New equality duty will not impact cab-rank rule, says BSB chief – Legal Futures

Posted September 27th, 2024 in barristers, consultations, diversity, equality, news by sally

‘The Bar Standards Board’s (BSB) controversial proposal for new equality rules will not affect the cab-rank rule and will not lead to quotas, its director general said yesterday.’

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Legal Futures, 27th September 2024

Source: www.legalfutures.co.uk

BAILII: Recent Decisions

Posted September 27th, 2024 in law reports by tracey

Court of Appeal (Civil Division)

Self v Santander Cards UK Ltd [2024] EWCA Civ 1106 (26 September 2024)

M (Children: Contact In Prison) [2024] EWCA Civ 1104 (24 September 2024)

High Court (Administrative Court)

Allen, R (On the Application Of) v Secretary of State for Justice [2024] EWHC 2370 (Admin) (26 September 2024)

Seven Capital (Highgate Hill) Ltd v Secretary of State for Housing, Communities and Local Government & Anor [2024] EWHC 2383 (Admin) (24 September 2024)

Khalisadar, R (On the Application Of) v Secretary of State for Justice [2024] EWHC 2408 (Admin) (24 September 2024)

Oxendale, R (On the Application Of) v Secretary of State for Justice [2024] EWHC 2407 (Admin) (24 September 2024)

High Court (Chancery Division)

Rogachev v Goryainov [2024] EWHC 2436 (Ch) (26 September 2024)

Pump Court Chambers Ltd v Brown (aka Goodfield) [2024] EWHC 2428 (Ch) (25 September 2024)

Breeze & Ors v TSB Bank PLC (Rev1) [2024] EWHC 2427 (Ch) (25 September 2024)

Asertis Ltd v Bloch [2024] EWHC 2393 (Ch) (24 September 2024)

High Court (Commercial Court)

Gorbachev v Guriev [2024] EWHC 2174 (Comm) (26 September 2024)

High Court (King’s Bench Division)

Ahmed & Ors v Akbar [2024] EWHC 2433 (KB) (25 September 2024)

Williams-Henry v Associated British Ports & Anor (Re Wasted Costs Order) [2024] EWHC 2415 (KB) (24 September 2024)

Source: www.bailli.org

“Shocking” lack of urgency to trace children missing from education, Children’s Commissioner warns – Local Government Lawyer

‘The Children’s Commissioner for England, Dame Rachel De Souza, has warned that more than 11,500 children in England went missing from education over the course of one year, having “fallen off the radar” of their local authorities.’

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Local Government Lawyer, 25th September 2024

Source: www.localgovernmentlawyer.co.uk

The Historical Roots of the Windrush Scandal: independent research report – Home Office

Posted September 26th, 2024 in citizenship, colonies, immigration, news, reports by sally

‘This report is in response to Wendy Williams’ ‘Windrush Lessons Learned Review’, which was published on 19 March 2020. In particular, it addresses Williams’ Recommendation 6, which states that the Home Office must ensure that ‘all its existing and new staff learn about the history of the UK and its relationship with the rest of the world, including Britain’s colonial history, the history of inward and outward migration and the history of black Britons’.’

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Home Office, 26th September 2024

Source: www.gov.uk

‘She didn’t want to believe he was an evil monster’ – BBC News

Posted September 26th, 2024 in domestic violence, married persons, murder, news by sally

‘Holly Bramley was murdered by her husband, Nicholas Metson, at their Lincoln home in March 2023. Holly’s family have been speaking to the BBC’s Jo Makel about the abusive relationship that ended with her death and how they are supporting a campaign against domestic violence in her honour.’

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BBC News, 26th September 2024

Source: www.bbc.co.uk

Former justice minister urges opposition to planned BSB equality duty – Legal Futures

Posted September 26th, 2024 in barristers, diversity, equality, news by sally

‘Former justice minister Lord Wolfson KC has joined the voices opposing the Bar Standards Board’s (BSB) plan to impose a new positive duty on barristers to act in a way that “advances” equality, diversity and inclusion (EDI).’

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Legal Futures, 26th September 2024

Source: www.legalfutures.co.uk

‘Her death was preventable’: Mother of murdered Libby Squire says report flashers to prevent worse crimes – The Independent

Posted September 26th, 2024 in bereavement, crime prevention, indecent exposure, murder, news, voyeurism by sally

‘The mother of murdered student Libby Squire is urging women and girls to report crimes including flashing and voyeurism, as she warned her daughter’s death was “totally preventable”.’

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The Independent, 25th September 2024

Source: www.independent.co.uk

Time to remedy the legal consequences of Jivraj v Hashwani? The personal scope of application of equal treatment legislation – by Nicola Countouris and Colm O’Cinneide – UK Labour Law

Posted September 26th, 2024 in brexit, contract of employment, contracts, EC law, equality, news by sally

‘This blogpost revisits the 2011 UK Supreme Court decision in Jivraj v Hashwani [2011] UKSC 40, which adopted a narrow reading of the personal scope of the Equality Act 2010 as it applies to the self-employed. It argues that this decision represented a wrong turn in the law, which should now be reversed by the courts or corrected by the legislature – especially in light of the January 2023 Court of Justice of the European Union (“CJEU”) decision in Case C-356/21, TP v JK, and the stated commitment of the newly elected Labour government to “ensuring those [equality] provisions that were previously derived from EU law remain enshrined in UK law”.’

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UK Labour Law, 25th September 2024

Source: uklabourlawblog.com

Fashion brands face further greenwashing scrutiny – Kingsley Napley Criminal Law Blog

Posted September 26th, 2024 in advertising, competition, consumer protection, environmental protection, news by sally

‘Greenwashing continues to be a significant focus for the UK’s competition regulator as its scrutiny of the fashion sector continues.’

