Newport driver jailed for 10 years for ramming scooter rider – BBC News
‘A driver has been jailed for 10 years for ramming into a scooter rider who accidentally cracked his wing mirror.’
BBC News, 9th November 2020
Source: www.bbc.co.uk
Author: sally
‘No one questioned it’: teacher’s tribunal victory shines light on unfettered academy powers – The Guardian
‘Herefordshire academy conspired to sack drama teacher for her union activities.’
The Guardian, 10th November 2020
Source: www.theguardian.com
All you need to know about domestic abuse and ILR – EIN Blog
‘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.’
EIN Blog, 9th November 2020
Source: www.ein.org.uk
Tens of thousands made homeless despite UK ban on evictions during pandemic – The Guardian
‘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.’
The Guardian, 8th November 2020
Source: www.theguardian.com
Disability Discrimination Act: The disabled activists who brought London to a halt – BBC News
‘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.’
BBC News, 8th November 2020
Source: www.bbc.co.uk
Court of Appeal refuses permission to appeal Swift v Carpenter – Litigation Futures
‘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.’
Litigation Futures, 6th November 2020
Source: www.litigationfutures.com
Homeworking now a “reasonable adjustment” for disabled lawyers – Legal Futures
‘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.’
Legal Futures, 9th November 2020
Source: www.legalfutures.co.uk
UK supreme court could be left with only one female justice – The Guardian
‘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.’
The Guardian, 8th November 2020
Source: www.theguardian.com
Ep 129: Brexit and the Flaws of Delegated Legislation – Law Pod UK
‘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.’
Law Pod UK, 4th November 2020
Source: audioboom.com
Viewpoint: Disability laws are 25 years old, what next? – BBC News
‘It’s 25 years since the Disability Discrimination Act became law, but the campaign for equality goes on.’
BBC News, 9th November 2020
Source: www.bbc.co.uk
Covid-19 prompts UK call for statutory paid bereavement leave – The Guardian
‘People who lose a close relative or partner should be entitled to two weeks’ statutory paid bereavement leave, the Sue Ryder charity has said.’
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
‘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.’
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
‘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.’
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
‘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.’
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
‘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.’
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
‘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.’
3PB, 2nd October 2020
Source: www.3pb.co.uk
Causation in insurance law – a new interpretation? – Hardwicke Chambers
‘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.’
Hardwicke Chambers, 6th October 2020
Source: hardwicke.co.uk
Ex-zoo worker jailed over penguins and rare birds theft – BBC News
‘A man who stole penguins and rare birds from a zoo has been jailed.’
BBC News, 30th October 2020
Source: www.bbc.co.uk
SONIA and the ‘Tough Legacy’ of LIBOR – Henderson Chambers
‘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?’
Henderson Chambers, 7th October 2020
Source: www.hendersonchambers.co.uk
What To Do About London’s Roof Tops – The 36 Group
‘More than a few are eyeing the value of rooftops on residential tower blocks of flats.’
The 36 Group, October 2020
Source: 36group.co.uk
