Author: sally

Britain’s New Tipping Act: A Promising Path for the Regulation of Service Work – by Einat Albin – UK Labour Law

Posted November 22nd, 2024 in codes of practice, employment, news, remuneration by sally

‘On October 1, 2024, the newly adopted Employment (Allocation of Tips) Act 2023 (hereinafter: the Tipping Act), came into force, accompanied by a Code of Practice on the fair and transparent distribution of tips (hereinafter: the Code), issued by the Department for Business & Trade (hereinafter: DBT). According to the DBT, the purpose of the Tipping Act is “to ensure the fair and transparent allocation of all tips, gratuities, and service charges.” Its desired outcome is “to improve fairness for workers by ensuring that the tips consumers leave in recognition of good service and hard work are going to the workers as intended.”’

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UK Labour Law, 21st November 2024

Source: uklabourlawblog.com

Cheshire West revisited: deprivation of liberty and children – UK Human Rights Blog

Posted November 22nd, 2024 in children, deprivation of liberty safeguards, disabled persons, families, family courts, human rights, learning difficulties, local government, news, Supreme Court by sally

‘Ten years on from Cheshire West [2014] UKSC 19 (covered on this blog at the time), the seminal decision on deprivation of liberty by the Supreme Court, the Family Court faces an ever-increasing number of applications for deprivation of liberty orders for children. Two recent decisions from Mrs Justice Lieven, Peterborough City Council v SM [2024] EWHC 493 (Fam) and Re J [2024] EWHC 1690 (Fam), could curb this trend. But while these decisions emanate from the Family Court, their reasoning may be of broader interest and could prompt wider questions about Article 5 ECHR and what constitutes a deprivation of liberty.’

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UK Human Rights Blog, 22nd November 2024

Source: ukhumanrightsblog.com

What Are The Major Policing Reforms? – Each Other

Posted November 22nd, 2024 in criminal justice, domestic violence, government departments, news, police, victims by sally

‘Home Secretary, Yvette Cooper, announced plans for major policing reforms yesterday at the National Police Chiefs’ Council and Association of Police and Crime Commissioners’ annual conference.’

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Each Other, 21st November 2024

Source: eachother.org.uk

A Beginner’s Guide to Extradition – Law Pod UK

Posted November 22nd, 2024 in appeals, extradition, news, podcasts, Supreme Court by sally

‘Benjamin Seifert of 1 Crown Office Row joins Lucy McCann to introduce our listeners to extradition law: the statutory framework that governs extradition, the procedure, the types of challenges raised when resisting extradition and recent developments in extradition law in the UK Supreme Court.’

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Law Pod UK, 22nd November 2024

Source: audioboom.com

Widow of gambling addict lambasts watchdog’s failure to investigate suicides – The Guardian

Posted November 22nd, 2024 in bereavement, gambling, inquests, mental health, news, ombudsmen, suicide by sally

‘The widow of a man who took his own life after becoming addicted to gambling says more people will die because the regulator is refusing to investigate suicides linked to the addiction.’

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The Guardian, 21st November 2024

Source: www.theguardian.com

Balancing heritage and necessity: Consistory Court jurisdiction in managing churchyard trees – Law & Religion UK

Posted November 22nd, 2024 in Church of England, faculties, news, planning, trees by sally

‘The human race has always had an emotional attachment to trees. Trees live so much longer than a human lifespan that we imagine, perhaps sentimentally and fancifully, that they probably knew our ancestors and witnessed significant historical events. Certain familiar trees have become particular objects of affection. The wanton felling of the Gap Sycamore tree caused national outrage.’

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Law & Religion UK, 22nd November 2024

Source: lawandreligionuk.com

Assisted dying – a tale of three Bills – Mental Capacity Law and Policy

Posted November 22nd, 2024 in assisted suicide, bills, news, parliament, suicide by sally

‘During the pandemic, everyone had a crash course in constitutional theory, learning what was law and what was merely guidance when it came to what they could and could not do inside and outside their homes. In similar vein, people are now having a crash course in what Private Members’ Bills are, thanks to the introduction of Kim Leadbeater MP’s Terminally Ill Adults (End of Life) Bill. Social media is now full of extensive discussions about precisely what such Bills are, what level of scrutiny they give rise to, what prospects there are for amending them, and what the role of the House of Lords is in relation to such Bills. It can be somewhat bewildering, but some might find this from the Institute for Government quite helpful.’

