Government publishes TUPE amendment regulations – No. 5 Chambers
‘As predicted in our autumn newsletter, the Government has now published its proposed amendments to TUPE.’
No. 5 Chambers, 4th December 2013
Source: www.no5.com
Category: news
Corporate failure and its implications for professionals advising before insolvency – 11 Stone Buildings
‘Professional negligence cases frequently deal with claims that arise after an insolvency occurs. During a recent 11 SB insolvency seminar, Lexa Hilliard QC focused on problems that can arise for accountants and solicitors prior to a company entering into a formal insolvency process. This is an area that has attracted little attention but it can be full of pitfalls that we professionals ignore at our peril. In
this ‘Insider’ she summarises herthoughts on what is becoming a very topical issue.’
11 Stone Buildings, December 2013
Source: www.11sb.com
What role does mediation play in social housing? – Hardwicke Chambers
‘At a case management hearing in the LVT (as it then was) back in March 2013, the chair said that, whilst normally he would direct that the parties to that dispute should attempt mediation, he was aware that it was “usually pointless” doing so where public funds are at stake as public bodies generally cannot justify the arbitrary reductions that can be necessary for a mediation to succeed, and fear creating some form of precedent. Misguided as I thought the chair was, it did seem likely that he might have been speaking from many years of experience.’
Hardwicke Chambers, 3rd December 2013
Source: www.hardwicke.co.uk
When private counselling is a reasonable adjustment under the Equality Act? – No. 5 Chambers
‘The case of Crofts Vets and others v Butcher 2013 UKEAT/0430/12/LA and UKEAT/0562/12/LA is perhaps an unusual but important illustration of how far the duty to make reasonable adjustments under disability discrimination legislation goes (now Section 20 of the Equality Act 2010).’
No. 5 Chambers, 4th December 2013
Source: www.no5.com
Unfair dismissal complaint ‘not reasonably practicable’ despite lack of medical evidence – No. 5 Chambers
‘The EAT, Mr Justice Langstaff sitting alone, has recently looked again at the application of the ‘reasonably practicable’ test in circumstances where a claim for unfair dismissal was lodged after the three month deadline had expired.’
No. 5 Chambers, 4th December 2013
Source: www.no5.com
A note on equitable rectification – Hardwicke Chambers
‘Equitable rectification provides a separate, distinct and interesting remedy that is available to cure errors in executed agreements. The availability of the remedy can often be critical in circumstances, for example, where the transaction requires registration at the Land Registry or third party rights and interests are affected by the agreements. In landlord and tenant and real estate transactions the remedy has been granted in a myriad of circumstances ranging from disputes about break clauses, rent review, real estate transfers or sale and leaseback agreements. Rectification in these is therefore of more than passing academic interest, its grant nullifying potentially disastrous consequences when an executed agreement incorrectly records the agreement made between the parties. ‘
Hardwicke Chambers, 5th December 2013
Source: www.hardwicke.co.uk
Unfair dismissal claims and competing jurisdictions – No. 5 Chambers
‘When do Employment Tribunals have jurisdiction to hear unfair dismissal complaints brought by employees who work outside Great Britain? Nigel Brockley highlights the recent caselaw on this topic.’
No. 5 Chambers, 4th December 2014
Source: www.no5.com
Susan Fricker comments on Court of Appeal judgment on jurisdictional issues – Sovereign Chambers
‘Where the jurisdiction of the court is in issue the court should make a prompt determination of jurisdiction at or near the start of proceedings. In this case that determination of jurisdiction should have concluded with a declaration pursuant to BIIR, Article 17, that the English court had no jurisdiction other than the jurisdiction to make short term, provisional protective measures pursuant to BIIR, Article 20.’
Sovereign Chambers, 4th December 2013
Source: www.sovereignchambers.co.uk
Contempt of court – controversial reforms seek to secure fair trials and freedom of speech – Legal Week
‘The Law Commission has produced its eagerly awaited report on juror misconduct and internet publications, following extensive consultation. The Commission had been urgently tasked with considering reform in this area, following a number of high-profile contempt cases involving errant jurors and eager publishers.’
