sally – Page 251 – Current Awareness

First EAT consideration of a Covid-19 related dismissal – St Philips Barristers

Posted May 23rd, 2022 in appeals, chambers articles, coronavirus, employment, employment tribunals, health & safety, news, unfair dismissal by sally

‘In what is believed to be the first Appellate consideration of a Coronavirus related dismissal the EAT (HHJ Tayler) upheld the judgment of the Leeds Employment Tribunal (EJ Anderson) that the Claimant’s Coronavirus related absence dismissal was not automatically unfair for a health and safety reason pursuant to s100(d)-(e) of the Employment Rights Act 1996.’

St Philips Barristers, 6th May 2022

Source: st-philips.com

‘Wagatha Christie’ puts England’s legal system on trial in the social media age – The Guardian

Posted May 23rd, 2022 in civil justice, defamation, internet, media, news by sally

‘People poke fun at the lawyers, but there are serious concerns about how the law deals with everyone being a publisher.’

The Guardian, 20th May 2022

Source: www.theguardian.com

Article by Tonicha Allen and Anna Chambers: No Fault Divorce, Help or Hindrance? – Park Square Barristers

Posted May 23rd, 2022 in chambers articles, divorce, families, marriage, married persons, news by sally

‘On the 6th of April 2022 to the delight of many family practitioners, the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) instigated a momentous change to divorce proceedings. No fault divorce is now a legitimate way to end a marriage.’

Park Square Barristers, 11th May 2022

Source: www.parksquarebarristers.co.uk

Does the ‘no substantial difference’ test have to be pleaded? – Monckton Chambers

Posted May 23rd, 2022 in chambers articles, judicial review, news by sally

‘The “no substantial difference” test (“NSD Test”) has been a friend to every defendant, and the thorn in the side of every claimant, for seven years now.’

Monckton Chambers, 9th May 2022

Source: www.monckton.com

Media reporters’ Charter – open justice, but only for some – Transparency Project

Posted May 23rd, 2022 in codes of practice, courts, HM Courts Service, media, news by sally

‘A new “Reporters’ Charter” outlining the rights and responsibilities of court reporters has been launched to boost transparency in the justice system, according an announcement by HM Courts and Tribunals Service. The charter, part of the General guidance to staff on supporting media access to courts and tribunals, was developed by the Media Lawyers Association and HM Courts and Tribunals Service and unveiled at the Society of Editors Annual Conference on 11 May 2022.’

Transparency Project, 22nd May 2022

Source: transparencyproject.org.uk

Legal remedies for victims of investment scams: the decision in Hamblin v World First – New Square Chambers

Posted May 23rd, 2022 in assets recovery, banking, chambers articles, Commercial Court, fraud, news by sally

‘The case of Hamblin v World First 2020 EWHC 2383 (Comm), decided by His Honour Judge Pelling QC, “the Judge”, in the London Circuit Commercial Court, is topical because it represents a claim made by the victim of a scam, Mr Hamblin, to recover his losses not directly from the fraudsters as the direct beneficiaries of the scam, but from the payment service provider, here World First, the company that received the monies from Mr Hamblin into an account set up by the fraudsters, and which, acting on instructions from those fraudsters, arranged for the onward payment of those monies. No allegation of dishonesty was made against the payment service provider nor was it suggested that the payment service provider had actual knowledge of the scam.’

New Square Chambers, 13th May 2022

Source: www.newsquarechambers.co.uk

Billy Henham: Brighton New Year’s Eve party murderers jailed – BBC News

Posted May 23rd, 2022 in bereavement, families, imprisonment, murder, news, sentencing, young persons by sally

‘Four men have been sentenced to a total of 86 years for murdering a “kind and peaceful” man at a New Year’s Eve party in Brighton.’

BBC News, 20th May 2022

Source: www.bbc.co.uk

Judge rejects legal challenge to grant of planning permission in dispute over whether committee could impose condition requiring 12 ecological corridor – Local Government Lawyer

Posted May 23rd, 2022 in environmental protection, judicial review, local government, news, planning by sally

‘A High Court judge has dismissed a judicial review challenge of BCP Council’s decision to grant full planning permission for a substantial mixed use development in Bournemouth.’

Local Government Lawyer, 23rd May 2022

Source: www.localgovernmentlawyer.co.uk

Electronic signatures instead of witnesses for LPAs stay on the table – Legal Futures

Posted May 20th, 2022 in consultations, electronic filing, Ministry of Justice, news, powers of attorney, witnesses by sally

‘The government has refused to rule out replacing the witnessing of lasting powers of attorney (LPAs) with electronic signatures despite widespread opposition in a consultation.’

Legal Futures, 20th May 2022

Source: www.legalfutures.co.uk

Legalising cannabis won’t tackle disproportionate policing outcomes for ethnic minorities, crime minister says – The Independent

Posted May 20th, 2022 in criminal justice, drug offences, equality, London, news, police, race discrimination by sally

‘Legalising cannabis won’t tackle disproportionate policing outcomes for ethnic minorities but the issue does need to be tackled, the crime minister says.’