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Mental Capacity Law and Policy, 22nd November 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Whiplash tariff set to rise 15% as Mahmood finally publishes review – Legal Futures

Posted November 22nd, 2024 in accidents, compensation, lord chancellor, Ministry of Justice, news, personal injuries, road traffic by sally

‘The whiplash tariff is set to increase by around 15%, the government announced yesterday, reflecting inflation since it was introduced in 2021 and including a ‘buffer’ to take account of predicted inflation until the next review in 2027.’

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Legal Futures, 22nd November 2024

Source: www.legalfutures.co.uk

Slapps used to silence whistleblowers should be outlawed, says group of MPs – The Guardian

Posted November 22nd, 2024 in defamation, disclosure, employment, freedom of expression, media, news, postal service, public interest, whistleblowers by sally

‘Excessive legal threats used to silence those who tried to expose the Post Office Horizon scandal and allegations against Mohamed Al Fayed should be outlawed, a cross-party group of MPs have said.’

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The Guardian, 21st November 2024

Source: www.theguardian.com

An update on the law of infanticide: a review of cases over the past 20 years by the Cambridge Pro-Bono Project – Doughty Street Chambers

Posted November 21st, 2024 in birth, causing death of children or vulnerable adults, chambers articles, concealing birth, defences, infanticide, mental health, murder, news by sally

‘Under Section 1(1) of the Infanticide Act 1938 a woman may be charged with infanticide or raise it as a defence to murder under Section 1(2). It is a significant piece of legislation that can only be committed by a woman against her biological child which must be under 12 months old, and arises in circumstances where she is accused of causing the death of the infant by wilful act or omission at a time when the “the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child.”’

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Doughty Street Chambers, 11th October 2024

Source: insights.doughtystreet.co.uk

Francesca Jackson: What Does the Debate Over Slavery Reparations Tell Us About the Cardinal Convention, Soft Power and the Public Service Monarchy? – UK Constitutional Law Association

Posted November 21st, 2024 in colonies, compensation, constitutional law, Crown, news, prerogative powers by sally

‘There is a good reason why the constitutional convention requiring the monarch to exercise his prerogative powers on the advice of his government is known as the “Cardinal Convention”: it is ‘the most fundamental’ constitutional convention relating to the monarchy – something King Charles is finding out when it comes to slavery reparations.’

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UK Constitutional Law Association, 21st November 2024

Source: ukconstitutionallaw.org

MPs to summon Elon Musk to testify about X’s role in UK summer riots – The Guardian

Posted November 21st, 2024 in inquiries, internet, news, parliament, violent disorder by sally

‘MPs are to summon Elon Musk to testify about X’s role in spreading disinformation, in a parliamentary inquiry into the UK riots and the rise of false and harmful AI content, the Guardian has learned.’

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The Guardian, 20th November 2024

Source: www.theguardian.com

The strange afterlife of blasphemy – Law & Religion UK

Posted November 21st, 2024 in advertising, blasphemy, codes of practice, freedom of expression, human rights, news by sally

‘The criminal offence of blasphemy is dead. It was unceremoniously abolished by section 79(1) of the Criminal Justice and Immigration Act 2008. My colleague Norman Doe and I wrote a piece entitled ‘The Strange Death of Blasphemy’, which looked at events leading up to its abolition. The offence is now long dead.’

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Law & Religion UK, 21st November 2024

Source: lawandreligionuk.com

The Supreme Court prioritises substance over form in protecting the welfare of children in an immigration context. Explicit reference to guidance is neither sufficient nor necessary – UK Human Rights Blog

Posted November 15th, 2024 in appeals, children, families, female genital mutilation, human rights, immigration, news, Supreme Court by sally

‘In their co-authored judgment, Lord Sales and Dame Siobhan Keegan provide a rich analysis of how the courts should consider the welfare of children in an immigration context. In doing so, they clarify the meaning and effect of Section 55 of the Borders, Citizenship and Immigration Act 2009 (“Section 55”) and its interaction with Article 8 of the European Convention on Human Rights (“Article 8”). The judgment provides a guide for how the appellate courts should assess decision-making by the Secretary of State, her officials, and the First-tier Tribunal.’

