chambers articles – Page 70 – Current Awareness

Employee monitoring and surveillance: Barclays calls ‘time’ on its time-tracking of employees – The 36 Group

Posted March 27th, 2020 in banking, chambers articles, contract of employment, electronic monitoring, employment, news by sally

‘Employee monitoring and surveillance can be a thorny issue. Some monitoring of employee activity may be required for reasons of security or to protect an employer’s resources from abuse. However, while an employer may justify a monitoring measure on the basis of economic imperative, it could also be viewed by its employees, the public or the courts as unjustified snooping.’

The 36 Group, 12th March 2020

Source: 36group.co.uk

Multiple failures contributed to death of Dean George at HMP Swansea – Garden Court Chambers

Posted March 27th, 2020 in chambers articles, death in custody, inquests, news, prisons, suicide by sally

‘The inquest into the self-inflicted death of Dean George in HMP Swansea concluded yesterday, with the jury identifying multiple critical failures that contributed to his death on 10 April 2016.’

Garden Court Chambers, 17th March 2020

Source: www.gardencourtchambers.co.uk

Re: ACC & Ors [2020] EWCOP 9 – 3PB

Posted March 26th, 2020 in chambers articles, conflict of interest, Court of Protection, law firms, news by sally

‘The case concerned the conflicts of interests that may arise where property and affairs
deputies employed by a law firm instruct that firm to carry out instructions for P, or to
conduct litigation on P’s behalf.’

3PB, 10th March 2020

Source: www.3pb.co.uk

The Court of Appeal reviews the right to silence in cases of contempt – Doughty Street Chambers

Posted March 26th, 2020 in appeals, chambers articles, contempt of court, news, notification by sally

‘The Court of Appeal today [17 March] handed down judgment in Andreewitch v Moutreuil [2020] EWCA Civ 382. The courts have long since recognised the “absolute right of a person accused of contempt to remain silent” (Comet v Hawkex [1971] 2 QB 67). The Andreewitch judgment establishes that a judge must warn alleged contemnors of that right before they give oral evidence.’

Doughty Street Chambers, 17th March 2020

Source: insights.doughtystreet.co.uk

Illegality and separating a PD from an underlying dispute – 3PB

Posted March 26th, 2020 in chambers articles, contract of employment, disclosure, employment, employment tribunals, illegality, news, remuneration, unfair dismissal, whistleblowers by sally

‘Tracey Robinson (‘C’) was hired by Mr Cathcart on behalf of the Crown Prince Ras-alKhaimah (‘the Sheikh’) in 2007 to carry out a number of duties including looking after the Sheikh’s children and properties in the UK. The contract clearly stipulated that C was responsible for paying her own tax.’

3PB, 2nd March 2020

Source: www.3pb.co.uk

An Introduction to Cryptocurrency – New Square Chambers

Posted March 25th, 2020 in chambers articles, cryptocurrencies, duty of care, financial regulation, news, taxation, trusts by sally

‘The first thing to say is that you should learn as much about holding and transacting with cryptocurrencies as you have time for.’

New Square Chambers, March 2020

Source: www.newsquarechambers.co.uk

Quarterly Medical Law Review – One Crown Office Row

Posted March 25th, 2020 in chambers articles, health, immigration, judicial review, negligence, news by sally

‘This quarterly publication aims to provide summaries and comment on recent cases in medical law, including clinical negligence, regulatory, and inquests.’

One Crown Office Row, 17th March 2020

Source: www.1cor.com

Patient confidentiality – to breach or not to breach? – No. 5 Chambers

Posted March 25th, 2020 in chambers articles, confidentiality, damages, doctors, duty of care, families, health, human rights, negligence, news, pregnancy, psychiatric damage, third parties by sally

‘In 2007 C’s father (XX) killed his wife, C’s mother. He was made the subject of a hospital order. He was treated by D1’s multidisciplinary team. In 2009 his care was transferred to Dr O, a consultant forensic psychiatrist. C took part in family therapy sessions through D2. There was a suspicion that XX had Huntington’s disease but he refused to undergo genetic testing. He did not want C or her sister to know. His patient confidentiality was respected by D1 and D2. About this time C became pregnant. In 2013 C tested positive for Huntington’s. C was accidentally informed that XX had tested positive.’