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Kingsley Napley Criminal Law Blog, 25th September 2024

Source: www.kingsleynapley.co.uk

Manchester detective found guilty after stealing cocaine and giving it to dealers – The Guardian

Posted September 26th, 2024 in drug offences, drug trafficking, misfeasance in public office, news, police by sally

‘A detective who stole almost 4kg of cocaine from the police evidence store at work and supplied it on the streets of Manchester has been convicted of multiple offences.’

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The Guardian, 25th September 2024

Source: www.theguardian.com

Tribunal orders council to release pay rise documents in “public interest” – Local Government Lawyer

Posted September 26th, 2024 in BBC, freedom of information, local government, news, public interest, remuneration by sally

‘The First-tier Tribunal has ordered Cumberland Council to release documents relating to a decision to double councillors’ pay over an 11-month period, after it refused to provide information requested by the BBC.’

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Local Government Lawyer, 25th September 2024

Source: www.localgovernmentlawyer.co.uk

Remedies – Negative Declarations – Declaration of Non-Liability – 33 Bedford Row

Posted September 25th, 2024 in chambers articles, declaratory judgment, news by tracey

‘Where one person (natural or legal) asserts that another person (natural or legal) is liable to pay them money, typically it will be the asserting party (the person who says they are owed money) who issues the formal claim (commences formal proceedings) in Court, seeking: (a) a judicial determination on the claim (i.e. a judgment in their favour), and (b) an order against the other party (the allegedly liable party). But there may be rare occasions where the roles are reversed, and it is the allegedly liable party that wishes to obtain a judicial determination – exonerating themselves[0] – to obtain a judgment that they are not liable to the other party (the asserting party).’

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33 Bedford Row, 4th September 2024

Source: www.33bedfordrow.co.uk

Modern Slavery Offences: Factors for Practitioners to consider – 25 Bedford Row

Posted September 25th, 2024 in chambers articles, forced labour, news, sentencing, trafficking in human beings by tracey

‘Practitioners will be familiar with defending in modern slavery cases where the s45 defence is advanced. This brings with it procedural, evidential and disclosure challenges from the timing of NRM referrals and receipt of conclusive grounds, to admissibility of various expert reports and potential third-party disclosure such as social services records.’

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25 Bedford Row, 5th September 2024

Source: www.25bedfordrow.com

Mother wins decade-long battle for more than £10m over botched operation on child at NHS hospital – The Independent

‘A mother has won a 12-year battle for compensation against an NHS hospital after successfully claiming her child suffered brain damage as a result of a botched surgery.’

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The Independent, 25th September 2024

Source: www.independent.co.uk

Telecoms providers must ensure transparency following ASA ruling and Ofcom guidance – OUT-LAW.com

Posted September 25th, 2024 in advertising, complaints, media, news, telecommunications by sally

‘A recent Advertising Standards Authority (ASA) ruling and subsequent Office of Communications (Ofcom) guidance serves as a reminder to UK telecommunications providers on standards for advertising technology superiority claims and comparative advertising, an expert has said.’

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OUT-LAW.com, 24th September 2024

Source: www.pinsentmasons.com

Keep out! When justice cannot be seen to be done, how do we know it’s been done? – Transparency Project

‘Magistrates’ courts conducting family justice are now part of the Family Court, established in 2014, and subject to the same rules as those presided over by district, circuit and High Court judges. Under those rules, accredited media reporters and ‘legal bloggers’ (see below) are entitled to attend hearings even if they take place in private, though they can’t report anything without the court’s permission.’

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Transparency Project, 24th September 2024

Source: transparencyproject.org.uk

The cost of success for women’s football; are women footballers paying the price for popularity? – 12 King’s Bench Walk

Posted September 25th, 2024 in chambers articles, duty of care, employment, negligence, news, sport, women by tracey

‘In recent years, women’s football has experienced an unprecedented surge in popularity and commercialisation. This growth has been beneficial in many respects, but brings to the forefront significant concerns regarding player welfare, particularly the prevalence of injuries such as anterior cruciate ligament (ACL) injuries. These issues have potentially significant legal and regulatory implications.’

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12 King's Bench Walk, 19th September 2024

Source: 12kbw.co.uk

What’s new in lawyers’ liability in autumn 2024? – 4 New Square

Posted September 25th, 2024 in barristers, chambers articles, costs, negligence, news, solicitors by tracey

‘Returning from the summer break is a good time to take stock of recent developments in professional liability case law. Helen Evans KC identifies some of the core themes emerging from the recent authorities on lawyers’ negligence, as well as some eye-catching costs decisions involving both solicitors and barristers.’

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4 New Square, 20th September 2024

Source: www.4newsquare.com

Alice de Coverley speaks to The Work Couch on neurodiversity at work – 3 Paper Buildings

Posted September 25th, 2024 in barristers, chambers articles, disabled persons, employment, news, podcasts by tracey

‘3PB Barristers’ (3 Paper Buildings) specialist education, equality and public law barrister Alice de Coverley has spoken to RPC Legal’s The Work Couch podcast as part of their neurodiversity mini-series ahead of ADHD awareness month in October.’

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3 Paper Buildings, 24th September 2024

Source: www.3pb.co.uk

Travel & Aviation Bulletin – Special Focus – 3 Hare Court

Posted September 25th, 2024 in appeals, brexit, chambers articles, holidays, insurance, interest, news, personal injuries by tracey

‘Welcome to our Special Focus edition of the Travel & Aviation Bulletin, edited by Katherine Deal KC.’

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3 Hare Court, 18th September 2024

Source: www.3harecourt.com