chambers articles – Page 83 – Current Awareness

Whistle-blowers Beware: Just because there is a PD doesn’t necessarily mean that the employer can’t respond (and damage your reputation) in order to ‘set the record straight’ – 3PB

Posted March 25th, 2020 in appeals, causation, chambers articles, disclosure, doctors, employment, employment tribunals, hospitals, news, whistleblowers by sally

‘Edwin Jesudason (‘C’), was a paediatric surgeon who was an honorary consultant working in the Department of Paediatric Surgery (‘DPS’) in the respondent NHS trust from 2006 until he resigned in 2012. Between 2009 and 2014 he made a series of allegations to the Trust, regulatory bodies and the media where he alleged fundamental failings in the operation of the DPS including serious allegations of professional incompetence, use of improper medical practices, attempts to cover up wrongdoing and in some cases he named and criticised specific individuals.’

3PB, 2nd March 2020

Source: www.3pb.co.uk

When will the insolvency court review, rescind or vary any order made by it? (Discovery (Northampton) Ltd and other companies v Debenhams Retail Ltd and others) – Radcliffe Chambers

Posted March 25th, 2020 in chambers articles, insolvency, jurisdiction, news by sally

‘This article analyses the latest decision in the challenge to the company voluntary arrangement (CVA) entered into by Debenhams Retail Ltd (Debenhams) in 2019. Southampton Estates Ltd (Southampton) sought, pursuant to rule 12.59 of the Insolvency Rules 2016 (IR 2016), SI 2016/1024, that Sir Alastair Norris, sitting as a High Court judge, review and vary his earlier decision that the Debenhams CVA was valid and enforceable. Written by Kate Rogers, barrister, at Radcliffe Chambers.’

Radcliffe Chambers, 2nd March 2020

Source: radcliffechambers.com

MS (Pakistan) v Secretary of State for the Home Department – Blackstone Chambers

Posted March 24th, 2020 in appeals, chambers articles, government departments, human rights, immigration, news, Supreme Court, trafficking in human beings, victims by sally

‘The Supreme Court has today [18 March] handed down an important judgment in the area of human trafficking and modern slavery.’

Blackstone Chambers, 18th March 2020

Source: www.blackstonechambers.com

Whistle-blowers Beware: Just because there is a PD doesn’t necessarily mean that the employer can’t respond (and damage your reputation) in order to ‘set the record straight’ – 3PB

Posted March 24th, 2020 in appeals, chambers articles, disclosure, doctors, employment, employment tribunals, hospitals, news, whistleblowers by sally

‘Edwin Jesudason (‘C’), was a paediatric surgeon who was an honorary consultant working in the Department of Paediatric Surgery (‘DPS’) in the respondent NHS trust from 2006 until he resigned in 2012. Between 2009 and 2014 he made a series of allegations to the Trust, regulatory bodies and the media where he alleged fundamental failings in the operation of the DPS including serious allegations of professional incompetence, use of improper medical practices, attempts to cover up wrongdoing and in some cases he named and criticised specific individuals.’

3PB, 2nd March 2020

Source: www.3pb.co.uk

Third party costs order for medical expert deemed ‘not generally competent as an expert’: Thimmaya v Lancashire NHS Foundation Trust – Parklane Plowden

Posted March 24th, 2020 in chambers articles, costs, expert witnesses, news, third parties by sally

‘Sitting at Manchester County Court, HHJ Evans took the path less trodden and ordered a consultant spinal surgeon, acting as the Claimant’s expert witness in clinical negligence proceedings, to pay £88,800 to cover the costs wasted as a result of his input.’

Parklane Plowden, 4th March 2020

Source: www.parklaneplowden.co.uk

Counterfactual defences to unjust enrichment restricted in Woolwich restitution claims (Vodafone Ltd & Ors v The Office of Communications) – New Square Chambers

Posted March 24th, 2020 in appeals, chambers articles, news, restitution by sally

‘The Court of Appeal considered the application of counterfactual arguments to unjust enrichment claims based upon the principle in Woolwich Equitable Building Society v Inland Revenue Commissioners [1993] AC 70. The decision affirms the primacy of the principle of lawful authority and limits the scope for public authorities to rely upon hypothetical decision making to curtail restitution. Written by James Saunders, barrister at New Square Chambers.’

