Philosophy, theology and service provision change – Hardwicke Chambers

Posted December 4th, 2012 in employment, employment tribunals, news, transfer of undertakings by sally

“As employment lawyers will know, in order to determine whether there is going to be (or has been) a service provision change (SPC) under Regulation 3 of TUPE Regulations 2006 it is necessary to subject the material facts to a number of tests. These should be carried out in a logical order starting with an examination of the relevant activities to decide whether those activities to be carried out after any SPC are fundamentally or essentially the same as those carried out before. Then one must check whether the conditions in Reg 3(3) are satisfied.”

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Hardwicke Chambers, 28th November 2012

Source: www.hardwicke.co.uk

An Analysis of Employment Injunctions in 2011/12: are applicants slipping on their own banana skins? – Littleton Chambers

Posted December 4th, 2012 in compensation, employment, injunctions, news by sally

“Although there is no data available to establish the actual figures, it is a truism that only a small proportion of cases in which applications are made for interim employment injunctions culminate in a trial.”

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Littleton Chambers, December 2012

Source: www.littletonchambers.com

Drawing the Fault Line: Multiple Tortfeasors and Intervening Acts – Cloisters

Posted December 4th, 2012 in assault, causation, negligence, news, personal injuries, prosecutions, third parties by sally

“It is not uncommon for a potential personal injury or clinical negligence claimant to have been subjected to a series of events that may all be linked to causation of his injury – we’ve all met the unfortunate client for whom nothing seems to go right. Sometimes the events will be the acts of third parties, which
may or may not be tortious; at other times, the individual’s own actions may have played a part in the causation of his injuries. The third party acts may involve personal injury, or clinical negligence, or even assault. In such circumstances, there may be multiple potential defendants to any legal claim
and serious thought needs to be given to the question of whom to claim against, to avoid potential adverse costs consequences from bringing proceedings against the wrong, or too many, defendant(s) or – worse – failing to sue the tortfeasor ultimately found to be primarily or even solely responsible for the claimant’s losses.”

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Cloisters, November 2012

Source: www.cloisters.com

Privacy in the 21st Century – Lord Neuberger

Posted December 4th, 2012 in freedom of expression, news, privacy, speeches by sally

Privacy in the 21st Century (PDF)

Lord Neuberger

UK Association of Jewish Lawyers and Jurists’ Lecture, 28th November 2012

Source: www.supremecourt.gov.uk

SodaStream to seek legal advice after ad ban appeal fails – The Guardian

Posted December 4th, 2012 in advertising, appeals, news by sally

“SodaStream is to seek legal advice after failing to get its £11m ad campaign on UK television, with the regulator understood to have rejected its appeal against a ruling it ‘denigrates’ the bottled drinks industry.”

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The Guardian, 4th December 2012

Source: www.guardian.co.uk

School teaching assistant Emma Webb jailed for pupil sex offences – BBC News

Posted December 4th, 2012 in news, school children, sentencing, sexual grooming, sexual offences, teachers by sally

“A school teaching assistant who had sex with teenage pupils after grooming them on Facebook and sending them indecent text messages has been jailed.”

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BBC News, 3rd December 2012

Source: www.bbc.co.uk

Abu Qatada appeal launched by home secretary – The Guardian

Posted December 4th, 2012 in appeals, deportation, evidence, immigration, news, terrorism, torture, tribunals by sally

“The home secretary has launched a legal challenge against the decision to allow the radical preacher Abu Qatada to stay in the UK.”

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The Guardian, 3rd December 2012

Source: www.guardian.co.uk

Ashfield teenage prisoners to begin legal battle – BBC News

Posted December 4th, 2012 in detention, judicial review, news, prisons, punishment, young offenders by sally

“Seven teenagers who claim they were punished unlawfully will begin a legal battle against a Bristol prison later.”

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BBC News, 4th December 2012

Source: www.bbc.co.uk

Norwich Castle rhino horn theft bid: Man jailed – BBC News

Posted December 3rd, 2012 in attempts, news, sentencing, theft by sally

“A 29-year-old man from east London has been jailed for 18 months over the attempted theft of a rhino horn from Norwich Castle Museum.”

