Meetings of local authorities in England must be face to face from 7 May, judges rule – Local Government Lawyer

Posted April 29th, 2021 in coronavirus, local government, news, regulations, time limits by sally

‘Meetings held by local authorities in England under the Local Government Act 1972 must take place in person from 7 May when emergency regulations introduced in the early stages of the first lockdown expire, the Divisional Court has ruled.’

Full Story

Local Government Lawyer, 28th April 2021

Source: www.localgovernmentlawyer.co.uk

Tomlinson-Blake in the Supreme Court – by Kate Ewing – UK Labour Law

Posted April 29th, 2021 in care workers, minimum wage, news, remuneration, Supreme Court, working time by sally

‘The Supreme Court decision in Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad & Another (T/A Clifton House Residential Home) [2021] UKSC 8 (“Mencap”) can only be described as a bitter blow to low paid, hard-working care workers who have been at the forefront of the most essential work during the ongoing global pandemic. In emotional terms it is hard to comprehend how such workers can feel anything other than betrayed and devalued as a result. The decision is, in the context of the great efforts by these workers, quite simply crushing. In legal terms, the decision also generates real concerns about the fragmentation of a basic minimum labour standard – the wage floor. One difficulty is the legal framework that workers have to rely on in relation to minimum wage protection in the UK. Further concerns also relate to the approach taken by the Supreme Court to the concept of time to be considered working (“work time”) in relation to the National Minimum Wage (“NMW”).’

Full Story

UK Labour Law, 28th April 2021

Source: uklabourlawblog.com

Dale Tyson: ‘Deplorable’ sex offender may have more victims – BBC News

‘A man who used a fake online profile to dupe children into sending him graphic images of themselves may have targeted “many more”, police have said.’

Full Story

BBC News, 28th April 2021

Source: www.bbc.co.uk

PM can be challenged in court over Priti Patel bullying decision, hearing rules – The Guardian

‘Boris Johnson’s decision to back Priti Patel and disregard the findings of his adviser on ministerial standards that the home secretary had bullied staff can be challenged in court, a hearing has ruled.’

Full Story

The Guardian, 27th April 2021

Source: www.theguardian.com

Case Preview: Lloyd v Google LLC – UKSC Blog

‘In this post, Kenny Henderson and Alex Askew of CMS preview the appeal being heard over the next two days in the matter of Lloyd v Google LLC, which concerns a claim alleging that the appellant (“Google”) breached its duties as a data controller to over 4m Apple iPhone users during a period of some months in 2011- 2012, when Google was able to collect and use their browser generated information.’

Full Story

UKSC Blog, 28th April 2021

Source: ukscblog.com

Man sentenced for blinding motorcyclist with egg in Wigston – BBC News

Posted April 29th, 2021 in grievous bodily harm, guilty pleas, motorcycles, news, sentencing by sally

‘A man has been sentenced after blinding a motorcyclist in one eye by throwing an egg at him from a car.’

Full Story

BBC News, 28th April 2021

Source: www.bbc.co.uk

Supreme Court agrees to hear battle over termination of fixed term secure flexible tenancies – Local Government Lawyer

‘The Supreme Court has granted Croydon Council permission to appeal in a dispute over the termination of fixed term secure flexible tenancies.’

Full Story

Local Government Lawyer, 28th April 2021

Source: www.localgovernmentlawyer.co.uk

Boris Johnson flat inquiry: what sanctions can watchdog impose? – The Guardian

‘Boris Johnson is bracing for an investigation by the Electoral Commission into payments covering renovations to his Downing Street flat. What will the process will look like and what sanctions could the Conservative party face?’

Full Story

The Guardian, 28th April 2021

Source: www.theguardian.com

New Statutory Instruments – legislation.gov.uk

Posted April 29th, 2021 in legislation by tracey

The Recognised Auction Platforms and Greenhouse Gas Emissions Trading Scheme Auctioning (Amendment) Regulations 2021

The National Health Service Trust (Scrutiny of Deaths) (England) Order 2021

The Extradition Act 2003 (Codes of Practice and Transit Code of Practice) Order 2021

The Inspectors of Education, Children’s Services and Skills (No. 2) Order 2021

The Greenhouse Gas Emissions (Kyoto Protocol Registry) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 29th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

City of London Police v Geldart [2021] EWCA Civ 611 (28 April 2021)

CHF & Ors, R (On the Application Of) v Newick Church of England Primary School & Anor [2021] EWCA Civ 613 (28 April 2021)

High Court (Administrative Court)

Hertfordshire County Council & Ors v Secretary of State for Housing, Communities And Local Government [2021] EWHC 1093 (Admin) (28 April 2021)

Ogunsola, R (On the Application Of) v Crown Court At Aylesbury [2021] EWHC 1062 (Admin) (28 April 2021)

Kaderli v Chief Public Prosecutor’s Office of Gebeze, Turkey [2021] EWHC 1096 (Admin) (28 April 2021)

High Court (Chancery Division)

British Telecommunications Plc v Revenue And Customs [2021] EWHC 1095 (Ch) (28 April 2021)

Original Beauty Technology Company Ltd & Ors v G4k Fashion Ltd & Ors [2021] EWHC 953 (Ch) (28 April 2021)

Hellfire Entertainment Ltd v Acimar Ltd [2021] EWHC 1077 (Ch) (28 April 2021)

