Does a Limb B) worker qualify as an employee for purposes of TUPE? – Littleton Chambers

Posted December 10th, 2019 in contracts, news, statutory interpretation, transfer of undertakings by sally

‘The Claimants were cycle couriers who provided services to City Sprint in relation to City Sprint’s contract with HCA Healthcare. City Sprint lost this contract to Ecourier.’

Full Story

Littleton Chambers, 9th December 2019

Source: www.littletonchambers.com

Out-of-hours Administration Appointments: The SAGA continues – Guildhall Chambers

Posted December 10th, 2019 in administrators, insolvency, news, notification, service by sally

‘It is now more than 17 years since the Enterprise Act 2002 was enacted with the laudable aim of streamlining the administration procedure, resulting in the introduction of the out-of-court administration regime set out in Schedule B1 to the Insolvency Act 1986 (“the Act”).’

Full Story

Guildhall Chambers, 2nd December 2019

Source: www.guildhallchambers.co.uk

No oral modification clauses after Rock Advertising: Some property law difficulties – Wilberforce Chambers

Posted December 10th, 2019 in contracts, drafting, estoppel, news by sally

‘“No Oral Modification” clauses (“NOMs”) are regularly found in the boilerplate clauses towards the back of contracts. They are designed, and included, to try to impose some formality on future changes to the contractual arrangement between the parties. But does this work, and, if so, how? The conceptual difficulty with such clauses has been around for centuries.’

Full Story

Wilberforce Chambers, 5th December 2019

Source: www.wilberforce.co.uk

Account freezing orders: at what cost? – Doughty Street Chambers

Posted December 10th, 2019 in banking, forfeiture, news, proceeds of crime by sally

‘Last week, the National Crime Agency deployed account freezing orders to secure £190 million held in the UK. Malik Riaz, a property developer and one of the biggest employers in Pakistan, reportedly agreed to pay £190 million in order to conclude an investigation into the funds[1]. The agreement followed the obtaining, in August 2019, of eight account freezing orders at Westminster City Magistrates’ Court in connection with funds held in the UK totalling around £120 million (the final settlement includes a UK property valued at £50 million). The assets are to be returned to the State of Pakistan.’

Full Story

Doughty Street Chambers, 10th December 2019

Source: insights.doughtystreet.co.uk

s.103A and concealed reasons; Royal Mail v. Jhuti [2019] UKSC 55 – Parklane Plowden Chambers

‘The Supreme Court has confirmed that a Tribunal may find that the reason for the dismissal is something other than that given to the employee by the decision-maker – even where that reason is genuinely held by the decision maker; Royal Mail Group Ltd v. Jhuti [2019] UKSC 55 (“Jhuti”).’

Full Story

Parklane Plowden, 9th December 2019

Source: www.parklaneplowden.co.uk

Automatic Unfair Dismissal: Can the reason for the dismissal be other than that given to the employee by the decision-maker? – Pallant Chambers

‘The question for the Supreme Court in Royal Mail Group Limited v Jhuti [2019] UKSC 55 was whether in a claim for unfair dismissal can the reason for the dismissal be other than that given to the employee by the decision-maker?’

Full Story

Pallant Chambers, 5th December 2019

Source: www.pallantchambers.co.uk

Extradition and International update: December 2019 – 5SAH

Posted December 10th, 2019 in EC law, extradition, news, transfer of prisoners, warrants by sally

‘The newsletter features the following articles:

Natasha Draycott:Transfer of sentence from the UK;
Gemma Rose: Provides a case law update on the Public Prosecutor – A ‘judicial authority’?
Louisa Collins: Westminster Rejects Extradition to Nigeria.
Ben Keith & Louisa Collins: 5SAH EXTRADITION: An Introduction for Chambers and Partners.’

Full Story

5SAH, December 2019

Source: 5sah.cmail19.com

Section 4 Inheritance (Provision for Family and Dependants) Act 1975: Standstill Agreements – Becket Chambers

Posted December 10th, 2019 in news, stay of proceedings, time limits, trusts, wills by sally

‘Earlier this year the conflicting authorities of Bhusate v Patel [2019] EWHC 470 (Ch) and Cowan v Foreman and others [2019] EWHC 349 (Fam) cast doubt on the use of standstill agreements in respect of claims intended to be brought under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”). Following the determination of the appeal in the latter case that uncertainty has to a large extent been resolved.’

Full Story

Becket Chambers, 4th December 2019

Source: becket-chambers.co.uk

Home office admits unlawful detention of mentally ill man – Garden Court Chambers

‘The Home Office has yet again had to concede a legal challenge to the lawfulness of prolonged immigration detention of a mentally ill and highly vulnerable man by agreeing to regularise his status and pay £100,000 in compensation in a settlement agreed by the High Court today in a test case.’

