The price of equality? Gender and the assessment of risk – Cloisters

Posted January 8th, 2013 in equality, insurance, news, pensions, sex discrimination, women by sally

“The financial sector will no longer be allowed to use gender as a determining factor in the assessment of risk and therefore the price of premiums and benefits from Friday 21 December 2012.”

Full story (PDF)

Cloisters, 19th December 2012

Source: www.cloisters.com

Equalities: Two Years after the Equality Act 2010 – 11 KBW

“The introduction of the Equality Act 2010 was a landmark in non-discrimination law, bringing together (and making some amendments to) a myriad of different statutory regimes covering various types of protected characteristics. However, such is the nature of litigation, that very little appellate case law has, as yet, had cause to consider the provisions of the Equality Act in any detail. As a result, the very substantial developments which have taken or are taking place recently in the equalities field have tended to arise out of the previous legal regimes, or related regimes such as the European Convention on Human Rights.”

Full story (PDF)

11 KBW, 20th December 2012

Source: www.11kbw.com

How the workplace will change in 2013 – OUT-LAW.com

“What changes can workers expect from their employers in the coming year? Employment law expert Edward Goodwyn of Pinsent Masons, the law firm behind Out-Law.com, looks ahead to some significant changes.”

Full story

OUT-LAW.com, 4th January 2013

Source: www.out-law.com

Volunteers’ status under anti discrimination law: where to now? – Cloisters

Posted December 19th, 2012 in EC law, employment, equality, news, volunteers by sally

“Judgment in the case of X v. Mid Sussex CAB was handed down by the Supreme Court 12th December 2012, in which it was held that volunteers (unpaid workers) qualify for protection from discrimination under the employment provisions of European or domestic anti discrimination law. The principle disagreement between the parties (a volunteer legal advisor and a CAB) was about the proper interpretation of Article 3 of the Framework Directive, which underlies the relevant legislation. The Appellant had argued that certain volunteers in certain situations do fall within scope – namely those whose volunteer activities closely resemble paid work. The CAB argued that no volunteers fall within the legislation, irrespective of the nature of the work that they do. In dismissing the appeal, the Court held that the law in this area was sufficiently free from doubt, such that there was no need to refer any questions to the CJEU.”

Full story (PDF)

Cloisters, December 2012

Source: www.cloisters.com

What Barnet’s judicial review tells us about the future of outsourcing – The Guardian

“Legal process will provide a chance for the courts to consider to what extent councils should consult with constituents.”

Full story

The Guardian, 19th December 2012

Source: www.guardian.co.uk

The laws of succession: ‘Blood flows in women’s veins too’ – The Independent

Posted December 17th, 2012 in equality, news, peerages & dignities, royal family, sex discrimination, succession by sally

“Should the aristocracy follow the Royal Family and change the laws of succession?”

Full story

The Independent, 16th December 2012

Source: www.independent.co.uk

Equality Act 2010, possession claims and assessors – Hardwicke Chambers

Posted December 11th, 2012 in civil procedure rules, equality, landlord & tenant, news, repossession by sally

“It seemed a fairly straightforward hearing – a pre-trial review in an anti-social behaviour possession claim prior to a one-day trial at the end of December – with both my opponent and I agreeing that the matter was ready to proceed.”

Full story

Hardwicke Chambers, 30th December 2012

Source: www.hardwicke.co.uk

Bundesrepublik Deutschland v Dittrich – WLR Daily

Bundesrepublik Deutschland v Dittrich (Joined Cases C-124/11, C-125/11 and C-143/11); [2012] WLR (D) 370

“On the proper interpretation of article 3(1)(c) and 3(3) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, assistance granted to public servants in the event of illness fell within the scope of the Directive if it was the responsibility of the state, as a public employer, to finance it, that being a matter for the national court to determine.”

WLR Daily, 6th December 2012

Source: www.iclr.co.uk

Allowing religious gay marriages will avoid human rights challenges – UK Human Rights Blog

Posted December 7th, 2012 in equality, homosexuality, human rights, marriage, news by sally

“The Prime Minister has announced his support for gay marriage in religious institutions. Having already said, memorably, that ‘I don’t support gay marriage in spite of being a conservative. I support gay marriage because I am a conservative’, he has now gone a step further and argued that gay couples should be able to marry on religious premises. But, he also made clear, ‘if there is any church or any synagogue or any mosque that doesn’t want to have a gay marriage it will not, absolutely must not, be forced to hold it’.”