Legal Week, 10th December 2013
Source: www.legalweek.com
Mark Duggan inquest jury retires – BBC News
‘The jury at the inquest into the death of Mark Duggan, shot by police, has retired to consider its ruling.’
BBC News, 11th December 2013
Source: www.bbc.co.uk
Employers must not ‘rubber stamp’ opinion of adviser on disability: CoA – Local Government Lawyer
‘Employers “cannot simply rubber stamp” an occupational health adviser’s opinion that an employee is not disabled, the Court of Appeal has ruled in a case involving a local authority.’
Local Government Lawyer, 11th December 2013
Source: www.localgovernmentlawyer.co.uk
Sex, lies and the law: Lord Denning and the Profumo Affair – Halsbury’s Law Exchange
‘While the Profumo affair took place just over 50 years ago, it never seems to have left the public arena for very long. This month sees a new Andrew Lloyd Webber musical open to tell the story of Stephen Ward, the man who “pimped” Christine Keeler, the call girl at the centre of the affair. It is also the fiftieth anniversary of the publication of The Denning Report into the British political scandal and an apt time to reflect on what the report teaches us about public inquiries and the atmosphere of the time.’
Halsbury’s Law Exchange, 11th December 2013
Source: www.halsburyslawexchange.co.uk
Law as a New Religion and Other Topics – Gresham College
‘Law is everywhere providing answers to almost everything. Ever larger numbers of students want to be part of the legal mechanisms that control us, regulate us and take over from politicians when politicians sense their own incapability. It is almost a new religion. In this lecture – and in the discussion to follow – some of the issues dealt with in earlier years by Professor Bogdanor (such as in his lectures, Judges or Legislators: Who Should Rule?, The Judges and the Constitution and The Human Rights Act: Cornerstone of a New Constitution) will be reviewed as will the effect of Europe on our law.’
Gresham College, 4th December 2013
Source: www.gresham.ac.uk
‘Legal highs’ review launched – BBC News
‘A new review of “legal highs” could lead to sweeping changes to UK drug legislation, the Home Office has said.’
BBC News, 12th December 2013
Source: www.bbc.co.uk
LSB says ‘yes’ to revamped costs lawyer qualification, but ‘no’ to trainee regulation – Litigation Futures
‘The Legal Services Board (LSB) has approved a significant revamp of the costs lawyer qualification.’
Litigation Futures, 12th December 2013
Source: www.litigationfutures.com
Misleading once? The Times lawyer, Leveson and a signal sent – Legal Week
‘I don’t really know what to think about the outcome of the Solicitors Disciplinary Tribunal (SDT) hearing into the case of Alistair Brett, the former legal manager of The Times. Here was a man plainly admired by many in the media law world. Many watched with spine-tingling horror as his reputation disintegrated under cross-examination at the Leveson inquiry (you can still watch it online). But for that, he may well have escaped prosecution, let alone censure. It is a rare day that sees someone’s litigation tactics scrutinised under cross-examination by a QC and a Court of Appeal judge.’
Legal Week, 10th December 2013
Source: www.legalweek.com
Back & forth – New Law Journal
‘Chris Bryden & Michael Salter discuss some of the key developments of 2013 & share a few predictions.’
New Law Journal, 11th December 2013
Source: www.newlawjournal.co.uk
New sentencing guideline gives greater focus to impact of sex offences on victims – Sentencing Council
‘The Sentencing Council has published a new sentencing guideline for sexual offences which will help ensure appropriate and consistent sentences for sex offenders.’
Sentencing Council, 12th December 2013
Court of Appeal calls on Supreme Court to resolve conflict between UK and Strasbourg law – UK Human Rights Blog
‘The Court of Appeal has ruled that continued detention in prison following the expiry of the “minimum terms” or “tariff periods” of their indeterminate terms of imprisonment did not breach prisoners’ Convention or common law rights, but has left it to the Supreme Court to determine the substance of the Convention claims in detail.’
UK Human Rights Blog, 11th December 2013
Source: www.ukhumanrightsblog.com
