Author: sally

Vicarious Liability – where are we now? – Gatehouse Chambers

Posted November 21st, 2023 in causation, chambers articles, news, sexual grooming, vicarious liability by sally

‘Vicarious liability has been a hot topic for more than five years. Every time you look away there seems to have been a new judgment. The Supreme Court has had three goes (WM Morrison Supermarkets PLC v Various Claimants[1], Barclays Bank PLC v Various Claimants and Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB) at installing some kind of flood defences to keep the tide of vicarious liability within boundaries and each time the tide retreats a little. MXX v A Secondary School is an example of the tide retreating a little since BXB. It is a reminder that the most difficult hurdle for claimants to overcome in the two stage test of vicarious liability for non-employees is the second part of the test – the close connection.’

Full Story

Gatehouse Chambers, 20th October 2023

Source: gatehouselaw.co.uk

Transforming Work-Life Balance: The U.K. Flexible Working Bill Achieves Royal Assent – Park Square Barristers

Posted November 21st, 2023 in bills, chambers articles, flexible working, news by sally

‘As of 1st October 2023, there is a seismic shift in the U.K.’s employment landscape. Thanks to the Employment Relations (Flexible Working) Bill receiving Royal Assent, British workers are set to gain even more control over their working conditions, thereby dramatically improving work-life balance.’

Full Story

Park Square Barrister, 3rd October 2023

Source: www.parksquarebarristers.co.uk

‘Abhorrent’ bogus taxi driver admits to raping vulnerable women – The Independent

Posted November 21st, 2023 in guilty pleas, news, rape, taxis by sally

‘An “abhorrent” man who posed as a taxi driver to trick vulnerable women into his car has pleaded guilty to four counts of rape over three years.’

Full Story

The Independent, 12th November 2023

Source: www.independent.co.uk

Watchdog head ‘does not know’ if UK parliament is safe workspace for women – The Guardian

Posted November 21st, 2023 in bullying, complaints, harassment, news, parliament, standards by sally

‘The head of parliament’s complaints watchdog has said she “does not know” if the Palace of Westminster is a safe workplace for women.’

Full Story

The Guardian, 20th November 2023

Source: www.theguardian.com

Youth prisons more violent than adult male jails as assaults soar, inspections chief warns – The Independent

Posted November 21st, 2023 in news, prisons, violence, young offenders by sally

‘Young offenders’ institutions are more violent than adult male prisons and conditions are getting worse, HM Inspector of Prisons has warned, as the number of assaults soars.’

Full Story

The Independent, 21st November 2023

Source: www.independent.co.uk

Online Procedure Rule Committee set up as Lord Chancellor and senior judiciary set out vision for future of civil and family courts and tribunals system – Local Government Lawyer

Posted November 21st, 2023 in civil procedure rules, electronic filing, family courts, news by sally

‘The Lord Chancellor and senior judiciary have set out a “shared vision” for the future of the civil and family courts and tribunals system, including the establishment of an Online Procedure Rule Committee (OPRC).’

Full Story

Local Government Lawyer, 20th November 2023

Source: www.localgovernmentlawyer.co.uk

Nicola Bulley: Review of police handling of case to be published – BBC News

Posted November 21st, 2023 in conspiracy, firearms, murder, news by sally

‘A review of the police handling of Nicola Bulley’s disappearance is to be published later this morning.’

Full Story

BBC News, 21st November 2023

Source: www.bbc.co.uk

Home Office publishes new policy instruction on lifting NRPF conditions for those on student leave following concession in test case – Garden Court Chambers

Posted November 21st, 2023 in chambers articles, children, education, immigration, judicial review, news, social security, visas by sally

‘Following judicial review proceedings brought by a destitute woman and her one-year-old daughter who were denied access to public funds, the Home Office has published a new policy instruction setting out the circumstances in which no recourse to public funds (‘NRPF’) conditions will be lifted for those on student leave.’

Full Story

Garden Court Chambers, 10th October 2023

Source: www.gardencourtchambers.co.uk

Sentencing non-fatal strangulation and suffocation – R v Cook and recent updates from the Court of Appeal – Park Square Barristers

Posted November 21st, 2023 in chambers articles, coercive & controlling behaviour, domestic violence, news, sentencing, sexual offences by sally

‘Introduced as part of the Government’s Violence Against Women and Girls Strategy 2021 and enshrined in law by s75A of the Serious Crime Act 2015, the offences of non-fatal suffocation and strangulation are increasingly being charged alongside other more common offences against the person as well as offences such as controlling and coercive behaviour.’

Full Story

Park Square Barristers, 10th October 2023

Source: www.parksquarebarristers.co.uk

Defra’s failure to protect and restore water bodies ‘unlawful’, high court rules – The Guardian

Posted November 21st, 2023 in environmental protection, fisheries, government departments, judicial review, news, water companies by sally

‘The government and environment agency failed in their duty to restore and protect waterways from pollution, the high court has ruled in a significant case that could force an overhaul of the government’s plans.’

