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Not sharing Covid risks would threaten viability of construction projects – OUT-LAW.com

Posted September 2nd, 2021 in construction industry, contracts, coronavirus, drafting, news by sally

‘The construction industry faces many challenges related to Covid-19, and if it doesn’t take a co-operative approach and share risks then it could make the situation even worse.’

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OUT-LAW.com, 1st September 2021

Source: www.pinsentmasons.com

UK employers can expect wave of new data and AI guidance – OUT-LAW.com

Posted September 1st, 2021 in artificial intelligence, data protection, employment, equality, news, privacy by sally

‘Fresh guidance on monitoring workers and on using artificial intelligence (AI) tools in recruitment is to be issued to employers in the UK under plans announced by two UK regulators.’

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OUT-LAW.com, 31st August 2021

Source: www.pinsentmasons.com

Court of Appeal: film partnerships were trading with a view to profit – OUT-LAW.com

‘Two film partnerships were carrying on a trade with a view to profit, meaning that loss relief was available to individual investors, the Court of Appeal has decided, restoring a decision of the First-tier Tribunal (FTT).’

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OUT-LAW.com, 26th August 2021

Source: www.pinsentmasons.com

Class actions in England and Wales – OUT-LAW.com

Posted August 27th, 2021 in class actions, news by tracey

‘There has been a growing impetus in recent years to enable individuals in the UK to come together to bring the same or similar claims against those they believe are responsible for wrongdoing.’

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OUT-LAW.com, 26th August 2021

Source: www.pinsentmasons.com

UK sentencing guidelines for modern slavery offences published – OUT-LAW.com

‘The publication of new sentencing guidelines for modern slavery offences should bring home to UK businesses the continued focus on modern slavery by law enforcement bodies, a legal expert has said.’

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OUT-LAW.com, 19th August 2021

Source: www.pinsentmasons.com

Judge to decide if Covid patient should be allowed to die – BBC News

‘A judge has been asked to decide if a woman left brain damaged and paralysed from the neck down after contracting Covid-19 should be allowed to die.’

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BBC News, 18th August 2021

Source: www.bbc.co.uk

UK appeal court clarifies ‘doctrine of merger’ – OUT-LAW.com

Posted August 13th, 2021 in abuse of process, appeals, damages, mergers, news, res judicata by tracey

‘A recent decision by the English Court of Appeal confirms the scope of the “doctrine of merger”, which is designed to prevent an abuse of court process by preventing parties from bringing multiple claims in respect of the same cause of action.’

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OUT-LAW.com, 12th August 2021

Source: www.pinsentmasons.com

Bill makes subtle changes to judicial review in England and Wales – OUT-LAW.com

Posted August 11th, 2021 in bills, consultations, government departments, judicial review, news by tracey

‘The UK government has introduced its Judicial Review and Courts Bill in Parliament. In doing so, it has stepped back from radical reforms restricting judicial review, and instead focused on a more subtle reform of remedies, expected to come into force in England and Wales in 2022.’

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OUT-LAW.com, 10th August 2021

Source: www.pinsentmasons.com

Supreme Court clarifies when tax follower notice can be issued – OUT-LAW.com

‘The UK Supreme Court has upheld the quashing of a “follower notice” that would have required a taxpayer to settle his tax dispute on the basis of a ruling in a different tax case, or to face a large penalty if his dispute was ultimately unsuccessful.’

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OUT-LAW.com, 6th August 2021

Source: www.pinsentmasons.com

Employer reasonable adjustment requirements highlighted in pay dispute – OUT-LAW.com

‘A recent ruling by the Employment Appeal Tribunal (EAT) provides useful guidance for employers about their obligations to make ‘reasonable adjustments’ to pay to account for employee disability, an employment law expert has said.’

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OUT-LAW.com, 6th August 2021

Source: www.pinsentmasons.com

Mandatory Covid-19 vaccinations in the health sector: the position across Europe – OUT-LAW.com

‘The UK government will require people working in care homes in England to have been vaccinated against Covid-19, subject to limited exemptions.’

