Category: news

Prisoners’ children ‘forgotten victims’, Barnardo’s says – BBC News

Posted September 26th, 2014 in children, families, news, prisons by sally

‘Children of prisoners are the “forgotten victims” of the justice system, Barnardo’s has said. Figures from 120 prisons suggest children make 500,000 visits to parents in prisons in England and Wales and the charity says these visits can cause them “long-lasting distress”. It says the children are in a “policy black hole”, with little government effort to monitor or identify them.’

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BBC News, 26th September 2014

Source: www.bbc.co.uk

‘Frankly awful’: energy regulator’s damning verdict on suppliers’ customer service – Daily Telegraph

Posted September 26th, 2014 in complaints, consumer protection, energy, news by sally

‘The Big Six energy suppliers have been ordered to improve “frankly awful” customer service after regulator Ofgem found more than half of customers were unhappy with how complaints were handled.’

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Daily Telegraph, 26th September 2014

Source: www.telegraph.co.uk

The Latest Guidance On The Enforceability Of Restrictive Covenants – No. 5 Chambers

Posted September 25th, 2014 in competition, contract of employment, enforcement, news, restrictive covenants by sally

‘Mugni Islam-Choudhury reports on the latest developments on restrictive covenants following the cases of Merlin Financial Consultants Ltd v Cooper [2014] IRLR 610, QB and Prophet plc v Huggett [2014] EWCA Civ 1013 (CA).’

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No. 5 Chambers, 18th September 2014

Source: www.no5.com

Compensation for Injury to Feelings Taxable – No. 5 Chambers

Posted September 25th, 2014 in age discrimination, compensation, HM Revenue & Customs, news, taxation, tribunals by sally

‘Anthony Korn reports on the recent judgment of First Tier Tribunal Tax Chamber in Moorthy v The Commissioners for Her Majesty’s Revenue and Customs (TCO3952).’

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No. 5 Chambers, 19th September 2014

Source: www.no5.com

Simon Hughes: We want the best family justice – Ministry of Justice

Posted September 25th, 2014 in arbitration, civil justice, families, family courts, news by sally

‘The true sign of a civilised family justice system is to have more people resolve disputes outside the courts, Justice Minister Simon Hughes said today [24 September].’

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Ministry of Justice, 24th September 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Calculating Damages for a Lost Career: Sharan Griffin v Plymouth Hospital NHS Trust – Employment Law Blog

Posted September 25th, 2014 in appeals, constructive dismissal, damages, disability discrimination, employment, hospitals, news, pensions by sally

‘Harini Iyengar comments on the latest Court of Appeal case on the calculation of damages for a lost career.’

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Employment Law Blog, 25th September 2014

Source: www.employment11kbw.com

Net contribution clauses: What you need to know – Hardwicke Chambers

Posted September 25th, 2014 in construction industry, contracts, damages, limitations, news by sally

‘Most construction professionals will be familiar with net contribution clauses (NCCs) in consultants’ appointments and collateral warranties but their use should not necessarily be limited to the construction sector. They may be useful in any project where professionals from a multiplicity of disciplines are retained.’

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Hardwicke Chambers, 19th September 2014

Source: www.hardwicke.co.uk

Court of Appeal: test for employment tribunal’s jurisdiction does not include comparison of different legal systems – OUT-LAW.com

Posted September 25th, 2014 in appeals, employment tribunals, jurisdiction, news by sally

‘The test for whether the UK employment tribunal has jurisdiction to hear an unfair dismissal claim from somebody who lives and works abroad should not include a comparison of the relative merits of the different employment laws that could apply, the Court of Appeal has found.’

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OUT-LAW.com, 24th September 2014

Source: www.out-law.com

Constructive Dismissal of an Employee Himself in Fundamental Breach of Contract – No. 5 Chambers

Posted September 25th, 2014 in appeals, constructive dismissal, contract of employment, employment tribunals, news by sally

‘Charles Price reports on the case of Atkinson v Community Gateway Association (UKEAT/0457/12/BA) which concerns the approach in a constructive dismissal claim when the employee himself is in fundamental breach.’

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No. 5 Chambers, 19th September 2014

Source: www.no5.com

A day in court for non-payment of the TV licence: ‘What do they want us to do, kill ourselves?’ – The Guardian

Posted September 25th, 2014 in BBC, crime, fines, licensing, media, news by sally

‘Almost 200,000 people were prosecuted last year for failing to buy a television licence. Should those who can’t afford to pay their bills be criminalised in this way?’

