12/11/2020 – Current Awareness

Whistleblowing time limits: one off acts vs continuing acts – 3PB

Posted November 12th, 2020 in contract of employment, news, time limits, unfair dismissal, whistleblowers by sally

‘Ikejiaku reinforces the distinction between a one-off act and a continuing act in the context of the imposition of a new contract, highlighting that this was a one off act with continuing consequences. Although the case concerned time limits in a whistleblowing detriment claim, the principles will extend across other areas, such as discrimination, in which unlawful detriments form the basis for claims.’

3PB, 8th October, 2020

Source: www.3pb.co.uk

Court quashes decision to accommodate disabled man 130 miles away from his support network – LB Waltham Forest v Saleh remains good law – Garden Court Chambers

Posted November 12th, 2020 in disabled persons, housing, local government, news by sally

‘HHJ Saunders at Central London County Court found the decision of LB Waltham Forest unlawful on a number of grounds.’

Garden Court Chambers, 5th November 2020

Source: www.gardencourtchambers.co.uk

Confidential information—knowledge of unlawfulness not required for unlawful means conspiracy (The Racing Partnership Ltd v Sports Information Services Ltd) – Hardwicke Chambers

Posted November 12th, 2020 in confidentiality, horse racing, news, unlawful means conspiracy by sally

‘Practitioners acting in the more challenging cases of conspiracies involving the misuse of confidential information or otherwise interested in the history and development of tort (outside the tort of negligence) will find this case compelling and essential reading.’

Hardwicke Chambers, 26th October 2020

Source: hardwicke.co.uk

Was Lockdown Lawful? Thoughts of a former Supreme Court Judge. – 33 Bedford Row

Posted November 12th, 2020 in constitutional law, coronavirus, judges, ministers' powers and duties, news, parliament, regulations by sally

‘Lord Sumption has this evening [27 October] in his lecture entitled “Government by decree – Covid-19 and the Constitution” issued a scathing indictment not only of the political motivations and processes behind lockdown measures, but also the underlying legality of the measures, and their impact upon the long term health of our parliamentary democracy.’

33 Bedford Row, 27th October 2020

Source: www.33bedfordrow.co.uk

Death and Notices – Nearly Legal

Posted November 12th, 2020 in landlord & tenant, news, notification, postal service, service, succession by tracey

‘Gateway Housing Association v Personal Representatives of Ali & Anor (2020) EWCA Civ 1339. In which the Court of Appeal grapple with the requirement to serve a copy of a notice to quit on the Public Trustee, when serving notice on the personal representative of a deceased tenant.’

Nearly Legal, 8th November 2020

Source: nearlylegal.co.uk

I’m not demanding, I’m telling you – section 8 notices – Nearly Legal

Posted November 12th, 2020 in agency, landlord & tenant, news, notification, rent, repossession by tracey

‘Prempeh v Lakhany (2020) EWCA Civ 1422. We saw this case on a first appeal in the County Court. The issue was whether a section 8 notice on rent arrears grounds, in this instance grounds 8, 10 and 11, is a “demand for rent” for the purposes of section 47 Landlord and Tenant Act 1987.’

Nearly Legal, 9th November 2020

Source: nearlylegal.co.uk

“Shocking discrepancies” in Bar gender pay gap analysis – Legal Futures

Posted November 12th, 2020 in barristers, fees, news, remuneration, statistics, women by tracey

‘The gender pay gap at the Bar is “alive and well”, the chair of the Bar Council said yesterday, after new figures looking at individual practice areas revealed “shocking discrepancies”.’

Legal Futures, 12th November 2020

Source: www.legalfutures.co.uk

Immigration Act receives Royal Assent: free movement to end on 31 December 2020 – Home Office

Posted November 12th, 2020 in brexit, EC law, freedom of movement, immigration, legislation, press releases by tracey

‘The Immigration Act has today (Wednesday 11 November 2020) received Royal Assent and been signed into law. This means free movement will end around seven weeks from now, at 11pm on 31 December 2020.’

