Sam Townend KC, Chair of the Bar Inaugural address – The Bar Council
‘Read Sam Townend KC’s inugural address delivered on Tuesday 9 January at Lincoln’s Inn.’
The Bar Council, 10th January 2024
Source: www.barcouncil.org.uk
Month: January 2024
An end to ‘a reasonable period’? Awaab’s Law – Nearly Legal
‘As you will doubtless recall, the Social Housing (Regulation) Act 2023 introduced a new section 10A Landlord and Tenant Act 1985, implying a term into all social tenancies that the landlord will comply with all “prescribed requirements” on responding to relevant defects to be specified in regulations – the framework for “Awaab’s Law”. A breach of section 10A would be actionable by the tenant in the County Court – quite possibly together with section 9A/10 and section 11.’
Nearly Legal, 9th January 2024
Source: nearlylegal.co.uk
Government consults on legal requirements for social landlords to address hazards including damp and mould quickly – and in some cases within 24 hours – Local Government Lawyer
‘The Secretary of State for Levelling Up, Housing and Communities, Michael Gove, has launched a consultation on the introduction of strict time limits for social housing providers requiring them to take swift action in addressing dangerous hazards such as damp and mould.’
Local Government Lawyer, 9th January 2024
Source: www.localgovernmentlawyer.co.uk
Domestic abuse victims to be given up to £2,500 to help them flee partners – The Independent
‘Domestic abuse victims will be given up to £2,500 to help them escape their situation under a new government scheme.’
The Independent, 9th January 2024
Source: www.independent.co.uk
Swindon driver jailed after carrying children in car chase – BBC News
‘A man who reached speeds of 70mph in a 30mph zone while being chased by police, despite having four children in his car, has been jailed.’
BBC News, 9th January 2024
Source: www.bbc.co.uk
Social worker wins discrimination case over gender critical beliefs – The Guardian
‘A social worker who was suspended after sharing gender critical beliefs online has won her claim against her employer for discrimination.’
The Guardian, 9th January 2024
Source: www.theguardian.com
A blow – possibly fatal – to the IWGB’s quest for union recognition with Deliveroo – Cloisters
‘On 21 November 2023, the Supreme Court handed down its long-awaited judgment in the Deliveroo case, dismissing the appeal of the IWGB trade union. The Court confirmed that the union is not entitled to apply for statutory recognition under the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”) because its members, Deliveroo’s delivery riders (“the Riders”), are not workers within the autonomous concept under article 11 of the European Convention on Human Rights (“ECHR”).’
Cloisters, 27th November 2024
Source: www.cloisters.com
Court of Appeal examines procedural unfairness in EEA family permit case and holds FTT acted unfairly on remittances – EIN Blog
‘The Court of Appeal has held that the FTT had acted unfairly during the hearing of an appeal against the SSHD’s refusal of Dahir Elmi Abdi, Ubah Elmi Abdi and Mahrez Sharif Hassan’s applications for EEA family permits by failing to give them and their brother Ashkir Elmi Abdi, an EEA national on whom they claimed to be financially dependent, an opportunity to address the point on which it dismissed their appeal, i.e. the remittances demonstrating dependence did not come from him, based on a calculation showing that his declared income in the UK could not have supported the amounts he claimed to have sent, and therefore they were not financially dependent on him.’
EIN Blog, 10th January 2024
Source: www.ein.org.uk
SRA: No plans to act yet on Post Office scandal lawyers – Legal Futures
‘The Solicitors Regulation Authority (SRA) could take action against solicitors over misconduct in the Post Office scandal before the public inquiry ends but has yet to see evidence that requires it.’
Legal Futures, 10th January 2024
Source: www.legalfutures.co.uk
Gas drilling at site in Jeremy Hunt’s Surrey constituency given green light – The Guardian
‘Gas drilling at a site in the Surrey Hills can go ahead after the court of appeal ruled that no further attempts to stop the project could be brought to court.’
The Guardian, 9th January 2023
Source: www.theguardian.com
Eaglescliffe woman found not guilty of ‘home abortion’ – BBC News
‘A woman charged with carrying out an illegal abortion on herself has been found not guilty on the eve of her trial after the prosecution dropped the case due to “evidential difficulties”.’
BBC News, 9th January 2024
Source: www.bbc.co.uk
The Online Safety Bill: A clean bill of health? – 2 Hare Court
‘The Online Safety Bill received Royal Assent on 26 October 2023, becoming the Online Safety Act (“the Act”). Its aim is to deliver on the government’s commitment to “make the UK the safest place to be online”, by imposing statutory duties on social media companies and search engines[1] (“service providers”) to ensure that they implement measures to protect individuals from illegal and harmful content online.’
2 Hare Court, 28th November 2023
Source: www.2harecourt.com
Major social landlord to pay nearly £11,000 to residents after failings in damp and leak repairs – Local Government Lawyer
‘The Housing Ombudsman has ordered Clarion Housing Association to pay £10,800 in compensation to tenant households after it made four findings of severe maladministration across three cases.’
Local Government Lawyer, 9th January 2024
Source: www.localgovernmentlawyer.co.uk
Post Office scandal could lead to rules change on private prosecutions – The Guardian
‘Rules to prevent companies taking private prosecutions in the way the Post Office went after innocent post office operators are being considered by the government.’
The Guardian, January 2024
Source: www.theguardian.com
BAILII: Recent Decisions
High Court (Chancery Division)
IAA Vehicle Services Ltd v HBC Ltd [2024] EWHC 1 (Ch) (05 January 2024)
Source: www.bailii.org
Employment law changes to expect in 2024 – Kingsley Napley Employment Law Blog
‘From the day-one right to request flexible working to the introduction of rolled-up holiday pay, Georgia Roberts runs through the employment law changes HR must prepare for in 2024.’
Kingsley Napley Employment Law Blog, 5th January 2024
Source: www.kingsleynapley.co.uk
Trade Marks – Industrial Cleaning Equipment (Southampton) Ltd. v Intelligent Cleaning Equipment Holdings Co. Ltd. and another – NIPC Law
‘This was an appeal by Intelligent Cleaning Equipment Holdings Co Ltd. (“Intelligent”) and Killis Ltd. (“Killis”) against the order of Her Honour Judge Melissa Clarke of 23 March 2023 granting Industrial Cleaning Equipment (Southampton) Ltd. (“Industrial”) relief against Intelligent and Killis from trade mark infringement and dismissing their counterclaim for the reasons set out in her judgment in Industrial Cleaning Equipment (Southampton) Ltd v Intelligent Cleaning Equipment Holdings Co Ltd [2023] EWHC 411 (IPEC) (27 Feb 2023).’
NIPC Law, 4th January 2024
Source: nipclaw.blogspot.com
Council told to deduct £11k from outstanding care home fees after delays in carrying out financial assessment – Local Government Lawyer
‘The Local Government and Social Care Ombudsman has found fault in the way that Essex County Council carried out a financial assessment and a deferred payment process for an elderly man with dementia.’
Local Government Lawyer, 8th January 2024
Source: www.localgovernmentlawyer.co.uk
Judge refuses to redact civil servants’ names in JR of Parole Board recommendation for long-serving prisoner – Law Society’s Gazette
‘A High Court judge has said there was no “legitimate reason” to anonymise civil servants in a judgment concerning the parole of a rapist who has spent 41 years in prison. Declining a request to redact the names of junior civil servants, the Honourable Justice Fordham said nobody would be imperilled by his decision.’
Law Society's Gazette, 8th January 2024
Source: www.lawgazette.co.uk
