‘An exclusive London casino racially discriminated against one of its dealers by allowing a request by a patron not to have black dealers at their table, an employment tribunal has found.’
The Guardian, 2nd November 2021
Source: www.theguardian.com
‘The issue of how the protection of privacy rights should be balanced as against the fundamental public interest in achieving transparency and open justice within the family justice system has long vexed the family division of the High Court. On the one hand, ensuring the confidentiality of family law proceedings is crucial both in terms of protecting the fundamental privacy rights of those individuals who find themselves caught up in such proceedings and in terms of maximising their engagement in the process. On the other hand, a lack of meaningful transparency around the work of the family courts undermines public trust in the family justice system, increases the risk of miscarriages of justice and inhibits the public’s ability to press for reforms of the system on a properly informed basis. The family courts have for a number of years recognised that this balance was weighted too strongly in favour of preserving the confidentiality of family court proceedings, but that still left the fantastically difficult question of how the system should be reformed so as to increase the level of transparency. These are issues that were considered most recently by the courts in the case of Newman v Southampton City Council [2021] EWCA Civ 437. In that case, a journalist who had been unable to attend the first instance hearings of a particular high profile adoption case, was seeking access to the documents which had been placed before the first instance court. The Court of Appeal concluded that the High Court had been right to conclude that the balance of interests tipped in favour of preserving the confidentiality of the majority of relevant documents. However, it also observed that the case served to ‘underline the need for the Transparency Review’ (paragraph 92).’
Panopticon, 2nd November 2021
Source: panopticonblog.com
‘When DCI Simon Harding said that police officers viewed Wayne Couzens not as a police officer who was a murderer but as “a murderer who happened to be a police officer”, he was perhaps telling us more than he meant to about police culture. You might think that his cue came from the very top, after, in June, Dame Cressida Dick described the police as a body where you might find an “occasional bad’un”.’
Doughty Street Chambers, 5th October 2021
Source: insights.doughtystreet.co.uk
‘The CJA 2003 introduced a sea-change in how bad character evidence was admitted in criminal proceedings. This article is a discussion on the important but difficult subject of when and how bad character evidence may be admitted in a health and safety prosecution. In particular, we consider applications to admit Enforcement Notices issued by the Health and Safety Executive where the prosecution seeks to rely on these Notices as evidence to prove the defendant’s propensity to offend.’
Henderson Chambers, 1st November 2021
Source: www.hendersonchambers.co.uk
‘The Supreme Court has handed down judgment this morning in a case of “constitutional importance” concerning the Home Office’s non-compliance with a tribunal bail order.’
Garden Court Chambers, 20th October 2021
Source: www.gardencourtchambers.co.uk
‘The UK Supreme Court has provided guidance on the English law approach to questions of the applicable law of an arbitration agreement in a key recent judgment.’
OUT-LAW.com, 2nd November 2021
Source: www.pinsentmasons.com
‘On 20 October 2021 the government published the latest statutory guidance for Chief Officers of Police. It comes into force on 1 November 2021. Given that the consultation was in 2019 it is almost certain that the timing of its publication and much of its content are a direct result of the tragic events in Plymouth on 12 August 2021, where five people were killed and two others injured by a man using a semi-automatic shotgun for which he held a shotgun certificate. This prompted steps to make the process of obtaining and, in particular, retaining a firearms or shotgun certificate more robust.’
5SAH, 25th October 2021
Source: www.5sah.co.uk
‘This case relates to a dispute arising in the context of a longstanding commercial arrangement, the terms of which had never been reduced to writing. The court considered whether an overriding agreement had been expressly entered into by the parties, as well as whether a number of terms formed part of the agreement between them, either by implication or subsequent variation. Such terms included an agreement on exclusivity, a duty to act in good faith, and a duty to use best endeavours, among others. The case also explores the requirements for a relational contract by reference to the overriding agreement and a number of Specific Supply Agreements (SSAs), and serves as a useful reminder for parties entering commercial arrangements of the pitfalls of failing to reduce their agreement to writing, particularly in the light of the fallible nature of oral evidence. Written by Mariya Peykova, barrister at 3PB Barristers.’
3PB, 15th October 2021
Source: www.3pb.co.uk
Court of Appeal (Civil Division)
Siddiqui v Siddiqui & Anor [2021] EWCA Civ 1572 (02 November 2021)
Disclosure and Barring Service v AB [2021] EWCA Civ 1575 (01 November 2021)
High Court (Administrative Court)
O’Connor v Crown Prosecution Service [2021] EWHC 2900 (Admin) (02 November 2021)
Essel, Review of the tariff [2021] EWHC 2920 (Admin) (02 November 2021)
High Court (Chancery Division)
Richmondshire District Council v Dealmaster Ltd & Anor [2021] EWHC 2892 (Ch) (01 November 2021)
High Court (Commercial Court)
ECU Group PLC v HSBC Bank PLC & Ors [2021] EWHC 2875 (Comm) (01 November 2021)
High Court (Queen’s Bench Division)
Mann v Towarzystwo Ubezpieczen Inter Polska SA & Ors [2021] EWHC 2913 (QB) (01 November 2021)
Source: www.bailii.org
‘A police officer made degrading and sexist insults about two murdered women as he shared pictures from the scene where they were found with a colleague photographing their bodies and also sharing the images via WhatsApp.’
The Guardian, 2nd November 2021
Source: www.theguardian.com
‘A County Court decision on a landlord’s application which adds to the not uncomplicated history of decisions on when a tenancy deposit counts as returned to the tenant for the purposes of s.215(2A) Housing Act 2004. (Previous cases here, here, and here). As a County Court decision, this is not binding, of course.’
Nearly Legal, 2nd November 2021
Source: nearlylegal.co.uk
‘In England and Wales, there should only be one bankruptcy petition against a debtor at any one time. As stated in Re Maud [2020] EWHC 1469 (also known as Edgeworth Capital (Luxembourg) Sarl v Maud)(‘Re Maud’), by Snowden J, at paragraph 98:
“Consistent with the principle that a bankruptcy petition is a class remedy, the legislation, rules and court practice are generally based upon the notion that there should only be one petition against a debtor at any one time.”‘
33 Bedford Row, 14th October 2021
Source: www.33bedfordrow.co.uk
‘Demand for pro bono legal assistance has accelerated dramatically since the pandemic started and providers cannot keep up, leading lawyers said this week.’
Legal Futures, 3rd November 2021
Source: www.legalfutures.co.uk
‘A government contractor has paid out “substantial” compensation following the death of a young mother who took an overdose after her disability benefits were removed.’
The Guardian, 3rd November 2021
Source: www.theguardian.com
© Inner Temple Library 2024