Original Beauty Technology Company Ltd & Ors v G4k Fashion Ltd & Ors [2021] EWHC 954 (Ch) (28 April 2021)

Matter of Arboretum Devon (RLH) Ltd, Re [2021] EWHC 1047 (Ch) (28 April 2021)

Carl v Edwards [2021] EWHC 1103 (Ch) (27 April 2021)

High Court (Technology and Construction Court)

Kang & Anor v Pattar [2021] EWHC 1101 (TCC) (28 April 2021)

Source: www.bailii.org..uk

Nicholas Reed Langen: Confronting Climate Change in the Courts – UK Constitutional Law Association

‘Talk is cheap. Governments, particularly wealthy, western ones, have been quick to make promises on climate change. They swear blind that they understand the threat the world faces, and that they will implement a policy response commensurate with it. Few nations have adopted this rhetoric as determinedly as the UK, with the British government promising to transform the UK into a net-zero country by 2050, an oath enshrined in law through the passing of the Climate Change Act 2008 (Order 2019) by Parliament in the summer of 2019.’

Full Story

UK Constitutional Law Association, 27th April 2021

Source: ukconstitutionallaw.org

Court of Appeal overturns order discharging mother as party in Court of Protection proceedings – Local Government Lawyer

‘The Court of Appeal has allowed an appeal from a decision by the Vice-President of the Court of Protection to discharge a mother as a party to proceedings concerning her highly vulnerable 19-year-old daughter (P).’

Full Story

Local Government Lawyer, 27th April 2021

Source: www.localgovernmentlawyer.co.uk

Grenfell: Government defeated on fire safety costs bill – BBC News

‘The government has been defeated for a fourth time on its Fire Safety Bill as the House of Lords voted to shield residents from fire safety work costs.’

Full Story

BBC News, 27th April 2021

Source: www.bbc.co.uk

Ep 142: Vaccine Hesitancy and the Court of Protection: Who Decides? – Law Pod UK

Posted April 28th, 2021 in coronavirus, Court of Protection, mental health, news, podcasts, vaccination by sally

‘What happens, if someone lacks capacity under the Mental Capacity Act, and their family for whatever reason objects to the Covid vaccine? Amelia Walker discusses three recent cases with Rosalind English.’

Full Story

Law Pod UK, 27th April 2021

Source: audioboom.com

Geoffrey Broome: Youth football coach jailed for abusing players – BBC News

‘A former youth football coach who abused players in his care had previously received a caution for spanking an 11-year-old boy, a court heard.’

Full Story

BBC News, 27th April 2021

Source: www.bbc.co.uk

I suffered faith-based conversion therapy – Boris Johnson’s religious loophole is deeply worrying – The Independent

‘By creating exemptions in legislation to ban conversion therapies, we leave thousands of young people vulnerable to abuse. I can no more cure my sexuality than I can scrub the brown from my skin.’

Full Story

The Independent, 28th April 2021

Source: www.independent.co.uk

Teenager who threw six-year-old from Tate Modern was not considered a risk – The Guardian

‘An autistic teenager who threw a six-year-old boy from the Tate Modern was not considered a risk to others at the time, despite previously assaulting police and a restaurant worker and hitting support staff with a brick, a report has found.’

Full Story

The Guardian, 27th April 2021

Source: www.theguardian.com

Dropping of stalkers’ register from bill an ‘insult to victims’ – The Guardian

‘Ministers have been accused of misleading and insulting victims after a push by a cross-party group of peers to create an automatic register of dangerous domestic abusers and stalkers was dropped.’

Full Story

The Guardian, 27th April 2021

Source: www.theguardian.com

New Statutory Instruments – legislation.gov.uk

Posted April 28th, 2021 in legislation by tracey

The Vaccine Damage Payments (Specified Disease) (Amendment) Order 2021

The Pension (Non-Taxable Payments Following Death) (Real Time Information) Regulations 2021

The National Health Service Trust (Scrutiny of Deaths) (England) Order 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 28th, 2021 in law reports by tracey

Court of Appeal (Criminal Division)

Barker, R. v [2021] EWCA Crim 603 (27 April 2021)

MS, Application By Prosecution for Leave To Appeal [2021] EWCA Crim 600 (27 April 2021)

High Court (Administrative Court)

Keir, R (On the Application Of) v Natural England [2021] EWHC 1059 (Admin) (27 April 2021)

Choiceplace Properties Ltd v Secretary of State for Housing Communities And Local Government [2021] EWHC 1070 (Admin) (27 April 2021)

High Court (Chancery Division)

Lizzium Ltd v The Crown Estate Commissioners [2021] EWHC 941 (Ch) (27 April 2021)

Sprint Electric Ltd v Buyer’s Dream Ltd & Anor [2021] EWHC 960 (Ch) (26 April 2021)

Tolmie & Anor v Taylor & Anor [2021] EWHC 1055 (Ch) (26 April 2021)

High Court (Commercial Court)

Skatteforvaltningen (The Danish Customs And Tax Administration) v Solo Capital Partners LLP & Ors [2021] EWHC 974 (Comm) (27 April 2021)

Bugsby Property LLC v LGIM Commercial Lending Ltd & Anor [2021] EWHC 1054 (Comm) (27 April 2021)

Source: www.bailii.org