Individuals and the court process: Proposed changes to CPR 45 in light of recent amendments to the overriding objective – St Philips Barristers

‘Benjamin Clayton discusses proposed amendments to CPR 45, in the context of the recent update pertaining to vulnerable witnesses. Such changes not only take greater account of individual differences, but also put to bed long standing arguments between claimants and defendants.’

Full Story

St Philips Barristers, 4th June 2021

Source: st-philips.com

Court of Protection Newsletter – Spire Barristers

Posted June 14th, 2021 in chambers articles, Court of Protection, news by sally

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

Full Story

Spire Barristers, 9th June 2021

Source: spirebarristers.co.uk

Britvic PLC v Britvic Pensions: Court of Appeal Decision Overturns High Court on Interpretation and “Corrective Construction” – Wilberforce Chambers

Posted June 14th, 2021 in appeals, chambers articles, contracts, interpretation, news, pensions by sally

‘The Court of Appeal has just handed down its decision in Britvic PLC v Britvic Pensions [2021] EWCA CIV 867, overturning the first instance High Court decision. It is a major decision on interpretation (applying principles applicable to contracts and other documents, and not just pension schemes). This note focuses on the interpretation issue of general application; a second note will touch on the pensions-specific aspects.’

Full Story

Wilberforce Chambers, 11th June 2021

Source: www.wilberforce.co.uk

Can an individual be a ‘worker’ if they are not obliged to accept any work at all? – 3PB

Posted June 14th, 2021 in chambers articles, employment, employment tribunals, holiday pay, news by sally

‘The Nursing and Midwifery Council (‘NMC’) is the regulator of Nurses and Midwives in the UK. Pursuant to the Nursing and Midwifery Order 2001, the NMC has a Fitness to Practise Committee (‘FTP’), which determines allegations of impairment of fitness to practise. The Claimant was appointed as a panel member and chair of the FTP for a four-year term on 16 April 2012. He was appointed for a further four-year term in April 2016.’

Full Story

3PB, 10th June 2021

Source: www.3pb.co.uk

The Tort of Nuisance – Overlook it at Your Peril – 4 King’s Bench Walk

Posted June 14th, 2021 in chambers articles, news, nuisance by sally

‘In this month’s Construction Law 4KBW’s Chris Bryden (2003) and Georgia Whiting (2011) examine the tort of private nuisance, a complex area which they warn has the potential to affect construction professionals in far-reaching (and evolving) ways.’

Full Story

4 King's Bench Walk, 3rd June 2021

Source: www.4kbw.co.uk

Court of Protection judge considers how supervisory bodies should evidence their scrutiny of requests for authorisation of deprivation of liberty – Local Government Lawyer

‘An error in someone’s name on a form did not invalidate a standard authorisation, the Court of Protection has decided.’

Full Story

Local Government Lawyer, 10th June 2021

Source: www.localgovernmentlawyer.co.uk

Driver sacked for drinking in club while sick wins tribunal – BBC News

Posted June 10th, 2021 in disciplinary procedures, news, unfair dismissal by sally

‘A driver who was sacked after he was seen drinking in a social club while off work through illness has won his case at an employment tribunal.’

Full Story

BBC News, 9th June 2021

Source: www.bbc.co.uk

Documents privileged despite ‘element of deception’ – Law Society’s Gazette

Posted June 10th, 2021 in disclosure, documents, misrepresentation, negligence, news, privilege by sally

‘The High Court has ruled that a litigant’s legal documents must remain privileged despite it being accepted they were part of an information-gathering deception.’

Full Story

Law Society's Gazette, 9th June 2021

Source: www.lawgazette.co.uk

Court sanctions Part 26A restructuring plan – Mills & Reeve

‘The court considered whether it could make an order sanctioning a Part 26A restructuring plan (“Plan”) where the company was incorporated in England to rely on the English court’s jurisdiction to sanction a Plan.’

