Determining the question of motivation in whistleblowing claims is not always as complicated as it seems – 3PB

‘Prior to her dismissal, the claimant was a senior employee with a continuous unblemished service record of 38 years.’

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3PB, 9th August 2021

Source: www.3pb.co.uk

Division of assets in a short childless marriage (E v L) – 1 GC: Family Law

‘In E v L, Mr Justice Mostyn considered an application for financial remedies following a short marriage. He concluded the fact that the marriage was childless was irrelevant to whether there should be a departure from the application of the equal sharing principle. Moreover, there was no reason to distinguish between an accrual (of assets) over a short marriage and an accrual over a longer marriage. The statutory factor of the duration of marriage was likely to be reflected in any event in that an acquest over a shorter period was likely to be less. Mostyn J also considered the approach to valuing businesses in this case where three accountants gave “hot-tub” evidence as to the value of one of the husband’s companies.’

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1 GC: Family Law, 10th August 2021

Source: 1gc.com

Thirty years of the Dangerous Dogs Act: time for change – 1 MCB Chambers

Posted August 25th, 2021 in animals, chambers articles, dogs, legal history, news by sally

‘On the 30th anniversary of the enactment of the Dangerous Dogs Act 1991, dangerous dogs and animal welfare expert Pamela Rose reflects on whether the statute is fit for purpose.’

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1 MCB Chambers, August 2021

Source: 1mcb.com

Recent Statutory Instruments – legislation.gov.uk

Posted August 25th, 2021 in legislation by tracey

SI 2021/946 – The Secure Tenancies (Notices) (Amendment) and Suspension (Coronavirus) (England) Regulations 2021

SI 2021/948 – The Wireless Telegraphy (Exemption) (Amendment) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted August 25th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Les Ambassadeurs Club Ltd v Yu [2021] EWCA Civ 1310 (24 August 2021)

FibroGen Inc v Akebia Therapeutics Inc [2021] EWCA Civ 1279 (24 August 2021)

X (Children) (Article 61 Biia) [2021] EWCA Civ 1305 (24 August 2021)

High Court (Chancery Division)

Goodwin v Avison & Ors [2021] EWHC 2356 (Ch) (23 August 2021)

Axnoller Events Ltd v Brake & Anor (Summary Costs Assessment) [2021] EWHC 2362 (Ch) (23 August 2021)

Jones & Anor v Lydon & Ors [2021] EWHC 2322 (Ch) (23 August 2021)

Jones & Anor v Lydon & Ors [2021] EWHC 2321 (Ch) (23 August 2021)

High Court (Queen’s Bench Division)

Junejo v New Vision TV Ltd [2021] EWHC 2366 (QB) (24 August 2021)

Source: www.bailii.org

Police failing to impose orders on men accused of abuse, watchdog finds – The Guardian

‘Police are failing to impose restraining orders or bail conditions on men accused of rape, domestic abuse, harassment and stalking, a watchdog has found, placing women and girls at increased risk of harm.’

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The Guardian, 24th August 2021

Source: www.theguardian.com

Stubton Hall School: Deputy head David Taylor jailed for rape – BBC News

Posted August 24th, 2021 in assault, news, rape, sentencing, sexual offences, special educational needs, teachers by sally

‘A deputy headmaster who raped and assaulted girls at a special needs school has been jailed.’

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BBC News, 23rd August 2021

Source: www.bbc.co.uk

Claimant ‘unreasonable’ for not using portal on overvalued case – Law Society’s Gazette

Posted August 24th, 2021 in costs, electronic filing, news, personal injuries, valuation by sally

‘A costs judge has ruled that a claimant acted unreasonably in not using the portal for a claim that proved to be vastly overvalued.’

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Law Society's Gazette, 23rd August 2021

Source: www.lawgazette.co.uk

High Court gives go-ahead for judicial review challenge over ‘Levelling Up Fund” – Local Government Lawyer

‘The High Court has granted the Good Law Project permission for its legal challenge against three Whitehall departments over the multi-billion pound “Levelling Up Fund”.’

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Local Government Lawyer, 23rd August 2021

Source: www.localgovernmentlawyer.co.uk

Power station firms to pay £6m after breaking market manipulation laws – The Guardian

Posted August 24th, 2021 in consumer protection, EC law, electricity, markets, news, regulations by sally

‘Two companies linked to a UK power station capable of supplying up to 1m homes are to pay £6m after breaking market manipulation laws.’

