‘Many couples, despite living together, never seek to legally formalise their living and financial arrangements. They mistakenly believe that the concept of a “common law” husband and wife applies to them namely that they will automatically have financial claims against each other simply because they live together. The reality is far from this. Cohabitants do not have the same financial protection and security on the breakdown of their relationship as is afforded to married couples/those in civil partnerships.’
Family Law, 26th February 2021
Source: www.familylaw.co.uk
‘The government has confirmed that legislation paving the way for whiplash reforms will come into force from 31 May. Newly-published draft statutory instruments have also finally indicated the tariff levels at which damages will be set for soft tissue injuries suffered in road traffic accidents.’
Law Society's Gazette, 26th February 2021
Source: www.lawgazette.co.uk
‘Richard Kershaw, partner at Hunters Law LLP, considers the implications of Mr Justice Cohen’s judgment in FRB v DRC (No 3).’
Family Law Week, 25th February 2021
Source: www.familylawweek.co.uk
‘Protesters who broke into Stansted Airport to stop a plane deporting people to Africa will face no further action through the courts.’
BBC News, 25th February 2021
Source: www.bbc.co.uk
‘The legal aid provision for immigration detainees held in prisons is unlawful, the High Court has ruled, after it emerged a man was unable to access a lawyer for 10 months and had to represent himself.’
The Independent, 25th February 2021
Source: www.independent.co.uk
‘Five police officers are under investigation for manslaughter after the death of a 24-year-old man in police custody earlier this month.’
The Guardian, 25th February 2021
Source: www.theguardian.com
‘Shamima Begum has lost her legal battle attempting to return to the UK to fight for her British citizenship. The Supreme Court found that the former Isis member did not need to be in the country to have a “fair and effective appeal”, overturning a previous ruling by the Court of Appeal.’
The Independent, 26th February 2021
Source: www.independent.co.uk
‘Her Majesty’s Inspectorate of Constabulary has castigated police forces over stop and search, saying that 35 years after the power was introduced they were still unable to explain why black people are more likely to be targeted.’
The Guardian, 26th February 2021
Source: www.theguardian.com
‘The government has agreed to change the wording in its new maternity leave legislation from referring to “pregnant people” to “mothers” after the phrasing was rejected by the House of Lords – despite gender-neutral language being government convention.’
The Independent, 26th February 2021
Source: www.independent.co.uk
‘In the clinical negligence case of Aileen Brint v Barking, Havering and Redbridge University Hospitals NHS Trust [2021] EWHC 290 (QB), HHJ Platts dismissed the claim but declined to find the Claimant fundamentally dishonest. It is a reminder that significant unreliability does not necessarily equate to dishonesty, particularly where there is a complex psychological component.’
Parklane Plowden Chambers, 23rd February 2021
Source: www.parklaneplowden.co.uk
‘In the very interesting case of Motacus Constructions Ltd v Paolo Castelli SPA [2021] EWHC 356 (TCC), handed down on 22 February 2021 Judge Hodge QC determined:
“the apparently novel question whether the inclusion within a construction contracts for works in England of an exclusive jurisdiction clause in favour of a foreign court precludes the English court from entertaining proceedings for breach of the term implied by paragraph 23 of the Scheme [i.e. the Scheme for Construction Contracts] that the decision of an adjudicator binds the parties until the final determination of the dispute”.’
39 Essex Chambers, 24th February 2021
Source: www.39essex.com
‘The conjoined appeals in R v Byrne and ors. [2021] EWCA Crim 107 related to the safety of convictions arising from separate trials in which the Crown had instructed the same expert, Andrew Ager. Although the convictions were found to be safe, both Ager himself and the prosecution came in for stark criticism, particularly in light of previous high-profile failings in this area in R v Pabon [2018] EWCA Crim 420. The case provides the clearest reminder to all parties in criminal proceedings to ensure compliance with the requirements relating to expert evidence.’
6KBW College Hill, 17th February 2021
Source: blog.6kbw.com
‘In a landmark decision the Supreme Court has ruled that The Central London Employment Tribunal, and the Court of Appeal were correct to find that the Claimant Uber drivers were “workers”, rather than independent contractors. ‘Whether a contract is a ‘worker’s contract’ is a matter of statutory interpretation, not contractual interpretation. That involves taking a purposive approach which, in the employment context, is to protect those who are vulnerable as a result of their subordination to, and dependence upon, another person in relation to their work. In the case of Uber, the employment tribunal’s findings on the relative degree of control exercised by Uber and drivers respectively over the service provided to passengers justified its conclusion that the drivers were workers,’ according to the Supreme Court.’
Park Square Barristers, 24th February 2021
Source: www.parksquarebarristers.co.uk
‘Last Friday Chamberlain J handed down judgment in a challenge concerning the government’s compliance with procurement law and its own transparency guidance in the awarding of goods and services contracts during the COVID-19 pandemic. By reg. 50 of the Public Contracts Regulations 2015 the Secretary of State for Health and Social Care was obliged to send for publication a contract award notice (“CAN”) not later than 30 days after the award of a contract. By its transparency policy and principles it was obliged to publish details of any contract.’
39 Essex Chambers, 23rd February 2021
Source: www.39essex.com
‘These are strange times and the risks posed by the pandemic are constantly changing and increasing. The impact of this on individuals is significant and concerns about personal safety are high. Balancing those concerns with schooling, home schooling and contact means this will become even more difficult.’
Garden Court Chambers, 24th February 2021
Source: www.gardencourtchambers.co.uk
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