Does the failure to place a redundant employee on an existing “bank” workers list render a dismissal unfair? – 3PB

‘It was common ground between the parties that the claimant had been dismissed for a fair reason, namely redundancy. The point of contention arose from the fact that, at point of dismissal, the respondent had in place a list of workers upon whom it would call upon to
undertake adhoc work as and when needed.’

Full Story

3PB, 2nd October 2020

Source: www.3pb.co.uk

Civil court recovery: More in-person hearings and longer hours – Litigation Futures

‘Up to two-thirds of civil hearings will take place face-to-face over the coming months as the caseload increases, with longer operating hours an option for courts if needed.’

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Litigation Futures, 10th November 2020

Source: www.litigationfutures.com

Consumer Credit: Covid (Continued) and Concealed Changes – Henderson Chambers

Posted November 11th, 2020 in chambers articles, consumer credit, coronavirus, news by sally

‘The Financial Conduct Authority has again extended its Guidance on consumer debt and there are two largely unpublicised technical changes in the pipeline to beware of.’

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Henderson Chambers, 15th October 2020

Source: www.hendersonchambers.co.uk

Bar Council braces for £3m loss as Covid hits profession’s income – Legal Futures

Posted November 11th, 2020 in barristers, consultations, coronavirus, fees, news, statistics by sally

‘The Bar Council is bracing for a £3.2m loss next year with revenue from practising fees – which are tied to barristers’ income – set to tumble because of Covid-19.’

Full Story

Legal Futures, 11th November 2020

Source: www.legalfutures.co.uk

Top family judge publishes guidance on protection of domestic abuse victims in remote and hybrid hearings – Local Government Lawyer

‘The President of the Family Division, Sir Andrew McFarlane, has published guidance on the need to protect victims of domestic abuse in remote and hybrid hearings.’

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Local Government Lawyer, 11th November 2020

Source: www.localgovernmentlawyer.co.uk

Section 21A Applications and Section 48 Orders (DP v A Local Authority) – 39 Essex Chambers

‘In this case, Mr Justice Hayden provides helpful practical guidance on the operation of section 48 of the Mental Capacity Act 2005 (MCA 2005), as well as confirming the scope of, and the court’s role in, proceedings brought pursuant to MCA 2005, s 21A. He further emphasises the importance of section 21A application being determined speedily, in accordance with Article 5(4) of the European Convention on Human Rights (ECHR) (and accordingly suggests how practically weaknesses in capacity evidence could be addressed).’

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39 Essex Chambers, 15th October 2020

Source: www.39essex.com

Justice delayed might be justice denied… but for which side? A look at Nigeria v Process & Industrial Developments – Hardwicke Chambers

Posted November 11th, 2020 in arbitration, chambers articles, civil justice, delay, energy, fraud, news, time limits by sally

‘Last month, Sir Ross Cranston handed down judgment in The Federal Republic of Nigeria v Process & Industrial Developments [2020] EWHC 2379 (Comm), marking the latest stage in what has proved a notoriously long-running dispute since arbitration between the parties was first commenced in 2012.’

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Hardwicke Chambers, 14th October 2020

Source: hardwicke.co.uk

UK to ban all online junk food advertising to tackle obesity – The Guardian

Posted November 11th, 2020 in advertising, children, consultations, food, government departments, health, internet, news by sally

‘Downing Street has unveiled plans to implement a total ban on online junk food advertising – the toughest digital marketing restrictions in the world – in an attempt to tackle the growing obesity crisis.’

Full Story

The Guardian, 10th November 2020

Source: www.theguardian.com

Virus backlogs must not become “new normal”, says Lord Chief – Legal Futures

‘The Lord Chief Justice told MPs yesterday that he is “extremely concerned” that the backlogs that have grown across the justice system since March should not be “viewed by anybody as the new normal”.’

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Legal Futures, 11th November 2020

Source: www.legalfutures.co.uk

The Illegality Defence in the Supreme Court again – Littleton Chambers

‘The common law defence of illegality was considered by the Supreme Court in Patel v Mirza [2016] UKSC 42. The Court rejected the reliance principle as applied in Tinsley v Milligan [1994] 1 AC 340, according to which relief was refused to parties who had to rely on their own illegality to establish their case. In its place, the majority adopted a more flexible approach which openly addressed the underlying policy considerations involved and invited Courts to reach a balanced judgment in each case, permitting account to be taken of the proportionality of the outcome.’

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Littleton Chambers, 4th November 2020

Source: littletonchambers.com

Cornish grandmother of drowned baby admits cruelty – BBC News

‘The grandmother of a baby who drowned in a bath while she was out of the room has admitted child cruelty.’

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BBC News, 10th November 2020

Source: www.bbc.co.uk

Disability, Delusions and Definitions – Parklane Plowden

‘Employees that suffer from a disability so defined are protected against various forms of discrimination because of that status. Employers facing claims of such discrimination must assess whether a Tribunal will find that the employee was in fact, during the relevant period, disabled and, if so, whether it knew or reasonably ought to have known of that fact. It is common for employers to concede the fact of disability.’

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Parklane Plowden Chambers, 4th November 2020

Source: www.parklaneplowden.co.uk

Court of Appeal says car cruising was “classic case for the grant of an injunction” – Local Government Lawyer

‘The Court of Appeal has dismissed an appeal over whether a car-cruising injunction was properly granted, given what was said to be the alternative remedy available to Birmingham City Council of itself making a public spaces protection order (PSPO).’

Full Story

Local Government Lawyer, 11th November 2020

Source: www.localgovernmentlawyer.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 11th, 2020 in legislation by tracey

The Network and Information Systems (Amendment and Transitional Provision etc.) Regulations 2020

The Central Counterparties (Equivalence) Regulations 2020

The Wireless Telegraphy (Limitation of Number of Licences) Order 2020

www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 11th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Sharif v Birmingham City Council [2020] EWCA Civ 1488 (10 November 2020)

High Court (Administrative Court)

Charles & Anor, R (On the Application Of) v Northamptonshire Police (Public Interest Immunity) (Rev 1) [2020] EWHC 3010 (Admin) (09 November 2020)

High Court (Chancery Division)

Moulds Fencing (Torksey) Ltd & Ors v Butler & Ors [2020] EWHC 2933 (Ch) (11 November 2020)

High Court (Family Division)

P (Discharge of Passport Order), Re [2020] EWHC 3009 (Fam) (06 November 2020)

High Court (Queen’s Bench Division)

Boddy v Sinton & Anor [2020] EWHC 3015 (QB) (10 November 2020)

Source: www.bailii.org

Police officers and the use of force – are we really all missing the point?: R (Officer W80) v Director General of the Independent Officer for Police Conduct [2020] EWCA Civ 1301 – 2 Hare Court

‘The Court of Appeal has recently delivered an interesting and potentially very significant judgment in the case of Officer W80. The case concerned the use of force by a police officer and whether misconduct proceedings could subsequently be instituted against him on the basis of his honestly held but mistaken belief.’

Full Story

2 Hare Court, 5th November 2020

Source: www.2harecourt.com

Rough sex excuse in women’s deaths is variation of ‘crime of passion’ – study – The Guardian

‘Men who kill women are increasingly using the “sex game gone wrong” excuse as a contemporary variation on the traditional crime of passion defence, research has found.’

Full Story

The Guardian, 10th November 2020

Source: www.theguardian.com