyer

‘The Children’s Commissioner, Dame Rachel de Souza, has called for a “radical rehaul of the SEND system” and “swift implementation of the SEND Improvement Plan” after recent data from the Department for Education showed that nearly 1.2 million children in England have special educational needs support without an Education, Health and Care plan (EHCP), up 4.7% in 2022.’

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Local Government Lawyer, 4th July 2023

Source: www.localgovernmentlawyer.co.uk

Man who befriended UK families jailed after failing to reveal rape conviction – The Guardian

‘A 71-year-old man convicted of raping an orphaned boy in Albania has been jailed in the UK for befriending families and children without telling them of his past.’

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The Guardian, 4th July 2023

Source: www.theguardian.com