Man jailed for beating and using cleaning products on dog – BBC News
‘A man who beat his pet American bulldog and used household cleaning products on her has been jailed for four months.’
BBC News, 17th January 2020
Source: www.bbc.co.uk
Author: sally
Rotherham child sex abuse victim ‘vindicated’ – BBC News
‘A survivor of sexual abuse in Rotherham has told the BBC she feels “vindicated” by a watchdog’s investigation that found South Yorkshire Police did not do enough to protect her.’
BBC News, 18th January 2020
Source: www.bbc.co.uk
Rail franchise bid case starts in high court – The Guardian
‘A high court battle pitting rail operators against the government is due to start on Monday, with Stagecoach and others seeking tens of millions of pounds in compensation in a case that could have far-reaching implications for the privatised rail system.’
The Guardian, 19th January 2020
Source: www.theguardian.com
Divorcee sues top law firm after taking out ‘crippling’ loan to pay for legal fight with husband – Daily Telegraph
‘A businesswoman who wrongly believed she would win a substantial divorce settlement from her wealthy husband is suing a top law firm after taking out a crippling loan to pay their fees.’
Daily Telegraph, 18th January 2020
Source: www.telegraph.co.uk
Post Office ‘assisting’ review of postmasters’ convictions – BBC News
‘The Post Office says it is ”assisting the Criminal Cases Review Commission to the fullest extent” with inquiries into cases of postmasters convicted of theft and fraud.’
BBC News, 19th January 2020
Source: www.bbc.co.uk
Environmental Law News Update – Six Pump Court
‘In this latest Environmental Law News Update, Charles Morgan, Gordon Wignall and Mark Davies consider the Wellbeing of Future Generations Bill, the Dutch Supreme Court’s ruling in the Urgenda litigation and the role of local authorities in climate change and nuisance law.’
Six Pump Court, 15th January 2020
Source: www.6pumpcourt.co.uk
Gareth Price reviews the need for a detriment to take place within the “employment field”. – Parklane Plowden Chambers
‘The Court of Appeal has considered an interesting argument regarding an employee who, ostensibly, made protected disclosures and allegedly suffered detriments as a result – but may not have done so within the ‘employment field’; Tiplady v. City of Bradford Metropolitan District Council [2019] EWCA Civ 2180.’
Parklane Plowden Chambers, 14th January 2020
Source: www.parklaneplowden.co.uk
Ethical Veganism as a Protected Characteristic – St John’s Building
‘An employment tribunal has ruled that ethical veganism is a philosophical belief that is protected by law against discrimination. In Jordi Casamitjana v the League Against Cruel Sports (LACS) JC complains of unfair dismissal having raised concerns with colleagues that its pension fund invested in companies involved in animal testing. The charity did not contest that ethical veganism should be protected but will argue at trial that JC was dismissed for gross misconduct.’
St John's Buildings, 9th January 2020
Source: stjohnsbuildings.com
Lifting the automatic suspension in procurement claims (Alstom v Network Rail) – Henderson Chambers
‘The court provided a closely reasoned judgment granting Network Rail’s application to lift the automatic suspension which arose on issue of a procurement challenge by Alstom pursuant to Regulation 110 of the Utilities Contracts Regulations 2016 (SI 2016/274). The court’s approach and the principles that it employed are likely to be equally applicable to an application to lift the automatic suspension under the Public Contracts Regulations 2015 (SI 2015/102). As the court found that damages would be an adequate remedy for Alstom but not an adequate remedy for Network Rail, Network Rail’s application was granted. Written by Jonathan Lewis, barrister, at Henderson Chambers.’
Henderson Chambers, 9th January 2020
Source: www.hendersonchambers.co.uk
Trustee Recruitment
Are you passionate about access to justice?
Could you shape future strategy for public legal education?
Public legal education enables people to understand that the problems they encounter in their daily lives may have legal dimensions, and empowers them to resolve problems and secure access to justice. Public legal education is a particularly important tool for reaching people in disadvantaged communities.
Law for Life is the leading public legal education charity in the UK. We strive for social justice by legally empowering individuals and communities. We believe everyone should be equipped with the knowledge, confidence and skills needed to deal with the law-related issues they are likely to encounter in the course of their lives. We run the award-winning Advicenow website, which provides practical resources for individuals and intermediaries on how to deal with life’s legal problems. We provide education and training on housing, welfare and immigration law to community groups, activists, and volunteers and staff of small NGOs. We conduct research with academic institutions into the theory and practice of public legal education and we have grown an international reputation as public legal education experts. As a member of the board you will ultimately be responsible for the overall direction, vision and strategy of Law for Life. We are looking for an inspiring and committed trustee to work alongside the Chair, Board and CEO to ensure sound strategic development.
