Month: November 2024

Political views vs philosophical beliefs: Fairbanks – Law & Religion UK

Posted November 25th, 2024 in belief discrimination, bullying, employment, equality, harassment, news, political parties by tracey

‘In Mrs C Fairbanks v Change Grow Live [2024] UKET 2409700/2023, Mrs Fairbanks had been employed by Change Grow Live (CGL), a charity, as a recovery worker based in Fleetwood from October 2022 until she was dismissed in July 2023. She had been a local councillor for the UK Independence Party between about 2017 and 2019, and at the job interview, she had told the charity that she had been a councillor but had not told them which party she had represented.’

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Law & Religion UK, 25th November 2024

Source: lawandreligionuk.com

Lateness – excusable and otherwise – Nearly Legal

Posted November 25th, 2024 in appeals, housing, landlord & tenant, local government, news, paralegals, solicitors, time limits by tracey

‘Idara v Southwark LBC (2024) EWHC (KB) (unreported as yet). This was an appeal to the High Court of the County Court’s refusal to give permission for an out of time section 204 appeal. Southwark had found on review that a property offered to Ms Idara was suitable and so her refusal of the property discharged Southwark’s housing duty.’

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Nearly Legal, 24th November 2024

Source: nearlylegal.co.uk

New legal privilege guidance for in-house lawyers in England – OUT-LAW.com

Posted November 25th, 2024 in disclosure, employment, legal profession, news, privilege, solicitors, Solicitors Regulation Authority by tracey

‘Legal advice given by in-house lawyers will, under English law, attract privilege in the same way as legal advice given by any other lawyers, but there are certain issues in-house lawyers should pay particular attention to when considering legal professional privilege, according to new guidance by the Solicitors Regulation Authority (SRA).’

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OUT-LAW.com, 22nd November 2024

Source: www.pinsentmasons.com

When AI meets planning – Local Government Lawyer

Posted November 25th, 2024 in artificial intelligence, local government, news, planning by tracey

‘Roy Pinnock and Maria Polycarpou look at the need to strike a balance between efficiency and clarity when it comes to the use of AI in the field of planning.’

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Local Government Lawyer, 22nd November 2024

Source: www.localgovernmentlawyer.co.uk

World Heritage Sites – the Stonehenge judgment – Local Government Lawyer

Posted November 25th, 2024 in appeals, local government, monuments, news, planning, roads by tracey

‘Simon Barnes highlights the key aspects which are relevant to local government from the recent Court of Appeal judgment dismissing a challenge to a development consent order affecting Stonehenge.’

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Local Government Lawyer, 22nd November 2024

Source: www.localgovernmentlawyer.co.uk

Retired judge to front collective action against Google – Legal Futures

Posted November 25th, 2024 in advertising, appeals, barristers, class actions, compensation, competition, consumer protection, internet, judges, news by tracey

‘A retired deputy High Court judge is set to front a collective action worth billions of pounds alleging that Google has abused its dominant position in online search advertising.’

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Legal Futures, 25th November 2024

Source: www.legalfutures.co.uk

Law firm’s poor work did not undermine rapist’s conviction – Legal Futures

Posted November 25th, 2024 in appeals, barristers, child abuse, law firms, news, ombudsmen, prosecutions, rape, sexual offences, solicitors, trials by tracey

‘The Court of Appeal has upheld the safety of a man’s conviction for rape despite the Legal Ombudsman criticising his solicitors’ poor conduct of the case.’

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Legal Futures, 25th November 2024

Source: www.legalfutures.co.uk

Judge blasts City firm’s “disgraceful” and “improper” conduct – Legal Futures

Posted November 25th, 2024 in costs, fees, fraud, insolvency, law firms, misrepresentation, negligence, news, solicitors, winding up by tracey

‘A judge has condemned the London arm of a US law firm for sending a “disgraceful” letter to a competitor of one of its clients.’

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Legal Futures, 25th November 2024

Source: www.legalfutures.co.uk

New powers to clamp down on anti-social behaviour – Home Office

Posted November 25th, 2024 in anti-social behaviour, criminal justice, government departments, news, police by tracey

‘New Respect Orders will see repeat perpetrators of anti-social behaviour subject to tough restrictions on their behaviour.’

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Home Office, 22nd November 2024

Source: www.gov.uk

The case for FDAC: a speech by Lord Justice Peter Jackson – Courts & Tribunals Judiciary

Posted November 25th, 2024 in alcohol abuse, alcoholism, children, drug abuse, families, judges, news, speeches by tracey

‘The following speech was given by Lord Peter Jackson to the Family Drug and Alcohol Court Judges Conference at Inner Temple in London on 22 December 2024.’

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Courts & Tribunals Judiciary, 22nd November 2024

Source: www.judiciary.uk

More ‘dither and delay’? Government issues timetable for leasehold reform – Law Society’s Gazette

Posted November 25th, 2024 in bills, delay, government departments, housing, Law Commission, leases, news by tracey

‘The government has finally delivered a timetable for reforming the “feudal” leasehold system in England and Wales, but some campaigners have again accused Labour of procrastination.’

