‘Females with fair skin’: Mayfair casino guilty of race discrimination, tribunal finds – The Guardian

Posted November 3rd, 2021 in employment, employment tribunals, equality, gambling, news, race discrimination by sally

‘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.’

Full Story

The Guardian, 2nd November 2021

Source: www.theguardian.com

Privacy & transparency in the family courts – Sir Andrew MacFarlane reports – Panopticon

‘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).’

Full Story

Panopticon, 2nd November 2021

Source: panopticonblog.com

The killing of Sophie Moss: why did a vulnerable mother’s attacker get such a short sentence? – The Guardian

‘The man who killed Moss was given less than five years in prison, after claiming she consented to being choked. His mitigation? The “rough sex” defence that is no longer supposed to be allowed.’

Full Story

The Guardian, 2nd November 2021

Source: www.theguardian.com

Why the Everard Inquiry must look far beyond Wayne Couzens – Doughty Street Chambers

‘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”.’

Full Story

Doughty Street Chambers, 5th October 2021

Source: insights.doughtystreet.co.uk

Litigating with Litigants in Person: Useful Pointers on Balancing Duties – Parklane Plowden Chambers

Posted November 3rd, 2021 in barristers, chambers articles, codes of practice, litigants in person, news by sally

‘The growth in the number of litigants in person (LiPs) in the Employment Tribunal has been keenly apparent over the last 18 months, when dealing with cases remotely as a consequence of Covid19. Whilst as lawyers we have had to familiarise ourselves with navigating electronic bundles and technology for remote hearings we have navigated through otherwise familiar territory.’

Full Story

Parklane Plowden Chambers, 28th October 2021

Source: www.parklaneplowden.co.uk

Bad Character: an essential guide to propensity evidence in health and safety prosecutions – Henderson Chambers

Posted November 3rd, 2021 in bad character, chambers articles, enforcement notices, health & safety, news by sally

‘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.’

Full Story

Henderson Chambers, 1st November 2021

Source: www.hendersonchambers.co.uk

Supreme Court reaffirms, in the bail context, the constitutional principle that judicial orders must be obeyed unless and until set aside – Garden Court Chambers

‘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.’

Full Story

Garden Court Chambers, 20th October 2021

Source: www.gardencourtchambers.co.uk

UK Supreme Court gives guidance on arbitration agreement applicable law – OUT-LAW.com

‘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.’

Full Story

OUT-LAW.com, 2nd November 2021

Source: www.pinsentmasons.com

Firearms Licensing Statutory Guidance 2021: the likely impact on firearms appeals – 5SAH

‘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.’

Full Story

5SAH, 25th October 2021

Source: www.5sah.co.uk

Statutory Instruments – legislation.gov.uk

Posted November 3rd, 2021 in legislation by tracey

SI 2021/1221 – The Public Procurement (Agreement on Government Procurement) (Thresholds) (Amendment) Regulations 2021

SI 2021/1218 – The Money Laundering and Terrorist Financing (Amendment) (No. 3) (High-Risk Countries) Regulations 2021

SI 2021/1226 – The Land Registration Fee Order 2021

SI 2021/1222 – The Housing (Right to Buy) (Designated Rural Areas and Designated Regions) (England) Order 2021

SI 2021/1208 – The Water and Sewerage Undertakers (Exit from Non-household Retail Market) (Consequential Provision) Regulations 2021

Source: www.legislation.gov.uk

Are we exclusive? High Court reviews key contractual principles in the context of ‘casual’ commercial relationships (Zymurgorium Ltd v Hammonds of Knutsford plc) – 3PB

Posted November 3rd, 2021 in chambers articles, company law, contracts, news by sally

‘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.’

Full Story

3PB, 15th October 2021

Source: www.3pb.co.uk

BAILII: Recent decisions

Posted November 3rd, 2021 in law reports by tracey

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)

Open Rights Group & Anor, R (On the Application Of) v Secretary of State for the Home Department & Anor [2021] EWCA Civ 1573 (29 October 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)

Professional Standards Authority for Health And Social Care v General Optical Council & Anor [2021] EWHC 2888 (Admin) (01 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)

Various Airfinance Leasing Companies & Anor v Saudi Arabian Airlines Corporation [2021] EWHC 2904 (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

Met police officers plead guilty over photos taken at scene of sisters’ deaths – The Guardian

‘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.’

Full Story

The Guardian, 2nd November 2021

Source: www.theguardian.com

There’s a cheque on the table – s.21 and return of deposit – Nearly Legal

Posted November 3rd, 2021 in deposits, housing, landlord & tenant, news, notification by sally

‘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.’

Full Story

Nearly Legal, 2nd November 2021

Source: nearlylegal.co.uk

Bankruptcy Petitions – Petitioner Substitution r.10.27 and Change of Carriage r.10.29 – 33 Bedford Row

Posted November 3rd, 2021 in bankruptcy, chambers articles, debts, insolvency, news by sally

‘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.”‘

Full Story

33 Bedford Row, 14th October 2021

Source: www.33bedfordrow.co.uk

Pro bono services “cannot keep up” with post-Covid demand – Legal Futures

Posted November 3rd, 2021 in coronavirus, law firms, legal services, news, pro bono work by sally

‘Demand for pro bono legal assistance has accelerated dramatically since the pandemic started and providers cannot keep up, leading lawyers said this week.’

Full Story

Legal Futures, 3rd November 2021

Source: www.legalfutures.co.uk

Capita pays compensation to family of woman who died after benefits cut – The Guardian

‘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.’

Full Story

The Guardian, 3rd November 2021

Source: www.theguardian.com