Employer’s Liability after the Enterprise and Regulatory Reform Act 2013: The Latest – Ropewalk Chambers

Posted August 16th, 2022 in news by sally

‘The passing of the Enterprise and Regulatory Reform Act 2013 (‘ERRA’) was anticipated to have a profound impact on the way in which employer’s liability claims were litigated. The effect of section 69 was to remove civil liability for breaches of the variety of health and safety regulations which imposed strict liability on employers to employees injured in accidents at work.’

Full Story

Ropewalk Chambers, 28th July 2022

Source: www.ropewalk.co.uk

Court of Appeal to consider crypto ‘duty of care’ – Law Society’s Gazette

Posted August 16th, 2022 in news by sally

‘The question of whether developers of cryptocurrencies and other blockchain-based assets owe a duty of care to investors in their products is to be examined in the Court of Appeal. Ruling last week in Tulip Trading v Van der Laan and Ors, Lady Justice Andrews granted permission for a Seychelles company owned by Dr Craig Wright, who claims to have invented the bitcoin digital currency to appeal a judgment by Mrs Justice Falk of 25 March denying jurisdiction over a claim for breach of fiduciary and tortious duties.’

Full Story

Law Society's Gazette, 15th August 2022

Source: www.lawgazette.co.uk

Supreme Court refuses City of London permission to appeal in dispute with leaseholders over service charges – Local Government Lawyer

Posted August 16th, 2022 in news by sally

‘The Supreme Court has refused the City of London Corporation permission to appeal in a dispute with leaseholders of a tower block over whether certain repairs to their homes were chargeable to them, it has emerged.’

Full Story

Local Government Lawyer, 15th August 2022

Source: www.localgovernmentlawyer.co.uk

Inflation and the Gender Pension Gap – Pump Court Chambers

Posted August 16th, 2022 in news by sally

‘The June 2022 Office of National Statistics, Consumer Prices Index (CPI) figures show that inflation hit a new 40-year high of by 9.4% in the 12 months to June 2022. Indications suggest it could reach 12% in October 2022. If we could predict the future, we would all be billionaires. That said, inflation is here to stay for the short term at least.’

Full Story

Pump Court Chambers, 25th July 2022

Source: www.pumpcourtchambers.com

Full leave And Full Pay for Every Worker: Harpur Trust v Brazel – Old Square Chambers

Posted August 16th, 2022 in news by sally

‘The entitlement to 5.6 weeks’ paid annual leave in the Working Time Regulations (WTR) is fairly straightforward to operate for full-time employees, working five days a week and paid a fixed salary. The employer just needs to let them take five weeks and three days off work, and carry on paying them their salary. Ever since the seminal judgment of the CJEU in BECTU we have known that the right in the parent Directive applies to all workers, without exception, from day one. But what does a right, expressed in weeks, mean for those, often misleadingly referred to as ‘atypical’ workers, who work only some days a week, only some weeks of the year or under a zero hours contract? What is the link, if any, between the time or hours worked and the period of annual rest?’

Full Story

Old Square Chambers, 20th July 2022

Source: oldsquare.co.uk

Fresh warning over barristers making “supportive” comments about cases – Legal Futures

Posted August 16th, 2022 in news by sally

‘A senior QC has called for the “fundamentally contradictory” rules on what barristers can say in public about their cases to be re-examined.’

Full Story

Legal Futures, 16th August 2022

Source: www.legalfutures.co.uk

Will Trial Rape Courts Address Low Conviction Rates? – Each Other

Posted August 16th, 2022 in news by sally

‘A year after the Government’s Rape Review, a pilot scheme was announced that would establish three specialist rape courts in England. But with concerns from the sector about access to justice, survivors’ welfare and funding: Will specialist rape courts address low conviction rates and support survivors of domestic abuse and sexual violence?’

Full Story

Each Other, 12th August 2022

Source: eachother.org.uk

Clarity for Irregular Workers: Paid Annual Leave Accrual in the Supreme Court – Littleton Chambers

Posted August 16th, 2022 in news by sally

‘Joel Wallace provides a review of the recent Supreme Court decision in Harpur Trust v Brazel [2022] UKSC 21. A copy of the judgment can be found here. Topics include: annual leave entitlement, annual leave pay, zero-hour contracts, gig workers and irregular workers.’

Full Story

Littleton Chambers, 28th July 2022

Source: littletonchambers.com

Right to free period products becomes law in Scotland – BBC News

Posted August 16th, 2022 in news by sally

‘Scotland has made public health history by making it the law for public settings to provide period products.’

Full Story

BBC News, 15th August 2022

Source: www.bbc.co.uk

Woman told not to let ‘hormones get out of control’ wins age discrimination case – Daily Telegraph

Posted August 16th, 2022 in news by sally

‘A middle-aged woman regarded as “menopausal” by her younger male boss has won an age discrimination case after being told not to let her hormones get “out of control”, an employment tribunal has heard.’

Full Story

Daily Telegraph, 15th August 2022

Source: www.telegraph.co.uk

Reading man fined over racist Euro 2020 Facebook post – BBC News

Posted August 16th, 2022 in news by sally

‘A man who created a racist Facebook post about the England footballers who missed penalties at Euro 2020 has been given a suspended prison sentence.’

Full Story

BBC News, 15th August 2022

Source: www.bbc.co.uk

Esso secures interim injunction against disruptors of aviation fuel pipeline – The Guardian

Posted August 16th, 2022 in news by sally

‘The oil company Esso has secured an interim high court injunction to prevent environmental protesters disrupting construction work on a 105km-long aviation fuel pipeline.’

