The Employment Rights of Uber Drivers: A Battle Won, the War Goes On – Oxford Human Rights Hub

Posted January 16th, 2019 in contract of employment, holidays, minimum wage, news, self-employment, taxis by sally

‘The judgment of the English Court of Appeal in Uber B.V. & others v Aslam & others (Case No: A2/2017/3467; 19 December 2018) has been hailed as a victory for workers. Uber’s business model, in common with many digital platforms, depends on classifying its drivers as independent contractors, who do not enjoy the rights of “employees” or “workers”. In essence, the majority of the Court endorsed the finding of the Employment Tribunal (ET) that these contractual provisions “do not correspond with the practical reality” and that the notion of Uber in London as “a mosaic of 30,000 small businesses linked by a common ‘platform’ is to our minds faintly ridiculous.”’

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Oxford Human Rights Hub, 14th January 2019

Source: ohrh.law.ox.ac.uk

Unlawful service of claim by unregulated person still valid – Legal Futures

Posted January 16th, 2019 in litigants in person, news, service by sally

‘It was wrong to punish a litigant in person who used an unregulated business to serve a claim, even though this was the unlawful conduct of litigation, the Court of Appeal has ruled.’

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Legal Futures, 16th January 2019

Source: www.legalfutures.co.uk

Upskirting to be crime after Lords back bill – BBC News

Posted January 16th, 2019 in bills, news, outraging public decency, photography, sexual offences by sally

‘A woman who launched a campaign against upskirting after being targeted at a festival 18 months ago has said “we did it!” after legislation was passed to make it a crime in England and Wales.’

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BBC News, 15th January 2019

Source: www.bbc.co.uk

Mark Evans death: Angela Ayre found guilty of manslaughter – BBC News

Posted January 16th, 2019 in domestic violence, homicide, news by sally

‘A woman who stabbed her partner after he urinated in their conservatory has been found guilty of manslaughter.’

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BBC News, 15th January 2019

Source: www.bbc.co.uk

Judge who told barrister she “did not need to lie” was not biased – Litigation Futures

Posted January 16th, 2019 in barristers, bias, employment tribunals, news by sally

‘A judge who accused a barrister of telling a lie when she had misheard what was said did not give rise to a conclusion of apparent bias, the employment appeal tribunal has ruled.’

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Litigation Futures, 15th January 2019

Source: www.litigationfutures.com

Hedge fund use of private exit polls attracts City watchdog – The Guardian

Posted January 16th, 2019 in brexit, financial regulation, hedge funds, news, referendums by sally

‘The City watchdog is considering fresh guidelines around the sale of private polling data to hedge funds looking to profit from major political events such as Brexit.’

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The Guardian, 15th January 2019

Source: www.theguardian.com

Woman who crippled cheating rapist lover spared jail – BBC News

Posted January 16th, 2019 in grievous bodily harm, guilty pleas, news, sentencing, suspended sentences by sally

‘A woman who crippled her boyfriend in a hit-and-run crash after finding out he was a convicted rapist with a long-term lover has been spared jail.’

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BBC News, 15th January 2019

Source: www.bbc.co.uk

Norfolk council rebuked over special needs provision – The Guardian

Posted January 16th, 2019 in complaints, local government, news, ombudsmen, special educational needs by sally

‘The local government ombudsman has reprimanded a local authority over its provision for children with special educational needs after upholding 11 complaints against the council over the last two years.’

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The Guardian, 16th January 2018

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted January 15th, 2019 in legislation by tracey

The Drainage (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

The Horizon 2020 Framework Programme for Research and Innovation (EU Exit) Regulations 2019

The Universal Credit (Transitional Provisions) (SDP Gateway) Amendment Regulations 2019

The Sanctions (Amendment) (EU Exit) Regulations 2019

The Excise Duties (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019

The Excise Duties (Miscellaneous Amendments) (EU Exit) Regulations 2019

The Excise Goods (Holding, Movement and Duty Point) (Amendment etc.) (EU Exit) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 15th, 2019 in law reports by tracey

Supreme Court

Northern Ireland of devolution issues, Reference by the Attorney General for (Northern Ireland) [2019] UKSC 1 (14 January 2019)

High Court (Administrative Court)

Nazeer v Solicitors Regulation Authority [2019] EWHC 37 (Admin) (14 January 2019)

High Court (Chancery Division)

Coats UK Pension Scheme Trustees Ltd v Styles & Ors [2019] EWHC 35 (Ch) (14 January 2019)

High Court (Queen’s Bench Division)

Carruthers v Associated Newspapers Ltd [2019] EWHC 33 (QB) (14 January 2019)

Source: www.bailii.org

Court of Appeal to hear legal challenge over ‘safe zone’ around abortion clinic – Local Government Lawyer

‘The Court of Appeal has granted permission to appeal to claimants who unsuccessfully challenged Ealing Council’s decision to introduce – through a public spaces protection order – a “safe zone” outside an abortion clinic.’