The Independent, 20th May 2022

Source: www.independent.co.uk

Alerter by Arnold Ayoo – Costs of an Interim Injunction Where a Defendant Consents to Relief – Henderson Chambers

Posted May 20th, 2022 in chambers articles, costs, injunctions, news by sally

‘In Clayton Recruitment Limited v Wilson & Anor [2022] EWHC 1054 (Ch), the Claimant obtained a costs order after compromising an application for injunctive relief in the Chancery Division against a Defendant.’

Henderson Chambers, 11th May 2022

Source: www.hendersonchambers.co.uk

Stockwell tenant guilty of murdering couple during lockdown – BBC News

Posted May 20th, 2022 in coronavirus, landlord & tenant, murder, news by sally

‘A man who stabbed his landlords to death during the first national lockdown has been convicted of murder.’

BBC News, 19th May 2022

Source: www.bbc.co.uk

Did you see? You may have missed… Mr Charles Beresford Davies-Gilbert v Mr Henry James Goacher, Mr Steven Adrian Chester [2022] EWHC 969 – Gatehouse Chambers

Posted May 20th, 2022 in burden of proof, chambers articles, news, planning, reasons, restrictive covenants by sally

‘The Claimant was the owner and/or estate manager of land known as the Gilbert Estate. The Defendants were both freehold owners of land subject to restrictive covenants in favour of land owned by the Claimant. The relevant covenant prohibited any construction without a written licence, “such licence not to be unreasonably withheld.”’

Gatehouse Chambers, 11th May 2022

Source: gatehouselaw.co.uk

Case Preview: Hastings v Finsbury Orthopaedics Limited and Anor – UKSC Blog

Posted May 20th, 2022 in appeals, burden of proof, consumer protection, medical treatment, news, Scotland, Supreme Court by sally

‘The appeal was heard by the UK Supreme Court on 28 April 2022. In this case, Mr Hastings appeals against the findings of the lower courts in Scotland that the metal-on-metal prosthesis used for his total hip replacement was not defective within the terms of the Consumer Protection Act 1987 (the “CPA”).’

UKSC Blog, 20th May 2022

Source: ukscblog.com

Landlord loses court battle with local authority over costs agreement reached by his counsel – Local Government Lawyer

Posted May 20th, 2022 in barristers, costs, harassment, landlord & tenant, legal representation, local government, news by sally

‘A cost agreement cannot be undone simply because one party claimed to have stopped instructing the barrister concerned.’

Local Government Lawyer, 19th May 2022

Source: www.localgovernmentlawyer.co.uk

How Has the Pandemic Changed the City Workplace? Top 10 Legal Issues in the Post-Pandemic Workplace – Littleton Chambers

Posted May 20th, 2022 in age discrimination, chambers articles, coronavirus, data protection, employment, equality, flexible working, health & safety, news, sex discrimination by sally

‘The last two years have accelerated a number of trends which had already started to gain traction. The most obvious one is the move to remote working.’

Littleton Chambers, 17th May 2022

Source: littletonchambers.com

A judge has discretion to grant relief from sanctions without a formal application or any application at all, Court of Appeal reaffirms- Farrar’s Building

Posted May 20th, 2022 in appeals, chambers articles, civil procedure rules, costs, judges, judiciary, legal representation, McKenzie friends, news, sanctions by sally

‘In Park v Hadi and Another [2022] EWCA Civ 581, the Court of Appeal (Holroyde, Stuart-Smith and Warby LJJ), reaffirmed the principle that a judge may, of her own discretion, grant relief from sanctions without formal notice or without any application at all. The Court went on to issue guidance as to how this judicial discretion ought to be exercised, observing that a judge should always act in accordance with the overriding objective and will likely only exercise her discretion to grant relief sparingly.’

Farrar's Building, 5th May 2022

Source: www.farrarsbuilding.co.uk

Bobbi-Anne McLeod: Man jailed for murder of Plymouth teen – BBC News

Posted May 20th, 2022 in imprisonment, murder, news, sentencing by sally

‘A man fascinated with serial killers has been jailed for a minimum of 31 years for murdering an 18-year-old woman he abducted from a bus stop.’

BBC News, 19th May 2022

Source: www.bbc.co.uk

Laurence Fox denied first libel jury trial for a decade – Law Society’s Gazette

Posted May 20th, 2022 in bias, defamation, interpretation, judges, juries, news, racism, trials by sally

‘Actor and political activist Laurence Fox has failed in his bid for the first libel trial by jury in a decade over a social media spat between him and three public figures he called “paedophiles” on Twitter.’

Law Society's Gazette, 18th May 2022

Source: www.lawgazette.co.uk

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