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

Posted August 16th, 2022 in appeals, cryptocurrencies, duty of care, 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.’

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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 appeals, leases, news, service charges, Supreme Court 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.’

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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 indexation, national insurance, news, pensions, women 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.’

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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 casual workers, holiday pay, holidays, news, Supreme Court 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?’

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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 barristers, conflict of interest, media, 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.’

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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 courts, domestic violence, news, pilot schemes, prosecutions, rape, victims 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?’

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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 casual workers, holiday pay, holidays, news, Supreme Court 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.’

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Littleton Chambers, 28th July 2022

Source: littletonchambers.com

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

Posted August 16th, 2022 in education, health, local government, news, Scotland, women by sally

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

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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 age discrimination, employment tribunals, news, unfair dismissal 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.’

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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 fines, internet, news, racism, suspended sentences 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.’

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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 aircraft, demonstrations, environmental protection, injunctions, 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.’

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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 damages, data protection, news, psychiatric damage 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.’

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Ropewalk Chambers, 26th July 2022

Source: www.ropewalk.co.uk

What does UK law say about strikes? – OUP Blog

Posted August 16th, 2022 in codes of practice, employment, industrial action, 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.’

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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 appeals, child abuse, children, evidence, judgments, 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.’

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Family Law Week, 1st August 2022

Source: www.familylawweek.co.uk

Academy for aspiring barristers from under-represented groups goes live – Legal Futures

Posted August 11th, 2022 in barristers, diversity, equality, news by sally

‘An academy scheme for aspiring barristers from under-represented groups has launched a year-long programme to give 100 students access to internships – including at the Supreme Court – mini-pupillages, mentoring and life coaching.’

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Legal Futures, 11th August 2022

Source: www.legalfutures.co.uk

Man found guilty of murdering his wife four days after their wedding – The Guardian

Posted August 11th, 2022 in domestic violence, families, married persons, murder, news by sally

‘A man has been found guilty of murdering his wife and stuffing her body in a suitcase just days after their wedding.’

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The Guardian, 10th August 2022

Source: www.theguardian.com

Landlord ordered to pay £40k in fine and costs for breaches of property licensing conditions – Local Government Lawyer

‘A London landlord who repeatedly failed to comply with licensing regulations, including refusal to provide a kitchen for a tenant, has been ordered to pay £40,000 in fine and costs.’

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Local Government Lawyer, 9th August 2022

Source: www.localgovernmentlawyer.co.uk

UK must curb influence of European human rights rules, says Braverman – The Guardian

Posted August 11th, 2022 in attorney general, brexit, equality, human rights, news by sally

‘Ministers should “take radical action” to counter the influence of European human rights rules to curb a burgeoning industry of highly paid equalities officers touting bogus grievances, Suella Braverman, the UK government’s chief law officer, has argued.’

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The Guardian, 10th August 2022

Source: www.theguardian.com

East Kent NHS Trust: Hospital apologises over baby death errors – BBC News

‘A Kent hospital trust has apologised to a grieving mother who was told her baby was dead, then alive, before dying hours later.’

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BBC News, 10th August 2022

Source: www.bbc.co.uk

England and Wales police failing burglary victims, inspectorate finds – The Guardian

Posted August 11th, 2022 in budgets, burglary, news, police, robbery, statistics, theft by sally

‘Police are failing victims of burglary and theft, missing chances to catch thieves leading to lack of confidence in forces, the official inspectorate has found.’

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The Guardian, 11th August 2022

Source: www.theguardian.com