Appeal right essential where employee dismissed over right to work – OUT-LAW.com

Posted July 5th, 2018 in appeals, dismissal, employment, employment tribunals, immigration, news by tracey

‘An employee who is dismissed for being unable to prove the right to work in the UK ought to be given a right of appeal, the Employment Appeal Tribunal (EAT) has confirmed.’

Full Story

OUT-LAW.com, 4th July 2018

Source: www.out-law.com

Supreme Court dismisses appeal over bank resolution claims – OUT-LAW.com

Posted July 5th, 2018 in appeals, banking, EC law, jurisdiction, news, Supreme Court by tracey

‘Claims brought against Novo Banco, the bank set up by the Portuguese central bank following the collapse of Banco Espirito Santo (BES) in 2014, must be heard in Portugal, the UK’s highest court has confirmed.’

Full Story

OUT-LAW.com, 5th July 2018

Source: www.out-law.com

Losing out on loss of bargain when terminating in reliance upon contractual rights – Practical Law: Construction Blog

‘In the wake of the Carillion insolvency, many sub-contractors are likely to be investigating their rights to terminate their contracts with a now defunct main contractor. Looking for a clean break, they may be tempted by the explicit termination rights that standard form building contracts often contain, and that may be deployed in the event of main contractor insolvency. On the surface, terminating appears as simple as writing to the liquidator citing the relevant provision, and declaring the contract to be at an end. However, a potential trap awaits the unwary. Unwitting sub-contractors may inadvertently forfeit any right to claim loss of bargain damages, that is, the loss of profits that would have been made had the contract carried through to completion. This is potentially a highly lucrative right, particularly if the sub-contractor is at the start of a multi-year project that was expected to generate significant future earnings. This result arises from the case of Phones 4U Ltd (in administration) v EE Ltd.’

Full Story

Practical Law: Construction Blog, 4th July 2018

Source: constructionblog.practicallaw.com

Lady Hale at the Royal College of Psychiatrists Annual Conference, Birmingham – Supreme Court

Posted July 5th, 2018 in bills, disabled persons, human rights, judges, mental health, speeches, treaties by tracey

‘Lady Hale at the Royal College of Psychiatrists Annual Conference, Birmingham. Is it time for yet another Mental Health Act?’

Full speech

Supreme Court, 24th June 2018

Source: www.supremecourt.uk

Law reform needed to help leaseholders take control of their buildings – Law Commission

Posted July 5th, 2018 in landlord & tenant, Law Commission, leases, press releases by tracey

‘Housing Secretary James Brokenshire has asked the Law Commission to look at improving the laws which allow leaseholders to manage their own buildings.The legislation on Right to Manage is meant to put power in leaseholders’ hands and stop abuse, by allowing some leasehold property owners to take over the management of a building. But issues with the law have stopped its usage becoming widespread. And those who have taken up the option have found delays, costs and uncertainty.’

Full press release

Law Commission, 4th July 2018

Source: www.lawcom.gov.uk

New law to protect people with dementia and learning disabilities announced – Law Commission

‘Thousands of vulnerable people with dementia and learning disabilities will be given better protection by a new law announced today by the Government. The new Mental Capacity (Amendment) Bill, based on Law Commission recommendations, brings in extra protections for those who lack the mental capacity to make decisions about their care.’

Full press release

Law Commission, 3rd July 2018

Source: www.lawcom.gov.uk

Court of Appeal sets out approach when considering SGOs in care proceedings – Family Law

Posted July 5th, 2018 in appeals, care orders, guardianship, news by tracey

‘Family analysis: What factors should parties take into consideration in identifying realistic placement options for a child at the start of care proceedings? Sam Momtaz QC and Sharon Segal, of 1GC|Family Law, examine the Court of Appeal decision in P-S (Children) (care orders) [2018] All ER (D) 118 (Jun) that a Family Court judge had been wrong to make full care orders rather than special guardianship orders (SGOs) in respect of two children.’

Full Story

Family Law, 4th July 2018

Source: www.familylaw.co.uk

Farming disputes and proprietary estoppel: Gee v Gee – Family Law

Posted July 5th, 2018 in agricultural holdings, appeals, estoppel, evidence, families, news, witnesses by tracey

‘In recent years there has been a procession of farming proprietary estoppel cases, the most famous of which was probably Davies v Davies [2016] EWCA Civ 463, [2017] 1 FLR 1286 with the claimant in that case capturing the media’s attention as the “Cowshed Cinderella”. On 11 June 2018 Mr Justice Birss, sitting in Bristol, handed down judgment on the latest, the case of Gee v Gee & Anor [2018] EWHC 1393 (Ch), [2018] All ER (D) 58 (Jun).’

Full Story

Family Law, 4th July 2018

Source: www.familylaw.co.uk

Speech by The Right Hon. The Lord Burnett of Maldon: Dinner for Her Majesty’s Judges 2018 – Courts and Tribunals Judiciary

Posted July 5th, 2018 in judiciary, rule of law, speeches by tracey

‘Speech by The Right Hon. The Lord Burnett of Maldon: Dinner for Her Majesty’s Judges 2018.’

