Day: 26 September 2019

Warrants of possession – fresh grounds and Equality Act defences – Nearly Legal

Posted September 26th, 2019 in landlord & tenant, news, rent, repossession, warrants by tracey

‘Where a landlord already has a possession order for rent arrears, but then seeks a warrant also on the basis of anti-social behaviour, the usual route has been for the landlord to ask the court to consider whether the warrant should be stayed in light of the allegations of ASB, even if the court would be minded to stay the warrant on the arrears. This was the approach in Sheffield City Council v Hopkins (2001) EWCA Civ 1023, which suggested a summary approach to fact finding in such cases.’

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Nearly Legal, 22nd September 2019

Source: nearlylegal.co.uk

Vegetarianism as a protected characteristic: another view on Conisbee – Law & Religion UK

Posted September 26th, 2019 in diversity, employment, employment tribunals, equality, human rights, news, vegetarianism by tracey

‘In Conisbee v Crossley Farms Ltd & Ors [2019] ET 3335357/2018, Employment Judge Postle gave a reserved judgment in which he found that the Claimant’s contention that vegetarianism could be a protected characteristic under the Equality Act 2010 was not well-founded. The judgment has already been noted in this blog; in this supplementary post I will be focusing on the ET’s sharp distinction between vegetarianism and veganism, which it used – rashly – to find that ethical vegetarianism was incapable of constituting a religion or belief under the Equality Act 2010.’

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Law & Religion UK, 23rd September 2019

Source: www.lawandreligionuk.com

BAILII: Recent Decisions

Posted September 26th, 2019 in law reports by tracey

High Court (Chancery Division)

Wallace v Wallace [2019] EWHC 2503 (Ch) (25 September 2019)

High Court (Commercial Court)

ABC v Shulmans LLP [2019] EWHC 2458 (Comm) (25 September 2019)

SAS Institute Inc v World Programming Ltd [2019] EWHC 2481 (Comm) (25 September 2019)

SAS Institute Inc v World Programming Ltd [2019] EWHC 2496 (Comm) (25 September 2019)

High Court (Family Division)

London Borough of Croydon v KR & Anor [2019] EWHC 2498 (Fam) (25 September 2019)

High Court (Patents Court)

Price & Ors v Flitcraft Ltd & Ors [2019] EWHC 2476 (Pat) (12 September 2019)

High Court (Queen’s Bench Division)

Trainer v Cramer Pelmont (a firm) [2019] EWHC 2501 (QB) (25 September 2019)

Source: www.bailii.org

UK fine issued for breach of CMA initial enforcement order – OUT-LAW.com

Posted September 26th, 2019 in competition, electronic commerce, mergers, news, penalties by tracey

‘A payments provider that breached an order to stop the integration of its UK business with a rival until a full merger investigation could be carried out has been fined £250,000 by the Competition and Markets Authority (CMA).’

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OUT-LAW.com, 26th September 2019

Source: www.pinsentmasons.com

Sam Fowles: Cherry/Miller: What’s Next? – UK Constitutional Law Association

Posted September 26th, 2019 in brexit, constitutional law, ministers' powers and duties, news, parliament, prerogative powers, prorogation by tracey

‘Yesterday the Supreme Court handed down its unanimous judgement in Cherry and Others v The Advocate General and Miller v the Prime Minister. The court found that the Prime Minister’s decision to prorogue parliament was unlawful and, consequently, null and void. This article aims to identify some of the immediate constitutional and political impacts of that decision.’

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UK Constitutional Law Association, 26th September 2019

Source: ukconstitutionallaw.org

CPS secures first upskirting convictions – Crown Prosecution Service

Posted September 26th, 2019 in Crown Prosecution Service, guilty pleas, news, photography, prosecutions, voyeurism by tracey

‘Four men have been convicted so far under the new “upskirting” legislation, the Crown Prosecution Service can reveal.’

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Crown Prosecution Service, 25th September 2019

Source: www.cps.gov.uk

Automatic email sign-off counts as signature, rules High Court – Law Society’s Gazette

Posted September 26th, 2019 in compromise, contracts, electronic mail, news, solicitors by tracey

‘The High Court has ordered that a compromise contract be completed after ruling that a solicitor’s automatic email sign-off was proof of signature.’

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Law Society's Gazette, 25th September 2019

Source: www.lawgazette.co.uk

HMP Coldingley prisoners ‘throw human waste out of cell windows’ – BBC News

Posted September 26th, 2019 in health & safety, news, prisons, reports by tracey

‘Prison inmates have been resorting to throwing human waste out of their cell windows because of a lack of toilets, a report has found. The Independent Monitoring Board said it was “appalled at the lack of in-cell sanitation” at Surrey’s HMP Coldingley.’

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BBC News, 26th September 2019

Source: www.innertemplelibrary.com

UK courts powerless to prevent deportation of girl, 10, at risk of FGM – The Guardian

Posted September 26th, 2019 in asylum, deportation, female genital mutilation, news by tracey

‘A British court has said it has no power to stop the deportation of a 10-year-old girl at risk of female genital mutilation (FGM) after authorities rejected her mother’s asylum application.’

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The Guardian, 25th September 2019

Source: www.theguardian.com

Volunteer police officer jailed for using Snapchat to sexually groom underage girls – The Independent

Posted September 26th, 2019 in child abuse, guilty pleas, news, sentencing, sexual grooming by tracey

‘A volunteer police officer has been jailed for using Snapchat to sexually groom underage girls.’

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The Independent, 25th September 2019

Source: www.independent.co.uk

MoD still treating some military personnel in an ‘immoral’ way with ‘no accountability for incompetence’ say MPs – Daily Telegraph

Posted September 26th, 2019 in armed forces, families, news, remuneration by tracey

‘The MoD has been accused of being “immoral and incompetent” as MPs say it is failing to uphold the Armed Forces covenant. The Defence Select Committee says the government has yet to tackle major concerns raised in its previous reports on the Armed Forces Covenant, according to its latest update which is published today.’

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Daily Telegraph, 25th September 2019

Source: www.telegraph.co.uk