EP 121: Secondary Victim Claims update – Gideon Barth – Law Pod UK

Posted July 30th, 2020 in duty of care, hospitals, news, podcasts, psychiatric damage, third parties by sally

‘In Episode 119 Emma-Louise Fenelon speaks to Gideon Barth about secondary victim claims, and the recent case of Paul v Royal Wolverhampton NHS Trust.’

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Law Pod UK, 28th July 2020

Source: audioboom.com

Misuse of Private Information: A Tort in its Infancy – Pump Court Chambers

‘There has been an avalanche of commentary on the recent decision of the Supreme Court in WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12. The case has provided some welcome guidance on vicarious liability in the wake of the earlier decision of Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11, and also represents the first class action of its kind in the UK.’

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Pump Court Chambers, 23rd July 2020

Source: www.pumpcourtchambers.com

‘It Wasn’t A Choice For Me’: The Gypsy, Roma And Traveller Campaigners Fighting Prejudice – Each Other

Posted July 30th, 2020 in children, minorities, news, racism, school exclusions, travellers by sally

‘“I was just sick of there being so many low expectations about Travellers,” said former teaching assistant Lisa Smith, on what set her on her path to campaign for the rights of the UK’s Gypsy, Roma and Traveller (GRT) children.’

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Each Other, 29th July 2020

Source: eachother.org.uk

Met Police ‘four times more likely’ to use force on black people – BBC News

Posted July 30th, 2020 in London, minorities, news, police, restraint, statistics by sally

‘Metropolitan Police officers are four times more likely to use force against black people compared with the white population, new figures have suggested.’

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BBC News, 30th July 2020

Source: www.bbc.co.uk

Cape v Dring: High Court clarifies the proper approach to applications by non-parties for access to documents referred to at trial under the inherent jurisdiction and open justice principle – Henderson Chambers

‘The Cape v Dring litigation concerns an attempt by a non-party to obtain copies of the trial bundle used during a six-week asbestos trial involving Cape which settled before judgment in early 2017. At first instance the Master granted the non-party permission to have copies of all documents, including the trial bundle of 5000 pages of disclosure, referred to at the trial. The Supreme Court confirmed in July 2019 that the non-party was entitled to written submissions, witness statements and expert reports under the inherent jurisdiction of the court, but remitted the question of what, if any, documents in the trial bundle the non-party should obtain to the original trial judge. On 16 July 2020 Picken J considered that question and held that Mr Dring was not entitled to receive any other documents.’

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Henderson Chambers, 17th July 2020

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Judges urged to quash Helen McCourt killer’s parole – BBC News

‘The mother of a 22-year-old insurance clerk murdered in 1988 has asked judges to quash a Parole Board decision to release her daughter’s killer.’

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BBC News, 29th July 2020

Source: www.bbc.co.uk

What is indirect discrimination and how to identify the right comparator? – Landmark Chambers

Posted July 30th, 2020 in EC law, equality, lectures, news by sally

‘Legal prohibitions on discrimination based upon certain characteristics have been part of UK domestic law for decades. The Foreword to the seminal book Monaghan on Equality Law started as follows:

“Equality”, wrote Rabinder Singh QC (as he then was) some time ago, is the “neglected virtue”. But it is not neglected now. At long last, we have the Equality Act 2010, which brings together the many separate laws against discrimination and tries to make them into a coherent whole. That is easier said than done. If equality is indeed a virtue, then it is a very complicated one.’

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Landmark Chambers, July 2020

Source: www.landmarkchambers.co.uk

CPS unveils five-year blueprint to boost rape convictions – The Guardian

Posted July 30th, 2020 in Crown Prosecution Service, news, prosecutions, rape, victims by sally

‘The Crown Prosecution Service has launched a new strategy to tackle tumbling rates of charging and prosecution for rape, following sustained criticism that the service is failing victims of sexual assault.’

