Met closure of Stephen Lawrence case will deny his family justice – The Guardian

Posted August 12th, 2020 in bereavement, families, inquiries, murder, news, police, racism by sally

‘​Convicting all of the suspects in the racist gang of five or six people that killed Stephen Lawrence would have delivered justice for his family, and some measure of redemption for the Metropolitan police. Scotland Yard’s decision to close the case means neither will get what they longed for.’

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The Guardian, 11th August 2020

Source: www.theguardian.com

New rules may force online political adverts in UK to carry labels – The Guardian

Posted August 12th, 2020 in advertising, internet, news, political parties by sally

‘Online political advertisements could require labels for the first time under plans unveiled by the government, in an effort to inject more transparency into digital campaigning.’

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The Guardian, 12th August 2020

Source: www.theguardian.com

Novichok inquest to examine possible responsibility of Russian state for the death of Dawn Sturgess – 2 Hare Court

‘The poisoning of the former Russian double agent, Sergei Skripal, and his daughter Yulia in Salisbury in March 2018 was a truly shocking event. It was another throwback to the Cold War with the nerve agent, Novichok, playing the deadly role assumed by radioactive polonium in the 2006 assassination of Alexander Litvinenko in London.’

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2 Hare Court, 6th August 2020

Source: www.2harecourt.com

POCA disclosure orders, notices and overseas recipients (Faerman v SFO): James Fletcher for Lexis Nexis – 5SAH

‘Although the Serious Fraud Office (SFO) did not bring to the court’s attention a Supreme Court decision (that held a notice issued under a disclosure order could not be sent to someone outside the jurisdiction) that did not invalidate the disclosure order itself and the non-disclosure was not sufficient to merit the discharge of the disclosure order.’

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5SAH, 30th July 2020

Source: www.5sah.co.uk

Was an employee who resigned as a result of a restructuring exercise constructively unfairly dismissed? – 3PB

Posted August 11th, 2020 in constructive dismissal, news, redundancy, unfair dismissal by sally

‘In a restructuring exercise the Respondent employer had sought to “map” the Claimant into a new role and did not treat her as redundant. The Claimant did not agree that her original role mapped to the new role and did not believe the new role was suitable for her. She considered it a role with lower status, fewer senior responsibilities, and a change of job content; she did not believe that it was 70% similar to her existing job. She resigned in protest, claiming constructive unfair dismissal, wrongful dismissal and a redundancy payment. The ET found that the new role was significantly different to the old role, and that the Respondent had breached the implied term of trust and confidence when it failed to consult, failed properly to assess the roles, and failed properly to address the Claimant’s grievance and appeal. The employer appealed. The EAT found that the ET was entitled to find that the Claimant was constructively dismissed. However, in finding that the dismissal was unfair, the ET had failed to direct itself that this was a separate issue, failed to address the issue of reason for dismissal and fairness, and/or failed to give proper reasons for its conclusion that the dismissal was unfair. There was, in fact, no disagreement between the parties that, if there was a dismissal, the reason was redundancy. The case would be remitted to the ET (to the same Employment Judge) to determine whether the dismissal on grounds of redundancy was unfair. The claims of wrongful dismissal and for a redundancy payment remained to be heard in the ET.’

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3PB, 3rd August 2020

Source: www.3pb.co.uk

Asylum seekers launch legal challenge against their removal from UK – The Guardian

Posted August 11th, 2020 in asylum, deportation, judicial review, news, trafficking in human beings by sally

‘A group of asylum seekers due to be flown out of the UK this week in a Home Office operation targeting people who arrived on small boats have launched a mass legal challenge to their removal, the Guardian has learned.’

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The Guardian, 11th August 2020

Source: www.theguardian.com

Judge loses race discrimination claim over litigant’s complaint – Legal Futures

Posted August 11th, 2020 in complaints, harassment, judges, news, race discrimination, victimisation by sally

‘A judge has failed in his claim that he suffered discrimination, harassment and victimisation due to his race over how a complaint by a litigant was dealt with.’

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Legal Futures, 10th August 2020

Source: www.legalfutures.co.uk

My Data Went to the Caribbean. Jamaica? No, It Went of its Own Accord – Panopticon

Posted August 11th, 2020 in appeals, data protection, deportation, human rights, immigration, news by sally

‘You have to admire the ingenuity of lawyers. Who would have thought that the GDPR could be a tool to try and force the Home Office to allow a deported overstayer with a lengthy criminal record back into the UK to conduct an in-person appeal? Not the Court of Appeal for a start in Johnson v Secretary of State for the Home Department [2020] EWCA Civ 1032.’