Full story

UK Human Rights Blog, 7th December 2012

Source: www.ukhumanrightsblog.com

Hospitals’ disabled parking charges may be ‘unlawful’ – BBC News

Posted December 7th, 2012 in disabled persons, equality, hospitals, news, parking by sally

“Hospitals charging disabled drivers to park could be in breach of the law, a leading lawyer says.”

Full story

BBC News, 7th December 2012

Source: www.bbc.co.uk

Equality and diversity rules spot check – Bar Standards Board

Posted December 5th, 2012 in barristers, diversity, equality, news by sally

“The BSB is undertaking a ‘progress check’ with a sample of 40 chambers to commence in February 2013. This to understand the extent to which the profession is engaging with the new equality and diversity rules and to identify any areas of challenge for individuals and chambers.”

Full story

Bar Standards Board, 3rd December 2012

Source: www.barstandardsboard.org.uk

Jack Straw on judicial appointments: ‘Labour went too far’ – The Guardian

Posted December 5th, 2012 in diversity, equality, judicial appointments commission, judiciary, news by sally

“Former lord chancellor admits reformed system does not allow talented women and ethnic minorities to be sought out.”

Full story

The Guardian, 4th December 2012

Source: www.guardian.co.uk

Judge for Yourself – Speech by The Lord Chief Justice

Posted November 28th, 2012 in diversity, equality, judiciary, news, speeches by sally

Judge for Yourself (PDF)

Speech by The Lord Chief Justice

Judge for Yourself event, 22nd November 2012

Source: www.judiciary.gov.uk

Equalities: Two Years after the Equality Act 2010 – 11 KBW

“The introduction of the Equality Act 2010 was a landmark in non-discrimination law, bringing together (and making some amendments to) a myriad of different statutory regimes covering various types of protected characteristics. However, such is the nature of litigation, that very little appellate case law has, as yet, had cause to consider the provisions of the Equality Act in any detail. As a result, the very substantial developments which have taken or are taking place recently in the equalities field have tended to arise out of the previous legal regimes, or related regimes such as the European Convention on Human Rights.”

Full story (PDF)

11 KBW, 20th November 2012

Source: www.11kbw.com

Barristers: profession is growing but what will it look like? – The Guardian

Posted November 21st, 2012 in barristers, diversity, equality, legal education, news, pupillage, statistics by sally

“Report shows fewer BME pupils, majority are from professional backgrounds and 22.5% have no debt.”

Full story

The Guardian, 21st November 2012

Source: www.guardian.co.uk

So, Lord Sumption says to be patient – we’ll have a diverse bench … in 2062 – The Guardian

Posted November 21st, 2012 in diversity, equality, judiciary, news by sally

“If talking publicly about judicial diversity really is ‘the fastest way to make enemies’ then Lord Sumption’s decision to deliver some ‘home truths’ on the topic last week was a brave one. It was also welcome. As anyone who has looked hard at judicial diversity over the past few years knows, a representative bench is much further away than the received wisdom suggests.”

Full story

The Guardian, 20th November 2012

Source: www.guardian.co.uk

Home Truths about Judicial Diversity – Speech by the Rt. Hon. Lord Sumption

Posted November 19th, 2012 in diversity, equality, judiciary, news, speeches by sally

Home Truths about Judicial Diversity (PDF)

Speech by the Rt. Hon. Lord Sumption

Bar Council Law Reform Lecture, 15th Novemeber 2012

Source: www.barcouncil.org.uk

Supreme Court justice calls for positive discrimination on the menu – Law Society’s Gazette

Posted November 19th, 2012 in diversity, equality, judiciary, lectures, news by sally

“Positive discrimination is the only thing likely to significantly accelerate the rate of progress towards a more diverse judiciary, a Supreme Court judge has suggested.”

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Law Society’s Gazette, 17th November 2012

Source: www.lawgazette.co.uk

Council ‘failed to consider differing needs of elderly and dementia patients when setting care home fees’ – Daily Telegraph

“A group of care homes has won a legal challenge against their local council, after accusing it of setting care fees too low and putting elderly and frail people at serious risk.”

Full story

Daily Telegraph, 8th November 2012

Source: www.telegraph.co.uk

Keynote address – Lord Neuberger of Abbotsbury, President of the Supreme Court

Posted November 1st, 2012 in barristers, disabled persons, equality, judges, news, speeches by sally

Keynote address (PDF)

Lord Neuberger of Abbotsbury, President of the Supreme Court

The Bar Council’s Disability Conference, 31st October 2012

Source: www.supremecourt.gov.uk