No. 5 Chambers, 10th March 2020

Source: www.no5.com

Whistle-blowers Beware: Just because there is a PD doesn’t necessarily mean that the employer can’t respond (and damage your reputation) in order to ‘set the record straight’ – 3PB

Posted March 25th, 2020 in appeals, causation, chambers articles, disclosure, doctors, employment, employment tribunals, hospitals, news, whistleblowers by sally

‘Edwin Jesudason (‘C’), was a paediatric surgeon who was an honorary consultant working in the Department of Paediatric Surgery (‘DPS’) in the respondent NHS trust from 2006 until he resigned in 2012. Between 2009 and 2014 he made a series of allegations to the Trust, regulatory bodies and the media where he alleged fundamental failings in the operation of the DPS including serious allegations of professional incompetence, use of improper medical practices, attempts to cover up wrongdoing and in some cases he named and criticised specific individuals.’

3PB, 2nd March 2020

Source: www.3pb.co.uk

When will the insolvency court review, rescind or vary any order made by it? (Discovery (Northampton) Ltd and other companies v Debenhams Retail Ltd and others) – Radcliffe Chambers

Posted March 25th, 2020 in chambers articles, insolvency, jurisdiction, news by sally

‘This article analyses the latest decision in the challenge to the company voluntary arrangement (CVA) entered into by Debenhams Retail Ltd (Debenhams) in 2019. Southampton Estates Ltd (Southampton) sought, pursuant to rule 12.59 of the Insolvency Rules 2016 (IR 2016), SI 2016/1024, that Sir Alastair Norris, sitting as a High Court judge, review and vary his earlier decision that the Debenhams CVA was valid and enforceable. Written by Kate Rogers, barrister, at Radcliffe Chambers.’

Radcliffe Chambers, 2nd March 2020

Source: radcliffechambers.com

MS (Pakistan) v Secretary of State for the Home Department – Blackstone Chambers

Posted March 24th, 2020 in appeals, chambers articles, government departments, human rights, immigration, news, Supreme Court, trafficking in human beings, victims by sally

‘The Supreme Court has today [18 March] handed down an important judgment in the area of human trafficking and modern slavery.’

Blackstone Chambers, 18th March 2020

Source: www.blackstonechambers.com

Whistle-blowers Beware: Just because there is a PD doesn’t necessarily mean that the employer can’t respond (and damage your reputation) in order to ‘set the record straight’ – 3PB

Posted March 24th, 2020 in appeals, chambers articles, disclosure, doctors, employment, employment tribunals, hospitals, news, whistleblowers by sally

‘Edwin Jesudason (‘C’), was a paediatric surgeon who was an honorary consultant working in the Department of Paediatric Surgery (‘DPS’) in the respondent NHS trust from 2006 until he resigned in 2012. Between 2009 and 2014 he made a series of allegations to the Trust, regulatory bodies and the media where he alleged fundamental failings in the operation of the DPS including serious allegations of professional incompetence, use of improper medical practices, attempts to cover up wrongdoing and in some cases he named and criticised specific individuals.’

3PB, 2nd March 2020

Source: www.3pb.co.uk

Third party costs order for medical expert deemed ‘not generally competent as an expert’: Thimmaya v Lancashire NHS Foundation Trust – Parklane Plowden

Posted March 24th, 2020 in chambers articles, costs, expert witnesses, news, third parties by sally

‘Sitting at Manchester County Court, HHJ Evans took the path less trodden and ordered a consultant spinal surgeon, acting as the Claimant’s expert witness in clinical negligence proceedings, to pay £88,800 to cover the costs wasted as a result of his input.’

Parklane Plowden, 4th March 2020

Source: www.parklaneplowden.co.uk

Counterfactual defences to unjust enrichment restricted in Woolwich restitution claims (Vodafone Ltd & Ors v The Office of Communications) – New Square Chambers

Posted March 24th, 2020 in appeals, chambers articles, news, restitution by sally

‘The Court of Appeal considered the application of counterfactual arguments to unjust enrichment claims based upon the principle in Woolwich Equitable Building Society v Inland Revenue Commissioners [1993] AC 70. The decision affirms the primacy of the principle of lawful authority and limits the scope for public authorities to rely upon hypothetical decision making to curtail restitution. Written by James Saunders, barrister at New Square Chambers.’

