Law and the Culture War – UK Human Rights Blog

‘The judgment in Forstater v CDG Europe UKEAT/0105/20/JOJ has forced the courts yet again to grapple with the transgender debate. We have already seen the judiciary face up to the challenging issues of whether children with gender dysphoria can consent to receiving puberty blockers (see recent decision in Bell v Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363). In the present case, the issue was whether the Claimant’s belief that biological sex is real, important, immutable, and not to be conflated with gender identity was a “philosophical belief” within the meaning of section 10 of Equality Act 2010 (“EqA”).’

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UK Human Rights Blog, 21st September 2021

Source: ukhumanrightsblog.com

Barrister waived privilege in document by showing it to opposing counsel – Legal Futures

Posted September 22nd, 2021 in barristers, disclosure, evidence, news, privilege, repossession, witnesses by sally

‘Counsel for a defendant in possession proceedings voluntarily disclosed a draft witness statement to her opposing number and in doing so waived privilege, the High Court has ruled.’

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Legal Futures, 22nd September 2021

Source: www.legalfutures.co.uk

Richard Mackenzie-Gray Scott: Rebalancing upstream and downstream scrutiny of government during national emergencies – UK Constitutional Law Association

‘Scrutiny comes in many forms, which can lead to many outcomes. Public scrutiny of Government is one such form, which is an element of democratic governance that aligns with the rule of law. Yet those experiencing and observing the ongoing administration of life in the UK during the COVID-19 pandemic might be forgiven for arriving at the conclusion that public scrutiny of Government is an ideal currently evaporating into the ether.’

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UK Constitutional Law Association, 21st September 2021

Source: ukconstitutionallaw.org

QC calls on UK to support female judges at risk in Afghanistan – The Guardian

‘Helena Kennedy QC has launched an urgent appeal to provide support to judges along with lawyers, women’s rights activists, human rights defenders and their families at risk in Afghanistan and in need of a safe haven abroad.’

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The Guardian, 21st September 2021

Source: www.theguardian.com

Tribunal declines to strike out pupillage discrimination claim – The Guardian

‘An employment tribunal has refused to strike out a claim that a chambers discriminated against a pupillage applicant even though it has “little reasonable chance” of succeeding.’

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Legal Futures, 21st September 2021

Source: www.legalfutures.co.uk

How Will Voter ID Impact Human Rights? – Each Other

Posted September 22nd, 2021 in bills, elections, fraud, human rights, identification, news, statistics by sally

‘A new bill could prevent millions of people from being able to vote, according to a report published by the Joint Committee on Human Rights (JCHR).’

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Each Other, 21st September 2021

Source: eachother.org.uk

Harry Dunn: Parents reach resolution in civil case against suspect – BBC News

‘The parents of Harry Dunn have reached a “resolution” in a civil claim for damages with the woman alleged to have killed him, the family’s spokesman has said.’

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BBC News, 21st September 2021

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 22nd, 2021 in legislation by tracey

SI 2021/1066 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 12) Regulations 2021

SI 2021/1043 – The Trailer Registration (Amendment) Regulations 2021

SI 2021/1065 – The Social Security Benefits (Claims and Payments) (Amendment) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 22nd, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Thaler v Comptroller General of Patents Trade Marks And Designs [2021] EWCA Civ 1374 (21 September 2021)

Poule Securities Ltd v Howe & Ors [2021] EWCA Civ 1373 (21 September 2021)

B-M (Children: Findings of Fact) [2021] EWCA Civ 1371 (20 September 2021)

High Court (Administrative Court)

Chadwin & Ors, R (On the Application Of) v Financial Services Compensation Scheme Ltd [2021] EWHC 2523 (Admin) (20 September 2021)

High Court (Chancery Division)

Pharmagona Ltd v Taheri & Anor [2021] EWHC 2537 (Ch) (21 September 2021)

Ristorante Limited (t/a Bar Massimo) v Zurich Insurance Plc [2021] EWHC 2538 (Ch) (21 September 2021)

Axnoller Events Ltd v Brake & Anor (cross-examination on a draft witness statement) [2021] EWHC 2539 (Ch) (20 September 2021)

High Court (Queen’s Bench Division)

AAA plc & Ors v Persons Unknown [2021] EWHC 2529 (QB) (20 September 2021)

Source: www.bailii.org

Ministers plan legal action to stop Insulate Britain disrupting motorways – The Guardian

‘Priti Patel and Grant Shapps are seeking a court injunction to stop environmental protesters from targeting major motorways after five days of tailbacks and damaging headlines for the government.’

