Postmasters were prosecuted using unreliable evidence – BBC News
‘The Post Office prosecuted postmasters over missing money despite having evidence its own computer system could be to blame.’
BBC News, 8th June 2020
Source: www.bbc.co.uk
Category: compensation
Compensation Fund cuts would be “devastating” – Legal Futures
‘Cutting the maximum size of Compensation Fund awards from £2m to £500,000 could have a “devastating” impact on “unlucky claimants”, the Law Society has warned.’
Legal Futures, 4th June 2020
Source: www.legalfutures.co.uk
Righting wrongs: interview with Martin Forde QC – Counsel
‘One year on from the launch of the Windrush compensation scheme, the silk who oversaw its design talks to Natasha Shotunde about the scandal, British attitudes to migration and citizenship, and misconceptions holding applicants back from rightful compensation.’
Counsel, June 2020
Source: www.counselmagazine.co.uk
Windrush scandal: only 60 victims given compensation so far – The Guardian
‘Only 60 people have received Windrush compensation payments during the first year of the scheme’s operation, with just £360,000 distributed from a fund officials expected might be required to pay out between £200m and £500m.’
The Guardian, 28th May 2020
Source: www.theguardian.com
Shut-down firm ordered to pay former staff £375,000 – Legal Futures
‘A law firm shut down by its regulator last year has been ordered to pay former staff £375,000 for multiple employment law breaches.’
Legal Futures, 22nd May 2020
Source: www.legalfutures.co.uk
Benefit claimants unlawfully short-changed, court rules – The Guardian
‘The government acted unlawfully when it refused to compensate two low-income households left up to £180 a month out of pocket when their legacy benefits were wrongly stopped and they had no choice but to move on to universal credit, the appeal court has ruled.’
The Guardian, 12th May 2020
Source: www.theguardian.com
Chagos islanders’ exile is ongoing breach of human rights, court told – The Guardian
‘Denying exiled Chagos islanders the right to return to their homes on the Indian Ocean archipelago is a continuing breach of their human rights and not just a historical injustice, the court of appeal has been told.’
The Guardian, 12th May 2020
Source: www.theguardian.com
Down’s Syndrome student wins compensation after school sent letter to parents detailing violent behaviour – Daily Telegraph
‘The family of a child with Down’s Syndrome has been awarded compensation after a primary school sent a letter to parents detailing her violent behaviour and disability.’
Daily Telegraph, 4th May 2020
Source: www.telegraph.co.uk
Windrush backlog reaches 3,720 cases, Home Office reveals – The Guardian
‘Lawyers and campaigners have expressed concern about a large backlog of unresolved Windrush cases, revealed in fresh Home Office figures, two years after Amber Rudd resigned as home secretary amid the emerging scandal.’
The Guardian, 30th April 2020
Source: www.theguardian.com
Leading forensic scientist wins sex discrimination case – Daily Telegraph
‘One of Britain’s leading forensic scientists was a victim of sexual discrimination after she was asked by her boss whether she disliked him because she was gay, an employment tribunal has ruled.’
Daily Telegraph, 23rd April 2020
Source: www.telegraph.co.uk
A Frolic of His Own – Ropewalk Chambers
‘Exegesis and eisegesis. Exegesis is interpreting a text’s meaning in accordance with the author’s context and discoverable meaning. Eisegesis is when a reader imposes their own subjective interpretation on a text. Both have more than a passing similarity to the common law doctrine of precedent and the techniques of statutory interpretation.’
Ropewalk Chambers, 17th April 2020
Source: www.ropewalk.co.uk
Covid 19 Employment Law Series: Covid-19 and Loss of Earnings – Parklane Plowden
‘It is to be expected that the current pandemic will result in employers seeking to rely on economic hard times with a view to curtailing employees’ claims for loss of earnings and financial benefits. This will typically be through reliance on the contention that the employees would have been dismissed in any event and any compensation for loss of remuneration should therefore, be extinguished or reduced. In some cases, there will be genuine grounds for such a stance, whilst opportunism could be the driver in others. Thus far, there is no indication that significant job losses are predicted in central and local government and in public services sector. What is said hereafter is applicable principally to employment outside the public sector. This article deals both with ordinary unfair dismissal claim and claims in Great Britain based on protected status where there is no cap on compensation.’
