Alternative Dispute Resolution – Becket Chambers

Posted February 11th, 2021 in chambers articles, coronavirus, delay, family courts, news by sally

‘The family courts were overwhelmed with cases prior to the Pandemic, leading to long delays and, perhaps most distressing to the parties engaged in this type of conflict resolution, last minute adjournments which can incur significant wasted costs, for which there is generally no recourse, together with the distress and anxiety associated with yet further, often prejudicial, delay in ending what is for most participants a highly unpleasant and distressing experience.’

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Becket Chambers, 1st February 2021

Source: becket-chambers.co.uk

A statutory defence for discrimination: s.109(4) Equality Act 2010 Allay (UK) Limited v Gehlen – 3PB

Posted February 11th, 2021 in chambers articles, employment tribunals, equality, news, race discrimination by sally

‘S.109(4) EA 2010 provides a statutory defence for an employer when discrimination has been found if they took “all reasonable steps” to prevent that or similar discrimination. It is a rarely used defence and it is even more rare to have an appellate case providing guidance, but Allay (UK) Limited v Gehlen [2021] UKEAT 0031_20_0402 (Unreported, 4 February 2021) clarifies what is meant by “all reasonable steps”, exploring permissible and impermissible considerations to meet the high threshold set by s.109.’

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3PB, 9th February 2021

Source: www.3pb.co.uk

Confiscation & honouring the unchallenged basis of plea in R v Mohammed Zia Munir: Francesca Levitt examines for Lexis Nexis – 5SAH

Posted February 11th, 2021 in chambers articles, confiscation, drug offences, news, pleadings, proceeds of crime by sally

‘The appellant was sentenced on an unchallenged, written basis of plea to the effect that he was a mere custodian of drugs on behalf of another. In these circumstances the court was bound to apply the provisions of the Proceeds of Crime Act 2002 (POCA 2002) consistently with the facts of the basis of plea. On his basis, the appellant could not be said to have received the drugs for his own benefit and therefore he did not obtain property within the meaning of POCA 2002, s 76(4).’

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5SAH, 11th February 2021

Source: www.5sah.co.uk

When is an expert not an expert? – 2 Hare Court

Posted February 11th, 2021 in chambers articles, expert witnesses, fraud, news by sally

‘Angus Bunyan reviews this week’s judgment in Byrne and others concerning the safety of a number of fraud convictions which relied on the evidence of a now discredited expert witness. Angus was prosecution trial counsel in one of the cases (leading Julia Faure Walker) and appeared for the Respondent on appeal. Narita Bahra QC was defence counsel in Sulley and others and appeared for two of the Appellants on appeal.’

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2 Hare Court, 4th February 2021

Source: www.2harecourt.com

Tribunal reduces damages awarded against sweary senior partner – Legal Futures

Posted February 11th, 2021 in damages, employment tribunals, harassment, law firms, news, paralegals by sally

‘An employment tribunal ordered to reconsider the damages it awarded to a paralegal subjected to foul-mouthed tirades by the senior partner of a London law firm has reduced them by 20%.’

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Legal Futures, 11th February 2021

Source: www.legalfutures.co.uk

Council secures injunction against man who circumvented redaction in child protection papers – Local Government Lawyer

‘The London Borough of Lambeth has won a final injunction against a man who was able to remove a redaction on papers concerning child welfare.’

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Local Government Lawyer, 11th February 2021

Source: www.localgovernmentlawyer.co.uk

Eviction of Euston tunnel HS2 protesters can continue, judge rules – The Guardian

Posted February 11th, 2021 in demonstrations, health & safety, human rights, news, railways by sally

‘A high court judge has ruled against a call to halt the eviction of protesters from a tunnel beside Euston Square on grounds of safety.’

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The Guardian, 10th February 2021

Source: www.theguardian.com

The powers being used to disrupt a terror group – BBC News

Posted February 11th, 2021 in appeals, news, terrorism, terrorism prevention & investigation measures by sally

‘Two members of the banned group al-Muhajiroun have lost an appeal against terrorism measures used by the government to limit their activities. The BBC has investigated how the measures are being employed to disrupt the organisation’s leadership.’

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BBC News, 11th February 2021

Source: www.bbc.co.uk

Housing association obtains £81,000 judgment against ex-tenant for unlawful subletting – Local Government Lawyer

Posted February 11th, 2021 in housing, landlord & tenant, news, repossession by sally

‘The tenancy enforcement team at social landlord Hyde has secured an £81,000 money judgment against a former tenant for unlawful subletting.’

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Local Government Lawyer, 10th February 2021

Source: www.localgovernmentlawyer.co.uk

Solicitor lied to High Court in claim brought by former partner – Legal Futures

Posted February 11th, 2021 in disciplinary procedures, evidence, news, solicitors, witnesses by sally

‘A solicitor who lied to a High Court judge during the trial of a dispute with a former partner in his law firm has been struck off.’

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Legal Futures, 11th February 2021

Source: www.legalfutures.co.uk

Number of prisoners in England and Wales on suicide watch rises steeply – The Guardian

Posted February 11th, 2021 in mental health, news, prisons, statistics, suicide by sally

‘The number of prisoners put on suicide or self-harm watch has risen dramatically over the past decade, a Guardian investigation has found, as experts warn the scale of the mental health crisis in prisons has escalated during the coronavirus pandemic.’

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The Guardian, 10th February 2021

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted February 11th, 2021 in legislation by tracey

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 6) Regulations 2021

The Drivers’ Hours and Tachographs (Amendment) Regulations 2021

The Inspectors of Education, Children’s Services and Skills Order 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 11th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Hussain v Vaswani & Ors [2021] EWCA Civ 146 (10 February 2021)

High Court (Administrative Court)

Secretary of State for the Home Department v JM & Anor [2021] EWHC 266 (Admin) (10 February 2021)

C1, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 242 (Admin) (10 February 2021)

Maxey, R (On the Application Of) v High Speed 2 Ltd [2021] EWHC 246 (Admin) (10 February 2021)

High Court (Queen’s Bench Division)

Pass v Ministry of Defence [2021] EWHC 243 (QB) (09 February 2021)

Source: www.bailii.org

Court of Appeal rejects challenge to application of ‘tilted balance’ by two councils – Local Government Lawyer

Posted February 11th, 2021 in interpretation, local government, news, planning, statutory duty by sally

‘The Court of Appeal has rejected a developer’s case that two councils misapplied the “tilted balance” in the National Planning Policy Framework (NPPF).’

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Local Government Lawyer, 11th February 2021

Source: www.localgovernmentlawyer.co.uk

Straw backs call for politician to have choice in appointing top judges – Litigation Futures

Posted February 11th, 2021 in judiciary, lord chancellor, news, recruitment, vetting by sally

‘The role of politicians in appointing senior judges should be beefed up, although with the limitation that the Lord Chancellor should choose from shortlist of independently vetted candidates, according to a think tank.’

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Litigation Futures, 11th February 2021

Source: www.litigationfutures.com

David Wilson: Sex offender who posed as girls online jailed for 25 years – BBC News

‘A man who posed as teenage girls online and blackmailed 51 boys into sending him indecent images of themselves has been jailed for 25 years.’

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BBC News, 10th February 2021

Source: www.bbc.co.uk