Full Story

The Guardian, 20th November 2023

Source: www.theguardian.com

Doctor’s suspension after questioning the severity of Covid 19 did not breach his Article 10 rights – UK Human Rights Blog

Posted November 21st, 2023 in appeals, coronavirus, disciplinary procedures, doctors, human rights, news, tribunals by sally

‘This was an appeal by a doctor against a decision of the medical practitioners’ tribunal that he was guilty of misconduct. He also appealed against the tribunal’s decision to suspend his registration for six months.’

Full Story

UK Human Rights Blog, 20th November 2023

Source: ukhumanrightsblog.com

‘Employers should recognise the issues’: menstrual conditions in the workplace – The Guardian

Posted November 21st, 2023 in employment, flexible working, health, news, women by sally

‘Workplaces are failing women. Considering endometriosis affects one in 10 women and that is just one menstrual condition – there are many – where is the support, training and acknowledgment in the workplace?’

Full Story

The Guardian, 20th November 2023

Source: www.theguardian.com

Couple jailed for life for ‘wicked’ missing body murder – The Independent

Posted November 21st, 2023 in murder, news, preventing lawful & decent burial, sentencing by sally

‘A couple have been jailed for life for murdering a widower whose body was hidden and never to be found in a “wicked” act of deceit.’

Full Story

The Independent, 20th November 2023

Source: www.independent.co.uk

Just Stop Oil protesters’ jail terms potentially breach international law, UN expert says – The Guardian

Posted November 21st, 2023 in demonstrations, environmental protection, freedom of expression, human rights, international law, news, public order, roads, sentencing, treaties, United Nations by sally

‘Long sentences handed to two Just Stop Oil protesters for scaling the M25 bridge over the Thames are a potential breach of international law and risk silencing public concerns about the environment, a UN expert has said.’

Full Story

The Guardian, 20th November 2023

Source: www.theguardian.com

Matthew Smith on Service Charges: Section 27A LTA 1985 & Estoppel by Convention – Park Square Barristers

Posted November 16th, 2023 in chambers articles, estoppel, housing, landlord & tenant, leases, news by sally

‘The recent case of Lacy v Homeselect Finance [2023] UKUT 231 (LC) considered a number of historic service charge issues between a long-leaseholder and a freeholder of a flat in Torquay. A particular point of note is the decision regarding admissions and estoppel.’

Full Story

Park Square Barristers, 11th October 2023

Source: www.parksquarebarristers.co.uk

Immigration Blog: Age Assessments – More Than Just a Number – Garden Court Chambers

Posted November 16th, 2023 in asylum, chambers articles, children, deportation, detention, immigration, news by sally

‘In the immigration rules (352ZD) the definition of an Unaccompanied Asylum-Seeking Child (“UASC”) is broad and aimed at child protection. It expressly includes children who lodged their claim whilst they were under 18 (even if they have since turned 18); their age is set in time at point of entry. This is no longer the case under section 4 IMA. On 5 July 2023, the government published a children’s rights impact assessment of the IMA, finding that it would “protect children from the risk of death, trafficking.” The Children’s Commissioner responded: “I am far from convinced that is the case. Indeed, I am concerned that the threat to a child of deportation at 18 will be a gift to traffickers, as children will feel less able to seek help from professionals and instead go missing into the hands of exploiters.”’

Full Story

Garden Court Chambers, 2nd October 2023

Source: www.gardencourtchambers.co.uk

Delay for children as result of longer case durations is “single most pressing issue” for family justice system, warns Cafcass in new strategic plan – Local Government Lawyer

Posted November 16th, 2023 in children, delay, families, family courts, news by sally

‘The Children and Family Court Advisory and Support Service (Cafcass) has published its strategic plan for 2023-26, in which it warns that delay for children as a result of longer case durations is now the “single most pressing issue” for the family justice system.’

Full Story

Local Government Lawyer, 14th November 2023

Source: www.localgovernmentlawyer.co.uk

Rishi Sunak to bring in emergency law after supreme court’s Rwanda ruling – The Guardian

Posted November 16th, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Rwanda, Supreme Court by sally

‘Rishi Sunak has staked his political credibility on pushing through emergency legislation to resurrect his high-profile plan to deport asylum seekers to Rwanda, after the supreme court ruled it was unlawful.’

Full Story

The Guardian, 15th November 2023

Source: www.theguardian.com

Insolvency Newsletter: October 2023 – Gatehouse Chambers

Posted November 16th, 2023 in chambers articles, insolvency, news by sally

‘This month Alaric Watson considers the significance of the Patley Wood v Kicks and Brake v Chedington for the world of personal insolvency, Ryan Hocking gives a run down of the recent and anticipated statutory and regulatory changes, we have a two minute interview with the newest member of the team, Victoria Dacie-Lombardo and we have summaries of some of the significant cases from the last quarter.’

Full Story

Gatehouse Chambers, October 2023

Source: gatehouselaw.co.uk

UK medicines regulator approves gene therapy for two blood disorders – The Guardian

Posted November 16th, 2023 in blood products, health, medicines, news by sally

‘The UK’s medicines regulator has authorised the use of a world-first gene therapy as a potential cure for two inherited blood disorders.’

Full Story

The Guardian, 16th November 2023

Source: www.theguardian.com