Full press release

Home Office, 11th November 2020

Source: www.gov.uk/home-office

Family Justice Council report on domestic abuse and special measures in remote and hybrid hearings – Family Law

Posted November 12th, 2020 in domestic violence, family courts, news, remote hearings by tracey

‘The Family Justice Council has published guidance titled “Safety from Domestic Abuse and Special Measures in Remote and Hybrid Hearings”. The guidance recommends that, in any proceedings where domestic abuse is an issue, careful consideration must be given to whether special measures are required and how hybrid/remote hearings should be facilitated to safeguard vulnerable parties. It suggests proactive advance planning of hearings, consideration of risks involved and practical support to promote physical and emotional safety of all participants and provides a checklist of those considerations.’

Family Law, 11th November 2020

Source: www.familylaw.co.uk

What about me?: Reframing Support for Families following Parental Separation – Courts and Tribunals Judiciary

Posted November 12th, 2020 in children, divorce, family courts, parental responsibility, press releases by tracey

‘A report by the Family Solutions Group, entitled What about me?: Reframing Support for Families following Parental Separation, has been published.

President of the Family Division, Sir Andrew McFarlane, said: “This report brings together the various lines of thinking of recent years aimed at finding a better way to achieve good co-parenting between separated parents. It is an important and impressive document.”‘

Full press release

Courts and Tribunals Judiciary, 12th November 2020

Source: www.judiciary.uk

Home Office ‘missed chance to stop rise in migrant boats’ – BBC News

Posted November 12th, 2020 in asylum, government departments, immigration, news, reports, trafficking in human beings by tracey

‘The Home Office failed to stop a rise in migrant boats crossing the English Channel before it was too late, an independent inspector has said.’

BBC News, 11th November 2020

Source: www.bbc.co.uk

Equality watchdog clears BBC of pay discrimination against women – BBC News

Posted November 12th, 2020 in BBC, equal pay, equality, news, sex discrimination, women by tracey

‘An investigation by the Equalities and Human Rights Commission has found no unlawful acts of pay discrimination against women by the BBC. But it has recommended “improvements to increase transparency and rebuild trust with women at the organisation”.’

BBC News, 12th November 2020

Source: www.bbc.co.uk

MPs call for review of age of criminal responsibility in England and Wales – The Guardian

Posted November 12th, 2020 in children, criminal responsibility, minorities, news, young persons, youth courts by tracey

‘Conservative and Labour MPs have asked the government to consider raising the age of criminal responsibility from 10 in England and Wales and to explain why a disproportionate number of children in custody are from a minority ethnic (BAME) background.’

The Guardian, 12th November 2020

Source: www.theguardian.com

MPs demand explanation for disproportionate numbers of Black teens in custody – The Independent

Posted November 12th, 2020 in imprisonment, minorities, news, select committees, sentencing, statistics, young offenders, youth courts by tracey

‘A parliamentary committee is demanding an explanation from ministers for the “disproportionate” incarceration of Black and minority ethnic (Bame) teenagers, after a report found they make up more than half of inmates youth custody.’

The Independent, 12th November 2020

Source: www.independent.co.uk

Harry Dunn death: family begins court case against Foreign Office – The Guardian

Posted November 12th, 2020 in armed forces, dangerous driving, diplomats, families, government departments, human rights, immunity, judicial review, news, prosecutions by tracey

‘The family of Harry Dunn, the 19-year-old motorcyclist killed outside a US airbase, have begun their court case seeking a ruling that the Foreign Office acted unlawfully in granting diplomatic immunity to the American driver of the car that killed him.’

The Guardian, 11th November 2020

Source: www.theguardian.com

UK family reunion visa system puts lives at risk, says Red Cross – The Guardian

Posted November 12th, 2020 in families, news, refugees, reports, visas by tracey

‘A report from the British Red Cross finds the system that gives refugees in the UK the right to bring their family to join them – one of the few existing “safe” and legal routes to Britain – is putting people in danger because of the journeys they have to take to submit their applications.’

The Guardian, 12th November 2020

Source: www.independent.co.uk

Lucy Letby: Nurse due in court charged with murdering eight babies at Chester hospital – The Independent

Posted November 12th, 2020 in children, hospitals, murder, news, nurses by tracey

‘A nurse is due to appear in court charged with the murder of eight babies and the attempted murder of another 10.’

The Independent, 12th November 2020

Source: www.independent.co.uk

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