You will have the ability to innovate and to think strategically, while demonstrating sound judgement. You will help us to move on to the next stage of our important work as a partner in the Litigant in Person Support Strategy and more broadly in developing and delivering public legal education, both at home and
internationally.
We are looking to appoint individuals who share our values and would like to become involved. In particular we would also like to hear from:
• People with digital, media and business experience, in particular ecommerce skills;
• People with experience of managing and delivering adult education services;
• People with experience of income generation and funding development;
• People with knowledge and understanding of disadvantaged communities.
This role is voluntary and unpaid but reasonable expenses will be reimbursed. Trustees are expected to attend approximately six meetings and one away day each year, and the overall time commitment is around one day a month.
If you would like any further information and an application form please email mihaela.rosca@lawforlife.org.uk.
Application also available to download at https://lawforlife.org.uk/blog/law-life-recruiting-new-trustee/ Applications deadline: midnight Wednesday 12th February 2020
High Court judge rejects argument by council that unincorporated association did not have capacity to challenge site allocations plan- Local Government Lawyer
‘An unincorporated association does have capacity to bring both a judicial review and a statutory challenge, a High Court judge has ruled.’
Local Government Lawyer, 15th January 2020
Source: www.localgovernmentlawyer.co.uk
Terminating leases for repudiatory breach – Wilberforce Chambers
‘A repudiatory breach of a contract (or a renunciation) can be a powerful weapon in the hands of the innocent party to the contract – it gives them a choice:
– Affirm the contract – keep it ongoing, sue for specific performance of whatever contractual obligation the other party has breached, and/or claim damages suffered as a result of the breach; or
– Accept the repudiation – bring the contract to an end, discharging both parties from further performance, and claim damages for loss occasioned by the termination.’
Wilberforce Chambers, 8th January 2020
Source: www.wilberforce.co.uk
The right to manage – when procedural slips are non-fatal (Lexham House RTM Company Ltd v European Investments & Development (Properties) Ltd) – Falcon Chambers
‘The case demonstrates that a right-to-manage (RTM) company’s failure to serve a claim notice on a landlord of part of the premises will not amount to non-compliance with CLRA 2002, s 79(6) capable of invalidating the notice where, for all practical purposes, that landlord will not be affected by the RTM company’s assumption of the right to manage.’
Falcon Chambers, 7th January 2020
Source: www.falcon-chambers.com
Insurance claims – Reservation of rights & Late payment by insurers – Where are we now? – 4 New Square
‘Knowing when and how an insurer’s rights should be reserved is a key skill for anyone involved in handling insurance claims. Listen to this podcast to hear Alison Padfield QC’s thoughts on this controversial issue, together with an outline of the new legislation on damages for late payment of claims by insurers – and why she thinks the two topics might be linked.’
4 New Square, 14th January 2020
Source: www.4newsquare.com
One appeal, Two Bakers and Three tries at a fact finding – Transparency Project
‘In D (Fact-finding appeal) [2019] EWCA Civ 2302 (20 December 2019) Lord Justice Baker gives the lead judgment concerning an appeal from His Honour Judge Baker. The upshot is that, the question of the child’s injuries having been the subject of two attempts at fact finding by His Honour Judge Baker (one a re-hearing in light of fresh evidence), the matter will now have to go back to a fresh judge for a third try. The little girl at the heart of the case is now 5 years old, her injuries were sustained two years ago and, as a consequence of the need to restart the fact finding process, her future will likely remain undecided for some months yet. She has been in foster care for 2 years, as has her brother who is briefly mentioned in the judgment.’
Transparency Project, 15th January 2020
Source: www.transparencyproject.org.uk
The High Costs of Failure: Pursue the Claim at Your Peril! – Hardwicke Chambers
‘The First Claimant (“the Owner”) owned a marine vessel damaged by fire at sea. It brought an insurance claim against the Defendants (“the Underwriters”). The Second Claimant, the mortgagee of the vessel (“the Bank”), claimed an indemnity against the Underwriters pursuant to an insurance policy for the constructive total loss of the vessel by piracy.’
Hardwicke Chambers, 8th January 2020
Source: hardwicke.co.uk
Knife or offensive weapon offences at 10-year high in England and Wales – The Guardian
‘The number of knife or offensive weapon offences receiving cautions or convictions in England and Wales has hit a 10-year-high.’
The Guardian, 16th January 2020
Source: www.theguardian.com
Ombudsman criticises council for failing to properly involve complainant in assessment and support planning process – Local Government Lawyer
‘A council significantly delayed completing an assessment of a complainant’s social care needs, failed to complete a support plan before reducing his personal budget and failed to properly involve him in the assessment and support planning process, the Local Government and Social Care Ombudsman has found.’
Local Government Lawyer, 16th January 2020
Source: www.localgovernmentlawyer.co.uk
