HELP! ONE CAN’T BREATHE FOR THE NON-COMPETE CLAUSE… – Littleton Chambers

Posted June 2nd, 2016 in competition, contract of employment, news, small businesses by sally

‘Carol Davis comments on the BIS plans to call for evidence on potentially stifling employment rules and considers a world without non-compete clauses.’

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Littleton Chambers, 23rd March 2016

Source: www.littletonchambers.com

The UK’s “New Settlement” within the EU – A Reform Package for the Whole Union – Henderson Chambers

Posted June 2nd, 2016 in constitutional reform, EC law, news, referendums by sally

‘The Decision of the Heads of State or Government meeting within the European Council, which was annexed to the Conclusions of the European Council of 18 and 19 February 2016, describes the arrangements it contains as “a new settlement for the United Kingdom within the European Union”. The Decision does, of course, offer the UK a new settlement, responding systematically, and generously, to the four points raised by Mr Cameron in his letter of 10 November 2015 to Mr Donald Tusk, the European Council President. But it does more than that. The view I want briefly to develop this afternoon is that the Decision represents an important reform package, from which the EU as a whole will benefit immensely, if only it comes into force. And that depends on the vote on 23 June.’

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Henderson Chambers, 19th May 2016

Source: www.hendersonchambers.co.uk

A Comparison of the Olympic Selection Procedures for British Cycling, Athletes and Swimming – Littleton Chambers

Posted June 2nd, 2016 in news, sport by sally

‘Nicholas Siddall analyses the 2016 Rio de Janeiro Olympic Games selection criteria for British athletes in the disciplines of Cycling, Athletics and Swimming and seeks to identify themes, trends and the scope for potential challenge. It does not address the appeals process which shall be the subject of a later article.’

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Littleton Chambers, 18th May 2016

Source: www.littletonchambers.co.uk

Winners and Losers in the Permanent Health Insurance Game – Henderson Chambers

Posted June 2nd, 2016 in employment, health, insurance, news, redundancy by sally

‘Permanent health insurance (PHI), also and probably more accurately known or described as Income Protection Insurance (IPI), can solve the problem of income protection when an employee is ill for a period beyond that where income is directly maintained by the employer. The employee has time to recover and the employer is relieved of the expense of paying the non-productive employee. But it is not always a Win-Win situation, particularly where there comes a parting of the ways between employer and employee.’

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Henderson Chambers, 31st March 2016

Source: www.hendersonchambers.co.uk

Out of time and out of luck: extending time for service out of the jurisdiction – Hardwicke Chambers

‘The recent decision of Cox J in Foran v Secret Surgery Ltd and others is a salutary tale emphasising the strict approach of the courts to applications to extend time for service of the claim form. Here, the fact that service had to be effected out of the jurisdiction did not avail the claimant, with the result that her claim was time-barred against three of the four defendants.’

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Hardwicke Chambers, 24th May 2016

Source: www.hardwicke.co.uk

A series of unfortunate events – Hardwicke Chambers

Posted June 2nd, 2016 in holidays, insurance, interpretation, law firms, negligence, news, solicitors by sally

‘Judges occasionally lighten their judgments with literary references. The quotation from Alice in Wonderland “Words mean what I want them to mean” is a favourite in cases involving the interpretation of contracts, and Shakespeare appears fairly regularly.’

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Hardwicke Chambers, 23rd May 2016

Source: www.hardwicke.co.uk

Human Rights and Property Litigation: some general concepts – Falcon Chambers

‘In this talk we introduce you to some of the concepts that you need to be familiar with when dealing with human rights under the European Convention of Human Rights (“ECHR”) as incorporated into our domestic law by the Human Rights Act 1998 (“HRA”).’

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Falcon Chambers, May 2016

Source: www.falcon-chambers.com

Whiplash: George Osborne’s Modest Proposal – Cloisters

Posted June 2nd, 2016 in compensation, consultations, damages, fraud, insurance, news, personal injuries by sally

‘In his 2015 autumn statement the Chancellor of the Exchequer, the Rt. Hon George Osborne MP, announced that to make it “harder for people to claim compensation for exaggerated or fraudulent whiplash claims, the government is ending the right to cash compensation”.[1] The proposal will remove the right of individuals to claim ‘general damages’ for minor whiplash injuries, compensation for injury, pain and suffering. However, the victims of such injury will still have the right to claim compensation for financial losses such as the costs of medical treatment or loss of earnings.’

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Cloisters, 24th May 2016

Source: www.cloisters.com

Human Fertilisation and Embryology Act Incompatible with Convention Rights – Cloisters

‘Catriona Stirling considers the case of Z (a child) (No.2) [2016] EWHC 1191 (Fam), in which Sir James Munby, President of the Family Division, has made a declaration under s.4 of the Human Rights Act 1998 (HRA) that s. 54(1) of the Human Fertilisation and Embryology Act 2008 (HFEA) is incompatible with Article 8 together with Article 14 of the European Convention on Human Rights.’