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BBC News, 3rd December 2012

Source: www.bbc.co.uk

Leveson isn’t a threat to human rights – not adopting his proposals would be – The Guardian

Posted December 3rd, 2012 in freedom of expression, human rights, media, news, privacy, reports by sally

“Comments attributed to Shami Chakrabarti of Liberty are the kind of nonsense that give human rights a bad name.”

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The Guardian, 3rd December 2012

Source: www.guardian.co.uk

The 1996 Hague Convention: The Fourth Dimension – Family Law Week

Posted December 3rd, 2012 in child abduction, EC law, human rights, news, parental responsibility, treaties by sally

“Eleri Jones barrister at 1 Garden Court, and Anne-Marie Hutchinson OBE and Richard Kwan both of Dawson Cornwell solicitors consider the impact of the 1996 Hague Convention in England and Wales.”

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Family Law Week, 30th November 2012

Source: www.familylawweek.co.uk

Couple sue for IVF in landmark ‘age discrimination’ case – Daily Telegraph

Posted December 3rd, 2012 in age discrimination, assisted reproduction, health, medical treatment, news by sally

“A childless couple who have been refused NHS fertility treatment are suing Jeremy Hunt, the Health Secretary, for age discrimination in a landmark legal case.”

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Daily Telegraph, 1st December 2012

Source: www.telegraph.co.uk

New code of practice for disclosure of datasets under FOI proposed – OUT-LAW.com

Posted December 3rd, 2012 in codes of practice, disclosure, freedom of information, news by sally

“Public authorities required to disclose ‘datasets’ in order to comply with a freedom of information (FOI) request should have to make sure the information is ‘machine readable’ and accompanied by explanatory material, the Government has proposed.”

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OUT-LAW.com, 3rd December 2012

Source: www.out-law.com

Spotlight On Reform – Speech by Mr. Justice Ryder

Posted December 3rd, 2012 in case management, children, delay, family courts, news, speeches by sally

Spotlight On Reform (PDF)

Speech by Mr. Justice Ryder

The Association of Lawyers For Children National Conference, 16th November 2012

Source: www.judiciary.gov.uk

The press: To legislate or not to legislate? – The Independent

Posted December 3rd, 2012 in media, news by sally

“Any statutory regulation would ignore a fundamental problem with our prurient society.”

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The Independent, 2nd December 2012

Source: www.independent.co.uk

New sentences and criminal offences come into effect – Ministry of Justice

“From 3 December 2012 new offences of aggravated knife possession come into force. Anyone who uses a knife or offensive weapon to threaten and endanger others will face a mandatory custodial sentence, Justice Secretary Chris Grayling said today.”

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Ministry of Justice, 2nd December 2012

Source: www.justice.gov.uk

2013/14 Budget Proposals: Consultation with the Profession – The Bar Council

Posted December 3rd, 2012 in barristers, budgets, consultations, news by sally

“The Treasurer is inviting the practising Bar to review the Bar Council’s Budget Proposals for 2013/14 and the associated ramifications for the Practising Certificate Fee (PCF). Individuals, chambers, employers, SBAs, Circuits and Bar Council committees are all urged to take this opportunity to comment on the proposals.”

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The Bar Council, 30th November 2012

Source: www.barcouncil.org.uk

Repeat rapists to face life sentences – Daily Telegraph

Posted December 3rd, 2012 in news, rape, recidivists, sentencing, terrorism by sally

“Criminals who commit a second serious sexual or violent offence will be given automatic life sentences under a new ‘two strikes and you’re out’ law from tomorrow.”

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Daily Telegraph, 2nd December 2012

Source: www.telegraph.co.uk

Care home regulation criticised by Norman Lamb – BBC News

Posted December 3rd, 2012 in care homes, consultations, news by sally

“Regulation of the care sector is not fit for purpose, care minister Norman Lamb has said as he unveiled proposals on English care homes for consultation.”

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BBC News, 1st December 2012

Source: www.bbc.co.uk

Voluntary code for third-party funders is “fit for purpose”, says author – OUT-LAW.com

Posted December 3rd, 2012 in codes of practice, news, third parties by sally

“A code of conduct for third-party litigation funders is “working well” one year on from its adoption and there are no plans to replace it with a system of mandatory regulation, according to one of its authors.”

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OUT-LAW.com, 3rd December 2012

Source: www.out-law.com