UK to make climate risk reports mandatory for large companies – The Guardian

Posted November 10th, 2020 in climate change, company law, financial regulation, news by sally

‘Large companies and financial institutions in the UK will have to come clean about their exposure to climate risks within five years under the terms of a tougher regime announced by the chancellor, Rishi Sunak.’

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The Guardian, 9th November 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted November 10th, 2020 in legislation by tracey

Court of Appeal (Criminal Division)

Gabbana, R. [2020] EWCA Crim 1473 (09 November 2020)

High Court (Technology and Construction Court)

Municpio De Mariana & Ors v BHP Group Plc & Anor [2020] EWHC 2930 (TCC) (06 November 2020)

Source: www.bailii.org

New Judgment: Secretary of State for Health and Ors v Servier Laboratories Ltd and Ors [2020] UKSC 44 – UKSC Blog

Posted November 10th, 2020 in EC law, news, res judicata, Supreme Court by sally

‘The Supreme Court has unanimously dismissed this appeal addressing whether findings of fact made by the General Court of the European Union (“the General Court”) are binding in subsequent domestic proceedings, under the EU principle of absolute res judicata.’

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UKSC Blog, 6th November 2020

Source: ukscblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 10th, 2020 in legislation by tracey

The Civil Procedure (Amendment No. 6) Rules 2020

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 22) Regulations 2020

The Heat Network (Metering and Billing) (Amendment) Regulations 2020

The Social Security Contributions (Intermediaries) (Miscellaneous Amendments) Regulations 2020

The Electricity Storage Facilities (Exemption) (England and Wales) Order 2020

The Local Authorities (Capital Finance and Accounting) (England) (Amendment) Regulations 2020

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 23) Regulations 2020

The Health Protection (Coronavirus, Travel from Denmark) (England) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (England) (No. 4) (Amendment) Regulations 2020

The Social Security (Personal Independence Payment) (Amendment) Regulations 2020

The Merchant Shipping (Safety Standards for Passenger Ships on Domestic Voyages) (Miscellaneous Amendments) Regulations 2020

The Infrastructure Planning (Electricity Storage Facilities) Order 2020

The Sentencing Act 2020 (Commencement No. 1) Regulations 2020

The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2020

Source: www.legislation.gov.uk

High Court judge dismisses legal challenge over lack of Sikh tick-box in 2021 Census – Local Government Lawyer

Posted November 10th, 2020 in census, news, Sikhism by sally

‘A High Court judge has rejected a second legal challenge from the Sikh Federation UK over the lack of a Sikh tick-box as a distinct available response to the ethnic group question in the forthcoming 2021 Census.’

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Local Government Lawyer, 9th November 2020

Source: www.localgovernmentlawyer.co.uk

Newport driver jailed for 10 years for ramming scooter rider – BBC News

Posted November 10th, 2020 in news, road traffic offences, sentencing, wounding by sally

‘A driver has been jailed for 10 years for ramming into a scooter rider who accidentally cracked his wing mirror.’

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BBC News, 9th November 2020

Source: www.bbc.co.uk

‘No one questioned it’: teacher’s tribunal victory shines light on unfettered academy powers – The Guardian

Posted November 10th, 2020 in disciplinary procedures, education, news, teachers, trade unions, unfair dismissal by sally

‘Herefordshire academy conspired to sack drama teacher for her union activities.’

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The Guardian, 10th November 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted November 9th, 2020 in law reports by tracey

Supreme Court

Secretary of State for Health & Ors v Servier Laboratories Ltd & Ors [2020] UKSC 44 (06 November 2020)

Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 (06 November 2020)

Court of Appeal (Civil Division)

HH Aluminium & Building Products Ltd & Anor v Bell & Anor (Joint Trustees In Bankruptcy of Ide) [2020] EWCA Civ 1469 (09 November 2020)

Swift v Carpenter [2020] EWCA Civ 1467 (06 November 2020)

