15/03/2021 – Current Awareness

‘A recent High Court decision on the legal status of a UK statutory restructuring plan may impact on the way in which these proceedings are viewed by European courts post-Brexit.’

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OUT-LAW.com, 12th March 2021

Source: www.pinsentmasons.com

A final account problem – JSM Construction v Western Power – Practical Law: Construction Blog

Posted March 15th, 2021 in construction industry, contracts, financial dispute resolution, news, striking out by tracey

‘The final account is normally a wrap-up of the contractor’s valid claims for extra payment. It’s particularly helpful if claims were not submitted or assessed as works progressed. So, what happens if the contract doesn’t have a final account procedure but there are claims outstanding once the works are finished? Can a final account procedure be implied under section 110(3) of the Construction Act 1996?’

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Practical Law: Construction Blog, 8th March 2021

Source: constructionblog.practicallaw.com

Mikołaj Barczentewicz: An empirical study of the gender of counsel before the UK’s highest court – UK Constitutional Law Association

Posted March 15th, 2021 in barristers, constitutional law, diversity, equality, gender, legal profession, news, statistics, Supreme Court, women by tracey

‘During the live television coverage of the Supreme Court hearings in Miller (No 1), some commentators (and no doubt many members of the public) noted that almost all lawyers in the courtroom were male. That image of the UK’s “Supreme Court bar” (to borrow a US term), though not entirely accurate, highlighted an ongoing problem with gender representation. In a new study (available here), I analysed the trends of gender and seniority in counsel appearances before the House of Lords and the Supreme Court from 1970 to 2020 based on a unique dataset I created covering 5,041 lawyers and 2,714 judgments. I found that there are some very optimistic signs regarding appearances of the most junior counsel. However, gender balance among the more senior counsel is not as good and has not been clearly improving over the most recent years, which matters because counsel with more experience before the highest court dominate litigation in that court. The unprecedented representation of women among the most junior counsel in the Supreme Court gives nevertheless a reason to believe that the situation will improve also among the more senior counsel.’

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UK Constitutional Law Association , 15th March 2021

Source: ukconstitutionallaw.org

Judicial review, standing and interest in the outcome – Local Government Lawyer

Posted March 15th, 2021 in children, fraud, local government, locus standi, news, practice directions by tracey

‘A recent ruling has confirmed that applicants for judicial review must have a sufficient interest in the relief sought to have standing to bring the claim, write Sarah Salmon and Joshua Swirsky.’

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Local Government Lawyer, 12th March 2021

Source: www.localgovernmentlawyer.co.uk

Impact on lawyers of traumatic cases “worsened by pandemic” – Legal Futures

Posted March 15th, 2021 in barristers, coronavirus, legal aid, legal profession, mental health, news, solicitors by tracey

‘Covid-19, coupled with the savage cuts in legal aid, have greatly added to the vicarious trauma suffered by social justice lawyers and other law workers from being immersed in clients’ day-to-day problems, the authors of a new book have argued.’

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Legal futures, 15th March 2021

Source: www.legalfutures.co.uk

Barder: Where are we now? – Family Law

Posted March 15th, 2021 in appeals, coronavirus, divorce, families, family courts, financial dispute resolution, financial provision, news, time limits by tracey

‘Few would have thought back on 1 March 2020 that we would, some 12 months later, be facing the first birthday of the strictest restrictions on personal freedoms in living memory. As we approach the anniversary of the first lockdown on 23 March 2020, it seems appropriate that we reconsider one of key questions of family lawyers back in Spring 2020, that of whether the pandemic was likely to satisfy the principles set down in the 1987 case of Barder v Barder [1987] 2 FLR 480. Unprecedented times, there is no doubt, but unprecedented enough to constitute a Barder event?’

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Family Law, 12th March 2021

Source: www.familylaw.co.uk

Multiple employment claims shoot up as Covid hits working conditions – Law Society’s Gazette

Posted March 15th, 2021 in age discrimination, class actions, coronavirus, employment, employment tribunals, Ministry of Justice, news, statistics, unfair dismissal by tracey

‘Multiple claims in the employment tribunal nearly doubled towards the end of 2020 as the effects of the pandemic took effect. Statistics published this week by the Ministry of Justice show 29,000 claims were made by more than one person based on the same set of facts in the final three months of last year. This is 82% up on the same period in 2019.’

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Law Society's Gazette, 12th March 2021

Source: www.lawgazette.co.uk

‘Unwarranted attack’ by judge on indecent assault accuser could discourage women coming forward, she claims – The Independent

Posted March 15th, 2021 in complaints, harassment, judges, news, sexual offences, women by tracey

‘A woman who accused hedge fund boss Crispin Odey of indecent assault has complained about a judge’s “unwarranted attack” on her character, according to a report.’

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The Independent, 15th March 2021

Source: www.independent.co.uk

Policing bill: What are the new powers to ‘manage’ protests? – The Independent

Posted March 15th, 2021 in bills, demonstrations, investigatory powers, news, police, sentencing by tracey

‘Governments of whatever party seem to come up with a new “law and order” bill almost every year, and these often turn into great caravans of minor legal changes, many of which are uncontroversial. The Police, Crime, Sentencing and Courts Bill, which will be debated by MPs on Monday and Tuesday, is the latest of its kind – and it has suddenly become intensely topical because of the debate over the policing of the vigil for Sarah Everard on Saturday.’

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The Independent, 15th March 2021

Source: www.independent.co.uk

Contact after Findings of Domestic Abuse – Family Law Week

Posted March 15th, 2021 in children, domestic violence, families, family courts, news, parental responsibility, practice directions by tracey

‘Teena Dhanota-Jones, Consultant at Simons Muirhead Burton, analyses a recent case involving the interplay of the law on contact and Practice Direction 12J on domestic abuse.’

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Family Law Week, 10th March 2021

Source: www.familylawweek.co.uk

Johnson to chair crime taskforce on violence against women as he calls Everard vigil footage ‘concerning’ – The Independent

Posted March 15th, 2021 in bills, coronavirus, criminal justice, Crown Prosecution Service, demonstrations, enforcement, government departments, murder, news, police, violence, women by tracey

‘Boris Johnson will chair a meeting of the government’s crime and justice taskforce on Monday to discuss what more needs to be done to stamp out violence against women and girls.’

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The Independent, 15th March 2021

Source: www.independent.co.uk