‘The police watchdog has been threatened with legal action for refusing to investigate whether the conduct of officers who restrained a man for a significant period of time committed a criminal offence or that their behaviour amounts to misconduct.’
The Guardian, 4th May 2021
Source: www.theguardian.com
‘Istvan Horvarth started working at the Lidl store in Telford Hadley, Shropshire, in 2013. A colleague complained that Horvarth showed him his “swastika” tattoo and in April 2019 Horvarth was sacked. In Mr I Horvarth v Lidl Great Britain Ltd [2021] ET/ 1307164/2019, he claimed unfair dismissal and discrimination based on race and/or religion or belief. He also claimed that he had been subjected to a number of incidents of harassment related to his race from approximately 2016 onwards, immediately following the Brexit referendum [3]. Following two case management hearings before Employment Judge Flood, he withdrew his claims of discrimination based on religion and/or belief and they were dismissed in a judgment dated 22 May 2020 [2].’
UK Law & Religion, 30th April 2021
Source: lawandreligionuk.com
‘Cauda equina syndrome is a rare and severe type of spinal stenosis. A narrowing of the spinal canal causes the nerves in the lower back to become severely compressed. Typically, but not exclusively, it results from a prolapsed disc bulge. The condition requires urgent hospital admission and timely surgery (usually decompression of the disc). The longer it goes untreated, the greater the chance it will result in permanent paralysis and incontinence. On that account, it leads to claims for clinical negligence, notably in respect of delayed diagnosis, whether against hospital or GP. On that account too, such claims have latterly given rise to a number of decisions by the higher courts. The purpose of this blog is to review three of them.’
Ropewalk Clinical Negligence Blog, 29th April 2021
Source: www.ropewalk.co.uk
‘Let me begin with what should be platitudinous. The presumption of innocence is a cherished legal principle in the United Kingdom. No one is guilty of a crime unless a court so decides after a fair hearing, and anyone accused of wrongdoing short of a crime is entitled to the protection of an analogous principle. Politicians must account to Parliament, and are answerable to the voters. Politicians must obey the law and comply with relevant codes of conduct.’
UK Constitutional Law Association, 4th May 2021
Source: ukconstitutionallaw.org
‘R (Lawal) v Secretary of State for the Home Department (2021), Upper Tribunal (Immigration and Asylum Chamber), Unreported, JR/626/2020 (V).
The death of an immigration detainee, as with all prisoners, is rightly subject to legal scrutiny. This is because detainees are completely under the state’s control. Article 2 ECHR requires that the state carry out an effective investigation into all deaths in detention where there is a reasonable suspicion that the death was unnatural. A coroner is required to hold an inquest into all deaths in custody, and specifically a jury inquest where there is reason to suspect the death is violent or unnatural. In this case, a two-judge panel of the Upper Tribunal (President of the Upper Tribunal, Mr Justice Lane, and Upper Tribunal Judge Canavan) found that the respondent Home Secretary had breached her Article 2 procedural obligations in respect of deaths in immigration detention. In particular, she had failed to ensure that crucial witness evidence was secured for use at an inquest and had failed to halt the deportation of a relevant witness.’
UK Human Rights Blog, 29th April 2021
Source: ukhumanrightsblog.com
‘A Family Court judge has rejected an appeal brought by a local authority against a case management decision by a district judge pursuant to s 38(6) of the Children Act (1989) directing that the parents and the subject child (“L”) should undergo a residential assessment.’
Local Government Lawyer, 3rd May 2021
Source: www.localgovernmentlawyer.co.uk
‘A deputy High Court judge has hit out at the “lamentable” way applications before him were prepared, including non-compliant and late skeleton arguments from counsel.’
Litigation Futures, 4th May 2021
Source: www.litigationfutures.com
‘A senior costs specialist at Slater & Gordon (S&G) has won a claim for unfair dismissal on one ground but an employment tribunal decided it would not be just to award him damages.’
Legal futures, 4th May 2021
Source: www.legalfutures.co.uk
‘A former probationary police officer has been sentenced at the Old Bailey to a total of four years and four months in prison after he was exposed as a secret member of a neo-Nazi group.’
Crown Prosecution Service, 30th April 2021
Source: www.cps.gov.uk
‘A Netflix reality TV star and son of a former attorney general has been fined nearly £3,000 for being abusive to staff on a flight and refusing to wear a mask.’
The Independent, 2nd May 2021
Source: www.independent.co.uk
‘The government is being urged to remove the Windrush compensation scheme from the Home Office after new data showed 214 applicants have been waiting more than 18 months and five people more than two years.’
The Independent, 2nd May 2021
Source: www.independent.co.uk
‘Hospitality bosses have lost a legal challenge for a faster reopening for indoor dining in England.’
BBC News, 3rd May 2021
Source: www.bbc.co.uk
‘Norfolk County Council wrongly took account of the economic benefits of a development proposal when in its capacity as highways authority it decided not to object to its impact on a local main road.’
Local Government Lawyer, 29th April 2021
Source: www.localgovernmentlawyer.co.uk
‘Birmingham City Council’s system for allocating accommodation to homeless people has been declared unlawful by the High Court.’
Local Government Lawyer, 29th April 2021
Source: www.localgovernmentlawyer.co.uk
‘A 64-page users’ guide aimed at litigants in person who have to navigate the “straightforward” Official Injury Claim (OIC) portal for whiplash claims was published yesterday.’
Legal Futures, 30th April 2021
Source: www.legalfutures.co.uk
‘Joseph Rainer and Thomas Haggie, barristers of Queen Elizabeth Building, consider third-party assets and their bearing on the court’s assessment of resources in financial remedy cases.’
Family Law Week, 28th April 2021
Source: www.familylawweek.co.uk
‘Council care workers can help disabled people meet prostitutes without breaking the law, a judge has confirmed in a landmark ruling. A judge in the Court of Protection – a specialist court which considers issues relating to people who are deemed to lack capacity to make certain decisions – ruled that carers who facilitate adults with learning disabilities to visit sex workers will not be committing a criminal offence.’
Daily Telegraph, 29th April 2021
Source: www.telegraph.co.uk
‘Cross-party MPs have attacked Home Office plans that will see more trafficking survivors locked up in immigration detention and threatened with removal, warning that it is a “hugely retrograde step”.’
The Independent, 29th April 2021
Source: www.independent.co.uk
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