23/11/2017 – Page 2 – Current Awareness

Sexual Harassment in the Workplace: A Widespread Problem – Old Square Chambers

Posted November 23rd, 2017 in employment, equality, harassment, news, sexual offences by sally

‘Recent revelations in both America and the United Kingdom have shone a spotlight on the issue of sexual harassment and highlighted how common it is in the workplace. This is reflected in a recent survey carried out by the TUC: 52% of the women surveyed said that they had experienced some form of sexual harassment at work, nearly a quarter had experienced unwanted touching – like a hand on the knee or lower back at work -, and a fifth had experienced unwanted verbal sexual advances at work.’

Old Square Chambers, 15th November 2017

Source: www.oldsquare.co.uk

Interests of a bankrupt’s creditors remain of paramount importance (Pickard and another (Joint Trustees in Bankruptcy of Constable) v Constable) – Hardwicke Chambers

Posted November 23rd, 2017 in appeals, bankruptcy, evidence, news by sally

‘Lina Mattsson outlines the recent restructuring and insolvency case, Pickard and another (Joint Trustees in Bankruptcy of Constable) v Constable. She explains that this appeal reaffirms that even in situations with exceptional circumstances, the interests of a bankrupt’s creditors remain of paramount importance and that cogent evidence is crucial to support any application to suspend possession.’

Hardwicke Chambers, 14th November 2017

Source: www.hardwicke.co.uk

Benkharbouche: EU Law reigns supreme (for now) & other important lessons – Cloisters

Posted November 23rd, 2017 in appeals, brexit, contract of employment, EC law, human rights, news, state immunity, Supreme Court by sally

‘The legal press has mostly viewed Benkharbouche v SOS for Foreign and Commonwealth Affairs [2017] UKSC 62 in the Supreme Court [“SC”] as a case which simply addresses the interplay between State Immunity and the Employment Tribunals. But, the other significance to this case is that it contains commentary the on the supremacy of EU Law, the role and significance of the Charter of Fundamental Rights of the EU (“CFREU”) and the way in which it confers a free standing route to dis-applying primary legislation as well as raising questions on the impact of Brexit. It follows that it is essential reading for employment lawyers. Jacques Algazy QC analyses these issues in this blog.’

Cloisters, 2nd November 2017

Source: www.cloisters.com

A bitter taste in the mouth of travel providers? The Court of Appeal’s Decision in Wood v TUI Travel plc T.A. First Choice 2017 EWCA Civ 11 – 4 KBW

Posted November 23rd, 2017 in appeals, damages, holidays, news, sale of goods by sally

‘The Court of Appeal was recently asked whether a couple could recover damages pursuant to the implied condition in section 4(2) of the Supply of Goods and Services Act 1982, (“the 1982 Act”), for harm suffered whilst on an all-inclusive holiday.’

4 KBW, 17th November 2017

Source: www.4kbw.net

Mental Capacity Guidance Note: A Brief Guide to Carrying Out Best Interest Assessments – 39 Essex Chambers

Posted November 23rd, 2017 in mental health, news by sally

‘The purpose of this document is to provide for social workers and those working in front-line clinical settings a brief overview of the law and principles relating to the assessment of best interests. Its focus is on: (a) how to apply the MCA 2005 principles when assessing best interests; and (b) how to record your assessment, primarily in the context of health and welfare decisions. It is a companion to our brief guide to carrying out capacity assessments.’

39 Essex Chambers, 17th November 2017

Source: www.39essex.com

Recovery of Damages for Future Care Costs Does Not Disentitle a Person to After-Care Services Under Mental Health Act 1983 – Garden Court Chambers

Posted November 23rd, 2017 in appeals, costs, damages, local government, mental health, news by sally

‘The Court of Appeal determined that a person discharged from liability to be detained under s 3 Mental Health Act 1983 (MHA 1983) but who still required “after-care services” pursuant to s 117 of the Act was entitled to have his local authority provide such services under s 117 at any time before he had exhausted sums awarded to him in respect of costs of care for the injury he suffered.’

Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Environmental Law News Update – Six Pump Court

Posted November 23rd, 2017 in climate change, energy, environmental protection, news, regulations, roads, transport by sally

‘In this latest Environmental Law News Update William Upton, Nicholas Ostrowski, Frances Lawson and Mark Davies consider the failure of Highways England’s plan for a Kent Lorry Park, the recent publication of the Environment Agency’s Enforcement and Sanctions Guidance, revisions to the EU ETS and the Powering Past Coal Alliance, and the new Conservation of Habitats and Species Regulations 2017.’

Six Pump Court, 20th November 2017

Source: www.6pumpcourt.co.uk

Legal Aid Cuts: A Future of Mandatory Pro Bono Work? – RightsInfo

Posted November 23rd, 2017 in human rights, legal aid, news, pro bono work by sally

‘Cuts to legal aid have had a huge impact on access to justice, as confirmed by various reports over the last few years.’

