Author: sally

Can employees refuse to attend work because of Covid-19? – Blackstone Chambers

Posted January 8th, 2021 in chambers articles, coronavirus, employment, health & safety, news by sally

‘The Covid-19 pandemic has wrought sudden and drastic changes to the workplace. Many are now working from home, to suppress the spread of the virus and protect themselves or their families from catching it. However, working from home is a precaution which is not available to all, and which is available unequally. There has been no better example of this than last week’s drama (prior to the announcement of the third lockdown) over the reopening of schools, with the government, local authorities, unions and individual schools and teachers at loggerheads over whether pupils can safely return to schools after the Christmas break.’

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Blackstone Chambers, 7th January 2021

Source: coronavirus.blackstonechambers.com

The EAW is dead; long live the UK-EU Surrender Agreement – 6KBW College Hill

Posted January 8th, 2021 in brexit, chambers articles, EC law, news by sally

‘On Christmas Eve, the UK and the EU agreed the terms of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community of the One Part and the United Kingdom of Great Britain and Northern Ireland, of the Other Part (“the Trade and Cooperation Agreement”). Title VII of Part 3 of the Trade and Cooperation Agreement governs extradition or, to use the language of the agreement, “surrender arrangements” between the UK and the EU. The effect of these provisions is to closely replicate the arrangements under the Framework Decision on the European Arrest Warrant (“the Framework Decision”) and the surrender agreement between Norway and Iceland and the European Union (“the Iceland/Norway Agreement”).’

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6KBW College Hill, 1st January 2021

Source: blog.6kbw.com

Extradition – A Year in Review of 2020 – A look forward to 2021 – 5SAH

Posted January 8th, 2021 in appeals, chambers articles, extradition, human rights, news by sally

‘2020 has undoubtedly been a most unusual year, but in terms of the evolution of extradition caselaw it has been surprisingly still. As in previous years, extradition appeals have been dominated by Article 8 cases and challenges to European prison conditions. However, fewer extraditions than usual have actually taken place, and not for the obvious reasons (although coronavirus (COVID-19) has caused its own delays). Various challenges have led to large numbers of appeals being stayed pending outcomes of lead cases. Sharmistha Michaels and Rebecca Hill, barristers at Five St Andrew’s Hill, discuss the most important extradition judgments of 2020 and what to expect in 2021.’

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5SAH, 6th January 2021

Source: www.5sah.co.uk

Nightmare Neighbours – What Actions Can Be Taken Against Them? – Becket Chambers

Posted January 8th, 2021 in chambers articles, community protection notices, dispute resolution, harassment, housing, injunctions, news, nuisance, pre-action conduct by sally

‘Some of us are unfortunate enough to encounter nightmare neighbours who negatively impact our day-to-day life to varying degrees. This article seeks to explore the options available to clients who need to take further steps to resolve their neighbour disputes.’

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Becket Chambers, 5th January 2021

Source: becket-chambers.co.uk

Professional liability update: 2020 year in review – 4 New Square

Posted January 8th, 2021 in abuse of process, chambers articles, damages, fiduciary duty, illegality, negligence, news, professional conduct by sally

‘In this review of the year, Helen Evans, Ben Smiley, Pippa Manby, and Ian McDonald of 4 New Square explain what the 2020 cases tell us, how the various strands of development interact, and what to watch out for as we go into 2021.’

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4 New Square, 5th January 2021

Source: www.4newsquare.com

A duty of care – what does the new standard of proof in inquests mean? – 5SAH

Posted January 8th, 2021 in chambers articles, death in custody, duty of care, inquests, mental health, news, prisons, standard of proof, suicide by sally

‘On the 11th of July 2016 a prisoner Mr James Maughan was found dead in his prison cell having hanged himself. The investigation into the factual circumstances surrounding his death found that he had a history of mental health issues and had previously made threats of self-harm. The evening before his death he had been in an agitated state.’

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5SAH, 7th January 2021

Source: www.5sah.co.uk

Bar students and BPP at odds over face-to-face exam this week – Legal Futures

Posted January 6th, 2021 in barristers, coronavirus, examinations, legal education, news, universities by sally

‘Last night’s announcement of a new lockdown has thrown a new element into the dispute between BPP Law School and Bar students over a scheduled face-to-face exam this week.’

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Legal Futures, 5th January 2021

Source: www.legalfutures.co.uk

LEI does not have to fund appeals during “unmeritorious claims” – Litigation Futures

Posted January 6th, 2021 in appeals, barristers, contracts, costs, employment, employment tribunals, insurance, news, striking out, unfair dismissal by sally

‘Legal expenses insurance (LEI) does not have to fund interlocutory appeals that are likely to succeed as part of claims that overall are predicted to fail, the High Court has ruled.’

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Litigation Futures, 5th January 2021

Source: www.litigationfutures.com

Knife killer brought to justice for 1994 Manchester stabbing – BBC News

Posted January 6th, 2021 in DNA, forensic science, homicide, hospital orders, mental health, news, offensive weapons, sentencing by sally

‘A killer with a long history of mental health issues has been brought to justice for randomly stabbing a “blameless” man to death 26 years ago.’