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The Guardian, 30th July 2020

Source: www.theguardian.com

Enforcing an adjudicator’s decision where no order for payment – Practical Law Construction Blog

‘Much has been written on the Supreme Court case of Bresco v Lonsdale and it has most recently been relied on by a party in the adjudication enforcement case of WRW Construction Ltd v Datblygau Davies Developments Ltd. However, as will be discussed in this blog, it was of limited assistance.’

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Practical Law Construction Blog, 28th July 2020

Source: constructionblog.practicallaw.com

High Court provides clarity on third-party access to court documents – OUT-LAW.com

‘The English High Court has refused to give access to court documents on the basis that doing so would not advance the principles of open justice.’

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OUT-LAW.com, 28th July 2020

Source: www.pinsentmasons.com

Barclays Bank plc v Various Claimants: further blurring boundaries in employment status? – by Anna Williams – UK Human Rights Blog

‘In a judgment handed down on 1 April 2020, the Supreme Court reversed the decisions of Nicola Davies J (as she then was) and a unanimous Court of Appeal, allowing the appeal on the ground that no vicarious liability can lie for the acts of an independent contractor: Barclays Bank plc v Various Claimants (“Barclays”).’

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UK Human Rights Blog, 28th July 2020

Source: ukhumanrightsblog.com

Commercial sets join forces to launch mentoring scheme – Litigation Futures

Posted July 29th, 2020 in barristers, diversity, equality, news by tracey

‘Six leading commercial sets have joined forces to launch a mentoring scheme aimed at people from groups which are underrepresented at the commercial Bar.’

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Litigation Futures, 29th July 2020

Source: www.litigationfutures.com

Barrister tribunal chair was ‘worker’, judge rules – Legal Futures

Posted July 29th, 2020 in barristers, employment, employment tribunals, holiday pay, news by tracey

‘A barrister who sits as a tribunal chair for the Nursing and Midwifery Council (NMC) is a “worker” and entitled to holiday pay, an employment tribunal has ruled, opening the door to thousands of other claims.’

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Legal Futures, 29th July 2020

Source: www.legalfutures.co.uk

Consultation to update Victorian-era transfer of ownership rules – Law Commission

Posted July 29th, 2020 in consultations, Law Commission, news, sale of goods by tracey

‘The Law Commission has today [27 July 2020] launched a consultation on draft legislation to reform Victorian-era rules which still apply to consumers today.’

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Law Commission, 27th July 2020

Source: www.lawcom.gov.uk

Government consults on extending the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 – Family Law

‘Government consults on extending the Adoption and Children (Coronavirus) (Amendment) Regulations 2020.’

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Family Law, 28th July 2020

Source: www.familylaw.co.uk

New limits on compensation fund to save costs – Law Society’s Gazette

‘Maximum payments to clients of dishonest solicitors are to be slashed from £2m to £500,000 as part of measures to reduce the financial burden on the profession, the Solicitors Regulation Authority has announced.’

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Law Society's Gazette, 28th July 2020

Source: www.lawgazette.co.uk

Parental Alienation: the enigma of family law – Family Law Week

Posted July 29th, 2020 in children, families, family courts, news, parental rights by tracey

‘Ian McArdle, barrister of Atlantic Chambers, Liverpool, calls for an agreed definition of “parental alienation”.’

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Family Law Week, 24th July 2020

Source: www.familylawweek.co.uk

Non-molestation orders: Valid Service in the time of Coronavirus (Part 2) – Family Law Week

‘Rachel Cooper and Michael Horton from Coram Chambers further consider the service of non-molestation orders in the time of Covid-19.’

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Family Law Week, 27th July 2020

Source: www.familylawweek.co.uk

Coronavirus: Police issue just one fine for travel quarantine breach, figures show – The Independent

‘Police have fined just one person over breaching quarantine rules for people arriving from foreign countries, new figures for England and Wales show.’

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The Independent, 28th July 2020

Source: www.independent.co.uk

Depp libel trial reveals problems of proof in domestic violence cases – The Guardian

‘Despite being a libel case, Depp v News Group Newspapers Ltd & Another felt more like a criminal trial at the Old Bailey, or a domestic violence hearing in the family courts.’

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The Guardian, 28th July 2020

Source: www.theguardian.com