Five common perils of standstill agreements in professional liability claims – 4 New Square

Posted August 23rd, 2017 in limitations, negligence, news by sally

‘With standstill agreements back in the legal news following judgment being handed down in the Muduroglu matter ([2017] EWHC 29 (Ch)), below I have set out five frequently encountered problems with standstill agreements in professional liability claims.’

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4 New Square, 21st August 2017

Source: www.4newsquare.com

Will UK consumer law destroy the care home market? – The Guardian

Posted August 23rd, 2017 in care homes, care workers, competition, consumer protection, news by sally

‘Adult social care is on the financial ropes. Last year it was the introduction of the “national living wage”, this year it’s the requirement to backdate pay for sleep-in shifts. In both cases, the government is being urged to step in to prop up care providers.’

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The Guardian, 22nd August 2017

Source: www.theguardian.com

Male police officers given £96,000 payout after they were sidelined for calling out sexism – Daily Telegraph

‘Two male police officers have been awarded £96,000 after they claimed they were sidelined for raising concerns about sexist attitudes in their force.’

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Daily Telegraph, 22nd August 2017

Source: www.telegraph.co.uk

Judge refuses to order parents to take down petition over care orders – Local Government Lawyer

Posted August 23rd, 2017 in care orders, internet, news, parental responsibility, parental rights by sally

‘Parents who objected to care decisions made about their children after applications by Southend-on-Sea Borough Council need not remove an online petition airing their grievances, the Family Court has ruled.’

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Local Government Lawyer, 22nd August 2017

Source: www.localgovernmentlawyer.co.uk

Abducted UK children at greater risk if legal ties cut, Brexit officials say – The Guardian

Posted August 23rd, 2017 in brexit, child abduction, EC law, jurisdiction, news, treaties by sally

‘Parents in the UK would find it “much more difficult” to recover abducted children if Britain fails to persuade the EU to continue legal cooperation after Brexit, according to government officials detailing their latest plans.’

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The Guardian, 22nd August 2017

Source: www.theguardian.com

Hale: Let opposition politicians help select top judges – Litigation Futures

‘Politicians from both opposition and government should be involved in appointing the most senior judges, Lady Hale has proposed.’

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Litigation Futures, 23rd August 2017

Source: www.litigationfutures.com

Cafcass and ADCS withdraw agreement over collaboration in care proceedings – Local Government Lawyer

Posted August 23rd, 2017 in agreements, care orders, children, guardianship, news by sally

‘A controversial agreement between the Association of Directors of Children’s Services and Cafcass over children’s care proceedings has been scrapped.’

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Local Government Lawyer, 22nd August 2017

Source: www.localgovernmentlawyer.co.uk

Fake UK lawyer jailed for conning dying woman out of life savings – The Guardian

Posted August 23rd, 2017 in fraud, impersonating a barrister, news, sentencing by sally

‘A “fantasist” who posed as a barrister to trick a woman with terminal cancer out of her life savings has been jailed for eight years.’

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The Guardian, 22nd August 2017

Source: www.theguardian.com

‘Smart’ and autonomous vehicle cyber guidance: A need to provide infinite technical support? – Technology Law Update

Posted August 23rd, 2017 in computer programs, encryption, news, road traffic by sally

‘On 6 August 2017, in advance of proposed legislation, the UK government published 8 ‘Key Principles’ regarding the cyber security of connected and autonomous vehicles. This is the second of a series of 4 blogs regarding those principles.’

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Technology Law Update, 23rd August 2017

Source: www.technology-law-blog.co.uk

Rotherham abuse: Whistleblower investigation ‘examined’ – BBC News

‘The handling of an investigation into the woman who first revealed the child sexual abuse scandal in Rotherham is to be examined, the BBC’s Victoria Derbyshire programme has learned.’

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BBC News, 23rd August 2017

Source: www.bbc.co.uk

UK will keep ‘half an eye’ on ECJ rulings after Brexit, says justice minister – The Guardian

Posted August 23rd, 2017 in brexit, dispute resolution, EC law, judgments, jurisdiction, news by sally

‘Justice minister Dominic Raab has conceded the UK would keep “half an eye” on rulings by the European Union’s highest court after Brexit as the government appeared to soften its stance on how heavily the bloc would influence UK law.’

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The Guardian, 23rd August 2017

Source: www.theguardian.com

Discrimination Update – 11KBW

‘Almost everyone has an immediate intuitive understanding of direct discrimination. That is not to say that there are no difficult cases, but the core concept is easily grasped. Imagine an employer with an express policy of refusing to employ women. In a case of that sort the discrimination is obvious. To use the language of Equality Act 2010, s. 13, the employer treats women less favourably because of their sex. The reason for the simplicity of direct discrimination is that it usually needs no context for the discriminatory impact of the criterion to be apparent. The criterion is inherently discriminatory.’