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BBC News, 5th January 2021

Source: www.bbc.co.uk

Ep 133: Is our Brexit trade deal with the EU a “Canada minus”? – Law Pod UK

Posted January 6th, 2021 in brexit, EC law, news, podcasts by sally

‘The UK parliament has now passed Boris Johnson’s trade and cooperation agreement with the European Union. Professor Barnard considers it a thin deal – as many predicted – but it has certainly delivered on sovereignty. There is no mention in the text of the European Court of Justice or EU Law. Hear more about the extent to which Britain has “taken back control” in this concise summary.’

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Law Pod UK, 5th January 2021

Source: audioboom.com

‘Deepfake porn images still give me nightmares’ – BBC News

Posted January 6th, 2021 in computer programs, criminal justice, internet, news, photography, pornography, victims by sally

‘A woman who has been the victim of deepfake pornography is calling for a change in the law.’

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BBC News, 6th January 2021

Source: www.bbc.co.uk

Council defeats appeal over ruling that it did not breach public sector equality duty in possession case – Local Government Lawyer

Posted January 5th, 2021 in disabled persons, equality, housing, local government, mental health, news, repossession, statutory duty by sally

‘A High Court judge has dismissed an appeal over a ruling in a housing case that there had been no breach by Slough Borough Council of the public sector equality duty.’

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Local Government Lawyer, 5th January 2021

Source: www.localgovernmentlawyer.co.uk

Court denies relief for costs default during first lockdown – Law Society’s Gazette

Posted January 5th, 2021 in coronavirus, costs, law firms, negligence, news, personal injuries, time limits by sally

‘A litigant in a personal injury claim has been penalised for not contesting a costs bill within the allotted time, despite his representatives pleading that their work was affected by the first lockdown.’

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Law Society's Gazette, 5th January 2021

Source: www.lawgazette.co.uk

Research lays bare gender disparities in publicly funded advocacy – Legal Futures

Posted January 5th, 2021 in barristers, equality, legal aid, news, queen's counsel, remuneration, reports, women by sally

‘There are “significant gender disparities” in barristers’ access to work and pay across both criminal and civil publicly funded work, research by a circuit judge has found.’

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Legal Futures, 5th January 2021

Source: www.legalfutures.co.uk

Strangling: Calls for a new non-fatal strangulation offence – BBC News

Posted January 5th, 2021 in assault, bills, coercive & controlling behaviour, domestic violence, news by sally

‘There will be a fresh move later to make non-fatal strangulation a specific criminal offence in England and Wales as the House of Lords debates an amendment to the Domestic Abuse Bill.’

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BBC News, 5th January 2021

Source: www.bbc.co.uk

Courts stay open as England plunged back into lockdown – Law Society’s Gazette

Posted January 5th, 2021 in coronavirus, courts, juries, legal profession, news, regulations by sally

‘Courts will remain open during the new Covid-19 restrictions applying across England, the government confirmed last night. Guidelines state that reasonable excuses for leaving home during lockdown include fulfilment of legal obligations, such as attending court as a lawyer or jury member, or to carry out activities relating to buying, selling or letting a home.’

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Law Society's Gazette, 5th January 2021

Source: www.lawgazette.co.uk

Local authority secures compliance with High Court injunction to restore plot of land to open countryside – Local Government Lawyer

Posted January 5th, 2021 in enforcement, environmental protection, injunctions, local government, news, planning by sally

‘Buckinghamshire Council last month secured compliance with a High Court injunction to restore land to open countryside.’

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Local Government Lawyer, January 2021

Source: www.localgovernmentlawyer.co.uk

Boy guilty over Oxford Street racist coronavirus attack – BBC News

Posted January 5th, 2021 in coronavirus, grievous bodily harm, hate crime, news, racism, young offenders by sally

‘A 15-year-old boy has been found guilty of racially attacking a Singaporean student who was told “I don’t want your coronavirus in our country”.’

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BBC News, 4th January 2021

Source: www.bbc.co.uk

Council wins appeal over finding of negligence over personal injuries suffered by teaching assistant – Local Government Lawyer

Posted January 4th, 2021 in appeals, compensation, damages, employment, health & safety, local government, negligence, news, personal injuries, post-traumatic stress disorder, school children by sally

‘A county council has won an appeal over a ruling that it was liable in negligence for personal injuries suffered by a teaching assistant.’

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Local Government Lawyer, 4th January 2021

Source: www.localgovernmentlawyer.co.uk

Julian Assange: Wikileaks founder extradition to US blocked by UK judge – BBC News

Posted January 4th, 2021 in disclosure, extradition, mental health, news, suicide, whistleblowers by sally

‘Wikileaks founder Julian Assange cannot be extradited to the United States, a court in London has ruled.’

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BBC News, 4th January 2021

Source: www.bbc.co.uk