Can a one-off decision amount to a PCP? Generally not, unless it can be shown that the decision, act or omission relied upon would be the same in a similar situation, says the Court of Appeal in Ishola v Transport for London [2020] EWCA Civ 112 – 3PB

‘Mr Ishola was employed by the respondent (TfL) as a customer services administrator. He was at all material times a disabled person suffering with depression and migraines. He raised a grievance about the conduct of a colleague in April 2015 which was not upheld, shortly after which he went on long-term sick leave. The sickness absence was managed by the respondent through a process of referrals to occupational health doctors and management review meetings. Ms Bhaimia was appointed as the “People Management Adviser” (or PMA) responsible for dealing with the claimant. The task of managing his absence on sick leave was given to Mr Walters.’

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3PB, 2nd March 2020

Source: www.3pb.co.uk

Inquest concludes into death of IPP prisoner Charlotte Nokes seven years over original tariff – Garden Court Chambers

Posted March 24th, 2020 in chambers articles, death in custody, inquests, news, sentencing, standards by sally

‘The inquest into the death of Charlotte Nokes has concluded with the jury finding her death was by ‘natural causes’. Charlotte was 38 when she was found dead in her cell in HMP Peterborough on the morning of 23 July 2016. She was serving an indefinite Imprisonment for Public Protection (IPP) sentence and was over seven years over the minimum tariff when she died.’

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Garden Court Chambers, 4th March 2020

Source: www.gardencourtchambers.co.uk

A new code of audit practice – Law Society’s Gazette

Posted March 24th, 2020 in auditors, codes of practice, local government, news by sally

‘‘Whan that Aprill, with his shoures soote/ The droghte of March hath perced to the roote’. So, in 1387, opened the prologue to Canterbury Tales. But if April inspired Chaucer’s characters to begin their famous pilgrimage, local authority lawyers and auditors will soon also find a new spring in their steps. For on 1 April 2020 there will be a new Code of Audit Practice.’

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Law Society's Gazette, 23rd March 2020

Source: www.lawgazette.co.uk

Emergency legislation on possession claims – Nearly Legal

‘I’ve seen the draft amendments to the Coronavirus Bill on housing possession. A word of caution, this was a draft from 22 March, not the actual amends due to be put forward today 23 March. I was waiting for those to be made public to check, but that has not happened as of 6 pm. There may have been some changes, but my understanding is it was going ahead as per the draft.’

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Nearly Legal, 23rd March 2020

Source: nearlylegal.co.uk

Legal aid fraud trial stopped as barristers self-isolate – Legal Futures

Posted March 24th, 2020 in barristers, coronavirus, delay, fraud, health, legal aid, live link evidence, news, solicitors by sally

‘The trial of nine lawyers over an alleged plot to scam £11m from the legal aid system was abandoned last Friday after several counsel withdrew to self-isolate.’

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Legal Futures, 24th March 2020

Source: www.legalfutures.co.uk

How far do the government’s new emergency powers go? – The Guardian

‘A new government bill that brings sweeping new powers to shut down mass gatherings, potentially detain people with coronavirus symptoms and weaken the social care safety net is being rushed through parliament. The Guardian’s Peter Walker explains what is at stake.’

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The Guardian, 24th March 2020

Source: www.theguardian.com

Agriculture Bill: “The chickens will win every time” – UK Human Rights Blog

Posted March 24th, 2020 in agriculture, bills, climate change, environmental protection, news, standards by sally

‘Good news from the crisis front, although I’m afraid not the one we’re all thinking of: the government’s Agriculture Bill, which sets out its major post-Brexit agricultural policy, has recently passed committee stage and will soon (coronavirus permitting) be presented to the House of Lords. It shows ambition from the government to develop a post-Brexit agriculture policy with laudable commitments to harnessing the power of farmers to help address the climate crisis, and helps to address issues such as food security. Along with the Environment Bill, discussed here, it constitutes some of the core legislation aimed at achieving the government’s Net Zero by 2050 goal.’

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UK Human Rights Blog, 23rd March 2020

Source: ukhumanrightsblog.com

UK has multiple social rights failings, finds Council of Europe – The Guardian

Posted March 24th, 2020 in human rights, news, reports, standards by sally

‘The UK’s low age of criminal responsibility, minimum pay rates for young teenagers and the failure to outlaw all forms of corporal punishment breach Council of Europe standards for social rights, according to its latest report.’

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The Guardian, 24th March 2020

Source: www.theguardian.com

Alex Davies stabbing: Teen guilty of Grindr date murder – BBC News

Posted March 24th, 2020 in internet, murder, news, young offenders by sally

‘A teenager has been convicted of the murder of a sales assistant who he stabbed more than 100 times and left in a remote woodland location.’