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11KBW, 10th August 2017

Source: www.11kbw.com

Whistleblowing – an update – 11KBW

Posted August 22nd, 2017 in disclosure, news, unfair dismissal, whistleblowers by sally

‘Protected disclosure claims continue to keep employment lawyers, Tribunals and the EAT busy. The attractions of whistleblowing claims for claimants are well rehearsed: no qualification period for unfair dismissal claims and no cap on compensation, plus a whistleblowing claim can raise the publicity stakes for respondents.’

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11KBW, 10th August 2017

Source: www.11kbw.com

The Modern Slavery Act 2015 – 11 KBW

Posted August 22nd, 2017 in employment, legislation, news, trafficking in human beings by sally

‘The Modern Slavery Act 2015 (“MSA”) came into force on 29 October 2015. It seeks to address the growing scourge of forced labour and human trafficking within these shores. It does so by creating various criminal offences in relation to holding another person in
slavery or servitude or requiring them to perform forced labour, and also in relation to the movement of persons with a view to exploiting them. However, MSA also has a broader aim. Part 6 of MSA contains provisions requiring transparency in supply chains. Businesses above a specified level of turnover are required to provide a statement setting out the steps taken in the course of a financial year to ensure that slavery and human trafficking is not taking place in any of its supply chains.’

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11 KBW, 14th August 2017

Source: www.11kbw.com

Partridge v Gupta – Arden Chambers

Posted August 22nd, 2017 in civil procedure rules, housing, news, notification, repossession by sally

‘The High Court has held that CPR 83.13 (permission required to issue a writ of possession) does not require that the occupier be given notice of the actual application for permission. What is required is that they should have sufficient knowledge about the case as a whole.’

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Arden Chambers, 15th August 2017

Source: www.ardenchambers.com

Bucknall v Dacorum Borough Council – Arden Chambers

Posted August 22nd, 2017 in housing, local government, news, notification, regulations, repossession by sally

‘The High Court has held that it is a question of fact whether accommodation occupied after the acceptance of a full housing duty under s.193(2), Housing Act 1996, but which was initially provided to the applicant under s.188, is a “dwelling” for the purposes of ss.3 and 5, Protection from Eviction Act 1977. In the present case, the appellant occupied the property as a dwelling and the notice to quit served on her was invalid because it did not contain the information prescribed by the Notices to Quit etc. (Prescribed Information) Regulations 1988 (SI 1988/2201).’

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Arden Chambers, 10th August 2017

Source: www.ardenchambers.com

Property Litigation Blog: The path from Figsbury Ring to Gore – Hardwicke Chambers

Posted August 22nd, 2017 in easements, news, rights of way by sally

‘Andrew Skelly, of Hardwicke Chambers, considers the courts’ approach to easements, particularly the use of rights of way where the dominant tenement owner acquires additional land.’

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Hardwicke Chambers, 14th August 2017

Source: www.hardwicke.co.uk

R (UNISON) v Lord Chancellor – Blackstone Chambers

Posted August 22nd, 2017 in appeals, employment tribunals, equality, fees, news, Supreme Court, trade unions by sally

‘The Supreme Court today [30 July] allowed UNISON’s appeal and held that fees imposed in respect of proceedings in employment tribunals and the Employment Appeal Tribunal are unlawful because of their effects on access to justice.’

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Blackstone Chambers, 30th July 2017

Source: www.blackstonechambers.com

BAE Systems (Operations) Ltd v Marion Konczak [2017] EWCA Civ 1188 – Blackstone Chambers

‘The Court of Appeal has today given important guidance on how to assess compensation in cases where a claimant’s injury has multiple causes. The decision will be of particular relevance to cases where an employer’s conduct acts in conjunction with other factors to cause psychiatric harm, such as stress at work or depression, to a vulnerable employee.’

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Blackstone Chambers, 31st July 2017

Source: www.blackstonechambers.com

Collective (in)action? The CAT’s recent judgments on collective proceedings orders – Blackstone Chambers

Posted August 22nd, 2017 in appeals, class actions, competition, news, tribunals by sally

‘At first glance, two recent judgments from the CAT may give the impression that the new UK class action regime is dead in the water. However, on closer inspection there is much in these judgments that prospective claimants will welcome.

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Blackstone Chambers, 7th August 2017

Source: www.blackstonechambers.com