Full Story

Garden Court Chambers, 5th December 2019

Source: www.gardencourtchambers.co.uk

Fraudulent Calumny: Poison in the Ear – Family Law

Posted December 10th, 2019 in misrepresentation, news, undue influence, wills by sally

‘Fraudulent calumny is a mouthful. It is therefore all the more surprising when I hear it come out of the mouths of lay clients when I first speak to them. Three years ago “fraudulent calumny” was at the back of practitioners’ minds; I certainly would not have heard it from clients. We may have been talking about similar facts but those discussions would always have been about undue influence and pressure on the testator (usually, to the caller’s detriment). Recently, however, something has changed, and we have seen a real growth in discussions around fraud in the creation of wills.’

Full Story

Family Law, 10th December 2019

Source: www.familylaw.co.uk

Taxation of personal service companies and the construction sector: what is changing and who will be affected? – Practical Law Construction Blog

Posted December 10th, 2019 in construction industry, contracting out, news, taxation by sally

‘2020 is looking to be a year in which the tax burden of companies operating in the UK construction sector is likely to increase. This is due, first, to the delayed implementation of the VAT reverse charge (now 1 October 2020) and secondly, to major changes in the UK tax treatment of off-payroll workers. In this blog we discuss the implications of the changes to the off-payroll working rules (commonly known as “IR35”) and the steps companies affected by these changes can take.’

Full Story

Practical Law Construction Blog, 10th December 2019

Source: constructionblog.practicallaw.com

Misconduct accusation rejected despite claim value rising by £20k – Law Society’s Gazette

Posted December 10th, 2019 in costs, news, personal injuries, small claims, solicitors, valuation by sally

‘The High Court has allowed a claimant to recover costs outside the personal injury protocol after they upped the value of the claim from £5,000 to more than £25,000. In the process, a deputy master rejected the defendant’s application that claimant solicitors effectively misled the court about the claim’s true value.’

Full Story

Law Society's Gazette, 10th December 2019

Source: www.lawgazette.co.uk

In search of local justice – New Law Journal

Posted December 10th, 2019 in law centres, news by sally

‘Keith Wilding explains the difference Law Centres make to individual lives.’

Full Story

New Law Journal, 5th December 2019

Source: www.newlawjournal.co.uk

Legal sector to shed thousands of jobs in coming years – Legal Futures

Posted December 10th, 2019 in employment, law firms, legal services, news by sally

‘The legal services sector is to shed 13,000 jobs in the decade to 2027 – with a further 22,000 at risk if technology brings radical change to the workforce, research for the Law Society has predicted.’

Full Story

Legal Futures, 10th December 2019

Source: www.legalfutures.co.uk

Welcome to the jungle – New Law Journal

Posted December 10th, 2019 in media, misuse of private information, news, privacy by sally

‘I’m a celebrity, but don’t get my private information out of here! Jeremy Clarke-Williams & Nilly Tabatabai report (Pt 1).’

Full Story

New Law Journal, 5th December 2019

Source: www.newlawjournal.co.uk

Falklands war veteran wins apology over LGBT ban – The Guardian

Posted December 10th, 2019 in armed forces, homosexuality, news, sexual orientation discrimination by sally

‘A British Falklands war veteran has been given his medals back and received an apology from the Ministry of Defence after being forced out of the navy over his sexuality.’

Full Story

The Guardian, 10th December 2019

Source: www.theguardian.com

Solicitor rebuked for issuing cheque that bounced – Legal Futures

Posted December 10th, 2019 in cheques, fines, news, solicitors, Solicitors Regulation Authority by sally

‘A solicitor has been sanctioned for sending a client a cheque for his damages which bounced.’

Full Story

Legal Futures, 10th December 2019

Source: www.legalfutures.co.uk

Adoption and race discrimination: Mander – Law & Religion UK

Posted December 10th, 2019 in adoption, human rights, news, race discrimination, Sikhism by sally

‘Sandeep and Reena Mander are of Sikh heritage and were born and brought up in the UK. They identify as part of the wider Sikh community but are not religious:

“They go to Temple a few times a year much as, they say, some of their non-practising Christian friends go to church at Christmas or Easter. They consider themselves culturally British, whilst acknowledging their Indian heritage”.’

Full Story

Law & Religion UK, 10th December 2019

Source: www.lawandreligionuk.com

“Disproportionate” to strike out claim for late payment of court fees – Litigation Futures

Posted December 10th, 2019 in fees, news, striking out, time limits by sally

‘Striking out a £120,000 claim for late payment of court fees was disproportionate and the claimant was entitled to relief from sanctions, the High Court has ruled.’

Full Story

Litigation Futures, 10th December 2019

Source: www.litigationfutures.com

Campaigners threaten UK parties with legal action over data processing – The Guardian

Posted December 10th, 2019 in data protection, elections, news, political parties by sally

‘A data rights group has threatened legal action against the Conservatives, Labour and the Liberal Democrats over the parties’ use of personal data ahead of Thursday’s election.’

Full Story

The Guardian, 9th December 2019

Source: www.theguardian.com