New Square Chambers, 21st February 2020

Source: www.newsquarechambers.co.uk

False imprisonment: common ground? – No. 5 Chambers

Posted March 24th, 2020 in appeals, chambers articles, compensation, detention, false imprisonment, news, Supreme Court by sally

‘On 12 February 2020 Lady Hale delivered the unanimous judgment of the Supreme Court in R (Jalloh) v Secretary of State for the Home Department [2010] UKSC 4.’

No. 5 Chambers, 16th March 2020

Source: www.no5.com

McNeil v HMRC- Old Square Chambers

Posted March 24th, 2020 in appeals, chambers articles, employment, employment tribunals, news, sex discrimination, women by sally

‘This case concerned an equal pay claim brought by several women employed by HMRC. The pay system implemented by HMRC in respect of the claimants was one which employees moved through the pay band for their grade, from a fixed minimum up to a fixed maximum, by different amounts each year, without any fixed increments but with the amount of any increase depending on the pay award for the particular year. As a result of the way this system operated, one factor relevant to where an employee was within the band, was length of service: the longer an employee had been employed in the band, the more opportunities s/he would have had to move up towards the maximum.’

Old Square Chambers, 12th March 2020

Source: www.oldsquare.co.uk

Inducing Breach of Contract: – Reliance on Legal Advice Saves the Day in Court of Appeal – Littleton Chambers

Posted March 24th, 2020 in appeals, chambers articles, contracts, covenants, enforcement, legal services, news by sally

‘In an important decision yesterday (27 February), Allen v Dodd & Co Limited [2020] EWCA Civ 258, the Court of Appeal held that if a person believes their conduct will probably not result in a breach of a contract they will not be liable for inducing a breach even if: (a) they knew there was a risk of breach; and (b) the court subsequently finds such a breach.’

Littleton Chambers, 28th February 2020

Source: www.littletonchambers.com

Landmark Supreme Court judgment on state obligations under Article 4 ECHR to identify & protect victims of trafficking – Garden Court Chambers

Posted March 24th, 2020 in appeals, chambers articles, human rights, immigration, news, Supreme Court, trafficking in human beings, victims by sally

‘The Supreme Court has issued a landmark judgment regarding the scope of positive obligations of the state under Article 4 ECHR, to identify victims of trafficking and afford them protection, including immigration status, for their safety and recovery.’

Garden Court Chambers, 18th March 2020

Source: www.gardencourtchambers.co.uk

Upper Tribunal rules that a British child living with her mother in the UK will not be entitled to Disability Living Allowance if her father is living and working in another EU State – Garden Court Chambers

Posted March 24th, 2020 in benefits, chambers articles, children, disabled persons, EC law, families, news, tribunals by sally

‘In AH v Secretary of State for Work and Pensions [2020] UKUT 53 (AAC), the claimant and her parents are British citizens. The parents separated in 2011 but are not divorced. The father moved to live and work in Belgium. In October 2013, the Claimant (the daughter) claimed Disability Living Allowance (DLA) when she was four years old. The care component was awarded at the middle rate, but the award was later removed when the Department for Work and Pensions (DWP) became aware that the claimant’s father was living and working in Belgium.’

Garden Court Chambers, March 2020

Source: www.gardencourtchambers.co.uk

Can a one-off decision amount to a PCP? Generally not, unless it can be shown that the decision, act or omission relied upon would be the same in a similar situation, says the Court of Appeal in Ishola v Transport for London [2020] EWCA Civ 112 – 3PB

Posted March 24th, 2020 in appeals, chambers articles, employment, employment tribunals, equality, news, unfair dismissal by sally

‘Mr Ishola was employed by the respondent (TfL) as a customer services administrator. He was at all material times a disabled person suffering with depression and migraines. He raised a grievance about the conduct of a colleague in April 2015 which was not upheld, shortly after which he went on long-term sick leave. The sickness absence was managed by the respondent through a process of referrals to occupational health doctors and management review meetings. Ms Bhaimia was appointed as the “People Management Adviser” (or PMA) responsible for dealing with the claimant. The task of managing his absence on sick leave was given to Mr Walters.’

3PB, 2nd March 2020

Source: www.3pb.co.uk

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