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The Guardian, 24th August 2021

Source: www.theguardian.com

High Court uses new guideline rates ahead of formal introduction – Legal Futures

Posted August 24th, 2021 in civil justice, Civil Justice Council, costs, fees, news, solicitors by sally

‘The new guideline hourly rates (GHR) will not formally come into force until 1 October but the High Court yesterday took them into account when dealing with a summary assessment.’

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Legal Futures, 24th August 2021

Source: www.legalfutures.co.uk

Anthony Adekola murder: Three guilty of Marks & Spencer worker’s killing – BBC News

Posted August 24th, 2021 in gangs, murder, news by sally

‘Three gang members have been found guilty of murdering a Marks & Spencer shop assistant who was stabbed at random in a postcode war.’

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BBC News, 23rd August 2021

Source: www.bbc.co.uk

Sex Pistols win legal fight against Johnny Rotten over songs – The Guardian

Posted August 24th, 2021 in agreements, artistic works, consent, licensing, media, news by sally

‘The former Sex Pistols frontman, Johnny Rotten, has lost a high court attempt to block the punk band’s songs from being used in a forthcoming drama series.’

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The Guardian, 23rd August 2021

Source: www.theguardian.com

XR demands answers on how protests will be policed after Supreme Court defends disruptive demonstrations – The Independent

‘Extinction Rebellion has demanded to know how its upcoming demonstrations will be policed after the Supreme Court ruled that protest can be a “lawful excuse” to block roads under human rights law.’

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The Independent, 22nd August 2021

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted August 23rd, 2021 in law reports by tracey

High Court (Chancery Division)

R5 Capital Ltd v Mitheridge Capital Management LLP [2021] EWHC 2316 (Ch) (20 August 2021)

Fraine v Foy [2021] EWHC 2302 (Ch) (20 August 2021)

High Court (Commercial Court)

Various Airfinance Leasing Companies & Ors v Saudi Arabian Airlines Corporation [2021] EWHC 2330 (Comm) (18 August 2021)

High Court (Family Division)

W (Young Person: Unavailability of Suitable Placement) [2021] EWHC 2345 (Fam) (20 August 2021)

High Court (Queen’s Bench Division)

Aderounmu v Colvin [2021 EWHC 2293 (QB) (20 August 2021)]

Source: www.bailii.org

Switching immigration category while present in the UK – EIN Blog

Posted August 23rd, 2021 in immigration, news, visas by tracey

‘Switching from one immigration category to another, from inside the UK, is not always straightforward. Certain routes allow you to stay in the UK under the Immigration Rules by switching visa category, whilst others do not. The updated Points-Based System (PBS), introduced at the end of 2020, has opened more visa categories to in-country switching.’

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EIN Blog, 17th August 2021

Source: www.ein.org.uk

Revocation orders, compensation and judicial review – Local Government Lawyer

Posted August 23rd, 2021 in compensation, housing, judicial review, local government, news, planning by tracey

‘A council has avoided liability for compensation for the effects of a rare “revocation order” made by them to revoke a planning permission granted in error for residential development by launching a Councillor-led judicial review of the grant after the revocation order proceedings had commenced. Meyric Lewis explains what happened.’

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Local Government Lawyer, 20th August 2021

Source: www.localgovernmentlawyer.co.uk

Council bans ice cream van from street following chime complaints – Local Government Lawyer

Posted August 23rd, 2021 in codes of practice, food, licensing, local government, news, noise, nuisance by tracey

‘An ice-cream van operator has been banned from operating on an East Suffolk Council street over a complaint that one of its vehicles sounded its chimes for too long.’

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Local Government Lawyer, 20th August 2021

Source: www.localgovernmentlawyer.co.uk

Costs judge rejects “regrettable” overcharging allegations – Legal Futures

Posted August 23rd, 2021 in asylum, costs, fees, immigration, law firms, news, professional conduct, solicitors by tracey

‘A judge has rejected claims by the wife of a convicted Kazakh businessman that she was overcharged by a London law firm for her asylum application and described the allegations of misconduct she levelled as “regrettable”.’

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Legal Futures, 23rd August 2021

Source: www.legalfutures.co.uk

PDS employee dismissed after work with murderer awarded £100k – Legal Futures

‘The Public Defender Service (PDS) has been ordered to pay £100,000 in compensation to an employee unfairly dismissed after suffering post-traumatic stress disorder (PTSD) due to her work debriefing a murderer.’

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Legal Futures, 23rd August 2021

Source: www.legalfutures.co.uk