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Cloisters, 26th May 2016

Source: www.cloisters.com

Serious Personal Injury Litigation – A Quantum Update – Byrom Street Chambers

Posted June 2nd, 2016 in compensation, damages, news, periodical payments, personal injuries by sally

‘Arguments concerning the indexation of periodical payments orders triggered many more cases than usual being tried out after 2005 on numerous heads of damage. Further cases followed after the issue of indexation was decided, leading to the landmark decision in Whiten (2011). In late 2014/2015 there has been a further spate of reported cases driven by the NHS LA. James Rowley QC brings together the judgments so that trends in awards in the most serious litigation can be identified.’

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Byrom Street Chambers, 24th May 2016

Source: www.byromstreet.com

Baroness Shields calls for united action in tackling online extremism – Home Office

‘Minister for Internet Safety and Security addresses audience at the Google Zeitgeist Conference.’

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Home Office, 26th May 2016

Source: www.gov.uk/home-office

Trade in so-called ‘legal highs’ now illegal – Home Office

Posted June 2nd, 2016 in drug offences, legislation, news, penalties by sally

‘Unscrupulous dealers in psychoactive substances face up to 7 years in prison as the trade becomes illegal today (Thursday 26 May).’

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Home Office, 26th May 2016

Source: www.gov.uk/home-office

EVENT: Gresham College – ‘Sex, Death and Witchcraft’ – What Goes On In The Family Court Room?

Posted June 2nd, 2016 in Forthcoming events by sally

‘Think of family and what comes to mind? At best, a family united by children, love, partnership; At worst: the death of love, divorce, parents feuding over money and children. But what of the situation where the dispute is not between partners but The State and The Family? A child may be removed because professionals fear that they may suffer, no longer protected by parents but at risk from them.’

Date: 6th October 2016, 6.00-7.00pm

Location: Barnard’s Inn Hall

Charge: Free

More information can be found here.

EVENT: Gresham College – The Criminal Mind: The relationship between criminology and psychology

Posted June 2nd, 2016 in Forthcoming events by sally

‘A discussion of how the study of psychology and psychiatry relates to the study of criminology. Historically criminals have been defined as a group who are seen as “other” to non-criminals. However, modern thinking has moved away from this with developments in the psychology of criminal rule-breaking and discussions of how individual psychology can assist the understanding of criminal rule-breaking and risk; including approaches to rehabilitation and behavioural change. Professor Adshead suggests that these different discourses have much to offer one another.’

Date: 7th June 2016, 2.00pm

Location: Museum of London

Charge: Free

More information can be found here.

Richard Kirkham: JR55: Five Activist Strategies a Judge Should Avoid – UK Constitutional Law Association

‘The ruling of the Supreme Court in JR55 raises a host of issues which deserve a much fuller analysis than can be developed in this post. The best reading of the case is that its impact is largely isolated to the Northern Ireland Commissioner for Complaints scheme involved, an ombudsman scheme which closed on 1st April as a result of the Public Services Ombudsman Act (Northern Ireland) 2016.’

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UK Constitutional Law Association, 30th May 2016

Source: www.ukconstitutionallaw.org

If you’re going to go down a steep slope, make sure you do it on your bottom! – Zenith PI Blog

Posted June 2nd, 2016 in appeals, duty of care, negligence, news, personal injuries by sally

‘In a decision handed down last week in English Heritage v Taylor [2016] EWCA Civ 448 the Court of Appeal upheld a first instance decision of a finding of breach of duty under section 2 of the Occupier’s Liability Act 1957 and a finding of 50% contributory negligence against the claimant. The issues centred around what was an obvious danger.’

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Zenith PI Blog, 20th May 2016

Source: www.zenithpi.wordpress.com

Fracking: Planning for an energy nirvana? – The 36 Group

Posted June 2nd, 2016 in energy, fracking, licensing, news, planning by sally

‘“Fracking”, or rather hydraulic fracturing is a subject that fosters great passion and concern in many. The word “frak” was recently used as an expletive in a remake of a 1970’s television classic, to replace another well known Anglo-Saxon curse, and in Swedish fräck means “audacious”, “shameless” or “bold”.’

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The 36 Group, April 2016

Source: www.36group.co.uk

Free Speech Explained In 5 Human Rights Cases – RightsInfo

Posted June 2nd, 2016 in freedom of expression, human rights, judgments, news by sally

‘Freedom of speech, often called freedom of expression, is thought of by many as the cornerstone of a liberal democracy.’

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RightsInfo, 26th May 2016

Source: www.rightsinfo.org

The Immigration Act 2016 In Plain English – RightsInfo

Posted June 2nd, 2016 in human rights, immigration, legislation, news by sally

‘On 12 May 2016, the Immigration Act 2016 came into force, making it officially UK law. The Act focusses on illegal migration and punitive measures for those who don’t “play by the rules”. It’s a massive new law and brings with it major revisions of the immigration system. Here are the key changes in plain-English.’

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RightsInfo, 31st May 2016

Source: www.rightsinfo.org

Rough justice – New Law Journal

Posted June 2nd, 2016 in criminal justice, miscarriage of justice, news by sally

‘The 25th anniversary of the release of the Birmingham Six serves as a powerful reminder of the fallibility of our justice system, says Jon Robins.’

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New Law Journal, 2nd June 2016

Source: www.newlawjournal.co.uk