Clarke, R (On the Application Of) v Birmingham City Council (Rev 1) [2020] EWCA Civ 1466 (06 November 2020)

L. M. Associates Ltd v Gibbeson [2020] EWCA Civ 1460 (06 November 2020)

Emiantor, R (On the Application Of) v The Secretary of State for the Home Department [2020] EWCA Civ 1461 (06 November 2020)

Stanley v Welwyn Hatfield Borough Council [2020] EWCA Civ 1458 (06 November 2020)

Court of Appeal (Criminal Division)

Environmental Agency, R (On the Application Of) v Lawrence [2020] EWCA Crim 1465 (06 November 2020)

High Court (Administrative Court)

Gill, R (On the Application Of) v Cabinet Office [No.3] [2020] EWHC 2931 (Admin) (06 November 2020)

High Court (Chancery Division)

Attorney General v Zedra Fiduciary Services (UK) Ltd & Ors [2020] EWHC 2988 (Ch) (09 November 2020)

Kings Security Systems Ltd v King & Anor [2020] EWHC 2996 (Ch) (09 November 2020)

TUI UK Ltd v Morgan [2020] EWHC 2944 (Ch) (09 November 2020)

Board of the Pension Protection Fund v Dalriada Trustees Ltd [2020] EWHC 2960 (Ch) (06 November 2020)

High Court (Commercial Court)

Medsted Associates Ltd v Canaccord Genuity Wealth (International) Ltd [2020] EWHC 2952 (Comm) (06 November 2020)

The Public Institution for Social Security v Al Rajaan & Ors [2020] EWHC 2979 (Comm) (06 November 2020)

High Court (Family Division)

SS v MCP [2020] EWHC 2971 (Fam) (06 November 2020)

Court (Queen’s Bench Division)

Charles & Anor, R (On the Application Of) v Secretary of State for Foreign and Commonwealth Affairs & Anor [2020] EW 2995 (QB) (09 November 2020)

MK (A Protected Party) v Buckinghamshire County Council [2020] EWHC 2989 (QB) (06 November 2020)

AB v University of XYZ (Supplementary Judgment) [2020] EWHC 2980 (QB) (06 November 2020)

Greenstein v Campaign Against Antisemitism [2020] EWHC 2951 (QB) (06 November 2020)

HM Solicitor General v Ellis [2020] EWHC 2987 (QB) (06 November 2020)

Troke & Anor v Amgen Seguros Generales Compania De Seguros Y Reaseguros SAU (Formerly RACC Seguros Compania De Seguros Y Resaseguros SA) [2020] EWHC 2976 (QB) (06 November 2020)

AB v The University of XYZ (Rev 1) [2020] EWHC 2978 (QB) (06 November 2020)

High Court (Technology and Construction Court)

Neology UK Ltd v The Council of the City of Newcastle Upon Tyne & Ors [2020] EWHC 2958 (TCC) (06 November 2020)

Source: www.bailii.org

All you need to know about domestic abuse and ILR – EIN Blog

‘Anyone in an abusive relationship is in a dangerous and terrifying situation. But if you are in the UK on a Spouse Visa, Civil Partnership Visa, or Unmarried Partner Visa, the situation is especially frightening. But you are not alone. And you can apply for Indefinite Leave to Remain (ILR), which will allow you to stay permanently in the UK if your relationship breaks down because of domestic violence/abuse.’

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EIN Blog, 9th November 2020

Source: www.ein.org.uk

Tens of thousands made homeless despite UK ban on evictions during pandemic – The Guardian

‘Tens of thousands of people have been made homeless since the start of the pandemic despite a ban on evictions, the Guardian has found, with charities warning that younger people are falling through the gaps.’

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The Guardian, 8th November 2020

Source: www.theguardian.com

Disability Discrimination Act: The disabled activists who brought London to a halt – BBC News

‘Twenty-five years ago the Disability Discrimination Act was passed, a landmark piece of legislation which ensured, for the first time, that disabled people had civil rights.’

