Day: 8 May 2025

‘The EAT has dismissed CNN’s appeal against a decision of the Employment Tribunal which held that it had both territorial and international jurisdiction to hear the claims of British presenter and international correspondent, Saima Mohsin, injured on assignment and later fired.’

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Old Square Chambers, 7th May 2025

Source: oldsquare.co.uk

‘There is little understanding of how documented ethnic disparities in sentencing outcomes in England and Wales come to be and, consequently, how to address them. We argue that disparities in sentence outcomes could stem from how cases are constructed. We hypothesize that case characteristics determined through a high degree of judicial discretion and an assessment of the offender have a high risk of being racially determined, and therefore, operate as precursors of ethnic disparities in sentencing. We test this using Crown Court Sentencing Survey and Court Proceedings data. We identify three sentencing factors (remorse, good character and ability to rehabilitate) clearly favouring White offenders. We contextualize their operation and argue that all three should be classified as racially determined and sources of ethnic disparity. We conclude by setting out targeted policy solutions.’

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British Journal of Criminology, March 2025

Source: academic.oup.com

‘The matter concerned F, a six-year-old girl, (referred to in the first instance decision as ‘C’ and in the appeal as ‘F’) who presented at A&E in mid-2023 and was tested positive for gonorrhoea. At this time, F lives with her maternal grandmother and maternal uncle, X (referred to in the first instance decision as ‘P’ and in the appeal as ‘X’). X had also tested positive for gonorrhoea prior to F’s diagnosis, F’s mother, M, also tested positive.’

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Parklane Plowden, 7th May 2025

Source: www.parklaneplowden.co.uk

‘Some British media outlets ran stories in April 2025 on how a regional Police Force (West Yorkshire) has put ‘applications from white Brits on hold’ and how the Chief Constable wants to discriminate against white candidates (Foreman, 2025; Bolton & Martin, 2025; Siddell, 2025). However, as may be inferred from the inconsistent tense, only a very limited version of positive discrimination is permitted under British law – and the facts of the story are not what may be, perhaps intentionally, implied from the phrasing used.’

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UK Labour Law, 8th May 2025

Source: uklabourlawblog.com

‘A hotel manager who was fired for playing loud music and allegedly having sex with a colleague in one of the rooms has won an unfair dismissal claim.’

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The Independent, 7th May 2025

Source: www.independent.co.uk

‘It is a rare event where, in an appeal against a first instance judgment, all parties unequivocally say that the judgment was wrong. So it was in J v Bath and North East Somerset Council [2025] EWCA Civ 478, which concerned a profoundly disabled 14 year-old (‘J’) in respect of whom the respondent local authority had been granted a full care order under section 31 of the Children Act 1989. Everyone agreed that J’s liberty needed to be restricted to a certain extent to properly look after him. The question was whether this meant that the elements of a ‘deprivation of liberty’ under Article 5 ECHR (the right to liberty) were satisfied as respects J’s care arrangements, so that a court had to make a deprivation of liberty (‘DoL’) order to render those care arrangements a lawful deprivation of liberty. In the High Court, Lieven J had held that the elements were not satisfied, and so no DoL order was necessary because there was no deprivation of liberty under Article 5 ([2024] EWHC 1690 (Fam)). The Court of Appeal (Sir Andrew McFarlane PFD, King and Singh LJJ) came to the opposite conclusion: J’s care arrangements amounted to a deprivation of liberty, and so a DoL Order was necessary to render those arrangements lawful under Article 5 and section 6 HRA 1998. The Court drew particular assistance from the submissions of the Secretary of State for Education, who intervened in the appeal. The Education Secretary was represented by Joanne Clement KC, who led this Blog’s very own Samuel Willis.’

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Administrative Court Blog, 7th May 2025

Source: administrativecourtblog.wordpress.com

‘The inconsistent use of technology at the Bar is driven by structural factors such as limited funding, time constraints, and the self-employed nature of the profession, a report for the Bar Standards Board has found.’

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Local Government Lawyer, 7th May 2025

Source: www.localgovernmentlawyer.co.uk

‘A woman has won almost £30,000 in an employment tribunal after she was compared to Darth Vader by her co-worker.’

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The Independent, 7th May 2025

Source: www.independent.co.uk

‘James McCreath looks at the different approaches adopted by the Court of Appeal to the construction of pension scheme documents and pensions legislation, and considers whether those differences are justified.’

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Pensions Barrister, 8th May 2025

Source: www.pensionsbarrister.com

‘What did the Supreme Court decide in For Women Scotland? The case concerned quotas in the representation of women in public boards in Scotland, under the Gender Representation on Public Boards (Scotland) Act 2018. It was brought on appeal by For Women Scotland Ltd, a feminist organisation campaigning for women’s and children’s rights. The question, for the Court, was whether the Scottish quotas should include trans women with a Gender Recognition Certificate (GRC), as provided for by the Gender Recognition Act 2004. To answer this question the Court turned to the interpretation of the Equality Act 2010, which is a consolidating act on matters of equality and non-discrimination. The Court found for the appellants, ruling that the quotas in the Scottish Act do not include trans women with a GRC.’

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UK Labour Law Blog, 7th May 2025

Source: uklabourlawblog.com

‘Top technology firms are set to meet with the Justice Secretary for the first time to look at how artificial intelligence and technology could be used to tackle violence in prisons and cut re-offending.’

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The Independent, 7th May 2025

Source: www.independent.co.uk

‘A deputy district judge and leading family law solicitor has condemned what he called the “continued saga” of “excessive costs” charged by family lawyers.’

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Legal Futures, 8th May 2025

Source: www.legalfutures.co.uk