‘In Sash Window Workshop v King theEmployment Appeal Tribunal returned to two of the central controversies in recent holiday pay case-law. Firstly the right to carry annual leave entitlement over from one leave year to the next. Secondly the right to claim back pay for untaken leave in historic leave years, particularly upon the termination of employment.’
Cloisters, 7th December 2014
Source: www.cloisters.com
‘A police crackdown that saw 22 dangerous dogs rounded up and destroyed across Merseyside was “unlawful”, a court has ruled.’
BBC News, 9th December 2014
Source: www.bbc.co.uk
‘Yesterday the Court of Appeal gave a vote of confidence in CICA’s recent policy change on FASD inflicted injuries. The Court concluded that, as a foetus was not ‘any other person’ in the eyes of the criminal law, the mother’s damagingly excessive alcohol consumption was NOT an act of violence susceptible to compensation.
Zenith PI Blog, 9th December 2014
Source: www.zenithpi.wordpress.com
‘New measures to support sufferers of the industrial disease mesothelioma and their families have been announced by Justice Minister Lord Faulks.’
Ministry of Justice, 8th December 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
‘A child born with foetal alcohol syndrome is not legally entitled to compensation after her mother drank excessively while pregnant, the Court of Appeal has ruled.’
BBC News, 4th December 2014
Source: www.bbc.co.uk
‘A number of UK music industry bodies have launched a legal challenge against newly introduced UK rules that enable consumers to make private copies of lawfully acquired copyrighted material without be held as copyright infringers.’
OUT-LAW.com, 27th November 2014
Source: www.out-law.com
‘The judgment of Mr Justice Hickinbottom in Clarke v McDaniel & Co (15 October 2014, unreported) provided a salutary reminder to litigation solicitors of the need to ensure that in their initial discussion with a potential client they advise and explore with the client other sources of funding litigation.’
Hardwicke Chambers, 17th November 2014
Source: www.hardwicke.co.uk
‘The Supreme Court recently gave judgment in the case of AIB Group (UK) Plc v Mark Redler & Co Solicitors [2014] UKSC 58. The decision provides an important treatment of equitable compensation within the wider scheme of remedial rules.’
Littleton Chambers, 26th November 2014
Source: www.littletonchambers.com
‘Chris Pamplin looks at recent moves by the Ministry of Justice to control the whiplash claims industry & MROs.’
New Law Journal, 14th November 2014
Source: www.newlawjournal.co.uk
‘The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) have provided a wide range of case law since they came into force. Decisions have often been focused on issues such as what constitutes a relevant transfer or the effect ofinsolvency on a transfer. However, there has been surprisingly little case law which deals with the Regulation 13 TUPE duty to inform and consult and the Regulation 15 TUPE claim to a tribunal for a failure to inform and consult.’
Full story (PDF)
Tanfield Chambers, 16th October 2014
Source: www.tanfieldchambers.co.uk
‘Defendants in asbestos-related claims should be careful to ensure that compensation paid under the Pneumoconiosis (Workers Compensation) Act 1979 (“the Act”) is properly deducted from a claimant’s damages, before an order for damages is made against them.’
Zenith PI Blog, 13th November 2014
Source: www.zenithpi.wordpress.com
‘The Ministry of Justice (MoJ) has admitted that the new rules for whiplash claims, introduced on 1 October this year, “could in practice lead to some misunderstanding” and may have to be amended.’
Litigation Futures, 14th November 2014
Source: www.litigationfutures.com
‘Lenders can only be compensated for actual losses that stem from a breach of trust in commercial transactions, the Supreme Court has confirmed.’
OUT-LAW.com, 11th November 2014
Source: www.out-law.com
‘The Solicitors Compensation Fund could be hit by a new wave of property claims after a High Court ruling on two test cases relating to a buy-to-let scheme.’
Legal Futures, 7th November 2014
Source: www.legalfutures.co.uk
‘The Manchester County Court’s designated District Judges for Cancer Asbestos and Terminal Illness (“CAT”) cases apply from the outset the Mesothelioma Claims Practice Direction to all asbestos-related claims, irrespective of whether they involve mesothelioma: and this appeal judgment supports this practice.’
Zenith PI Blog, 5th November 2014
Source: www.zenithpi.wordpress.com
‘A woman has been banned from owning animals for life after her dog mauled her pregnant friend, tearing off part of her lip and almost killing her.’
BBC News, 5th November 2014
Source: www.bbc.co.uk
AIB Group (UK) Plc (Appellant) v Mark Redler & Co Solicitors (Respondent) [2014] UKSC 58 (YouTube)
Supreme Court, 5th November 2014
‘A charitable trust has launched an Appeal Court challenge over the compensation scheme for people who say they were abused by Jimmy Savile.’
BBC News, 4th November 2014
Source: www.bbc.co.uk
‘The government’s modern slavery bill is a “lost opportunity,” the home secretary’s former special envoy for human trafficking has warned. Anthony Steen, who advised on the legislation and chairs the Human Trafficking Foundation, said the bill, which will be debated in parliament on Tuesday for its third reading, had “yawning gaps”, and failed to focus on the needs of victims of trafficking in the UK.’
The Guardian, 3rd November 2014
Source: www.guardian.co.uk
‘The High Court has ruled that in a case against the state which did not directly affect the liberty of the subject, there was no irreducible minimum of disclosure of the state’s case which the court would require. The consequences of such disclosure for national security prevailed.’
UK Human Rights Blog, 27th October 2014
Source: www.ukhumanrightsblog.com
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