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Panopticon, 11th August 2020

Source: panopticonblog.com

Worker Status Sent Spinning: Case summary of Varnish v British Cycling – 3PB

‘Ms Varnish (the Claimant) is a talented cyclist. She holds world records for track cycling and has won medals at the European Championships, World Cup and Commonwealth Games. She entered into an “Athlete Agreements” with British Cycling (the Respondent). This agreement expressly stated that it was not a contract of employment, that the Respondent would develop an Individual Rider Plan and provide the Claimant with support required, and that the Claimant would, among other things, train to the best of her abilities. The agreement provided for suspension and termination by the Respondent in certain circumstances.’

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3PB, 3rd August 2020

Source: www.3pb.co.uk

Stephen Gallagher jailed for murdering his 76-year-old father – BBC News

Posted August 11th, 2020 in murder, news, sentencing by sally

‘A man who stabbed his 76-year-old father to death has been told he will have to serve at least 13 years in prison – and may never be released.’

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BBC News, 10th August 2020

Source: www.bbc.co.uk

Chambers giving notice on leases in wake of Covid – Legal Futures

Posted August 11th, 2020 in barristers, coronavirus, leases, news, working time by sally

‘Barristers may be keen to get back to work but they are not going back to chambers, and nearly a third of sets have given or are considering giving partial notice on their leases, according to new research.’

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Legal Futures, 11th August 2020

Source: www.legalfutures.co.uk

High Court overturns ruling that claimant was not fundamentally dishonest – Litigation Futures

Posted August 11th, 2020 in accidents, costs, evidence, news, personal injuries, road traffic by sally

‘The High Court has overturned a ruling that a claimant who defeated an argument that a car accident he was involved in was bogus, but lied about his injuries, was not fundamentally dishonest.’

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Litigation Futures, 11th August 2020

Source: www.litigationfutures.com

Boy guilty over Oxford Street ‘coronavirus attack’ – BBC News

Posted August 11th, 2020 in assault, coronavirus, guilty pleas, hate crime, news, racism, young offenders by sally

‘A 15-year-old boy has admitted attacking a student from Singapore who was told “we don’t want your coronavirus in our country”.’

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BBC News, 10th August 2020

Source: www.bbc.co.uk

Race equality chief faces legal challenge over appointment – The Guardian

Posted August 11th, 2020 in equality, homosexuality, judicial review, news, race discrimination, racism by sally

‘The academic chosen to lead the prime minister’s new racial equality commission, despite having cast doubt on the effects of institutional racism and making homophobic comments in the past, is facing a legal challenge to his appointment.’

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The Guardian, 11th August 2020

Source: www.theguardian.com

New immigration system – key points for the life sciences and technology sectors – Technology Law Update

Posted August 11th, 2020 in brexit, EC law, freedom of movement, immigration, news, visas by sally

‘The Government has published further details about the new immigration system that is due to be implemented from 1 January 2021. The Further Details statement builds on the policy statement that was issued in February 2020. European freedom of movement will end on 31 December 2020 and the new system will apply to all European and non-European applicants.’

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Technology Law Update, 10th August 2020

Source: www.technology-law-blog.co.uk

Abuse victim accused of ‘grooming’ teacher awarded £1m – BBC News

Posted August 11th, 2020 in damages, local government, news, sexual grooming, sexual offences, teachers by sally

‘A man sexually abused as a schoolboy has been awarded more than £1m from his teacher’s employer.’

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BBC News, 11th August 2020

Source: www.bbc.co.uk

Activists launch London legal action against UK officers in Hong Kong police – The Guardian

Posted August 11th, 2020 in demonstrations, Hong Kong, news, police, private prosecutions, public order, torture by sally

‘Pro-democracy activists have launched a private prosecution in London against five British officers working for the Hong Kong police, alleging they have taken part in brutal actions against protesters.’

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The Guardian, 10th August 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted August 10th, 2020 in law reports by sally

Court of Appeal (Civil Division)

Court of Appeal (Criminal Division)

High Court (Administrative Court)

High Court (Chancery Division)

High Court (Commercial Court)

High Court (Family Division)

High Court (Queen’s Bench Division)

High Court (Technology and Construction Court)

Source: www.bailii.org

Newman v Southampton CC: child, mother, journalist – whose rights win out? – Panopticon

‘The High Court handed down judgment on Friday in Newman v Southampton City Council & Ors [2020] EWHC 2103 (Fam), the first recorded judgment concerning journalistic access to the court file in public law family proceedings. The case is likely to be of interest to media lawyers generally, and throws up potential complications surrounding the scope and extent of the privacy rights of children vis-à-vis their parents.’

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Panopticon, 7th August 2020

Source: panopticonblog.com

High Court: Counsel’s fee for ex-protocol cases not fixed – Litigation Futures

Posted August 10th, 2020 in barristers, civil procedure rules, costs, fees, news, personal injuries, valuation by sally

‘Counsel’s fees for valuing claims which fall out of the personal injury protocols are not subject to fixed costs, the High Court has ruled.’

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Litigation Futures, 10th August 2020

Source: www.litigationfutures.com