Environmental Law News Update – Six Pump Court

Posted January 17th, 2020 in bills, climate change, environmental protection, local government, news, nuisance by sally

‘In this latest Environmental Law News Update, Charles Morgan, Gordon Wignall and Mark Davies consider the Wellbeing of Future Generations Bill, the Dutch Supreme Court’s ruling in the Urgenda litigation and the role of local authorities in climate change and nuisance law.’

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Six Pump Court, 15th January 2020

Source: www.6pumpcourt.co.uk

Gareth Price reviews the need for a detriment to take place within the “employment field”. – Parklane Plowden Chambers

Posted January 17th, 2020 in appeals, disclosure, employment, employment tribunals, news, unfair dismissal by sally

‘The Court of Appeal has considered an interesting argument regarding an employee who, ostensibly, made protected disclosures and allegedly suffered detriments as a result – but may not have done so within the ‘employment field’; Tiplady v. City of Bradford Metropolitan District Council [2019] EWCA Civ 2180.’

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Parklane Plowden Chambers, 14th January 2020

Source: www.parklaneplowden.co.uk

Ethical Veganism as a Protected Characteristic – St John’s Building

‘An employment tribunal has ruled that ethical veganism is a philosophical belief that is protected by law against discrimination. In Jordi Casamitjana v the League Against Cruel Sports (LACS) JC complains of unfair dismissal having raised concerns with colleagues that its pension fund invested in companies involved in animal testing. The charity did not contest that ethical veganism should be protected but will argue at trial that JC was dismissed for gross misconduct.’

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St John's Buildings, 9th January 2020

Source: stjohnsbuildings.com

Professional liability round up of 2019 – 4 New Square

‘The 2019 professional liability case law was dominated by four core themes, which arose repeatedly in numerous contexts in claims against lawyers and auditors in particular:

-Multiple interlocking attacks on different aspects of the “loss of a chance” doctrine, anchored in both “lost litigation” claims and defective business deals. As we explain, the case law has been marked by various parties trying to opt out of parts of the existing Allied Maples doctrine, or bend the requirements to their particular circumstances.
-The continued adoption of “assumption of responsibility” as the appropriate test for duty of care to non-clients, and the extent to which the principle is relevant to the scope of duty owed to a client.
-The debate over how the distinction between “information” and “advice” cases plays out in the context of the respective duties of auditors and directors for the running of companies (both in the context of scope of duty and contributory negligence).
-The way in which a claimant’s wrongdoing should “taint” a claim against a professional. This theme emerged in the loss of a chance context, in respect of “ex turpi causa”, and in relation to the ever-challenging issue of attribution.’

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4 New Square, 7th January 2020

Source: www.4newsquare.com

BAILII: Recent Decisions

Posted January 17th, 2020 in law reports by tracey

Court of Appeal (Criminal Division)

Thomas, R. v [2020] EWCA Crim 4 (16 January 2020)

Source: www.bailii.org

Lifting the automatic suspension in procurement claims (Alstom v Network Rail) – Henderson Chambers

Posted January 17th, 2020 in damages, news, public procurement, railways by sally

‘The court provided a closely reasoned judgment granting Network Rail’s application to lift the automatic suspension which arose on issue of a procurement challenge by Alstom pursuant to Regulation 110 of the Utilities Contracts Regulations 2016 (SI 2016/274). The court’s approach and the principles that it employed are likely to be equally applicable to an application to lift the automatic suspension under the Public Contracts Regulations 2015 (SI 2015/102). As the court found that damages would be an adequate remedy for Alstom but not an adequate remedy for Network Rail, Network Rail’s application was granted. Written by Jonathan Lewis, barrister, at Henderson Chambers.’

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Henderson Chambers, 9th January 2020

Source: www.hendersonchambers.co.uk

Community order for hacker who stole over 10,000 files from Royal Stoke Hospital – Crown Prosecution Service

Posted January 17th, 2020 in community service, computer crime, data protection, hospitals, news, sentencing by tracey

‘A former Royal Stoke Hospital employee, who used malicious software to crack the passwords of his co-workers and access over 10,000 confidential hospital files, has been given a 12-month community order.’

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Crown Prosecution Service, 16th January 2020

Source: www.cps.gov.uk

Bar Council responds to televised court plans – The Bar Council

Posted January 17th, 2020 in barristers, courts, press releases, sentencing, video recordings by tracey

‘Reality TV-style broadcasting of criminals being sentenced comes with risks that need to be guarded against, warns the Bar Council today as the Government looks to make the justice system more open with plans to film Crown Court sentencing.’

Full press release

The Bar Council, 16th January 2020

Source: www.barcouncil.oeg.uk

Trustee Recruitment

Posted January 17th, 2020 in by sally

Are you passionate about access to justice?

Could you shape future strategy for public legal education?

Public legal education enables people to understand that the problems they encounter in their daily lives may have legal dimensions, and empowers them to resolve problems and secure access to justice. Public legal education is a particularly important tool for reaching people in disadvantaged communities.