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The Guardian, 21st September 2021

Source: www.theguardian.com

UK staff to gain right to request flexible working from day one – The Guardian

Posted September 21st, 2021 in consultations, equality, flexible working, news, reasons by sally

‘Employees will have the right to request flexible working from the moment they start a job, with companies obliged to explain their reasons if it is then refused, the government will propose in a consultation document this week.’

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The Guardian, 20th September 2021

Source: www.theguardian.com

Northampton man guilty of attempted murder of stranger – BBC News

Posted September 21st, 2021 in attempted murder, grievous bodily harm, news by sally

‘A man who strangled a woman in a random attack after she left a supermarket has been convicted of attempted murder.’

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BBC News, 20th September 2021

Source: www.bbc.co.uk

London butcher hit with £40k fine for selling poor quality chicken, following successful prosecution – Local Government Lawyer

Posted September 21st, 2021 in fines, food, health & safety, local government, news by sally

‘A warrant is out for the arrest of a butcher after prosecutors at Barking and Dagenham Council secured a conviction over the attempted sale of poor-quality chicken to customers.’

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Local Government Lawyer, 20th September 2021

Source: www.localgovernmentlawyer.co.uk

Windrush victims launch legal action over compensation delays – The Guardian

‘Two victims of the Windrush scandal have launched legal proceedings against the Home Office over protracted delays in issuing compensation, asking for clarity on how claims can be expedited.’

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The Guardian, 21st September 2021

Source: www.theguardian.com

Tribunal fines solicitor convicted of dangerous driving – Legal Futures

‘A solicitor who received a suspended prison sentence for dangerous driving after hitting a telegraph pole as well as multiple parked cars has been fined by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 21st September 2021

Source: www.legalfutures.co.uk

Grimsby doctor who nearly killed partner in ‘exorcism’ rituals jailed – The Guardian

Posted September 21st, 2021 in doctors, news, poisoning, sentencing by sally

‘An anaesthetist has been given a 14-and-a-half year jail sentence for injecting his partner with drugs during a series of exorcism ceremonies that left her close to death.’

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The Guardian, 20th September 2021

Source: www.theguardian.com

Government to undertake review of ‘Retained EU law’, ensure courts have full ability to depart from EU case law “according to normal rules” – Local Government Lawyer

Posted September 20th, 2021 in brexit, data protection, EC law, government departments, news, statute law revision by tracey

‘The Government is to conduct a review of “Retained EU law”, the legislation taken onto the statute book through the European Union (Withdrawal) Act of 2018, Lord Frost has announced.

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Local Government Lawyer, 17th September 2021

Source: www.localgovernmentlawyer.co.uk

Housing disrepair claims and costs – Local Government Lawyer

Posted September 20th, 2021 in costs, housing, landlord & tenant, local government, news, repairs by tracey

‘Social landlords who do not challenge costs are potentially overpaying by tens of thousands of pounds in some of these matters. Alex Bagnall explains how they can secure significant reductions.’

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Local Government Lawyer, 17th September 2021

Source: www.localgovernmentlawyer.co.uk

Claimant who exaggerated impact of injury not fundamentally dishonest – Legal Futures

Posted September 20th, 2021 in accidents, compensation, damages, deceit, news, personal injuries by tracey

‘A judge was right to find that a claimant who exaggerated the impact of a serious injury was not fundamentally dishonest, the High Court has ruled.’

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Legal Futures, 20th September 2021

Source: www.legalfutures.co.uk

News focus: Data protection reform – a bonfire, or building back better? – Law Society’s Gazette

Posted September 20th, 2021 in brexit, consultations, data protection, government departments, news by tracey

‘Government plans to streamline the data protection regime aim to foster innovation in the sector, but have also reignited concerns about automated data processing and the erosion of rights.’

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Law Society's Gazette, 20th September 2021

Source: www.lawgazette.co.uk