Full speech

Courts and Tribunals Judiciary, 4th July 2018

Source: www.judiciary.uk

BSB explains how it assures competence at the Bar – Bar Standards Board

‘Following its decision last year not to implement the Quality Assurance Scheme for Advocates (QASA), the Bar Standards Board (BSB) has today published more detail about how it assures the competence of barristers.’

Full press release

Bar Standards Board, 5th July 2018

Source: www.barstandardsboard.org.uk

We got it wrong: MoJ admits overcharging for court fees – Law Society’s Gazette

Posted July 5th, 2018 in courts, fees, Ministry of Justice, news by tracey

‘The Ministry of Justice has admitted overcharging for a string of different court fees – with the lost income from reducing the fees set to cost around £9m a year. The announcement follows the Gazette’s revelation that some personal injury claimants had been overcharged by more than £100 for starting proceedings in the High Court and County Court since 2016.’

Full Story

Law Society's Gazette, 4th July 2018

Source: www.lawgazette.co.uk

Enforcement and the powers of the family court: VS v RE [2018] EWFC 30 – Family Law Week

‘Michael Horton, barrister at Coram Chambers explains the jurisdiction of the family court in relation to enforcement proceedings and highlights considerations which impact on the drafting of recitals to consent orders.’

Full Story

Family Law Week, 4th July 2018

Source: www.familylawweek.co.uk

Gaia Pope: Police watchdog launches new probe over handling of rape allegation two years before teenager’s death – The Independent

Posted July 5th, 2018 in complaints, mental health, news, police, rape, suicide, victims, young persons by tracey

‘Police who failed to act on an allegation of rape made by Gaia Pope two years before her tragic death are under investigation in a fresh probe.’

Full Story

The Independent, 5th July 2018

Source: www.independent.co.uk

Home Office separating scores of children from parents as part of immigration detention regime – The Independent

Posted July 5th, 2018 in children, detention, families, immigration, mental health, news by tracey

‘The Home Office is separating scores of children from their parents as part of its immigration detention regime – in some cases forcing them into care in breach of government policy.’

Full Story

The Independent, 4th July 2018

Source: www.independent.co.uk

Gambling Commission says it was misled by Ladbrokes in Black Dave case – The Guardian

Posted July 5th, 2018 in codes of practice, gambling, news by tracey

‘The Gambling Commission has said it was misled by Ladbrokes during its investigation into the Black Dave case, which ended on Wednesday with a statement warning bookmakers about their handling of Rule 4 deductions in horse racing. The trainer David Evans was fined last year by racing’s ruling body for delaying notification of a non-runner, Tango Sky, so that he could back his other entrant, Black Dave, before its odds shortened, and he told Ladbrokes of his plan to withdraw Tango Sky at the time of placing his bet.’

Full Story

The Guardian, 4th July 2018

Source: www.theguardian.com

Undercover policing inquiry: victims launch legal action – The Guardian

Posted July 5th, 2018 in diversity, inquiries, investigatory powers, news, police, victims by tracey

‘Victims of undercover police officers have started legal action against the home secretary over the troubled public inquiry into the conduct of police spies.’

Full Story

The Guardian, 5th July 2018

Source: www.theguardian.com

New guidelines for ‘revenge porn’ crimes – BBC News

Posted July 5th, 2018 in crime, harassment, news, pornography, sentencing, stalking by tracey

‘People found guilty of repeatedly uploading “revenge porn” will face the toughest punishments when new sentencing guidelines come into force.’

Sentencing council press release

Full Story

BBC News, 5th July 2018

Source: www.bbc.co.uk

George Ormond: Former Newcastle United football coach jailed for 20 years for abusing boys – The Independent

Posted July 5th, 2018 in child abuse, news, sentencing, sexual offences, sport by tracey

‘Former boys football coach George Ormond has been sentenced to 20 years in prison for a series of sex abuses that stretches 25 years.’

Full Story

The Independent, 4th July 2018

Source: www.independent.co.uk

World-class fraud and cybercrime court approved for London’s Fleetbank house site – Ministry of justice

Posted July 5th, 2018 in computer crime, courts, press releases by tracey

‘A new flagship court specifically designed to tackle cybercrime, fraud, and economic crime will reinforce the UK’s reputation as a world-leading legal centre, the Lord Chancellor will announce tonight (Wednesday 4 July).’

Full press release

Ministry of justice, 4th July 2018

Source: www.gov.uk/government/organisations/ministry-of-justice

Michael Maguire death: Army captain guilty of manslaughter – BBC News

Posted July 5th, 2018 in armed forces, courts martial, firearms, homicide, negligence, news by tracey

‘An Army captain has been convicted of gross negligence manslaughter at a court martial after a soldier was killed during a live fire exercise.’

Full story

BBC News, 4th July 2018

Source: www.bbc.co.uk