Discrimination Update – 11KBW

‘Almost everyone has an immediate intuitive understanding of direct discrimination. That is not to say that there are no difficult cases, but the core concept is easily grasped. Imagine an employer with an express policy of refusing to employ women. In a case of that sort the discrimination is obvious. To use the language of Equality Act 2010, s. 13, the employer treats women less favourably because of their sex. The reason for the simplicity of direct discrimination is that it usually needs no context for the discriminatory impact of the criterion to be apparent. The criterion is inherently discriminatory.’

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11KBW, 10th August 2017

Source: www.11kbw.com

Whistleblowing – an update – 11KBW

Posted August 22nd, 2017 in disclosure, news, unfair dismissal, whistleblowers by sally

‘Protected disclosure claims continue to keep employment lawyers, Tribunals and the EAT busy. The attractions of whistleblowing claims for claimants are well rehearsed: no qualification period for unfair dismissal claims and no cap on compensation, plus a whistleblowing claim can raise the publicity stakes for respondents.’

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11KBW, 10th August 2017

Source: www.11kbw.com

The Modern Slavery Act 2015 – 11 KBW

Posted August 22nd, 2017 in employment, legislation, news, trafficking in human beings by sally

‘The Modern Slavery Act 2015 (“MSA”) came into force on 29 October 2015. It seeks to address the growing scourge of forced labour and human trafficking within these shores. It does so by creating various criminal offences in relation to holding another person in
slavery or servitude or requiring them to perform forced labour, and also in relation to the movement of persons with a view to exploiting them. However, MSA also has a broader aim. Part 6 of MSA contains provisions requiring transparency in supply chains. Businesses above a specified level of turnover are required to provide a statement setting out the steps taken in the course of a financial year to ensure that slavery and human trafficking is not taking place in any of its supply chains.’

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11 KBW, 14th August 2017

Source: www.11kbw.com

Partridge v Gupta – Arden Chambers

Posted August 22nd, 2017 in civil procedure rules, housing, news, notification, repossession by sally

‘The High Court has held that CPR 83.13 (permission required to issue a writ of possession) does not require that the occupier be given notice of the actual application for permission. What is required is that they should have sufficient knowledge about the case as a whole.’

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Arden Chambers, 15th August 2017

Source: www.ardenchambers.com

Bucknall v Dacorum Borough Council – Arden Chambers

Posted August 22nd, 2017 in housing, local government, news, notification, regulations, repossession by sally

‘The High Court has held that it is a question of fact whether accommodation occupied after the acceptance of a full housing duty under s.193(2), Housing Act 1996, but which was initially provided to the applicant under s.188, is a “dwelling” for the purposes of ss.3 and 5, Protection from Eviction Act 1977. In the present case, the appellant occupied the property as a dwelling and the notice to quit served on her was invalid because it did not contain the information prescribed by the Notices to Quit etc. (Prescribed Information) Regulations 1988 (SI 1988/2201).’

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Arden Chambers, 10th August 2017

Source: www.ardenchambers.com

Property Litigation Blog: The path from Figsbury Ring to Gore – Hardwicke Chambers

Posted August 22nd, 2017 in easements, news, rights of way by sally

‘Andrew Skelly, of Hardwicke Chambers, considers the courts’ approach to easements, particularly the use of rights of way where the dominant tenement owner acquires additional land.’

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Hardwicke Chambers, 14th August 2017

Source: www.hardwicke.co.uk

R (UNISON) v Lord Chancellor – Blackstone Chambers

Posted August 22nd, 2017 in appeals, employment tribunals, equality, fees, news, Supreme Court, trade unions by sally

‘The Supreme Court today [30 July] allowed UNISON’s appeal and held that fees imposed in respect of proceedings in employment tribunals and the Employment Appeal Tribunal are unlawful because of their effects on access to justice.’

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Blackstone Chambers, 30th July 2017

Source: www.blackstonechambers.com

BAE Systems (Operations) Ltd v Marion Konczak [2017] EWCA Civ 1188 – Blackstone Chambers

‘The Court of Appeal has today given important guidance on how to assess compensation in cases where a claimant’s injury has multiple causes. The decision will be of particular relevance to cases where an employer’s conduct acts in conjunction with other factors to cause psychiatric harm, such as stress at work or depression, to a vulnerable employee.’

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Blackstone Chambers, 31st July 2017

Source: www.blackstonechambers.com

Collective (in)action? The CAT’s recent judgments on collective proceedings orders – Blackstone Chambers

Posted August 22nd, 2017 in appeals, class actions, competition, news, tribunals by sally

‘At first glance, two recent judgments from the CAT may give the impression that the new UK class action regime is dead in the water. However, on closer inspection there is much in these judgments that prospective claimants will welcome.

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Blackstone Chambers, 7th August 2017

Source: www.blackstonechambers.com

Protecting/Exposing Confidential Documents – Blackstone Chambers

‘In this paper, presented at the recent Blackstone Chambers Employee Competition Seminar, Kerenza Davis addresses the tricky issue of protecting confidential documents when litigating in the areas of employee competition.’

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Blackstone Chambers, 19th July 2017

Source: www.employeecompetition.com

Barton, betting and football’s ticking time bomb: Joey Barton v The FA – Blackstone Chambers

Posted August 22nd, 2017 in appeals, disciplinary procedures, disqualification, gambling, news, sanctions by sally

‘On 25 July 2017, an FA Appeal Board allowed the appeal of Premier League player, Joey Barton, against the “excessive” ban on him from all football for 18 months, imposed as a result of breaches of The FA’s betting rules.’

