Disability Discrimination: Chief Constable of Gwent Police v Parsons and Roberts – Old Square Chambers

‘The Claimants were two police officers aged 48 and 44 who were disabled under Equality Act 2010 (EqA). Because they were also unable to carry out the normal duties of a police officer, they were both awarded “H1 certificates” by the Force Medical Officer, which among other things, gave them the right to have immediate access to their pension (which would otherwise be deferred) if they left the police force before their normal retirement age.’

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Old Square Chambers, 3rd March 2020

Source: www.oldsquare.co.uk

What is the hidden impact of the menopause at the Bar? – No. 5 Chambers

Posted March 17th, 2020 in barristers, barristers' clerks, diversity, news, women by sally

‘We know that retention rates for women at the Bar are poor. Women come into the profession in high numbers (there has been an approximately 50:50 gender split of those called to the Bar maintained since around 2000), but by 15 years call that drops to around 30% of barristers who are female, and only approximately 15% of all silks were women as at 2019.’

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No. 5 Chambers, 28th February 2020

Source: www.no5.com

Online political ads should be labelled, says Law Commission – The Guardian

Posted March 17th, 2020 in advertising, internet, Law Commission, news, political parties by sally

‘Online political adverts should be labelled or “imprinted” to show who is paying for them, according to the Law Commission, which warns that there is a “very real risk of the electoral process losing credibility”.’

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The Guardian, 17th March 2020

Source: www.theguardian.com

Are meaning hearings the new norm? – Law Society’s Gazette

Posted March 17th, 2020 in budgets, costs, defamation, interpretation, news by sally

‘While words can mean different things to different people, in libel the parties are concerned with finding the single meaning the words complained of bear. Meaning is important, because it will determine to a large extent what defences a defendant could viably run (for example truth or honest opinion).’

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Law Society's Gazette, 16th March 2020

Source: www.lawgazette.co.uk

‘Casual’ and ‘fragmented’ approach to welfare of immigration detainee resulted in his death – UK Human Rights Blog

Posted March 17th, 2020 in death in custody, detention, immigration, inquests, news by sally

‘Following an Article 2 inquest into the tragic death of Prince Fosu, a vulnerable foreign national detained in an immigration removal centre, a jury has found that Mr Fosu’s death was avoidable and was caused by a number of gross failures on the part of the Home Office and various agencies to provide appropriate care in immigration detention at Harmondsworth Immigration Removal Centre.’

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UK Human Rights Blog, 16th March 2020

Source: ukhumanrightsblog.com

Fearn & Ors v Board of Trustees of the Tate Gallery [2020] EWCA Civ 104 – Tanfield Chambers

Posted March 17th, 2020 in human rights, news, nuisance, privacy by sally

‘There was no cause of action that existed in respect of a private nuisance for overlooking. The instant case was more akin to an invasion of privacy rather than nuisance, and Parliament should be the body to legislate that area rather than the Courts.’

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Tanfield Chambers, 25th February 2020

Source: www.tanfieldchambers.co.uk

No whiplash rules until May as clock ticks down to launch – Legal Fututes

‘Personal injury law firms and insurers look unlikely to have sight of the new rules governing the whiplash portal until May as they were not signed off at this month’s meeting of the Civil Procedure Rule Committee (CPRC), it has emerged.’

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Legal Futures, 17th March 2020

Source: www.legalfutures.co.uk

Sexual predator jailed for luring aspiring models to free photoshoot where he would drug and molest them – Daily Telegraph

Posted March 17th, 2020 in assault, false imprisonment, news, sentencing, sexual offences by sally

‘A serial sexual abuser has been jailed for luring aspiring models to photoshoots where he would ply them with drugged alcohol, wait for them to pass out and assault them.’

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Daily Telegraph, 14th March 2020

Source: www.telegraph.co.uk

Denton Resource – St John’s Chambers

‘This most recent edition of the Denton Resource includes, in a thematic at-a-glance format, over 200 post-Denton cases decided up to 31 December 2019. It will be of interest to practitioners in all fields of civil litigation dealing with applications where the three-stage Denton approach is to be applied.’

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St John's Chambers, 10th February 2020

Source: www.stjohnschambers.co.uk

Will construction—failure of trust (Jeffreys and others v Scruton and others) – Wilberforce Chambers

Posted March 17th, 2020 in chambers articles, news, trusts, wills by sally

‘The Will established a discretionary trust for the testatrix’s issue with a standard power to add any person as an additional beneficiary during the 80-year trust period and wide powers to appoint and apply capital and income. It directed that ‘in default of and subject to any exercise of’ those powers, the trustees should hold the trust fund (i) on expiry of the trust period for her issue (if any) then living and (ii) ‘if at any time the trusts declared by the foregoing provisions fail’ on trust for her nephews and nieces absolutely (subject to attaining age 18 or previously marrying). The testatrix had one child, who predeceased her. The question raised by the trustees was whether the power to add a beneficiary remained exercisable, or whether the trust fund was held exclusively for the nephews and nieces. The court held that upon the testatrix’s death the discretionary trusts had failed—that the power to add was not exercisable—and that the trust fund was accordingly held on trust for the class of nephews and nieces entitled under Clause 5(c)(iii) of the Will.’

