‘Can an employer rely on a contractual confidentiality clause to prevent disclosure of allegations of harassment and discrimination? This was the question posed in Linklaters v. Mellish [2019] EWHC 177, heard by the High Court last week.’
Littleton Chambers, 18th February 2019
Source: www.littletonchambers.com
‘In Manchester Building Society v Grant Thornton UK LLP [2019] EWCA Civ 40, the Court of Appeal yet again had to consider the application of the SAAMCO principle. Perhaps most significantly, the decision underlines the need to distinguish between ‘information’ and ‘advice’ cases when assessing the extent of a defendant’s liability for professional negligence.’
Hardwicke Chambers, 14th February 2019
Source: hardwicke.co.uk
‘The long running saga of whether Uber drivers are workers has been decided in the Court of Appeal and a split court has granted permission to appeal. This blog analyses the differing approaches in the Court of Appeal and the arguments that are likely to be advanced before the Supreme Court.’
Littleton Chambers, 23rd January 2019
Source: www.littletonchambers.com
‘The Ministry of Justice recently updated its guidance for UK nationals who are serving sentences in prisons overseas, and who may wish to serve the remainder of their sentences in the UK. You can read that guidance by clicking here. But what are the conditions which must be met, and what are the practical steps which might be taken to help a UK national serve the remainder of their sentence in their own country? Christopher Sykes from our Criminal Law and Appeals Team looks at how to go about achieving this.’
Doughty Street Chambers, 5th February 2019
Source: insights.doughtystreet.co.uk
‘With the Court of Appeal’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd just a few weeks old, it is hardly surprising that people are looking again at the relationship between insolvency law and adjudication, noting that in cases of liquidation where parties have a cross claim, construction law defers to insolvency law.’
Hardwicke Chambers, 14th February 2019
Source: hardwicke.co.uk
‘A police officer has been found guilty of having sex with a 14-year-old girl he befriended on social media.’
BBC News, 18th February 2019
Source: www.bbc.co.uk
‘If the Withdrawal Agreement is approved, then Parliament will be asked to legislate to give domestic legal effect to its content through the EU (Withdrawal Agreement) Bill. One of the most significant provisions of the Withdrawal Agreement, Article 4, purports to give the entire contents of the Withdrawal Agreement special status within the UK’s constitutional order. Even though the UK would no longer be a Member State, the effect of Article 4 (if implemented) would be to give all of the laws within the Withdrawal Agreement the equivalent legal effect of EU law within a Member State. As a result, the Protocol on Ireland and Northern Ireland (the Protocol), which forms part of the Withdrawal Agreement, would be supreme over any other domestic legislative provisions, and any provisions of the agreement which meet the conditions for direct effect would have direct effect. How the UK courts would be able to enforce this status will be determined by how the UK Parliament decides to legislate to give effect to Article 4 in the EU (Withdrawal Agreement) Act. It is probable that the Government will propose to give the courts the power to disapply domestic legislation inconsistent with the Withdrawal Agreement by replicating the effect of the European Communities Act 1972 (ECA 1972). Article 4 of the WA, as explored below, already includes the obligation to disapply provisions that contravene EU law. This post looks at the questions that might be raised if a UK court was ever asked to disapply domestic legislation on the basis that it was inconsistent with the Protocol. The potential constitutional effect of Article 4 is worth considering in view of the short time that Parliament is likely to have to consider the EU (Withdrawal Agreement) Bill. While the UK courts have been able to disapply domestic legislation since the European Communities Act 1972 (this power was more more fully explored in Benkharbouche v Sec’y of State for Foreign and Commonwealth Affairs in 2017 – see Alison Young’s helpful 2017 blog post on the outcome) was enacted, what is constitutionally novel about Article 4 is the proposal that the courts would be able to do so when the UK is no longer a Member State.’
UK Constitutional Law Association, 19th February 2019
Source: ukconstitutionallaw.org
‘When does time start to run for making an application for permission to appeal? Does the answer change, depending on whether the application is made to the lower or appellate court?’
Hardwicke Chambers, 13th February 2019
Source: hardwicke.co.uk
‘The legal dispute between City giant Linklaters and its former global business development director over his intention to discuss its “ongoing struggle… with women in the workplace” has ended.’
Legal Futures, 19th February 2019
Source: www.legalfutures.co.uk
‘This was a conjoined appeal alongside Bresco v Lonsdale. In this case, Cannon and Primus had already participated in an adjudication, with the decision of the adjudicator favouring Primus. Primus would later enter into a Company Voluntary Arrangement.’
Hardwicke Chambers, 13th February 2019
Source: hardwicke.co.uk
‘The justice secretary has said he wants to end short prison sentences because they do not work and hopes that technology and more community sentences will provide better alternatives to jail.’
The Guardian, 18th February 2019
Source: www.theguardian.com
‘On 22 January 2019 the House of Commons Science & Technology Committee (“STC”) held an inquiry into “Japanese knotweed and the built environment”. It received written submissions from 27 interested parties, ranging from the Law Society and Royal Horticultural Society to companies specialising in the treatment of non-native invasive species and concerned individuals.’
Hardwicke Chambers, 11th February 2019
Source: hardwicke.co.uk
‘A claimant whose solicitors failed to amend the gross settlement box in the Ministry of Justice portal while negotiating with the defendant insurer was stuck with the figure, a circuit judge has ruled.’
Litigation Futures, 19th February 2019
Source: www.litigationfutures.com
‘Colleague Joel Bennathan QC notes the increase in reports of abuse of those in public life, notably the recent “Nazi” slurs levelled against Anna Soubry MP in the street. But is that kind of behaviour a crime, and were the police at fault for not intervening at the time?’
Doughty Street Chambers, 11th January 2019
Source: insights.doughtystreet.co.uk
‘Rory Thomson, a senior associate in the disputes team at CMS, comments on the judgment of the UK Supreme Court in the case of Perry v Raleys Solicitors, which was handed down on 13 February 2019. The judgment is a useful affirmation and clarification of the law on the assessment of causation and loss in professional negligence cases.’
UKSC Blog, 18th February 2019
Source: ukscblog.com
‘Livestock transport has been a controversial subject in the UK for many years. Efforts by public authorities to reduce or mitigate the movement or export of live animals have hitherto foundered on the rocks of free movement of goods (see my post on TFEU Article 35). Despite the ethical controversy, the current position is that long distance transport of nonhuman animals for slaughter is lawful (Barco de Vapor BV v Thanet District Council [2015] Bus LR 593.) ‘
UK Human Rights Blog, 18th February 2019
Source: ukhumanrightsblog.com
‘A man has been found guilty of stabbing a convicted child killer to death.’
The Guardian, 18th February 2019
Source: www.theguardian.com
‘Taken from our recent seminar, ‘Erasure, Remediation and Rights of Appeal in Disciplinary Proceedings’, Mathew Barnes asks the question in his talk about remediation – Can you teach an old dog new tricks?’
Law Pod UK, 18th February 2019
Source: audioboom.com
‘Twenty years ago, an inquiry into the death of teenager Stephen Lawrence called for an overhaul of police procedures and attitudes towards race. But how much has changed?’
BBC News, 19th February 2019
Source: www.bbc.co.uk
‘Neanderthal skulls and the remains of an extinct sloth named after Charles Darwin are among the items requested for repatriation from British institutions, as documents reveal museums are facing calls to return some of their most treasured items to their places of origin.’
The Guardian, 18th February 2019
Source: www.theguardian.com
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