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The Guardian, 24th September 2014

Source: www.guardian.co.uk

Jail for solicitor who kept on practising after being struck off – Legal Futures

Posted September 25th, 2014 in disqualification, guilty pleas, imprisonment, news, sentencing, solicitors by sally

‘A solicitor has been jailed for practising despite being struck off nearly two years ago in what is thought to be the first time a court has imposed an immediate custodial sentence for such an offence.’

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Legal Futures, 25th September 2014

Source: www.legalfutures.co.uk

When Is Whistleblowing in the Public Interest? – No. 5 Chambers

Posted September 25th, 2014 in appeals, employment tribunals, news, public interest, whistleblowers by sally

‘Jack Feeny explores the new law in relation to protected disclosures following the Enterprise and Regulatory Reform Act 2013.’

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No. 5 Chambers, 19th September 2014

Source: www.no5.com

Court of Protection judge slams council for depriving autistic woman of her liberty – Local Government Lawyer

Posted September 25th, 2014 in autism, Court of Protection, deprivation of liberty safeguards, human rights, learning difficulties, local government, news by sally

‘A judge has accused a county council of “a systemic failure” in a strongly-worded ruling in which he found the authority to have wrongfully deprived a 19-year-old autistic woman of her liberty and breached her human rights.’

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Local Government Lawyer, 24th September 2014

Source: www.localgovernmentlawyer.co.uk

Isle of Wight woman jailed for ‘acid attack’ in Sandown – BBC News

Posted September 25th, 2014 in grievous bodily harm, news, sentencing by sally

‘A jealous wife has been jailed for nine years for throwing caustic soda over a waitress at her husband’s restaurant.’

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BBC News, 24th September 2014

Source: www.bbc.co.uk

Unfair Dismissal, Territorial Jurisdiction and the Higgs Boson – Littleton Chambers

Posted September 24th, 2014 in appeals, employment, employment tribunals, foreign jurisdictions, news, unfair dismissal by sally

‘When Lord Hoffmann gave the only substantive judgment of the House of Lords in Lawson v. Serco Ltd [2006] ICR 250 it was no doubt envisaged that the knotty question of territorial jurisdiction of s.94(1) of the Employment Rights Act 1996 (“ERA 1996”)– the right not to be unfairly dismissed – would be resolved once and for all. It was, after all, the first time that their Lordships had considered the question, and they did so unanimously in the context of three co-joined appeals.’

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Littleton Chambers, 22nd September 2014

Source: www.littletonchambers.com

Part 36: All change please – Hardwicke Chambers

Posted September 24th, 2014 in appeals, civil procedure rules, costs, indemnities, news by sally

‘Just when you thought you had got to grips with the updated Part 36 rules and post Jackson benefits, the Civil Procedure Rule Committee announced it was considering reforms to Part 36.’

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Hardwicke Chambers, 15th September 2014

Source: www.hardwicke.co.uk

The Right to Die: A Moral or Legal question? Or Both? – No. 5 Chambers

Posted September 24th, 2014 in appeals, assisted suicide, bills, euthanasia, medical ethics, news, Supreme Court by sally

‘Late last month the Supreme Court of the UK handed down a judgment on the cases of two severely disabled men who want other people to help them to die.’

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No. 5 Chambers, 18th September 2014

Source: www.no5.com

Spousal Maintenance: How appealing is an appeal? Appeal Cost consequences explored – Zenith Chambers

Posted September 24th, 2014 in appeals, costs, families, married persons, news by sally

‘In H v W [2014] EWHC 2846 (Fam) Eleanor King J revisited the issue of costs.’

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Zenith Chambers, 22nd September 2014

Source: www.zenithchambers.co.uk

Lawful Age Discrimination? – No. 5 Chambers

Posted September 24th, 2014 in age discrimination, appeals, employment, employment tribunals, news, redundancy, retirement by sally

‘Caroline Jennings reviews the recent EAT case of Palmer v RBS UKEAT/0083/14 which concerns whether or not a statutory restriction on eligibility for early retirement benefits could amount to age discrimination.’

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No. 5 Chambers, 19th September 2014

Source: www.no5.com

Developments in fundamental dishonesty – Hardwicke Chambers

Posted September 24th, 2014 in bills, costs, criminal justice, damages, fundamental dishonesty, medical treatment, news, personal injuries by sally

‘Personal injury practitioners will be aware of the significance of a finding of fundamental dishonesty in the context of Qualified One-Way Costs Shifting (“QoCs”) following the implementation of the Jackson reforms. In addition to this those words could soon take on a new significance in the context of a defendant’s liability to a claimant and consequent costs orders in personal injury claims.’

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Hardwicke Chambers, 15th September 2014

Source: www.hardwicke.co.uk