New Square Chambers, 21st February 2020

Source: www.newsquarechambers.co.uk

False imprisonment: common ground? – No. 5 Chambers

Posted March 24th, 2020 in appeals, chambers articles, compensation, detention, false imprisonment, news, Supreme Court by sally

‘On 12 February 2020 Lady Hale delivered the unanimous judgment of the Supreme Court in R (Jalloh) v Secretary of State for the Home Department [2010] UKSC 4.’

No. 5 Chambers, 16th March 2020

Source: www.no5.com

McNeil v HMRC- Old Square Chambers

Posted March 24th, 2020 in appeals, chambers articles, employment, employment tribunals, news, sex discrimination, women by sally

‘This case concerned an equal pay claim brought by several women employed by HMRC. The pay system implemented by HMRC in respect of the claimants was one which employees moved through the pay band for their grade, from a fixed minimum up to a fixed maximum, by different amounts each year, without any fixed increments but with the amount of any increase depending on the pay award for the particular year. As a result of the way this system operated, one factor relevant to where an employee was within the band, was length of service: the longer an employee had been employed in the band, the more opportunities s/he would have had to move up towards the maximum.’

Old Square Chambers, 12th March 2020

Source: www.oldsquare.co.uk

Inducing Breach of Contract: – Reliance on Legal Advice Saves the Day in Court of Appeal – Littleton Chambers

Posted March 24th, 2020 in appeals, chambers articles, contracts, covenants, enforcement, legal services, news by sally

‘In an important decision yesterday (27 February), Allen v Dodd & Co Limited [2020] EWCA Civ 258, the Court of Appeal held that if a person believes their conduct will probably not result in a breach of a contract they will not be liable for inducing a breach even if: (a) they knew there was a risk of breach; and (b) the court subsequently finds such a breach.’

Littleton Chambers, 28th February 2020

Source: www.littletonchambers.com

Landmark Supreme Court judgment on state obligations under Article 4 ECHR to identify & protect victims of trafficking – Garden Court Chambers

Posted March 24th, 2020 in appeals, chambers articles, human rights, immigration, news, Supreme Court, trafficking in human beings, victims by sally

‘The Supreme Court has issued a landmark judgment regarding the scope of positive obligations of the state under Article 4 ECHR, to identify victims of trafficking and afford them protection, including immigration status, for their safety and recovery.’

Garden Court Chambers, 18th March 2020

Source: www.gardencourtchambers.co.uk

Upper Tribunal rules that a British child living with her mother in the UK will not be entitled to Disability Living Allowance if her father is living and working in another EU State – Garden Court Chambers

Posted March 24th, 2020 in benefits, chambers articles, children, disabled persons, EC law, families, news, tribunals by sally

‘In AH v Secretary of State for Work and Pensions [2020] UKUT 53 (AAC), the claimant and her parents are British citizens. The parents separated in 2011 but are not divorced. The father moved to live and work in Belgium. In October 2013, the Claimant (the daughter) claimed Disability Living Allowance (DLA) when she was four years old. The care component was awarded at the middle rate, but the award was later removed when the Department for Work and Pensions (DWP) became aware that the claimant’s father was living and working in Belgium.’

Garden Court Chambers, March 2020

Source: www.gardencourtchambers.co.uk

Can a one-off decision amount to a PCP? Generally not, unless it can be shown that the decision, act or omission relied upon would be the same in a similar situation, says the Court of Appeal in Ishola v Transport for London [2020] EWCA Civ 112 – 3PB

Posted March 24th, 2020 in appeals, chambers articles, employment, employment tribunals, equality, news, unfair dismissal by sally

‘Mr Ishola was employed by the respondent (TfL) as a customer services administrator. He was at all material times a disabled person suffering with depression and migraines. He raised a grievance about the conduct of a colleague in April 2015 which was not upheld, shortly after which he went on long-term sick leave. The sickness absence was managed by the respondent through a process of referrals to occupational health doctors and management review meetings. Ms Bhaimia was appointed as the “People Management Adviser” (or PMA) responsible for dealing with the claimant. The task of managing his absence on sick leave was given to Mr Walters.’