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Local Government Lawyer, 14th January 2019

Source: www.localgovernmentlawyer.co.uk

Prosecution by council sees handyman jailed for defrauding vulnerable resident – Local Government Lawyer

Posted January 15th, 2019 in elderly, fraud, news, sentencing by tracey

‘A gardener and handyman has been sentenced to 20 months in jail, suspended for two years, after he defrauded a vulnerable elderly resident out of more than £6,000.’

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Local Government Lawyer, 14th January 2018

Source: www.localgovernmentlawyer.co.uk

Bar Council renews attack on BSB over price transparency – Legal Futures

Posted January 15th, 2019 in barristers, fees, news by tracey

‘The Bar Council is still unhappy with the price transparency regime proposed by the Bar Standards Board (BSB), despite the regulator’s decision to limit publication of information about fees to public access work.’

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Legal Futures, 15th January 2019

Source: www.legalfutures.co.uk

Is it enough for the Court to make an order when a child does not want to see his mum or dad? – Family Law

Posted January 15th, 2019 in children, families, news, residence orders by tracey

‘When we explain the potential stages of private children proceedings to concerned parents, some roll their eyes, sigh, cry and ultimately get frustrated at not only the length of the process and the costs, but also the fact that because the child says he does not want to see one parent, the proceedings don’t come to an automatic halt, according to Rebecca Ranson, solicitor at Maquire Family Law.’

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Family Law, 15th January 2019

Source: www.familylaw.co.uk

Criminalising imams will not solve the problem of unregistered marriages – Family Law

Posted January 15th, 2019 in bills, Islam, marriage, news, registrars by tracey

‘In this post Russell Sandberg, Professor of Law at Cardiff University, questions the current proposal for celebrants to face criminal penalties if they fail to ensure the marriage is also civilly registered. He argues that this will not cure concerns about unregistered religious marriages but rather underlines the need for comprehensive reform.’

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Family Law, 15th January 2019

Source: www.familylaw.co.uk

Investigatory Powers Tribunal Rules 2018 – UK Police Law Blog

Posted January 15th, 2019 in investigatory powers, news, regulations, tribunals by tracey

‘The new Investigatory Powers Tribunal Rules 2018 came into force on 31 December 2018, revoking the 2000 rules: See here. The 2018 rules apply to all section 7 Human Rights Act 1998 proceedings before the Tribunal and all covert investigatory powers complaints under section 65 of the Regulation of Investigatory Powers Act 2000, including those which were made before the new rules came into force.’

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UK Police Law Blog, 14th January 2019

Source: ukpolicelawblog.com

s35 FOIA Updates from the Upper Tribunal – Panopticon

‘A couple of recent Upper Tribunal cases have been handed down on the section 35(1) FOIA exemption for the formulation or development of government policy and for Ministerial communications. Both concern documents produced at the highest levels of Government. Both nudge the jurisprudence on a little bit, and both are worth being aware of for those concerned.’

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Panoptiocn, 14th January 2018

Source: panopticonblog.com

Fraud case shows importance of internal investigations – OUT-LAW.com

Posted January 15th, 2019 in confidentiality, contracts, database right, employment, fraud, news, privilege by tracey

‘A recent High Court case demonstrates that companies will usually need to carry out their own internal investigations before being able to successfully obtain certain court orders in cases of suspected employee fraud, an expert has said.’

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OUT-LAW.com, 14th January 2019

Source: www.out-law.com

Reforms to UK trade mark laws take effect – OUT-LAW.com

Posted January 15th, 2019 in news, regulations, trade marks by tracey

‘Businesses should note changes made to UK trade mark laws that came into effect on Monday, an expert has said.’

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OUT-LAW.com, 14th January 2019

Source: www.out-law.com

Whether Rates Proposal Invalidated by Omission – Local Government Law

Posted January 15th, 2019 in leases, mistake, news, rates, rent by tracey

‘In Alam v Valuation Officer (2018) UKUT 266 (LC) Mr Alam is the proprietor of the restaurant. He took a lease of a Property. His agents submitted a proposal to reduce the rateable value of the Property. In their proposal they stated correctly that Mr Alam was the occupier of the Property but also stated that the Property was “owner/occupied”. The proposal was completed in that way because of a misunderstanding between Mr Alam and his agents. As a result, the agents did not include any information in response to the question “if not owner/occupied, is a rent or licence fee paid?” and, in particular, did not state the rent payable, the date it had first become payable and the date of the next rent review. All of this was information required by Regulation 6(3) of the Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2009 (“the 2009 Regulations”). The issue in Mr Alam’s appeal to the Upper Tribunal (Lands Chamber) concerned the consequence of the mis-statement of the capacity in which Mr Alam occupied the Property and the omission of any information about the rent payable. The Valuation Tribunal for England (“VTE”) found that the proposal was invalid, explaining: “… in whatever circumstances to omit the rent from the proposal was a substantial failure to comply with the Regulations. The panel was therefore persuaded that the error was so fundamental that the proposal could not in any circumstances be treated as valid.” ‘

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Local Government Law, 9th January 2019

Source: local-government-law.11kbw.com