Court of Appeal’s judgment in the case of James v Hertsmere Borough Council: What does it mean for jurisdiction of County Court? – Garden Court Chambers

‘Today [2 April] the Court of Appeal handed down judgment in James v Hertsmere Borough Council [2020] EWCA Civ 489. The judgment answered a question that has been troubling homelessness lawyers for several years now: does the County Court have jurisdiction, when hearing homelessness appeals, to consider challenges to councils’ ‘contracting-out’ processes?’

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Garden Court Chambers, 2nd April 2020

Source: www.gardencourtchambers.co.uk

Delimiting Vicarious Liability in the Context of Independent Contractors – 12 King’s Bench Walk

‘The law around vicarious liability has been “on the move” since at least the 2012 landmark decision of the Supreme Court in Various Claimants v Catholic Child Welfare Society [2012] UKSC 56 (the “Christian Brothers case”). However, after years of expansion, the Supreme Court has now held in Barclays Bank plc v Various Claimants [2020] UKSC 13 that liability will not always be imposed for the acts of an independent contractor.’

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12 King's Bench Walk, 3rd April 2020

Source: www.12kbw.co.uk

BAME Workers’ Legal Bid Over ‘Inferior’ Pay And Terms Could Affect Millions – Each Other

‘A “landmark” legal case could determine whether the use of outsourcing firms to employ black and minority ethnic (BAME) workers on “inferior” pay and conditions is discriminatory.’

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Each Other, 21st February 2020

Source: eachother.org.uk

Union To Sue Police After Barrister Arrested At Medical University Protest – Each Other

‘A trade union is taking legal action against the Metropolitan Police after its barrister was arrested at a protest outside a medical university.’

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Each Other, 13th January 2020

Source: eachother.org.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.’

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Practical Law Construction Blog, 10th December 2019

Source: constructionblog.practicallaw.com

Mother to sue justice ministry after probation errors led to son’s murder – The Guardian

‘The Ministry of Justice is to be sued by the mother of a five-year-old boy who was murdered by her boyfriend after an inquest concluded that defects in the probation system contributed to his death.’

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The Guardian, 9th November 2019

Source: www.theguardian.com

Over 200 offenders on probation have been convicted of murder since Government shake-up five years ago – Daily Telegraph

‘More than 200 offenders under probation supervision have been convicted of murder since the system was overhauled in 2014 by the then Justice Secretary Chris Grayling.’

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Daily Telegraph, 31st October 2019

Source: www.telegraph.co.uk

Home Office outsourcing to ‘exploitative’ contractor must be reviewed, say MPs and lawyers – The Independent

‘MPs and lawyers have called for an urgent review into outsourced immigration services after it emerged Home Office profits on UK visas had surged by millions of pounds a week since visa operations were contracted to a private firm accused of exploiting applicants.’

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The Independent, 18th August 2019

Source: www.independent.co.uk

Cost of outside legal advice doubles at 42 councils – BBC News

Posted August 16th, 2019 in budgets, contracting out, legal services, local government, news by tracey

‘A doubling of spending on outside legal advice by more than 40 local councils has been labelled “ridiculous” by people fighting funding cuts. Figures from 270 of the 408 councils asked by the BBC showed £322m was spent last year on in-house legal teams and £142m on external legal services.’

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BBC News, 16th August 2019

Source: www.bbc.co.uk

Capita to challenge payment ordered to family of woman who died after benefits were wrongly stopped – The Independent

‘A private company which was instrumental in stopping the benefits of a disabled woman who later died is going to court in a bid to avoid paying £10,000 awarded in damages to the family.’

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The Independent, 6th August 2019

Source: www.independent.co.uk

Sheffield tree activists in legal talks to get convictions quashed – The Guardian

‘Move comes after investigation into city council found it fell far short of good practice.’

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The Guardian, 24th July 2019

Source: www.theguardian.com

Home Office outsourcing immigration operations ‘on the cheap’ due to funding shortages and lack of ministerial interest, says chief inspector – The Independent

Posted July 15th, 2019 in budgets, contracting out, immigration, news by tracey

‘The Home Office has been outsourcing immigration operations “on the cheap” because of funding shortages and a lack of interest from ministers, the government’s own chief inspector of borders has admitted.’

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The Independent, 15th July 2019

Source: www.independent.co.uk

Serco fined £22.9m over electronic tagging scandal – The Guardian

‘The outsourcing company Serco has been fined nearly £23m as part of a settlement with the Serious Fraud Office (SFO) over electronic tagging contracts.’

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The Guardian, 3rd July 2019

Source: www.theguardian.com

Chris Grayling’s privatisation of probation service ‘a disaster’ – The Guardian

Posted July 1st, 2019 in contracting out, news, probation, reports by sally

‘The extent of Chris Grayling’s botched privatisation of the probation service is exposed by research which brands it an “unmitigated disaster” that left the public at greater risk from ex-offenders released from jail.’

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The Guardian, 30th June 2019

Source: www.theguardian.com

NHS pays firms £181m to care for patients with serious mental illness – The Guardian

Posted June 26th, 2019 in budgets, contracting out, mental health, news, statistics by sally

‘The NHS is paying private firms an “eye-watering” £181m a year to look after people with serious mental health problems in units often hundreds of miles from their homes.’

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The Guardian, 25th June 2019

Source: www.theguardian.com

High Court brings clarity over ‘contracting out’ of leases in statutory declarations – OUT-LAW.com

‘The English and Welsh High Court has clarified the wording to use in statutory declaration when “contracting out” of business lease legislation.’

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OUT-LAW.com, 24th June 2019

Source: www.pinsentmasons.com

England and Wales jail ‘shameful’ numbers of people, says report – The Guardian

Posted June 24th, 2019 in contracting out, news, prisons, probation, recidivists, rehabilitation, statistics by tracey

‘More people are being sent to prison in England and Wales every year than anywhere else in western Europe, figures described as “shameful” suggest.’

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The Guardian, 24th June 2019

Source: www.theguardian.com

MPs and lawyers call for investigation into privatised visa system which allows firms to make millions – The Independent

Posted June 24th, 2019 in auditors, contracting out, immigration, Law Society, news, parliament, visas by tracey

‘Cross party politicians back demands for urgent review into Home Office partnership with French firm Sopra Steria following warnings legal migrants risk being ‘thrown into the hostile environment’

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The Independent, 23rd June 2019

Source: www.independent.co.uk

HMP Birmingham: Scanner funding failure ‘inexplicable’ – BBC News

‘A troubled jail’s failure to secure funding for a body scanner to help stop drugs being smuggled in is “inexplicable”, the chief inspector of prisons has said.’

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BBC News, 18th June 2019

Source: www.bbc.co.uk

Magistrates call for end to prison sentences under eight weeks – The Guardian

‘Prison sentences of less than eight weeks should no longer be imposed by the courts, the Magistrates’ Association is urging, in defiance of more radical government proposals.’

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The Guardian, 4th June 2019

Source: www.theguardian.com