Full Story

The Guardian, 15th August 2022

Source: www.theguardian.com

Quantifying Damages for Psychiatric Injury and Distress Caused by Data Breaches – Ropewalk Chambers

Posted August 16th, 2022 in news by sally

‘Both s. 13 of the Data Protection Act 1998 (“DPA 98”) and Art. 82 of the General Data Protection Regulation (“GDPR”) provide an individual with a right to compensation where she suffers material or non-material damage (including distress) – see Google Inc v Vidal-Hall [2015] EWCA Civ 311 and s. 168 of the Data Protection Act 2018 (“DPA 18”) as a result of infringements of the data protection principles contained in the respective legislative schemes. The DPA 98 applies to data breaches occurring before 23 May 2018 whilst the GDPR, as supplemented by DPA 18, applies to breaches occurring on or after that date. After the end of the post-Brexit implementation period on 31 January 2020 the UK GDPR applies.’

Full Story

Ropewalk Chambers, 26th July 2022

Source: www.ropewalk.co.uk

What does UK law say about strikes? – OUP Blog

Posted August 16th, 2022 in news by sally

‘Every day there are reports of further strikes. Chaos on the railways, the London Underground brought to a standstill, airlines, teachers, the NHS: the list goes on. On one hand, people are fighting for their rights, some would say justifiably. On the other, employers are trying to keep things running. While strikes cause huge disruption for the public, they are also one of the few levers available to employees to bargain for their position.’

Full Story

OUP Blog, 11th August 2022

Source: blog.oup.com

F And G (Children : Sexual Abuse Allegations) [2022] EWCA Civ 1002 – Family Law Week

Posted August 16th, 2022 in news by sally

‘The child had been the subject of an ‘ABE’ interview that was non-compliant with best practice guidance in various ways. She had undergone a medical examination, and the examining doctor concluded that against a backdrop of a clear allegation from the child, the clinical findings supported the allegation of penetrative abuse. Written evidence from a paediatrician concluded that hymenal notches were ‘suggestive’ of penetration.’

Full Story

Family Law Week, 1st August 2022

Source: www.familylawweek.co.uk

High Court gives green light for fourth judicial review challenge regarding future of London housing estate – Local Government Lawyer

Posted August 15th, 2022 in consultations, housing, judicial review, local government, London, news, planning by tracey

‘A judicial review challenge of Lambeth Council’s planning approval of a plan that would demolish part of a 1970s estate will be heard in November, making it the fourth judicial review application concerning the estate in seven years.’

Full Story

Local Government Lawyer, 12th August 2022

Source: www.localgovernmentlawyer.co.uk

NEC and notices of dissatisfaction – Practical Law: Construction Blog

Posted August 15th, 2022 in construction industry, contracts, dispute resolution, news, notification by tracey

‘Getting the notice right is important for all construction contracts and NEC is no exception. Failing to issue a notice as required under the contract can have serious consequences and in NEC this is often an issue that arises in relation to the obligation to notify compensation events within an eight week period (clause 61.3 of NEC4 ECC). Another key issue arises in respect of the obligation to issue a notice of dissatisfaction within 28 days of an adjudicator’s decision, as a failure to do so will mean that such decision becomes final and binding, and cannot be challenged by referring it to the tribunal (clause W2.4(1) of NEC4 ECC). Three recent decisions have considered notices of dissatisfaction under NEC, highlighting the importance of getting it right.’

Full Story

Practical Law: Construction Blog, 10th August 2022

Source: constructionblog.practicallaw.com

BAILII: Recent Decisions

Posted August 15th, 2022 in law reports by tracey

High Court (Administrative Court)

JZ, R (On the Application Of) v The Secretary of State for the Home Department & Ors [2022] EWHC 2156 (Admin) (12 August 2022)

Cathie, R (On the Application Of) v Cheshire West and Chester Borough Council [2022] EWHC 2148 (Admin) (12 August 2022)

High Court (Chancery Division)

Sangha v Estate of Diljit Kaur Sangha & Ors [2022] EWHC 2157 (Ch) (12 August 2022)

Salter Property Investments Ltd v PCL Planning Ltd & Anor [2022] EWHC 2115 (Ch) (12 August 2022)

Lappet Manufacturing Company Ltd & Anor v Rassam & Ors [2022] EWHC 2158 (Ch) (12 August 2022)

Monster Energy Company v Red Bull GmbH [2022] EWHC 2155 (Ch) (12 August 2022)

High Court (Commercial Court)

CM P-Max III Ltd v Petroleos Del Norte SA (Re MT Stena Primorsk Voyage Charter) [2022] EWHC 2147 (Comm) (12 August 2022)

High Court (Family Division)

G, Re (Inherent Jurisdiction Return: Disclosure of Asylum Documents) [2022] EWHC 2134 (Fam) (11 August 2022)

Source: www.bailii.org

Breach of condition notices and the public sector equality duty – Local Government Lawyer

Posted August 15th, 2022 in enforcement notices, judicial review, local government, news, planning by tracey

‘A High Court judge recently dismissed a judicial review challenge over a council’s decision to issue a Breach of Condition Notice. Roderick Morton explains why.’

Full Story

Local Government Lawyer, 12th August 2022

Source: www.localgovernmentlawyer.co.uk

Appealing review decisions of the SEN Tribunal for Wales – Local Government Lawyer

‘The Upper Tribunal has confirmed appeals can be brought against review decisions of the SEN Tribunal for Wales. Matthew Wyard analyses the ruling.’

Full Story

Local Government Lawyer, 12th August 2022

Source: www.localgovernmentlawyer.co.uk