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UK Human Rights Blog, 15th November 2024

Source: ukhumanrightsblog.com

Privilege series part 1: Privilege in shareholder disputes – is change afoot? – Kingsley Napley Immigration Blog

Posted November 15th, 2024 in chambers articles, dispute resolution, news, privilege, shareholders by sally

‘For over a century, it has been a well-established rule that a company cannot claim legal privilege against its own shareholders (Woodhouse & Co. Ltd v Woodhouse). This grants shareholders the right to access legal advice obtained by the company concerning its affairs. However, there is a recognised exception to this rule: if the legal advice pertains to actual or anticipated litigation between the company and the shareholder, the company can claim privilege.’

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Kingsley Napley Immigration Blog, 14th November 2024

Source: www.kingsleynapley.co.uk

Some issues in the law of adverse possession: The problem of multiple squatters – Falcon Chambers

Posted November 15th, 2024 in adverse possession, chambers articles, news, squatting by sally

‘Exclusive possession, we are told, is single and indivisible. The mere fact of possession (as opposed to a vested right to possess in the form of a fee simple or a lease) generates a title in English law generates a form of title which can be vindicated in the English courts against anyone with a relatively weaker title: Asher v Whitlock (1865) L.R. 1 Q.B. 1, which has in recent times (somewhat controversially) been extended to licensees whose interests amount to something less than an estate in land but whose cumulative rights look like possession: Manchester Airport v Dutton [2000] 1 Q.B. 133.’

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Falcon Chambers, 31st October 2024

Source: www.falcon-chambers.com

Campaigners eye second legal challenge over traffic regulation order – Local Government Lawyer

Posted November 15th, 2024 in local government, news, roads by sally

‘Work is progressing on a bus gate project in Cambridge despite campaign group Friends of Mill Road Bridge 2 threatening further legal action over what it said was a decision taken for an improper financial motive.’

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Local Government Lawyer, 13th November 2024

Source: www.localgovernmentlawyer.co.uk

Supreme Court breathes new life into “equitable rectification” – Pensions Barrister

Posted November 15th, 2024 in appeals, employment, employment tribunals, news, pensions, rectification, Supreme Court, trade unions by sally

‘In National Union of Rail, Maritime and Transport Workers v Tyne and Wear Passenger Transport Executive T/A Nexus [2024] UKSC 37, the Supreme Court has handed down an important judgment on the scope of rectification, holding that a collective bargaining agreement can be rectified even though it is not a legally enforceable contract. Of greater relevance for pensions lawyers is the decision that the Employment Tribunal, whilst it does not have the power to make a rectification order, can nevertheless treat a document as having been rectified on the basis of the principle that “equity can treat as done that which ought to have been done”. This has potentially wide-ranging consequences for other statutory tribunals, including the FTT and the Pensions Ombudsman.’

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Pensions Barrister, 14th November 2024

Source: www.pensionsbarrister.com

Andrew Malkinson says he has been ‘left to rot’ after wrongful conviction quashed – The Guardian

Posted November 15th, 2024 in appeals, benefits, compensation, criminal justice, Ministry of Justice, miscarriage of justice, news by sally

‘Andrew Malkinson, who spent 17 years in jail for a crime he did not commit, says the Ministry of Justice has left him “to rot” after telling him he is likely to have to wait months before learning if he is even eligible for compensation.’

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The Guardian, 14th November 2024

Source: www.theguardian.com

Review of litigation funding in England leads to consultation on future regulation – OUT-LAW.com

Posted November 15th, 2024 in civil justice, consultations, news, third parties by sally

‘Businesses with experience of third-party litigation funding (TPF) in England and Wales have the chance to respond to a government-backed consultation and help shape the future regulation of this market.’

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OUT-LAW.com. 14th November 2024

Source: www.pinsentmasons.com