RightsInfo, 23rd November 2017

Source: rightsinfo.org

Compensation for Paralympian unable to use toilet on train – The Guardian

Posted November 23rd, 2017 in compensation, disabled persons, news, railways by sally

‘Paralympian athlete Anne Wafula Strike has won a financial settlement from CrossCountry trains after she was forced to wet herself on a rail journey because the accessible toilet was not working.’

The Guardian, 21st November 2017

Source: www.theguardian.com

Can a parking right be an easement? – Tanfield Chambers

Posted November 23rd, 2017 in easements, news, parking by sally

‘Parking is a hot topic! There have been an extraordinary number of cases involving parking disputes over the last few decades, almost certainly because the absence of a right to park can substantially reduce the value of both commercial and residential land.’

Tanfield Chambers, 10th November 2017

Source: www.tanfieldchambers.co.uk

Reasonable Belief in Adverse Possession – 14 Years Later – Hardwicke Chambers

Posted November 23rd, 2017 in land registration, limitations, news, trespass by sally

‘The doctrine of adverse possession arises from the Limitation Act 1980. Section 15(1) provides that no action shall be brought by any person to recover any land after the expiration of 12 years from the date on which the right of action accrued. Sections 1-7 provide that at the expiration of the period of 12 years the title of the paper owner is extinguished. The claim of a person to a possessory title was therefore based on the negative effect of the extinguishment of the paper owner’s title, and the basic principle that what is required for a case in trespass is not ownership, but possession or a right to possession.’

Hardwicke Chambers, 9th November 2017

Source: www.hardwicke.co.uk

Out of Hours Order Under High Court’s Jurisdiction in Relation to Vulnerable Adults for Removal From Home and Detention in Hospital – No Claim Under HRA 1998 in Respect of Judicial Act – Garden Court Chambers

Posted November 23rd, 2017 in care orders, detention, hospitals, human rights, jurisdiction, news by sally

‘AM brought a claim for a declaration against the Lord Chancellor alleging breaches of Human Rights Act 1998 arising out of a judicial act, namely an order made in April 2016 by Mostyn J under the High Court’s inherent jurisdiction in relation to vulnerable adults.’

Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Broadband firms must ditch ‘misleading’ speed ads – BBC News

Posted November 23rd, 2017 in advertising, internet, misrepresentation, news, telecommunications by sally

‘Broadband firms will no longer be able to advertise their fast net services based on the speeds just a few customers get, from May next year.’

BBC News, 23rd November 2017

Source: www.bbc.co.uk

It’s all a matter of Interpretation – Hardwicke Chambers

Posted November 23rd, 2017 in construction industry, contracts, drafting, interpretation, news by sally

‘It is often the case that, when parties negotiate the parties’ rights to terminate a contract on particular terms, one party will often wish to have an opportunity to rectify any potential termination default that they have committed, whereas the other will wish to retain the discretion to determine when a contract will come to an end in the event of a termination event. The issue in the case was essentially about contractual interpretation, and a conflict within a termination clause which meant either the main contractor was entitled to serve a termination notice immediately on its subcontractor, or that there was a requirement that the main contractor provide an opportunity to the subcontractor to remedy the default before serving a termination notice.’

Hardwicke Chambers, 16th November 2017

Source: www.hardwicke.co.uk

Ann Maguire murder: Coroner issues Facebook contracts plea – BBC News

Posted November 23rd, 2017 in children, coroners, internet, murder, news, parental responsibility, teachers by sally

‘A coroner has called for the creation of social media “contracts” for parents after it emerged a teacher’s murderer discussed killing her on Facebook.’

BBC News, 22nd November 2017

Source: www.bbc.co.uk

Poppi Worthington’s father to give evidence at inquest into her death – The Guardian

Posted November 23rd, 2017 in child abuse, evidence, inquests, news by sally

‘A father alleged to have sexually assaulted his 13-month-old daughter shortly before she collapsed and died is to give evidence in person at her inquest in Kendal next week.’

The Guardian, 22nd November 2017

Source: www.theguardian.com

The Mandatory Ground of Possession Under Housing Act 1985: Out of Time Reviews – Garden Court Chambers

Posted November 23rd, 2017 in appeals, housing, landlord & tenant, local government, news, repossession, time limits by sally

‘Mr Harris, the appellant, was the secure tenant of Hounslow London Borough Council, the respondent. On 17 November 2015, the police obtained a closure order, under the Anti-Social Behaviour Crime and Policing Act 2014 (ASBCPA 2014), in respect of the property where he lived, following complaints of noise nuisance and visitors loitering, smoking, drinking and using drugs in the stairwell.’

Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

UK Laws Around Smacking Children Are Changing – Everything You Need to Know – The Independent

Posted November 23rd, 2017 in assault, children, corporal punishment, defences, news, parental rights by sally

‘Rules around smacking children across the UK are changing as a result of new laws coming into force.’

The Independent, 22nd November 2017

Source: www.independent.co.uk

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