After Rwanda: Statement from church leaders – Law & Religion UK

‘The Archbishops of Canterbury and York and Bishop of Southwark have joined with leaders of the Roman Catholic, Methodist, Baptist and United Reformed Churches in England and issued a joint statement; the Church’s Press Release is reproduced below.’

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Law & Religion UK, 23rd April 2024

Source: lawandreligionuk.com

Alerter by Jack Castle – Formal notice not required to have “sought to take” parental leave – Henderson Chambers

‘In Hilton Foods Solutions v Wright [2024] EAT 28 the Employment Appeal Tribunal considered the meaning of “sought to take” parental leave in the Maternity and Parental Leave etc. Regulations 1999. Whether an employee “sought to take” parental leave is a factual matter for the Employment Tribunal taking into account all relevant evidence. Importantly, it is not necessary for an employee to give formal notice under Schedule 2 of those Regulations. This may also apply to other forms of leave with protection for those who “sought to take” it, including the new entitlement to carer’s leave.’

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Henderson Chambers, 25th March 2024

Source: www.hendersonchambers.co.uk

Substantial injustice – where are we now? – 39 Essex Chambers

‘In Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB), Ritchie J found that, despite the Claimant having sustained serious injuries, which would have warranted damages of almost £600,000, that she had been fundamentally dishonest. This resulted in the entirety of her claim being dismissed under s57 of the Criminal Justice & Courts Act 2015 (‘CJCA 2015’).’

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39 Essex Chambers, 16th April 2024

Source: www.39essex.com

Two for one: one case but two decisions on occupation under the Landlord and Tenant Act 1954 (Royal Borough of Kensington & Chelsea v Mellcraft Ltd [2024] EWHC 539 (Ch); [2024] PLSCS 49) – Gatehouse Chambers

Posted April 26th, 2024 in appeals, chambers articles, landlord & tenant, leases, local government, news by sally

‘Royal Borough of Kensington & Chelsea (“the Council”) is the freeholder of a building on the Portobello Road, London W11. In 2012, Mellcraft Ltd (“Mellcraft”) took a five year lease of the first and second floors of the property (“the flat”). Shortly afterwards, a lease of the ground floor shop was granted to another company controlled by the same director. The director (“M”) lived in the flat and conducted Mellcraft’s business from it. Mellcraft had no other business premises.’

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Gatehouse Chambers, 16th April 2024

Source: gatehouselaw.co.uk

Costs, Actually: A Recap on Offers to Settle – Gatehouse Chambers

‘Hugh Grant has put civil costs on the public radar, in his latest thread on X (formerly Twitter) (via: @HackedOffHugh), concerning the settlement of his privacy claim against The Sun. In one out of a series of posts from the thread on April 17th 2024, Grant wrote, “I don’t want to accept this money or settle. I would love to see all the allegations that they deny tested in court,” and he goes on to write in a subsequent post in the thread: “But the rules around civil litigation mean that if I proceed to trial and the court awards me damages that are even a penny less than the settlement offer, I would have to pay the legal costs of both sides.”’

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Gatehouse Chambers, 23rd April 2024

Source: gatehouselaw.co.uk

City college loses JR over Ofsted ‘good’ rather than ‘outstanding’ rating – Local Government Lawyer

‘The High Court has rejected a judicial review claim brought by a City Technology College, which challenged a decision by Ofsted to rate the leadership and management at the school as ‘good’, rather than ‘outstanding’.’

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Local Government Lawyer, 25th April 2024

Source: www.localgovernmentlawyer.co.uk

Man convicted of murdering stranger in Hartlepool and trying to kill housemate – The Guardian

Posted April 26th, 2024 in asylum, attempted murder, immigration, Islam, Israel, news, war by sally

‘A 45-year-old man has been found guilty of murdering a complete stranger, telling police he wanted to kill people because of the conflict in Gaza.’

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The Guardian, 25th April 2024

Source: www.theguardian.com

Law Society calls for civil legal aid increase over unrepresented parties in family court – Law Society’s Gazette

Posted April 26th, 2024 in families, family courts, fees, Law Society, legal aid, legal representation, news by sally

‘The Law Society today expressed its ‘extreme concern’ over the increased number of litigants in person in private family law cases in the decade since the Legal Aid, Sentencing and Punishment of Offenders Act came in to force.’

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Law Society's Gazette, 26th April 2024

Source: www.lawgazette.co.uk

Laurence Fox ordered to pay £180,000 to two people he called ‘paedophiles’ – The Guardian

Posted April 26th, 2024 in damages, defamation, internet, news, racism by sally

‘The actor and rightwing activist Laurence Fox has been ordered to pay £90,000 each in damages to two people he libelled by referring to them as “paedophiles” on social media.’

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The Guardian, 25th April 2024

Source: www.theguardian.com

Bar earnings gap a “serious cultural and structural problem” – Legal Futures

‘The earnings gap between male and female barristers is not explained by caring responsibilities, choice of practice area, or amount of legally aided work”, new research by the Bar Council has found.’

