Author: sally

All you need to know about domestic abuse and ILR – EIN Blog

Posted November 9th, 2020 in coercive & controlling behaviour, domestic violence, families, immigration, legal aid, legal representation, news, passports, victims by sally

‘Anyone in an abusive relationship is in a dangerous and terrifying situation. But if you are in the UK on a Spouse Visa, Civil Partnership Visa, or Unmarried Partner Visa, the situation is especially frightening. But you are not alone. And you can apply for Indefinite Leave to Remain (ILR), which will allow you to stay permanently in the UK if your relationship breaks down because of domestic violence/abuse.’

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EIN Blog, 9th November 2020

Source: www.ein.org.uk

Tens of thousands made homeless despite UK ban on evictions during pandemic – The Guardian

Posted November 9th, 2020 in coronavirus, government departments, homelessness, housing, landlord & tenant, local government, news, repossession, statistics, young persons by sally

‘Tens of thousands of people have been made homeless since the start of the pandemic despite a ban on evictions, the Guardian has found, with charities warning that younger people are falling through the gaps.’

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The Guardian, 8th November 2020

Source: www.theguardian.com

Disability Discrimination Act: The disabled activists who brought London to a halt – BBC News

Posted November 9th, 2020 in demonstrations, disability discrimination, disabled persons, equality, legal history, news by sally

‘Twenty-five years ago the Disability Discrimination Act was passed, a landmark piece of legislation which ensured, for the first time, that disabled people had civil rights.’

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BBC News, 8th November 2020

Source: www.bbc.co.uk

Court of Appeal refuses permission to appeal Swift v Carpenter – Litigation Futures

Posted November 9th, 2020 in appeals, compensation, costs, damages, housing, indemnities, news, part 36 offers, personal injuries by sally

‘The Court of Appeal has refused permission to appeal Swift v Carpenter, its recent decision that replaced the Roberts v Johnstone formula for calculating accommodation claims by injured people.’

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Litigation Futures, 6th November 2020

Source: www.litigationfutures.com

Homeworking now a “reasonable adjustment” for disabled lawyers – Legal Futures

Posted November 9th, 2020 in coronavirus, disability discrimination, disabled persons, employment, employment tribunals, equality, flexible working, law firms, Law Society, news, solicitors by sally

‘Employment tribunals may in future need to recognise that homeworking has become an established “reasonable adjustment” to working practices for disabled people, including lawyers, a webinar heard last week.’

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Legal Futures, 9th November 2020

Source: www.legalfutures.co.uk

UK supreme court could be left with only one female justice – The Guardian

Posted November 9th, 2020 in diversity, equality, gender, judiciary, news, Supreme Court, women by sally

‘Progress towards gender diversity on the UK’s highest court is in danger of being thrown into reverse, following the announcement that another female justice will retire shortly.’

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The Guardian, 8th November 2020

Source: www.theguardian.com

Ep 129: Brexit and the Flaws of Delegated Legislation – Law Pod UK

Posted November 9th, 2020 in brexit, constitutional law, news, parliament, podcasts by sally

‘In Episode 129, Emma-Louise Fenelon speaks to Lord Anderson of Ipswich QC, Alexandra Sinclair and Joe Tomlinson about the new Public Law Project report: Plus ca change? Brexit and the flaws of the delegated legislation system, for a fascinating discussion about parliamentary goings-on in a time of Brexit.’

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Law Pod UK, 4th November 2020

Source: audioboom.com

Viewpoint: Disability laws are 25 years old, what next? – BBC News

Posted November 9th, 2020 in disability discrimination, disabled persons, equality, legal history, news by sally

‘It’s 25 years since the Disability Discrimination Act became law, but the campaign for equality goes on.’

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BBC News, 9th November 2020

Source: www.bbc.co.uk

Covid-19 prompts UK call for statutory paid bereavement leave – The Guardian

Posted November 9th, 2020 in bereavement, bills, charities, coronavirus, employment, families, news by sally

‘People who lose a close relative or partner should be entitled to two weeks’ statutory paid bereavement leave, the Sue Ryder charity has said.’

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The Guardian, 9th November 2020

Source: www.theguardian.com

A ruling delivered in open court or in writing is capable of amounting to a confiscation order (R v Westbrook) – 5SAH

Posted October 30th, 2020 in appeals, chambers articles, confiscation, judges, judgments, news, proceeds of crime, time limits by sally

‘The Court of Appeal ruled that, as with other orders, the judge’s solemn pronouncement in court was the order and a failure to draw up a formal written document within the prescribed two-year period from the date of sentence did not invalidate it. In any event, the judge had provided written reasons, findings and figures which satisfied the statutory requirements of the Proceeds of Crime Act 2002 (POCA 2002). The Court of Appeal ruled that in the absence of prejudice or unfairness resulting from an administrative or procedural breach, it could not be argued that a failure to draw up the order rendered it invalid. The second ground of appeal (that the judge had wrongly concluded that there were hidden assets) was unarguable and leave to appeal was refused.’

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5SAH, 20th October 2020

Source: www.5sah.co.uk

Andrew Hill – ‘Sentencing of Young People with particular reference to the Issue of Mental Health’- 33 Bedford Row

Posted October 30th, 2020 in chambers articles, codes of practice, criminal justice, mental health, news, sentencing, young offenders by sally

‘I will look at in this article at some of the sentencing principles and guidance when sentencing young people and in particular for serious offences and when they are suffering from mental illness.’