3PB, 2nd March 2020

Source: www.3pb.co.uk

Inquest concludes into death of IPP prisoner Charlotte Nokes seven years over original tariff – Garden Court Chambers

Posted March 24th, 2020 in chambers articles, death in custody, inquests, news, sentencing, standards by sally

‘The inquest into the death of Charlotte Nokes has concluded with the jury finding her death was by ‘natural causes’. Charlotte was 38 when she was found dead in her cell in HMP Peterborough on the morning of 23 July 2016. She was serving an indefinite Imprisonment for Public Protection (IPP) sentence and was over seven years over the minimum tariff when she died.’

Garden Court Chambers, 4th March 2020

Source: www.gardencourtchambers.co.uk

Coronavirus, sport & the law of frustration and force majeure – Sports Law Bulletin from Blackstone Chambers

Posted March 23rd, 2020 in chambers articles, contracts, coronavirus, news, sport by sally

‘The decision of the English Premier League, Football League and the Scottish FA to suspend football matches as a result of corona virus is the latest in a series of unprecedented responses to the global pandemic. Nick De Marco QC discusses the legal issues in sport arising from the worldwide health crisis.’

Sports Law Bulletin from Blackstone Chambers, 13th March 2020

Source: www.sportslawbulletin.org

Occupier’s Liability – Who Do You Owe a Duty of Care To? – Becket Chambers

Posted March 23rd, 2020 in chambers articles, duty of care, news by sally

‘The 1957 Act was enacted to regulate the duty of care which an occupier of premises owes to its visitors. The occupier owes the same duty of care to all its visitors, except in so far as the duty may be extended, restricted, modified or excluded in some circumstances.’

Becket Chambers, 4th March 2020

Source: becket-chambers.co.uk

Coronavirus and Information Law – Panopticon

Posted March 23rd, 2020 in bills, chambers articles, coronavirus, data protection, news by sally

‘Here are some initial responses to the Coronavirus pandemic from an information law perspective.’

Panopticon, 20th March 2020

Source: panopticonblog.com

Issuing an EHC Plan—the meaning of ‘necessary’ (Nottinghamshire County Council v SF and another) – 3PB

Posted March 23rd, 2020 in appeals, chambers articles, disabled persons, education, interpretation, learning difficulties, local government, news, school children by sally

‘The Court of Appeal held that the First-Tier Tribunal (FTT) had correctly construed the meaning of ‘necessary’ in section 37(1) of the Children and Families Act 2014 (CFA 2014) in finding that it was necessary for special educational provision to be made for HD in accordance with an EHC Plan. This was despite his school having identified his needs, made provision to meet those needs and HD making progress at school. The court considered and affirmed the approach to making a determination under CFA 2014, s 37, determining what is ‘necessary’ requires an evaluative judgment based on the facts of each case.’

3PB, 9th March 2020

Source: www.3pb.co.uk

Immigration Status of a Parent in an Application for a Child Arrangements Order by Lucy Coen – Broadway House Chambers

Posted March 23rd, 2020 in chambers articles, child arrangements orders, children, contact orders, families, human rights, immigration, news by sally

‘There can often be an interplay between family and immigration proceedings. This article seeks to give some guidance to family practitioners when the immigration status of a parent in contact proceedings is a live issue.’

Broadway House Chambers, 19th March 2020

Source: broadwayhouse.co.uk

COVID-19 and school places for critical sector workers: one parent or two? – Education Blog

Posted March 23rd, 2020 in chambers articles, children, coronavirus, health, news, parental rights, school children by sally

‘The new Cabinet Office and DfE Guidance for schools, colleges and local authorities on maintaining educational provision states that school places should be provided where needed for children of critical sector workers. One issue which has arisen immediately is whether this means school places should be open where one parent is a critical sector worker, or only where both parents are such workers. I have heard reports of schools seeking to limit their intake to only those children for whom both parents are critical sector workers. In one case, this puts at jeopardy the running of a large special school which itself is essential to the delivery of a large part of this new policy, namely the continued education of children with EHC plans.’

Education Blog, 20th March 2020

Source: education11kbw.com

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