‘No-one was prosecuted over the death of a man who was restrained in the street by public transport workers despite the case being reviewed three times.’
BBC News, 1st March 2021
Source: www.bbc.co.uk
‘In the latest episode of Law Pod UK Rosalind English talks to Matt Hervey, co-editor with Matthew Lavy of a new practitioner’s text book on Artificial Intelligence. Matt is Head of Artificial Intelligence at Gowling WLG., and advises on all aspects of AI and Intellectual Property, particularly in relation to the life sciences, automotive, aviation, financial and retail sectors. Our discussion ranges across many areas covered by the book, including negligence, liability for physical and economic harm, AI and professional liability, and more on AI and intellectual property, a fascinating subject which Matt touches on in this episode.’
Law Pod UK, 1st March 2021
Source: audioboom.com
‘Brexit cannot be blamed for all the challenges the haulage industry is currently facing. On the other hand, it isn’t helping either. In particular, it’s making recruitment even harder.’
EIN Blog, 1st March 2021
Source: www.ein.org.uk
‘An 11-month-old baby and her mother are bringing a case in the high court to try to secure the baby’s right to free vitamins, formula milk and nutritious food.’
The Guardian, 1st March 2021
Source: www.theguardian.com
‘On 15 December 2020, the London South Employment Tribunal gave its judgment in a claim brought by a domestic worker, Ms Kamalammal P K Puthenveettil, challenging her exemption from payment of the national minimum wage on the basis of the “family worker” exemption. The Employment Tribunal (‘ET’) accepted the Claimant’s argument that this exemption, stemming from the “family worker” exemption, was unlawful and indirectly discriminatory on the basis of sex. This exemption has meant that some live-in domestic workers – part of an overwhelmingly female and largely ethnic minority and / or migrant workforce – have been at worst denied payment of the national minimum wage (‘NMW’), and in other cases lacked clarity about their entitlement to this very basic right. After outlining the background to Puthenveettil, this post will explain the family worker exemption and its (mis-)application to some live-in domestic workers. It will then analyse the judgment in Puthenveettil, its significance in questioning the devaluation of domestic work, and the limitations of the legal framework for domestic workers in the UK.’
UK Labour Law, 1st March 2021
Source: uklabourlawblog.com
‘Since 2019 when Shamima Begum was found in a camp in north Syria, her hopes of returning to the UK have ebbed and flowed (see here and here). Stripped of her British citizenship, she brought three sets of legal proceedings. Last week, after a ruling by the Supreme Court, her hopes receded once more. The Home Secretary was entitled to refuse her entry to the UK to pursue her appeal against the loss of citizenship, the Court ruled. So, Ms Begum’s appeal has been stayed, pending some change in her circumstances which will enable her to participate in a hearing – albeit from outside the UK.’
UK Human Rights Blog, 1st March 2021
Source: ukhumanrightsblog.com
‘A British businessman has been jailed for three and a half years after being convicted of conspiring to pay huge backhanders in one of the world’s biggest bribery scandals.’
The Guardian, 1st March 2021
Source: www.theguardian.com
‘Include Mx, which was launched in November 2020, is a micro campaign that approaches businesses and organisations to ask them to include Mx as an option on forms. Mx is a gender neutral honorific that was first coined and used in the 1970s. It’s used by those who do not identify as a particular gender, as well as those who do not want to reveal their gender.’
Each Other, 1st March 2021
Source: eachother.org.uk
‘Campaigners have welcomed news that ministers will make non-fatal strangulation a specific criminal offence punishable by five years’ imprisonment.’
The Guardian, 1st March 2021
Source: www.theguardian.com
‘A couple found camping “in a perilous position” on top of a cliff have been fined for breaching lockdown rules.’
BBC News, 1st March 2021
Source: www.bbc.co.uk
‘In the clinical negligence case of Aileen Brint v Barking, Havering and Redbridge University Hospitals NHS Trust [2021] EWHC 290 (QB), HHJ Platts dismissed the claim but declined to find the Claimant fundamentally dishonest. It is a reminder that significant unreliability does not necessarily equate to dishonesty, particularly where there is a complex psychological component.’
Parklane Plowden Chambers, 23rd February 2021
Source: www.parklaneplowden.co.uk
‘In the very interesting case of Motacus Constructions Ltd v Paolo Castelli SPA [2021] EWHC 356 (TCC), handed down on 22 February 2021 Judge Hodge QC determined:
“the apparently novel question whether the inclusion within a construction contracts for works in England of an exclusive jurisdiction clause in favour of a foreign court precludes the English court from entertaining proceedings for breach of the term implied by paragraph 23 of the Scheme [i.e. the Scheme for Construction Contracts] that the decision of an adjudicator binds the parties until the final determination of the dispute”.’
39 Essex Chambers, 24th February 2021
Source: www.39essex.com
‘The conjoined appeals in R v Byrne and ors. [2021] EWCA Crim 107 related to the safety of convictions arising from separate trials in which the Crown had instructed the same expert, Andrew Ager. Although the convictions were found to be safe, both Ager himself and the prosecution came in for stark criticism, particularly in light of previous high-profile failings in this area in R v Pabon [2018] EWCA Crim 420. The case provides the clearest reminder to all parties in criminal proceedings to ensure compliance with the requirements relating to expert evidence.’
6KBW College Hill, 17th February 2021
Source: blog.6kbw.com
‘In a landmark decision the Supreme Court has ruled that The Central London Employment Tribunal, and the Court of Appeal were correct to find that the Claimant Uber drivers were “workers”, rather than independent contractors. ‘Whether a contract is a ‘worker’s contract’ is a matter of statutory interpretation, not contractual interpretation. That involves taking a purposive approach which, in the employment context, is to protect those who are vulnerable as a result of their subordination to, and dependence upon, another person in relation to their work. In the case of Uber, the employment tribunal’s findings on the relative degree of control exercised by Uber and drivers respectively over the service provided to passengers justified its conclusion that the drivers were workers,’ according to the Supreme Court.’
Park Square Barristers, 24th February 2021
Source: www.parksquarebarristers.co.uk
‘Last Friday Chamberlain J handed down judgment in a challenge concerning the government’s compliance with procurement law and its own transparency guidance in the awarding of goods and services contracts during the COVID-19 pandemic. By reg. 50 of the Public Contracts Regulations 2015 the Secretary of State for Health and Social Care was obliged to send for publication a contract award notice (“CAN”) not later than 30 days after the award of a contract. By its transparency policy and principles it was obliged to publish details of any contract.’
39 Essex Chambers, 23rd February 2021
Source: www.39essex.com
‘These are strange times and the risks posed by the pandemic are constantly changing and increasing. The impact of this on individuals is significant and concerns about personal safety are high. Balancing those concerns with schooling, home schooling and contact means this will become even more difficult.’
Garden Court Chambers, 24th February 2021
Source: www.gardencourtchambers.co.uk
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