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33 Bedford Row, 27th October 2020

Source: www.33bedfordrow.co.uk

Enka v. Chubb in the Supreme Court: Which Law is it Anyway? – 4 New Square

Posted October 30th, 2020 in accidents, appeals, arbitration, chambers articles, fire, foreign jurisdictions, injunctions, insurance, jurisdiction, news, Russia, Supreme Court by sally

‘Where the law governing a contract containing an arbitration agreement differs from the law of the nominated “seat” of the arbitration, which law – absent any express choice – governs the arbitration agreement itself? That was the question that the Supreme Court had to grapple with in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb [2020] UKSC 38, in which judgment was handed down on 9 October 2020. George Spalton and Ian McDonald of 4 New Square consider the decision.’

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4 New Square, 14th October 2020

Source: www.4newsquare.com

The importance of acting with “reasonable promptitude” when applying for relief from forfeiture: Keshwala and another v Bhalsod [2020] EWHC 2372 (QB) – Hardwicke Chambers

Posted October 30th, 2020 in appeals, chambers articles, debts, delay, forfeiture, landlord & tenant, leases, news, rent, repossession by sally

‘The tenants (Claimants) had a twenty-year lease of 89 Narborough Road, Leicester (Property) which commenced on 12 March 2008. The Property consisted of a lock-up shop on the ground floor with residential accommodation above. The Claimants mistakenly paid only £1,500 of the £2,000 quarterly instalment of rent that fell due in June 2018, leaving arrears of £500.’

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Hardwicke Chambers, 14th October 2020

Source: hardwicke.co.uk

Is there a different burden of proof in relation to misconduct cases in which there is a possibility that an employee who works with children may pose a danger? No, says the EAT in K v L UKEAT/0014/18/JW – 3PB

Posted October 30th, 2020 in appeals, burden of proof, chambers articles, child abuse, children, employment, employment tribunals, indecent photographs of children, news, school children, sexual offences, teachers, unfair dismissal, warrants by sally

‘The Claimant had been employed by the respondents for 20 years as a teacher. On 30th December 2016 the Police entered his property having been granted a warrant to search for and seize computers in the possession of the Claimant. The warrant was based on intelligence that indecent images of a child or children had been downloaded to an IP address associated with the Claimant. The Claimant lived at the address with his son. One of the computers was found to have data that was of interest to the Police.’

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3PB, 2nd October 2020

Source: www.3pb.co.uk

Causation in insurance law – a new interpretation? – Hardwicke Chambers

Posted October 30th, 2020 in causation, chambers articles, insurance, interpretation, news by sally

‘The High Court in Financial Conduct Authority v Arch Insurance (UK) Ltd [2020] EWHC 2448 (Comm) have provided much needed guidance on business interruption insurance. Within the judgment was analysis on the law of causation for insurance policies. The decision may be perceived as, at best, widening the approach when undertaking the “but for” test, or at least providing much needed clarity to the test.’

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Hardwicke Chambers, 6th October 2020

Source: hardwicke.co.uk

Ex-zoo worker jailed over penguins and rare birds theft – BBC News

Posted October 30th, 2020 in animals, burglary, imprisonment, news, sentencing, theft by sally

‘A man who stole penguins and rare birds from a zoo has been jailed.’

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BBC News, 30th October 2020

Source: www.bbc.co.uk

SONIA and the ‘Tough Legacy’ of LIBOR – Henderson Chambers

Posted October 30th, 2020 in banking, chambers articles, financial regulation, financial services ombudsman, interest, news, rates by sally

‘At the end of 2021 the London Interbank Offered Rate (LIBOR) will be discontinued. In its place the Financial Conduct Authority is proposing a different rate to become the market standard, the Sterling Overnight Index Average (SONIA). What is the impact of LIBOR’s discontinuance on regulated credit agreements? How might regulated lenders approach a transfer to SONIA? Will the Government legislate to assist with the change?’

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Henderson Chambers, 7th October 2020

Source: www.hendersonchambers.co.uk

What To Do About London’s Roof Tops – The 36 Group

Posted October 30th, 2020 in chambers articles, codes of practice, housing, local government, London, news, planning by sally

‘More than a few are eyeing the value of rooftops on residential tower blocks of flats.’

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The 36 Group, October 2020

Source: 36group.co.uk

The cost of wrongly alleging breach of good faith: Part 36 offers and indemnity costs – Local Government Lawyer

Posted October 30th, 2020 in contracts, damages, local government, news, part 36 offers, waste by sally

‘A High Court judge’s decisions in a multi-million pound dispute between a council and a waste company are helpful in understanding the Court’s approach to duties of good faith – and the consequences of making allegations of bad faith without sufficient evidence, write Judith Hopper and Rory Budworth.’

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Local Government Lawyer, 30th October 2020

Source: www.localgovernmentlawyer.co.uk

Litigating on behalf of P: Guidance for Deputies on seeking permission and managing conflicts – Hardwicke Chambers

Posted October 30th, 2020 in chambers articles, Court of Protection, disabled persons, news by sally

‘Her Honour Judge Hilder has given judgment in ACC & Others [2020] EWCOP 9, a test case which concerns the circumstances in which deputies must seek authority to litigate on behalf of P and other considerations such as managing conflicts where a professional deputy proposes to instruct its own firm in the litigation.’

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Hardwicke Chambers, 26th October 2020

Source: hardwicke.co.uk