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OUT-LAW.com, 28th July 2021

Source: www.pinsentmasons.com

BAILII: Recent Decisions

Posted July 16th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Mungur, R (On the Application Of) v Secretary of State for the Home Department [2021] EWCA Civ 1076 (15 July 2021)

Court of Appeal (Criminal Division)

Eslick, R. v [2021] EWCA Crim 1073 (15 July 2021)

High Court (Administrative Court)

Birmingham City Council, R (On the Application Of) v London Borough of Croydon [2021] EWHC 1990 (Admin) (15 July 2021)

Rayne, R (On the Application Of) v Leeds District Magistrates Court [2021] EWHC 1964 (Admin) (13 July 2021)

High Court (Chancery Division)

Pescatore v Valentino & Ors [2021] EWHC 1953 (Ch) (15 July 2021)

Tonstate Group Ltd & Ors v Wojakovski & Ors (Costs) [2021] EWHC 1995 (Ch) (15 July 2021)

High Court (Family Division)

D, Re (Care Proceedings: 1996 Hague Convention: Article 9 Request) [2021] EWHC 1970 (Fam) (15 July 2021)

High Court (Queen’s Bench Division)

Blackledge v Person(s) Unknown (the Website METOOUCU.BLOGSPOT.COM) [2021] EWHC 1994 (QB) (15 July 2021)

Source: www.bailii.org

Court of Appeal clarifies meaning of ‘vacant possession’ in break clauses – OUT-LAW.COM

Posted July 14th, 2021 in appeals, chambers articles, housing, interpretation, landlord & tenant, leases, news by tracey

‘A vacant possession obligation in a property lease break clause only required the tenant to return premises to the landlord free of people, chattels and legal interests, and was not concerned with the physical condition of the premises, the Court of Appeal has ruled.’

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OUT-LAW.COM, 13th July 2021

Source: www.pinsentmasons.com

Right to repair may lead to increased claims against manufacturers – OUT-LAW.com

‘New regulations which will extend the life of domestic electrical products by up to 10 years, could mean manufacturers face more claims for defective products or negligence, experts at Pinsent Masons, the law firm behind Out-Law have warned.’

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OUT-LAW.com, 14th July 2021

Source: www.pinsentmasons.com

UK court backs rights holder in ‘essential’ patent dispute – OUT-LAW.com

Posted July 13th, 2021 in estoppel, news, patents, telecommunications by tracey

‘The High Court in London has decided in favour of Optis Cellular Technology in a dispute over the validity of one of its telecommunications network patents and one that was said to be essential to the long-term evolution (LTE) network standard.’

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OUT-LAW.com, 12th July 2021

Source: www.pinsentmasons.com

Secondary Victims: Still Second-Class Claimants? – Ropewalk Clinical Negligence Blog

‘In King v Royal United Hospitals Bath NHS Foundation Trust [2021] EWHC 1576 (QB), the High Court once again demonstrated the difficulties faced by Claimants who suffer psychiatric conditions as a result of witnessing loved ones (in this case, a new-born baby) die in hospital.’

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Ropewalk Clinical Negligence Blog, 12th July 2021

Source: www.ropewalk.co.uk

Hannah Cobley: Mum who murdered newborn loses conviction appeal – BBC News

‘A woman who wrapped her newborn baby in plastic bags and left her to die on farmland has lost an appeal against her murder conviction.’

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BBC News, 29th June 2021

Source: www.bbc.co.uk

When volunteers and interns may acquire employment rights – OUT-LAW.com

Posted June 28th, 2021 in contract of employment, employment, equality, news, remuneration, volunteers by tracey

‘There is no legal definition of a “volunteer” or “intern” and no specific legislation covering employer-volunteer relationships. The extent of the rights that volunteers or interns may acquire is dependent on their legal status, meaning whether they are an “employee” or a “worker” or a genuine volunteer.’

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OUT-LAW.com, 25th June 2021

Source: www.pinsentmasons.com

Revise sickness policies ahead of UK winter flu – OUT-LAW.com

Posted June 24th, 2021 in coronavirus, employment, flexible working, news, sick leave, vaccination by sally

‘UK employers should revise their sickness policies before an anticipated increase in seasonal flu cases this winter to ensure lessons learned from the Covid-19 pandemic are reflected, an employment law expert has said.’

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OUT-LAW.com, 23rd June 2021

Source: www.pinsentmasons.com

UK legislation proposed to tackle modern slavery – OUT-LAW.com

‘A private members’ bill seeking to address modern slavery, including establishing minimum standards of transparency in supply chains, has been introduced to the UK parliament.’

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OUT-LAW.com, 22nd June 2021

Source: www.pinsentmasons.com