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Blackstone Chambers, 31st July 2017

Source: www.sportslawbulletin.org

Supreme Court to hear appeal on opposite-sex civil partnerships – Law & Religion UK

Posted August 22nd, 2017 in appeals, civil partnerships, equality, news, Supreme Court by sally

‘S 1(1) Civil Partnership Act 2004 stipulates that only a same-sex couple may conclude a civil partnership: “A civil partnership is a relationship between two people of the same sex…”. Rebecca Steinfeld and Charles Keidan have sought judicial review of that provision and have been unsuccessful both at first instance and in the Court of Appeal.’

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Law & Religion UK, 22nd August 2017

Source: www.lawandreligionuk.com

Simon Anderson discusses the case of Various Claimants v Barclays Bank PLC [2017] EWHC 1929 (QB) – Park Square Barristers

Posted August 22nd, 2017 in banking, contracting out, doctors, employment, news, sexual offences by sally

‘Can an employer be vicariously liable for sexual assaults perpetrated by an independent physician engaged to conduct health screening of employees? Yes, according to The Hon Mrs Justice Davies in Various Claimants v Barclays Bank PLC [2017] EWHC 1929 (QB) in a judgment handed down on 26th July 2017. Simon Anderson considers its reasoning, and its wider implications for employers.’

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Park Square Barristers, 8th August 2017

Source: www.parksquarebarristers.co.uk

JLK Limited v Emmanuel Chiedu Ezekwe (and others) [2017] UKUT 277 (LC) – Tanfield Chambers

Posted August 22nd, 2017 in appeals, housing, landlord & tenant, leases, news, service charges, tribunals by sally

‘The Upper Tribunal upheld the First Tier Tribunal’s decision that units of accommodation designed for students were ‘dwellings’, but overturned the decision that such units were ‘separate dwellings’. As such, the FTT did not have jurisdiction to determine the amount of service charges payable by the units’ leaseholders under sections 18 to 30 of the Landlord and Tenant Act 1985.’

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Tanfield Chambers, 31st July 2017

Source: www.tanfieldchambers.co.uk

Richard Paige discusses Holiday Sickness Scams – Park Square Barristers

Posted August 22nd, 2017 in compensation, fraud, holidays, insurance, news by sally

‘In the last couple of years there has been an explosion in the number of holiday sickness claims in the UK. It has reached epidemic proportions so rapidly that all the national newspapers have run stories about hotel owners, mostly in Mediterranean resorts, threatening to ban British holidaymakers. The stories have probably been exaggerated to sell papers and there is likely to be a degree of sabre-rattling from the hotel owners, but there is no doubt that it has become a significant problem for the British holiday industry, so much so that ABTA launched its “Stop Sickness Scams” campaign in June 2017.’

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Park Square Barristers, 7th August 2017

Source: www.parksquarebarristers.co.uk

High Court Decision as to Scope of Vicarious Liability – Henderson Chambers

‘In Various Claimants v Barclays Bank PLC [2017] EWHC 1929 (QB), the High Court (The Hon Mrs Justice Davies DBE) held that Barclays Bank was vicariously liable in respect of alleged sexual assaults perpetrated by a Doctor, not employed by Barclays, who conducted medical assessments and examinations on prospective employees of the Bank.’

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Henderson Chambers, 10th August 2017

Source: www.hendersonchambers.co.uk

Swynson Ltd v Lowick Rose LLP: bending the law on damages to the point of breaking? – Hardwicke Chambers

Posted August 22nd, 2017 in appeals, damages, loans, news, Supreme Court by sally

‘In 2006, Swynson Ltd proposed to lend £15m to finance a management buy-out. It instructed Lowick Rose LLP (then called Hurst, Morrison Thomson (HMT)) to carry out due diligence on the target company. HMT did so negligently. But for its negligence, the loan would not have been made.’

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Hardwicke Chambers, 28th July 2017

Source: www.hardwicke.co.uk

A radical reconsideration of the burden of proof: Efobi v Royal Mail Group Ltd (EAT) – Cloisters

‘In an important decision on the correct interpretation of the burden of proof provisions in the Equality Act 2010, Efobi v Royal Mail, Tom Coghlin and Navid Pourghazi successfully appealed against an employment tribunal’s decision to dismiss a claimant’s race discrimination complaints.’

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Cloisters, 14th August 2017

Source: www.cloisters.com

Old problem, new solution: local councils look to preserve their green spaces from incursion and illegal fly tipping – Hardwicke Chambers

Posted August 22nd, 2017 in commons, gipsies, injunctions, local government, news, waste by sally

‘There are few local authorities in the country that haven’t experienced the enormous difficulties inherent in people setting up camp illegally in local parks and green spaces with their mobile homes and caravans, horses and dogs then leaving the area (voluntarily or otherwise) and landing the authority with an expensive bill for cleaning up.’

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Hardwicke Chambers, 26th July 2017

Source: www.hardwicke.co.uk

Fighting for freedom? The historic and future relationship between conservatism and human rights – Sir Michael Tugenhat

Posted August 22nd, 2017 in human rights, judges, reports, treaties by sally

Fighting for freedom? The historic and future relationship between conservatism and human rights (PDF)

Sir Michael Tugendhat

Bright Blue, August 2017

Source: www.brightblue.org.uk