Law for Life is the leading public legal education charity in the UK. We strive for social justice by legally empowering individuals and communities. We believe everyone should be equipped with the knowledge, confidence and skills needed to deal with the law-related issues they are likely to encounter in the course of their lives. We run the award-winning Advicenow website, which provides practical resources for individuals and intermediaries on how to deal with life’s legal problems. We provide education and training on housing, welfare and immigration law to community groups, activists, and volunteers and staff of small NGOs. We conduct research with academic institutions into the theory and practice of public legal education and we have grown an international reputation as public legal education experts. As a member of the board you will ultimately be responsible for the overall direction, vision and strategy of Law for Life. We are looking for an inspiring and committed trustee to work alongside the Chair, Board and CEO to ensure sound strategic development.

You will have the ability to innovate and to think strategically, while demonstrating sound judgement. You will help us to move on to the next stage of our important work as a partner in the Litigant in Person Support Strategy and more broadly in developing and delivering public legal education, both at home and

We are looking to appoint individuals who share our values and would like to become involved. In particular we would also like to hear from:

• People with digital, media and business experience, in particular ecommerce skills;
• People with experience of managing and delivering adult education services;
• People with experience of income generation and funding development;
• People with knowledge and understanding of disadvantaged communities.

This role is voluntary and unpaid but reasonable expenses will be reimbursed. Trustees are expected to attend approximately six meetings and one away day each year, and the overall time commitment is around one day a month.

If you would like any further information and an application form please email mihaela.rosca@lawforlife.org.uk.

Application also available to download at https://lawforlife.org.uk/blog/law-life-recruiting-new-trustee/ Applications deadline: midnight Wednesday 12th February 2020

Weightmans entitled to fire worker over internet browsing, tribunal rules – Law Society’s Gazette

‘National firm Weightmans acted within the law to sack a long-serving staff member over her internet usage whilst at work, an employment tribunal has found.’

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Law Society's Gazette, 17th January 2020

Source: www.lawgazette.co.uk

Teenager who threatened suicide on road prosecuted for third time – The Guardian

‘A teenager with long-term mental health problems has been prosecuted three times in the last nine months after threatening suicide near busy roads.’

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The Guardian, 16th January 2020

Source: www.theguardian.com

Uber driver banned after passengers hold ladder out of window – BBC News

‘An Uber driver caught on camera carrying passengers holding a ladder out of the window of his car has had his licence suspended.’

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BBC News, 16th January 2020

Source: www.bbc.co.uk

London council’s special needs inquiry caused by ‘systemic failures’ – BBC News

‘At least 5,000 children seeking special educational needs support (Send) are to have their cases reviewed after a London council landed a stinging rebuke from the local government ombudsman. Concerns about “systemic failures” in Richmond’s Send department prompted the watchdog to take the highly unusual step of ordering the full-scale audit.’

Full Story

BBC News, 17th January 2020

Source: www.bbc.co.uk

British government condemned for offering to repatriate children from Syrian Isis camp but not their mother – The Independent

Posted January 17th, 2020 in children, citizenship, families, government departments, human rights, news, terrorism by tracey

‘Human rights campaigners have condemned the British government for reportedly agreeing to repatriate children from Syrian camps on the condition they are separated from their mother.’

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The Independent, 16th January 2020

Source: www.independent.co.uk

Case of the Cat groomer: Chelsea Flower show winner taken to court by neighbours after she ‘adopted’ their cat – Daily Telegraph

Posted January 17th, 2020 in animals, injunctions, news by tracey

‘A Chelsea Flower Show winner was taken to court by her neighbours after being accused of adopting their pet cat by changing its collar, taking it to the vets and letting it into her house.’

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Daily Telegraph, 16th January 2020

Source: www.telegraph.co.uk

Backlash against Sarah’s Law NDAs: Woman who discovered paedophile neighbour taken to court after being accused of telling neighbours – Daily Telegraph

‘Charities have sparked a backlash over the use of NDAs linked to “Sarah’s Law” after a woman who outed her paedophile neighbour was taken to court for revealing his crimes.’

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Daily Telegraph, 17th January 2020

Source: www.telegraph.co.uk

Scores of tower blocks with Grenfell-style cladding have no plan in place to remove it, figures show – The Independent

‘Two and a half years on from fatal Kensington blaze, more than 21,000 households still living in flats wrapped in flammable cladding that allowed fire to rapidly spread’

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The Independent, 16th January 2020

Source: www.independent.co.uk

Dog walker in Sutton Coldfield faces missing pets prosecution – BBC News

Posted January 17th, 2020 in animals, dogs, licensing, news by tracey

‘A dog walker accused of losing several pets in her care is to be prosecuted for animal welfare offences.’

Full Story

BBC News, 16th January 2020

Source: www.bbc.co.uk

Human rights court dismisses MI6 informant Wang Yam’s appeal – The Guardian

Posted January 17th, 2020 in appeals, closed material, health & safety, intelligence services, murder, news by tracey

‘The European court of human rights has dismissed the appeal by the former Chinese dissident and MI6 informant Wang Yam that he had not had a fair trial because his defence evidence was held in secret on grounds of national security.’

Full Story

The Guardian, 16th January 2020

Source: www.theguardian.com