Parklane Plowden, 7th April 2020
Source: www.parklaneplowden.co.uk
Rowing back on vicarious liability – Law Society’s Gazette
‘Two judgments from the Supreme Court have set restrictions on the scope of vicarious liability. In Barclays Bank v Various Claimants [2020] UKSC 13 the test was whether the tortfeasor was in fact the ‘employee’ of the employer. The claimants alleged that they had suffered sexual abuse by a GP hired by the bank to carry out medical assessments of employees.’
Law Society's Gazette, 20th April 2020
Source: www.lawgazette.co.uk
Case Comment: Barclays Bank Plc v Various Claimants [2020] UKSC 13 – UKSC Blog
‘Alaina Wadsworth, Chris Horsefield and Ben Brown, who all work within the Insurance & Reinsurance Group at CMS, comment on the decision handed down by the UK Supreme Court earlier this month, in the matter of Barclays Bank Plc v Various Claimants [2020] UKSC 13.’
UKSC Blog, 20th April 2020
Source: ukscblog.com
Clinical Negligence: Birth Injury Claim – Park Square Barristers
‘Clinical negligence litigation continues apace as Simeon Maskrey QC, sitting as a Deputy High Court Judge, handed down Judgment last week in a clinical negligence birth injury case (severe neuro-disability consequent upon an acute near total hypoxic-ischaemic insult) following a two-week trial which concluded early last month. This case highlights the ever-increasing importance placed on a patient’s right to autonomy in the decision-making process and the need to ensure that any information provided, including as to the risks to themselves and their baby, is properly understood and appreciated (Montgomery v Lanarkshire Health Board [2015] UKSC 1 considered).’
Park Square Barristers, 16th April 2020
Source: www.parksquarebarristers.co.uk
Judges call for review of costs rules after QOCS judgment – Law Society’s Gazette
‘Judges in the Court of Appeal have urged rule-makers to look again at the nuances of qualified one-way costs shifting after a judgment over whether a defendant could set off their costs liability against the claimant.’
Law Society's Gazette, 16th April 2020
Source: www.lawgazette.co.uk
Package Travel and Educational Institutions – 39 Essex Chambers
‘Is a field trip provided by a university to undergraduates as part of a degree course a package tour? The court considered the question in McCulloch v University of Leicester (HHJ Hedley, 27 February 2020).’
39 Essex Chambers, 8th April 2020
Source: www.39essex.com
Vicarious liability (and data protection): two cases – Six Pump Court
‘Morrisons, heard recently in the Supreme Court, concerns vicarious liability for a rogue data controller. Together with another Supreme Court case, Barclays Bank, these two cases cover all the key issues.’
Six Pump Court, 8th April 2020
Source: www.6pumpcourt.co.uk
Disabled man stuck in bedroom on eighth-floor flat for 20 months loses judicial review challenge – Local Government Lawyer
‘A man in his early sixties with a complex medical history and disabilities who spent almost 20 months without being able to leave his bedroom in an eighth-floor council flat has failed in a judicial review claim against a council for compensation and declaratory relief.’
Local Government Lawyer, 8th April 2020
Source: www.localgovernmentlawyer.co.uk
Proposed amendments to the Human Rights Act to disadvantage UK war crimes victims – Oxford Human Rights Hub
‘On 18 March 2020, the UK Minister for Defence introduced into the UK Parliament his promised package of new legislation designed to ‘protect veterans’. Entitled the Overseas Operations (Service Personnel and Veterans) Bill, the proposed laws would amend the UK’s Human Rights Act 1998 (HRA) in ways that impact on its human rights obligations, including under the European Convention on Human Rights (ECHR).’
Oxford Human Rights Hub, 6th April 2020
Source: ohrh.law.ox.ac.uk