Full Story

Mills & Reeve, 8th June 2021

Source: www.mills-reeve.com

Lord Chancellor unveils court staff pay deal and review of his role – Legal Futures

‘The Treasury has agreed a three-year pay deal for court staff after negotiations with the Ministry of Justice (MoJ), the Lord Chancellor has announced.’

Full Story

Legal Futures, 9th June 2021

Source: www.legalfutures.co.uk

Anxious workers can wear headphones after discrimination ruling – Daily Telegraph

‘People with anxiety should be allowed to listen to music as they work, an employment tribunal has ruled.’

Full Story

Daily Telegraph, 10th June 2021

Source: www.telegraph.co.uk

Siblings who fatally force-fed man as he slept on train jailed for manslaughter – BBC News

Posted June 10th, 2021 in homicide, news, sentencing by sally

‘Two siblings who force-fed kebab meat to an “intoxicated” man as he slept on a train, causing his death, have been jailed for manslaughter.’

Full Story

BBC News, 9th June 2021

Source: www.bbc.co.uk

EU Settled Status scheme – what to expect if you miss the deadline – EIN Blog

Posted June 9th, 2021 in brexit, EC law, immigration, news, visas by sally

‘If you are an EU national resident in the UK before Brexit you can protect your right of residence. All you need to do is make an application for settled status or pre-settled status. This application is made online and, if you avoid technical difficulties, will take only a few minutes to complete. The deadline is 30 June 2021.’

Full Story

EIN Blog, 7th June 2021

Source: www.ein.org.uk

Tribunal judges found it “difficult to communicate” at video hearings – Litigation Futures

Posted June 9th, 2021 in coronavirus, judges, news, remote hearings, statistics, tribunals by sally

‘A major report on the impact of the pandemic on the tribunal service has found that almost a third of judges found it “difficult to communicate” at video hearings in the first few months.’

Full Story

Litigation Futures, 8th June 2021

Source: www.litigationfutures.com

PC Wayne Couzens pleads guilty to kidnap and rape of Sarah Everard – The Guardian

Posted June 9th, 2021 in guilty pleas, kidnapping, murder, news, police, rape, sexual offences by sally

‘Police constable Wayne Couzens has pleaded guilty to the kidnapping and rape of Sarah Everard, who went missing in March while walking home in south London.’

Full Story

The Guardian, 8th June 2021

Source: www.theguardian.com

How Can Respecting the Right to Religion for Prisoners Make A Real Difference? – Each Other

‘Over the past twenty years, the proportion of prisoners from religious minorities has steadily increased. EachOther asks how can listening to minority voices improve the right to religion in prisons?’

Full Story

Each Other, 8th June 2021

Source: eachother.org.uk

Fully cladding your Particulars of Claim is key – Mills & Reeve

‘Beware the pitfalls of bringing a claim at the last possible opportunity, and the prohibition against pleading new causes of action in the Reply to Defence … Martlett Homes Limited v. Mulalley & Co. Limited [2021] EWHC 296 (TCC).’

Full Story

Mills & Reeve, 8th June 2021

Source: www.mills-reeve.com

Small claims court delays continue to increase – Litigation Futures

‘Delays in cases going through the civil court continued to rise in the first quarter of 2021, throwing a potentially huge spanner in the works of the whiplash reforms which came into force last week.’

Full Story

Litigation Futures, 7th June 2021

Source: www.litigationfutures.com

Research Briefing: Land law: frequently asked questions (England & Wales) – House of Commons Library

‘This Commons briefing paper gives an overview of some commonly raised issues about land law.’

Full Story

House of Commons Library, 8th June 2021

Source: commonslibrary.parliament.uk

Tribunal ‘deeply concerned’ by racism among Home Office contractors – The Guardian

‘An employment tribunal has said that it was “deeply concerned” about Home Office contractors who deport people from the UK having used the racist term “cotton pickers” to describe their black colleagues, but threw out a claim of race and disability discrimination.’

Full Story

The Guardian, 7th June 2021

Source: www.theguardian.com