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Legal Futures, 24th April 2024

Source: www.legalfutures.co.uk

Reforms in UK Data Protection Law: Potential Impacts on Individuals’ Rights Protection and AI Transparency – Oxford Human Rights Hub

Posted April 26th, 2024 in artificial intelligence, bills, brexit, data protection, news by sally

‘The Data Protection and Digital Information Bill (DPDI Bill) was re-introduced into the UK Parliament in March 2023 and is currently being debated at the Committee stage in the House of Lords. Since Brexit, the UK can unilaterally decide to reform its legal framework on personal data regulation so that data power can be further unlocked. This objective is also tightly related to the pro-innovation approach aimed at spurring AI development in the UK. The DPDI Bill seeks to provide organisations with greater flexibility and stability in data processing while maintaining high standards of data protection. Nevertheless, there is considerable debate whether proposed changes in the DPDI Bill may dilute essential rights to data protection for individuals and undermine transparency in data processing related to AI.’

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Oxford Human Rights Hub, 23rd April 2024

Source: ohrh.law.ox.ac.uk

‘’O, reason not the need!” – Why King Lear was wrong or: The Importance of Reasons in Disciplinary Proceedings – Francis Taylor Building

‘The general importance of the duty to give reasons at common law is well known to disciplinary practitioners. The recent debate generated by the comments made by the Commissioner of the Metropolitan Police, Sir Mark Rowley, in the context of police misconduct further highlights the importance of all disciplinary panels arriving at decisions which are robust and sustainable against legal challenge.’

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Francis Taylor Building, 12th March 2024

Source: www.ftbchambers.co.uk

Termination of pregnancy and wishes and feelings in the Court of Protection – UK Human Rights Blog

Posted April 26th, 2024 in abortion, Court of Protection, families, hospitals, mental health, news, pregnancy by sally

‘The decision of the Court of Protection in Rotherham and Doncaster and South Humber NHS Foundation Trust and NR [2024] EWCOP 17 is the latest in a line of cases where the Court has been asked to determine whether a termination of pregnancy is in a woman’s best interests. Any case about a termination engages the pregnant woman’s Article 8 rights. But where the woman also lacks capacity to decide for herself whether to have a termination, there must be a particularly careful analysis to ensure that her rights are respected. While previous decisions have frequently accorded weight to the wishes and feelings of the pregnant woman at the heart of the case, Mr Justice Hayden’s decision goes further in handing the decision over to the pregnant woman herself.’

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UK Human Rights Blog, 25th April 2024

Source: ukhumanrightsblog.com

James Robottom: The Safety of Rwanda Act, Slavery and the Common Law – UK Constitutional Law Association

‘Commentary on the Safety of Rwanda (Asylum and Immigration) Act (“RA”), which is shortly to receive Royal Assent, has concentrated principally on its deeming of Rwanda as a safe country whilst ousting the supervision of courts. This post considers a separate issue – section 4 of the Act as it applies to victims of slavery (“VOS”). Section 4 provides a carve out from the Act’s deeming provisions where the Home Secretary considers Rwanda is unsafe for an individual “based on compelling evidence relating specifically to their particular individual circumstances”. It also provides courts with a power of review of that question.’

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UK Constitutional Law Association, 25th April 2024

Source: ukconstitutionallaw.org

Environmental Corporate Social Responsibility in Action: The Advertising Standards Authority bans a Toyota SUV advert for not being prepared with a sense of social responsibility – Francis Taylor Building

‘In November 2023, the Advertising Standards Authority (“the ASA”) made the unprecedented decision to ban two Toyota SUV advertisements on the basis that they had “not been prepared with a sense of responsibility to society.”’

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Francis Taylor Building, 21st March 2024

Source: www.ftbchambers.co.uk

The pro-rating of pensions increases – Pensions Barrister

Posted April 26th, 2024 in chambers articles, news, pensions by sally

‘Paul Newman KC considers whether the pro-rating of annual non-statutory increases to pensions in payment for only part of a year can be read into a scheme that makes no express provision for it.’

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Pensions Barrister, 23rd April 2024

Source: www.pensionsbarrister.com

UK policy denying visas to children of care workers faces legal challenge – The Guardian

‘An organisation that supports migrant workers has launched a legal challenge against the government’s new policy to bar care workers from bringing children and partners to the UK, warning that it is “tearing families apart”.’

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The Guardian, 26th April 2024

Source: www.theguardian.com

Non-English speaking witnesses and wasted costs – 12 King’s Bench Walk Costs Litigation Blog

‘In this article Rebecca Henshaw-Keene looks at wasted costs orders following the judgment in Rainer Hughes Solicitors v Liverpool Victoria Insurance Company Ltd & Ors (Rev1) [2024] EWHC 585 (KB).The judgment contains significant guidance on preparing for wasted costs hearings and is an important addition to the line of cases on the requirements in respect of witness statements for non-English speakers. With thanks to Andrew Roy KC for his comments on the article.’

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12 King's Bench Walk Costs Litigation Blog, 19th April 2024

Source: costsandlitigationfunding.com