Category: news

Do NHS commissioners invest enough in contract management? – No. 5 Chambers

Posted June 18th, 2013 in contracting out, contracts, health, news by sally

“The NHS is in the middle of the transition from a publicly funded and publicly provided health service towards a publicly funded but increasingly privately provided service. It is thus following the course adopted in social care, with the closure of local authority owned care homes and the contracting out of service provision to commercial, charity, and other voluntary sector providers.”

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No. 5 Chambers, 17th June 2013

Source: www.no5chambers.com

Migrant domestic workers – race discrimination and post-employment victimisation – No. 5 Chambers

Posted June 18th, 2013 in appeals, employment tribunals, harassment, migrant workers, news, race discrimination by sally

“Onu v Akwiwu and others, UKEAT/0283/12/RN, UKEAT/0022/12/RN raises some interesting legal issues in a context where the need for justice may lead to an extension of the concept of race discrimination.”

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No. 5 Chambers, 6th June 2013

Source: www.no5.com

The test to be applied for ordering deposits Spring v First Capital East Ltd – No. 5 Chambers

Posted June 18th, 2013 in costs, deposits, news, payment into court, tribunals by sally

“Although usually sought by employers, either party may apply to a tribunal for an order that the other party pay a deposit as a condition of continuing to argue a particular matter if the tribunal is satisfied that the contentions put forward by that party have ‘little reasonable prospects of success’: Rule 20(1) of Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004.”

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No. 5 Chambers, 6th June 2013

Source: www.no5.com

Part-time partners: why the legal profession is changing – The Guardian

Posted June 18th, 2013 in law firms, legal profession, news, part-time work, partnerships, women by sally

“Only 9.4% of equity partners in law firms are women, despite equal numbers of men and women entering the profession.”

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The Guardian, 18th June 2013

Source: www.guardian.co.uk

Watching You, Watching Me: The Admissibility of Covertly Obtained Evidence in Employment Tribunals – No. 5 Chambers

Posted June 18th, 2013 in appeals, employment tribunals, evidence, local government, news by sally

“Should employees – or employers – be able to use secretly taped recordings as evidence when bringing or defending claims in the Employment Tribunal? In the recent case of Vaughan v London Borough of Lewisham & Others [2013] UKEAT 0534_12_0102 the Employment Appeal Tribunal confirmed the long established position that the method in which the evidence has been obtained does not affect its relevance; and relevance is the guiding principle when determining whether evidence is admissible.”

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No. 5 Chambers, 6th June 2013

Source: www.no5.com

Directors’ duties – A practical guide for insolvency practitioners – 11 Stone Buildings

Posted June 18th, 2013 in company directors, company law, insolvency, news by sally

“In this note Marcia Shekerdemian takes a closer look at the statutory codification of directors’ duties under the Companies Act 2006 (‘CA’) by reference to key case law, making this a highly practical guide for IPs who are considering bringing misfeasance claims under section 212 of the Insolvency Act 1986 (‘IA’).”

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11 Stone Buildings, June 2013

Source: www.11sb.com

Enterprise and Regulatory Reform Act 2013 – No. 5 Chambers

Posted June 18th, 2013 in arbitration, employment, employment tribunals, equality, legislation, news, whistleblowers by sally

“The Enterprise and Regulatory Reform Act 2013 [‘ERRA’] received Royal Assent on 25 April 2013, bringing some significant changes to employment law and tribunal procedure. Gemma Roberts highlights the main reforms affecting employment tribunal, ACAS procedure and the changes to whistleblowing; Mugni Islam-Choudhury considers the amendments introduced to the Equality Act 2010.”

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No. 5 Chambers, 6th June 2013

Source: www.no5.com

Prest v Petrodel Resources Limited 2013 UKSC 34 a victory for common sense – article by Elizabeth Darlington – Zenith Chambers

Posted June 18th, 2013 in company law, divorce, financial provision, matrimonial home, news, Supreme Court by sally

“In summary, the Supreme Court (comprising Lords Neuberger, Walker, Mance, Clarke, Wilson, Sumption and Lady Hale) has unanimously upheld the wife’s appeal and found that the Respondent group of companies held the assets on trust for the Husband. The assets therefore constitute property to which the husband is ‘entitled, either in possession or reversion’ for the purposes of section 24(1)(a) MCA.”

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Zenith Chambers, 12th June 2013

Source: www.zenithchambers.co.uk

Yes, it’s Article 8… again! – Hardwicke Chambers

Posted June 18th, 2013 in declarations of incompatibility, human rights, news, repossession by sally

“Counsel for the defendant in this recent case, heard at Clerkenwell & Shoreditch County Court, provided a skeleton argument on the morning of the hearing, ignoring the set aside (it being conceded there was no merit in this) but rather arguing that the Court’s lack of discretion to delay execution of a possession order by over six weeks was incompatible with Article 8. It followed that he was seeking a transfer to the High Court for declaration purposes (CPR 30.3(2)(g)).”

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Hardwicke Chambers, 3rd June 2013

Source: www.hardwicke.co.uk

Police had ‘no power’ to take ‘kettled’ woman’s details – BBC News

Posted June 18th, 2013 in demonstrations, investigatory powers, London, news, police by sally

“Police officers who took the personal details of a woman ‘kettled’ during a trade union rally in 2011 acted unlawfully, the High Court has ruled.”

