‘Four bicycle couriers are taking their companies to a tribunal in a bid to get employed workers’ rights, including paid holidays and the minimum wage.’
BBC News, 22nd April 2016
Source: www.bbc.co.uk
‘A second legal challenge has been made over the government’s decision to impose a new contract on junior doctors in England.’
BBC News, 4th April 2016
Source: www.bbc.co.uk
‘April 2016 is a month of big changes for people living and working in the UK. A number of new laws and policies are coming into force, affecting just about everyone from public sector workers to dog owners. Here’s what the new laws could mean for you.’
The Independent, 3rd April 2016
Source: www.independent.co.uk
‘The only branch of governance in which the public still has some faith is the judiciary – and it is facing a serious recruitment crisis.’
The Guardian, 4th April 2016
Source: www.guardian.co.uk
Revenue and Customs Commissioners v Apollo Fuels Ltd and others; [2016] EWCA Civ 157
‘The employers leased cars to their employees to enable them to carry out their duties. The cars were leased on arm’s length commercial terms, including lease charges at full market value. The revenue concluded that the provision of the cars was a taxable benefit, for the purposes of the Income Tax (Earnings and Pensions) Act 2003, and served notices of assessment for that tax on the employees. The First-tier Tribunal allowed the employees’ appeal, holding that the provision of the cars was a “benefit” which fell within section 114 of the 2003 Act with the result that Chapter 6 of Part 3 of the 2003 Act applied. That decision was affirmed by the Upper Tribunal.’
WLR Daily, 17th March 2016
Source: www.iclr.co.uk
‘Judges feel unappreciated, demoralised and resent cuts to their pay, according to a recently retired member of the court of appeal.’
The Guardian, 14th March 2016
Source: www.guardian.co.uk
‘A government TV ad that said that “great” teachers can make up to £65,000 per year has been cleared, despite 140 complaints that it misrepresented potential salaries.’
The Guardian, 9th March 2016
Source: www.guardian.co.uk
‘Junior doctors have a launched a legal challenge to Jeremy Hunt’s decision to impose a new contract, and announced that three fresh strikes will hit the NHS in the spring.’
The Independent, 23rd February 2016
Source: www.independent.co.uk
‘Google the decision in Henia Investments Inc v Beck Interiors Ltd and you will find a raft of articles championing the decision as adding yet further weight to the argument that payment applications submitted by the “payee” must be clear and unambiguous.’
Hardwicke Chambers, 3rd February 2016
Source: www.hardwicke.co.uk
‘The TCC determined that an ambiguous set of accounts sent by email were not a valid application for interim payment, with the result that the corresponding payless notice had been issued in time. The case serves as a reminder to contractors that the substantial benefits of the HGCRA payment provisions come with the clear obligation to make the nature and content of any application for interim payment obvious to an employer, or else the courts will likely find such an application to be invalid.’
Hardwicke Chambers, 3rd February 2016
Source: www.hardwicke.co.uk
‘The TCC had to determine whether an interim payment application made 6 days before the specified contractual date was rendered invalid for being too early. The key issue was whether it was possible that consistent failures to adhere to the contractual payment provisions would create an estoppel which would prevent an out of time payment application from being found invalid. Although Edwards-Stuart J found that it was arguable there was an estoppel for applications made a few days after the contractual date, there was no such estoppel for applications made early and so the application was found to be invalid.’
Hardwicke Chambers, 3rd February 2016
Source: www.hardwicke.co.uk
‘The TCC had to determine whether an interim application for payment made by a contractor was valid where it was ambiguous which payment date the application had been made for. Akenhead J determined that this ambiguity would be construed against the contractor and in favour of the employer, with the result that the contractor could not reap the benefit of his own valuations becoming the sum due without having made absolutely clear to the employer the nature and purpose of each application.’
Hardwicke Chambers, 3rd February 2016
Source: www.hardwicke.co.uk
‘On 12 February 2016, the Government published the draft Equality Act 2010 (Gender Pay Gap Information) Regulations 2016, which will affect some 8,000 businesses. This means that it finally implemented s.78 of the Equality Act 2010 (“EqA”), the section enabling the Secretary of State to make Regulations concerning equal pay audits. (The gender reporting implemented by these Regulations is not be confused with the compulsory audits ordered by ETs under s. 139A of the EqA). Section 78 was shunted sideways in 2010, then revived following pressure from the Lib Dems in the Coalition and Mind the Pay Gap, the campaign launched by Grazia magazine. And you thought Grazia was all about clothes and celebrities…’
Cloisters, 15th February 2016
Source: www.cloisters.com
‘The families of UK citizens denied the right to live in Britain because of the minimum income visa requirement for non-EU partners are to challenge the rules in the supreme court on Monday.’
The Guardian, 22nd Febraury 2016
Source: www.guardian.co.uk
‘Sports Direct has “abused” the legal system, according to a high court judge presiding over the embattled retailer’s bitter legal battle with Rangers football club.’
The Guardian, 19th January 2016
Source: www.guardian.co.uk
Naeem v Secretary of State for Justice [2015] EWCA Civ 1264; [2015] WLR (D) 517
‘In a claim under section 19 of the Equality Act 2010 for indirect discrimination, based on a system of pay relating to length of service, once the claimant had shown that use of the particular provision, criterion or practice, namely the length of service criterion, had lead to a disparity in pay, it was permissible to consider the reason for the disparity complained of in the sense of the factors which had caused it to occur.’
WLR Daily, 9th December 2015
Source: www.iclr.co.uk
‘We are now bombarded with case reports by email and over the Internet. The reporting of 1st instance quantum decisions used to be a comparative rarity before 1992 and the PIQR. Even then there was a time lag in publication and many decisions were never covered. On one level, we are immensely fortunate now to be able to discern how the best counsel and 1st instance judges set about their respective tasks in serious personal injuries litigation; but with that opportunity comes the obligation on the serious practitioner to take the time really to get to grips with the lengthy judgments. It is not easy. This paper, evolving since the autumn of 2007, is an exercise in the on-going fulfilment of that obligation.’
Byrom Chambers, 7th December 2015
Source: www.byromstreet.com
‘Speech by HHJ Edmund QC at the Criminal Bar Association Ann Goddard Memorial Lecture on 3 November 2015 entitled ”All Change: What you need to know about Better Case Management and the Plea and Trial Preparation Hearing”.
Courts and Tribunals Judiciary, 17th November 2015
Source: www.judiciary.gov.uk
Samuels v Birmingham City Council: [2015] EWCA Civ 1051; [2015] WLR (D) 435
‘For the purposes of a person’s application for housing assistance as a homeless person, where a local authority was determining whether that person’s previous accommodation was affordable for that person and therefore whether it would be, or would have been, reasonable for that person to continue to occupy that accommodation, the local authority was to take into account all forms of the person’s income, including social security benefits of all kinds, and of relevant expenses, so that a judgment was to be made on the basis of income and relevant expenses as a whole. Benefits income, including income support, child tax credits and child benefit, was not to have any special status or treatment in that exercise or to be excluded from income which could be taken into account as income which could assist with housing costs.’
WLR Daily, 27th October 2015
Source: www.iclr.co.uk
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