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BBC News, 8th November 2020

Source: www.bbc.co.uk

Court of Appeal refuses permission to appeal Swift v Carpenter – Litigation Futures

‘The Court of Appeal has refused permission to appeal Swift v Carpenter, its recent decision that replaced the Roberts v Johnstone formula for calculating accommodation claims by injured people.’

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Litigation Futures, 6th November 2020

Source: www.litigationfutures.com

Homeworking now a “reasonable adjustment” for disabled lawyers – Legal Futures

‘Employment tribunals may in future need to recognise that homeworking has become an established “reasonable adjustment” to working practices for disabled people, including lawyers, a webinar heard last week.’

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Legal Futures, 9th November 2020

Source: www.legalfutures.co.uk

UK supreme court could be left with only one female justice – The Guardian

Posted November 9th, 2020 in diversity, equality, gender, judiciary, news, Supreme Court, women by sally

‘Progress towards gender diversity on the UK’s highest court is in danger of being thrown into reverse, following the announcement that another female justice will retire shortly.’

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The Guardian, 8th November 2020

Source: www.theguardian.com

Ep 129: Brexit and the Flaws of Delegated Legislation – Law Pod UK

Posted November 9th, 2020 in brexit, constitutional law, news, parliament, podcasts by sally

‘In Episode 129, Emma-Louise Fenelon speaks to Lord Anderson of Ipswich QC, Alexandra Sinclair and Joe Tomlinson about the new Public Law Project report: Plus ca change? Brexit and the flaws of the delegated legislation system, for a fascinating discussion about parliamentary goings-on in a time of Brexit.’

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Law Pod UK, 4th November 2020

Source: audioboom.com

Viewpoint: Disability laws are 25 years old, what next? – BBC News

Posted November 9th, 2020 in disability discrimination, disabled persons, equality, legal history, news by sally

‘It’s 25 years since the Disability Discrimination Act became law, but the campaign for equality goes on.’

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BBC News, 9th November 2020

Source: www.bbc.co.uk

Covid-19 prompts UK call for statutory paid bereavement leave – The Guardian

Posted November 9th, 2020 in bereavement, bills, charities, coronavirus, employment, families, news by sally

‘People who lose a close relative or partner should be entitled to two weeks’ statutory paid bereavement leave, the Sue Ryder charity has said.’

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The Guardian, 9th November 2020

Source: www.theguardian.com

Data protection – ICO’s new guidance on data subject access requests – OUT-LAW.com

Posted November 6th, 2020 in codes of practice, data protection, employment, news by tracey

‘Leanne Francis comments on the ICO’s new guidance on handling data subject access requests from employees.’

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OUT-LAW.com, 5th November 2020

Source: www.pinsentmasons.com

Divisional Court gives guidance on article 2 inquests – UK Human Rights Law Blog

‘R (Peter Skelton and anr) v Senior Coroner for West Sussex [2020] EWHC 2813 (Adminn). Susan Nicholson and Caroline Devlin were killed by the same man during the course of abusive relationships. They died in 2011 and 2006, but the man was not convicted – of murder and manslaughter respectively – until 2017. The inquest into Susan’s death in 2011 resulted in a verdict of accidental death. Following the murder conviction, the Coroner applied to the High Court for this to be quashed, with the intention of holding a short inquest at which a fresh conclusion of “unlawful killing” would be recorded. However, the Claimants in this case – Susan’s parents – sought to expand the scope of the inquest to consider what they thought, understandably, were police failings. They were successful; this blog explains why, and examines the wider implications of the ruling.’

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UK Human Rights Law Blog, 5th November 2020

Source: ukhumanrightsblog.com

Mental health, clinical negligence and the illegality defence – UK Human Rights Law Blog

‘In Ecila Henderson v. Dorset Healthcare University NHS Trust Foundation [2020] UKSC 43 the Supreme Court has revisited the defence of illegality (“ex turpi causa”) in the context of a claim for clinical negligence.’

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UK Human Rights Law Blog, 3rd November 2020

Source: ukhumanrightsblog.com