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Law Society's Gazette, 22nd November 2024

Source: www.lawgazette.co.uk

Dangers of Applying PSOs Determined Using pre-McCloud CEVs on ‘McCloud compliant’ CEVs – Financial Remedies Journal

Posted November 25th, 2024 in divorce, families, family courts, financial dispute resolution, financial provision, news, pensions by tracey

‘Those working in the Pensions on Divorce arena (whether PODEs, solicitors or scheme administrators) will by now be all too familiar with the McCloud ruling, and how much additional work this has caused for cases involving public sector pension schemes.’

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Financial Remedies Journal, 21st November 2024

Source: financialremediesjournal.com

Nurse banned for putting hand down pyjama bottoms – BBC News

Posted November 25th, 2024 in abuse of position of trust, disciplinary procedures, news, nurses, professional conduct, sexual offences by tracey

‘A psychiatric nurse who put his hand down a patient’s pyjama bottoms and touched her private parts has been struck off by his professional standards body.’

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BBC News, 25th November 2024

Source: www.bbc.co.uk

Allison Pearson: Police drop investigation into social media post by journalist – The Independent

Posted November 25th, 2024 in freedom of expression, incitement, media, news, police, public order, racism by tracey

‘Essex Police have closed an investigation into columnist Allison Pearson for alleged incitement of racial hatred over a social media post. The force said it would be conducting an independent review will be launched into the force’s handling of the case which centred around a now-deleted X/Twitter post published last year.’

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The Independent, 21st November 2024

Source: www.independent.co.uk

Autistic man still locked up for murder under joint enterprise laws 10 years after friend stabbed stranger – The Independent

Posted November 25th, 2024 in appeals, autism, Criminal Cases Review Commission, criminal justice, disabled persons, families, imprisonment, joint enterprise, miscarriage of justice, murder, news, offensive weapons, sentencing, United Nations by tracey

‘Despite Alex Henry running from the scene and being diagnosed with autism, he remains behind bars.’

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The Independent, 23rd November 2024

Source: www.independent.co.uk

NHS bosses who silence whistleblowers face sack under government plans – The Guardian

Posted November 25th, 2024 in disciplinary procedures, disclosure, government departments, hospitals, news, professional conduct, statutory duty, whistleblowers by tracey

‘NHS managers who silence whistleblowers or endanger patients through misconduct face being sacked and barred from working in the health service for life under radical government plans to regulate thousands of bosses for the first time.’

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The Guardian, 24th November 2024

Source: www.theguardian.com

Britain’s New Tipping Act: A Promising Path for the Regulation of Service Work – by Einat Albin – UK Labour Law

Posted November 22nd, 2024 in codes of practice, employment, news, remuneration by sally

‘On October 1, 2024, the newly adopted Employment (Allocation of Tips) Act 2023 (hereinafter: the Tipping Act), came into force, accompanied by a Code of Practice on the fair and transparent distribution of tips (hereinafter: the Code), issued by the Department for Business & Trade (hereinafter: DBT). According to the DBT, the purpose of the Tipping Act is “to ensure the fair and transparent allocation of all tips, gratuities, and service charges.” Its desired outcome is “to improve fairness for workers by ensuring that the tips consumers leave in recognition of good service and hard work are going to the workers as intended.”’

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UK Labour Law, 21st November 2024

Source: uklabourlawblog.com

Cheshire West revisited: deprivation of liberty and children – UK Human Rights Blog

Posted November 22nd, 2024 in children, deprivation of liberty safeguards, disabled persons, families, family courts, human rights, learning difficulties, local government, news, Supreme Court by sally

‘Ten years on from Cheshire West [2014] UKSC 19 (covered on this blog at the time), the seminal decision on deprivation of liberty by the Supreme Court, the Family Court faces an ever-increasing number of applications for deprivation of liberty orders for children. Two recent decisions from Mrs Justice Lieven, Peterborough City Council v SM [2024] EWHC 493 (Fam) and Re J [2024] EWHC 1690 (Fam), could curb this trend. But while these decisions emanate from the Family Court, their reasoning may be of broader interest and could prompt wider questions about Article 5 ECHR and what constitutes a deprivation of liberty.’

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UK Human Rights Blog, 22nd November 2024

Source: ukhumanrightsblog.com

What Are The Major Policing Reforms? – Each Other

Posted November 22nd, 2024 in criminal justice, domestic violence, government departments, news, police, victims by sally

‘Home Secretary, Yvette Cooper, announced plans for major policing reforms yesterday at the National Police Chiefs’ Council and Association of Police and Crime Commissioners’ annual conference.’

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Each Other, 21st November 2024

Source: eachother.org.uk

A Beginner’s Guide to Extradition – Law Pod UK

Posted November 22nd, 2024 in appeals, extradition, news, podcasts, Supreme Court by sally

‘Benjamin Seifert of 1 Crown Office Row joins Lucy McCann to introduce our listeners to extradition law: the statutory framework that governs extradition, the procedure, the types of challenges raised when resisting extradition and recent developments in extradition law in the UK Supreme Court.’

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Law Pod UK, 22nd November 2024

Source: audioboom.com