Research Briefing: Police powers: detention and custody – House of Commons Library

‘This Commons Library briefing paper describes police detention powers and outlines a recent history of their reform. It also describes the police custody estate.’

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House of Commons Library, 3rd August 2021

Source: commonslibrary.parliament.uk

Recent Statutory Instruments – legislation.gov.uk

Posted August 9th, 2021 in legislation by tracey

SI 2021/923 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 8) Regulations 2021

SI 2021/921 – The Drivers’ Hours and Tachographs (Temporary Exceptions) (No. 2) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted August 9th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Baines & Anor v Dixon Coles & Gill (A firm) & Ors [2021] EWCA Civ 1211 (06 August 2021)

Awards Drinks Ltd v Revenue And Customs [2021] EWCA Civ 1235 (06 August 2021)

High Court (Administrative Court)

M, R (On the Application Of) v London Borough of Waltham Forest [2021] EWHC 2241 (Admin) (06 August 2021)

High Court (Commercial Court)

Ross Leasing Ltd & Ors v Nile Air [2021] EWHC 2201 (Comm) (06 August 2021)

Lopesan Touristik SA v Apollo European Principal Finance Fund III (Dollar A) LP & Or [2021] EWHC 2141 (Comm) (06 August 2021)

High Court (Patents Court

Abbott Laboratories Ltd v Dexcom Incorporated [2021] EWHC 2246 (Pat) (06 August 2021)

Source: www.bailii.org

Unfair dismissal and religion again: Ferguson v Kintail Trustees – Law & Religion UK

‘In Mr K Ferguson v Kintail Trustees Ltd & Anor [2021] ET 4103321/2020, the claimant was Director and Chief Executive of Kintail Trustees, a limited company that operates as the corporate trustee of the Robertson Trust, a charity. He was also an elder, the treasurer and a trustee of Stirling Free Church of Scotland’

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Law & Religion UK, 9th August 2021

Source: lawandreligionuk.com

The Queen (o.a.o Rayner) v Leeds Magistrates Court: closure orders, legal aid reviews and adjournments – Nearly Legal

‘In this recent judicial review (2021) EWHC 1964 (Admin) H.H. Judge Gosnell addressed interesting questions around closure orders, adjournments, Article 6(1) rights, and the refusal of the Magistrates Court to state a case. He declined to grant relief because the issue had become academic, but if that had not been the case he would have found for the Claimant. Leeds City Council, the Claimant’s landlord, were an Interested Party in the JR, took a neutral position and were not represented. Leeds District Magistrates Court, the Defendant, did the same, the usual approach where a court is challenged.’

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Nearly Legal, 8th August 2021

Source: nearlylegal.co.uk

No power to accept late review request – Nearly Legal

‘Kalonga, R (On the Application Of) v The London Borough of Croydon (2021) EWHC 2174 (Admin). While Croydon v Kalonga on terminating flexible tenancies during the fixed term is to be heard by the Supreme Court (our report on the Court of Appeal here), Ms Kalonga’s fixed term has come to an end and Croydon had served the requisite s.107D(3) notice stating their intention not to grant a further term. This was the circumstance that gave rise to this decision on preliminary issues in a judicial review.’

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Nearly Legal, 8th August 2021

Source: nearlylegal.co.uk

Supreme Court clarifies when tax follower notice can be issued – OUT-LAW.com

‘The UK Supreme Court has upheld the quashing of a “follower notice” that would have required a taxpayer to settle his tax dispute on the basis of a ruling in a different tax case, or to face a large penalty if his dispute was ultimately unsuccessful.’

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OUT-LAW.com, 6th August 2021

Source: www.pinsentmasons.com

Employer reasonable adjustment requirements highlighted in pay dispute – OUT-LAW.com

‘A recent ruling by the Employment Appeal Tribunal (EAT) provides useful guidance for employers about their obligations to make ‘reasonable adjustments’ to pay to account for employee disability, an employment law expert has said.’

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OUT-LAW.com, 6th August 2021

Source: www.pinsentmasons.com

Dental Negligence, Vicarious Liability and Non-Delegable Duty: A Test Case – UK Human Rights Blog

‘In Hughes v Rattan [2021] EWHC 2032 (QB), the High Court was asked to answer the following question. Was the owner of a dental practice liable for the dental negligence of a self-employed dentist engaged to work in the practice? The claim arose from NHS care provided by three different associate dentists. The preliminary issue was whether the practice owner was liable by reason of: a) a non-delegable duty of care; or b) vicarious liability. The Court answered: “yes” and “yes”.’

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UK Human Rights Blog, 6th August 2021

Source: ukhumanrightsblog.com

Radio host sentenced to 32 months’ imprisonment for inciting racial hatred on his radio show – Crown Prosecution Service

‘A radio host has been sentenced to 32 months’ imprisonment for using antisemitic language and racial slurs on his live radio show.’

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Crown Prosecution Service, 6th August 2021

Source: www.cps.gov.uk

Menopause at centre of increasing number of UK employment tribunals – The Guardian

‘Growing numbers of women are taking their employers to court citing the menopause as proof of unfair dismissal and direct sex discrimination, researchers have said.’

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The Guardian, 7th August 2021

Source: www.theguardian.com

Wrong bodies released by NHS mortuaries dozens of times – The Independent

Posted August 9th, 2021 in bereavement, families, hospitals, news, statistics by tracey

‘There have been more than 530 serious incidents where NHS trusts have released the wrong body to families or lost, damaged or kept the organs or bodies of babies without family permission, new figures reveal.’

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The Independent, 8th August 2021

Source: www.independent.co.uk

Home Office records 70 racist incidents by far right at asylum accommodation – The Guardian

‘The Home Office has recorded 70 racist incidents by far-right supporters against asylum seekers in barracks and hotel accommodation, according to a freedom of information response obtained by the Guardian.’

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The Guardian, 8th August 2021

Source: www.theguardian.com

Verphy Kudi: Mother jailed for leaving toddler alone for days to starve to death – The Independent

‘The teenage mother who left her 20-month-old daughter to starve to death while she partied in London and Coventry has been jailed for nine years.’

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The Independent, 7th August 2021

Source: www.independent.co.uk

Covid PCR costs can be excessive and exploitative, says Javid – BBC News

‘The health secretary has asked the competition watchdog to investigate “excessive” pricing and “exploitative practices” among PCR Covid test firms.’

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BBC News, 8th August 2021

Source: www.bbc.co.uk

More than 100 councils and charities vow to boycott Home Office policy to deport rough sleepers – The Independent

‘More than 110 local councils and charities have vowed to boycott a controversial new Home Office policy to deport foreign rough sleepers. Rules that came into effect on 1 January made rough sleeping grounds to cancel or refuse a non-British national’s right to be in the UK.’

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The Independent, 8th August 2021

Source: www.independent.co.uk

Bosses battle over rights and wrongs of ‘no jab, no job’ – The Guardian

Posted August 9th, 2021 in coronavirus, employment, human rights, news, unfair dismissal, vaccination by tracey

‘While big-name US firms can compel their staff to be vaccinated against Covid, in the UK the issue is a legal and moral minefield.’

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The Guardian, 8th August 2021

Source: www.theguardian.com