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BBC News, 23rd March 2020

Source: www.bbc.co.uk

Coronavirus: Union To Sue Government Over ‘Failure To Protect Precarious Workers’ – Each Other

‘The UK government is facing a legal challenge over claims it is failing to protect the wages and jobs of millions of workers amid the coronavirus pandemic.’

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Each Other, 23rd March 2020

Source: eachother.org.uk

Coronavirus, sport & the law of frustration and force majeure – Sports Law Bulletin from Blackstone Chambers

Posted March 23rd, 2020 in chambers articles, contracts, coronavirus, news, sport by sally

‘The decision of the English Premier League, Football League and the Scottish FA to suspend football matches as a result of corona virus is the latest in a series of unprecedented responses to the global pandemic. Nick De Marco QC discusses the legal issues in sport arising from the worldwide health crisis.’

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Sports Law Bulletin from Blackstone Chambers, 13th March 2020

Source: www.sportslawbulletin.org

Occupier’s Liability – Who Do You Owe a Duty of Care To? – Becket Chambers

Posted March 23rd, 2020 in chambers articles, duty of care, news by sally

‘The 1957 Act was enacted to regulate the duty of care which an occupier of premises owes to its visitors. The occupier owes the same duty of care to all its visitors, except in so far as the duty may be extended, restricted, modified or excluded in some circumstances.’

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Becket Chambers, 4th March 2020

Source: becket-chambers.co.uk

Coronavirus and Information Law – Panopticon

Posted March 23rd, 2020 in bills, chambers articles, coronavirus, data protection, news by sally

‘Here are some initial responses to the Coronavirus pandemic from an information law perspective.’

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Panopticon, 20th March 2020

Source: panopticonblog.com

Issuing an EHC Plan—the meaning of ‘necessary’ (Nottinghamshire County Council v SF and another) – 3PB

‘The Court of Appeal held that the First-Tier Tribunal (FTT) had correctly construed the meaning of ‘necessary’ in section 37(1) of the Children and Families Act 2014 (CFA 2014) in finding that it was necessary for special educational provision to be made for HD in accordance with an EHC Plan. This was despite his school having identified his needs, made provision to meet those needs and HD making progress at school. The court considered and affirmed the approach to making a determination under CFA 2014, s 37, determining what is ‘necessary’ requires an evaluative judgment based on the facts of each case.’

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3PB, 9th March 2020

Source: www.3pb.co.uk

Government identifies justice system’s keyworkers – Legal Futures

‘Legal professionals involved in court and tribunal hearings, as well as those advising people deprived of their liberty or on executing wills are ‘keyworkers’, the Ministry of Justice (MoJ) has said.’

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Legal Futures, 23rd March 2020

Source: www.legalfutures.co.uk

Paralegal banned for settling PI claim without authority – Litigation Futures

‘A personal injury paralegal who settled his client’s claim without her authority for less than counsel had advised, and then misled her into retrospectively agreeing, has been banned from the profession.’

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Litigation Futures, 20th March 2020

Source: www.litigationfutures.com

What You Need To Know About The Coronavirus Bill – Each Other

Posted March 23rd, 2020 in bills, coronavirus, detention, enforcement, immigration, news, police by sally

‘The Emergency Coronavirus Bill will grant police, immigration officers and public health officials new powers to detain “potentially infectious persons” and put them in isolation facilities.’

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Each Other, 20th March 2020

Source: eachother.org.uk

Inquest jury concludes multiple failures at HMP Nottingham contributed to self-inflicted death of Ben Ireson – Garden Court Chambers

Posted March 23rd, 2020 in death in custody, inquests, juries, news, prisons, standards, suicide by sally

‘Benjamin Ireson, known as Ben, was a much-loved son, brother, uncle and friend to many. He was found hanged in his cell at HMP Nottingham on 13 December 2018. He was 31 years old.’

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Garden Court Chambers, 9th March 2020

Source: www.gardencourtchambers.co.uk

Immigration Status of a Parent in an Application for a Child Arrangements Order by Lucy Coen – Broadway House Chambers

‘There can often be an interplay between family and immigration proceedings. This article seeks to give some guidance to family practitioners when the immigration status of a parent in contact proceedings is a live issue.’

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Broadway House Chambers, 19th March 2020

Source: broadwayhouse.co.uk

New UK taskforce to crack down on coronavirus profiteers – The Guardian

Posted March 23rd, 2020 in competition, consumer protection, coronavirus, news, ombudsmen, sale of goods by sally

‘The competition watchdog is setting up a coronavirus taskforce to crack down on companies that cash in during the outbreak by bumping up prices or exploiting people’s fears with misleading claims about products.’

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The Guardian, 20th March 2020

Source: www.theguardian.com