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BBC News, 18th June 2013

Source: www.bbc.co.uk

Serious Personal Injury Litigation – A Quantum Update – Byrom Street Chambers

Posted June 18th, 2013 in compensation, damages, news, personal injuries by sally

“Arguments concerning the indexation of periodical payments orders triggered many more cases than usual being tried out on numerous heads of damage. Further cases have followed after the issue of indexation was decided. James Rowley QC brings together the judgments so that trends in awards in the most serious litigation can be identified.”

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Byrom Street Chambers, 30th May 2013

Source: www.byromstreet.com

The Supreme Court grasps the nettle in Prest v Petrodel Resources Ltd – 11 Stone Buildings

Posted June 18th, 2013 in company law, corporate veil, divorce, financial provision, matrimonial home, news, Supreme Court by sally

“On 12th June 2013, the Supreme Court delivered judgment in the eagerly anticipated appeal in Prest v Petrodel Resources Limited [2013] UKSC 34. For the second time this year, the Supreme Court has had to grapple with the circumstances in which it is appropriate to pierce the corporate veil, the previous decision being that of VTB Capital plc v Nutritek International Corp [2013] 2 WLR 398 (a case in which a number of 11 SB members were involved). Unlike in VTB Capital, however, this time the Supreme Court grasped the nettle and gave some practical guidance as to the reach and limitations of the doctrine.”

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11 Stone Buildings, June 2013

Source: www.11sb.com

Will-writers face jail as new code of practice scheme goes live – Legal Futures

Posted June 18th, 2013 in codes of practice, consumer protection, drafting, news, wills by sally

“Members of the Institute of Professional Willwriters (IPW) who fail to comply with its code of practice face fines or even imprisonment, as a new UK-wide scheme to strengthen self-regulation by setting standards for such codes goes live.”

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Legal Futures, 18th June 2013

Source: www.legalfutures.co.uk

A heavy cost? – New Law Journal

Posted June 18th, 2013 in civil procedure rules, costs, families, news by sally

“David Burrows reviews how LASPO has changed the funding landscape of family litigation.”

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New Law Journal, 17th June 2013

Source: www.newlawjournal.co.uk

Granting alterations licence discharged guarantor from liability, High Court rules – OUT-LAW.com

Posted June 18th, 2013 in landlord & tenant, leases, news by sally

“Granting a licence for alterations without the consent of the guarantor can be enough to discharge the guarantor’s liability under the lease, the High Court has said.”

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OUT-LAW.com, 18th June 2013

Source: www.out-law.com

New CCTV Code of Practice: surveillance and the protection of freedoms – Panopticon

Posted June 18th, 2013 in closed circuit television, codes of practice, local government, news, police by sally

“Surveillance of the covert and digital variety has been dominating the news of late. The legal contours of the practices leaked by Edward Snowden (the NSA’s obtaining of internet metadata) and covered by The Guardian (most recently, GCHQ’s monitoring of certain communications of ‘friendly’ foreign allies) may be matters of some debate.”

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Panopticon, 17th June 2013

Source: www.panopticonblog.com

Consumer codes scheme aims to improve customer confidence – The Guardian

Posted June 18th, 2013 in codes of practice, consumer protection, news by sally

“Rogue traders who break the law by ripping off customers with sub-standard work and shoddy services face unlimited fines and even imprisonment under a UK-wide scheme to improve industry self-regulation.”

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The Guardian, 18th June 2013

Source: www.guardian.co.uk

Costs budgets – now with sharp teeth. If you want more than your budget, apply – UK Human Rights Blog

Posted June 18th, 2013 in budgets, costs, news by sally

“The Jackson reforms, which are designed to stop lawyers spending too much of their clients’ or their opponents’ money, are still but young, and therefore not yielding much in the way of decided cases. But there were some pilot schemes which are very similar, and this case about one such scheme (in the Technology & Construction Court) is an interesting, and tough, example of why costs budgets must be taken seriously.”

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UK Human Rights Blog, 17th June 2013

Source: www.ukhumanrightsblog.com

The Benefits of Early Plea Discussions – CrimeLine

Posted June 18th, 2013 in fraud, news, plea bargaining, sentencing by sally

“Last month marked the fourth anniversary of the Attorney-General’s Guidelines on Plea Discussions in Cases of Serious or Complex Fraud (‘the Guidelines’)[1]. They set out the process by which a prosecutor in cases of serious or complex fraud can discuss and agree a basis of plea and joint sentencing submissions with a defendant. When they were promulgated, Baroness Scotland, the then AG said that the Guidelines were designed to help prosecutors resolve fraud cases more effectively to the benefit of the public.”

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CrimeLine, 18th June 2013

Source: www.crimeline.info

Teaching assistant wins case after being sacked over contact with her paedophile son – Daily Telegraph

Posted June 18th, 2013 in compensation, employment tribunals, families, news, teachers, unfair dismissal by sally

“A teaching assistant who was sacked from a primary school after refusing to sever ties with her sex offender son has been awarded £28,300 in compensation.”

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Daily Telegraph, 17th June 2013

Source: www.telegraph.co.uk