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Wilberforce Chambers, 12th March 2020

Source: www.wilberforce.co.uk

Legal aid lawyers call for government support over Covid-19 – Legal Futures

Posted March 17th, 2020 in coronavirus, law firms, legal aid, news, rates by sally

‘Criminal defence solicitors have called for expedited legal aid payments and an extension of the business rate holiday to law firms with contracts to combat the impact of Covid-19.’

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Legal Futures, 17th March 2020

Source: www.legalfutures.co.uk

Plan to extend early prisoner release scheme – BBC News

Posted March 17th, 2020 in early release, news, prisons, rehabilitation by sally

‘The government is planning to extend a scheme which allows some prisoners to be freed early to ease pressures in jails across England and Wales.’

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BBC News, 17th March 2020

Source: www.bbc.co.uk

British American Tobacco circumventing ad ban, experts say – The Guardian

Posted March 17th, 2020 in advertising, internet, news, smoking by sally

‘British American Tobacco (BAT) is marketing e-cigarettes and heated cigarettes with pictures of attractive models and using hashtags such as “I dare you to try it”, despite a crackdown last year after it paid social media influencers to promote its products.’

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The Guardian, 17th March 2020

Source: www.theguardian.com

Ealing rape victim’s family donate £10,000 to legal claim against CPS – The Guardian

‘The family of Jill Saward, the Ealing rape victim who became a leading figure in the fight against sexual violence, has donated thousands of pounds to a legal challenge against the Crown Prosecution Service.’

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The Guardian, 14th March 2020

Source: www.theguardian.com

EP 104: The Status of EU law During the Transition Period and Beyond – Law Pod UK

Posted March 16th, 2020 in brexit, EC law, news by sally

‘In Episode 104, an esteemed panel of speakers discuss the complexities of EU law during the Brexit transition period and beyond, as part of an event hosted by the Constitutional and Administrative Bar Association. The panel features Lord Anderson of Ipswich, Professor Catherine Barnard, Professor of European Union law at Cambridge and Alison Pickup, Legal Director at the Public Law Project.’

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Law Pod UK, 11th March 2020

Source: audioboom.com

Child sex abuser given ‘preferential treatment’, says damning report – The Guardian

‘A top civil servant and a senior member of the royal household have both been criticised in an official report examining attempts by a victim of child sex abuse to have his abuser stripped of an honour.’

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The Guardian, 14th March 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 16th, 2020 in legislation by tracey

The Social Security (Contributions) (Rates, Limits and Thresholds Amendments and National Insurance Funds Payments) Regulations 2020

The Tax Credits, Child Benefit and Guardian’s Allowance Up-rating Regulations 2020

The Legal Services Act 2007 (Designation as a Licensing Authority) Order 2020

The Pensions Increase (Review) Order 2020

The Statutory Parental Bereavement Pay (Miscellaneous Amendments) Regulations 2020

The Social Security (Contributions) (Amendment) Regulations 2020

The Social Security Contributions (Decisions and Appeals) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 16th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Simonis, R (On the Application Of) v Arts Council England (Rev 2) [2020] EWCA Civ 374 (13 March 2020)

L M Homes Ltd & Anor v Queen Court Freehold Company Ltd [2020] EWCA Civ 371 (13 March 2020)

High Court (Administrative Court)

Dempsey v Government of the United States of America [2020] EWHC 603 (Admin) (13 March 2020)

Jasvins v General Prosecutor’s Office Latvia [2020] EWHC 602 (Admin) (13 March 2020)

High Court (Chancery Division)

Madison Pacific Trust Ltd v Shakoor Capital Ltd & Anor [2020] EWHC 610 (Ch) (16 March 2020)

Punjab National Bank (International) Ltd v Techtrek India Ltd & Ors [2020] EWHC 539 (Ch) (13 March 2020)

High Court (Commercial Court)

Dell Emerging Markets (EMEA) Ltd & Ors v Systems Equipment Telecommunications Services S.A.L [2020] EWHC 561 (Comm) (13 March 2020)

High Court (Queen’s Bench Division)

Reid v Price [2020] EWHC 594 (QB) (13 March 2020)

EXE v The Governors of the Royal Naval School [2020] EWHC 596 (QB) (13 March 2020)

DSN v Blackpool Football Club Ltd [2020] EWHC 595 (QB) (13 March 2020)

Source: www.bailii.org

Short lets and breach of lease – Nearly Legal

Posted March 16th, 2020 in holidays, housing, leases, news, tribunals by sally

‘A couple of First Tier Tribunal decisions to add to the growing pile of findings that short let use is in breach of lease.’

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Nearly Legal, 14th March 2020

Source: nearlylegal.co.uk

HMCTS issues guidance for courts and tribunals users during coronavirus outbreak – Local Government Lawyer

‘HM Courts and Tribunals Service has today (13 March) issued guidance for all court and tribunal users during the coronavirus outbreak.’

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Local Government Lawyer, 13th March 2020

Source: www.localgovernmentlawyer.co.uk