After Uber: Purposive Interpretation and the Future of Contract – by Joe Atkinson and Hitesh Dhorajiwala – UK Labour Law

‘The Uber BV v Aslam [2021] UKSC 5 (“Uber (SC)”) judgment from the Supreme Court represents the final chapter in the long-running saga of determining the employment status of drivers who provided trips to passengers via the Uber app. As highlighted by Valerio De Stefano, the finding that the drivers must be classed as workers is part of a wider trend of decisions rejecting arguments that platform workers fall outside the regulatory scope of employment law. This blog considers key aspects of the Supreme Court’s reasoning, relating to the “purposive approach” and the role of contractual documentation in determining employment status, as well as some of the practical consequences of the judgment for workers.’

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UK Labour Law, 1st April 2021

Source: uklabourlawblog.com

Deprivation of liberty and writs of habeas corpus – Local Government Lawyer

‘The Court of Protection has found that if a local authority does not apply for an order under the inherent jurisdiction, a parent can challenge the deprivation of liberty of their child in a specialist school by bringing a writ of habeas corpus. Joshua Swirsky analyses the ruling.’

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Local Government Lawyer, 1st April 2021

Source: www.localgovernmentlawyer.co.uk

New and repeat lessons from CIL appeal decisions – Local Government Lawyer

Posted April 1st, 2021 in appeals, delay, news, planning, regulations, service by sally

‘The flow of appeals against surcharges and deemed commencement dates under regulations 117 and 118 of the Community Infrastructure Levy Regulations 2010 to the Planning Inspectorate continues unabated. Christopher Cant looks at what can be learned.’

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Local Government Lawyer, 1st April 2021

Source: www.localgovernmentlawyer.co.uk

London-wide launch of operation to convict those who assault NHS staff – Crown Prosecution Service

Posted April 1st, 2021 in assault, doctors, hate crime, news, nurses, paramedics, pilot schemes, prosecutions by sally

‘Known as Operation Cavell, the initiative will see a senior officer review all reports of assaults and hate crime against NHS staff. Following a three-month pilot, the National Health Service (NHS), Metropolitan Police Service (MPS) and Crown Prosecution Service (CPS) have been working in partnership to launch the scheme today (Wednesday, 31 March) which aims to increase convictions and protect NHS staff on the frontline.’

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Crown Prosecution Service, 31st March 2021

Source: www.cps.gov.uk

Chambers criticised for giving pupils silent treatment – Law Society’s Gazette

Posted April 1st, 2021 in barristers, news, notification, pupillage, recruitment by sally

‘Chambers that fail to respond to unsuccessful applicants for pupillage – the great majority – have been urged to mend their ways, after a student claimed the practice “damages the integrity of the profession.”’

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Law Society's Gazette, 31st March 2021

Source: www.lawgazette.co.uk

Airport ordered to pay compensation to home owners over noise – The Independent

Posted April 1st, 2021 in airports, compensation, news, noise by sally

‘A court has ordered that London Southend Airport should pay a total of £86,500 in compensation to owners of nine neighbouring homes who say their values were diminished by noise following a runway extension.’

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The Independent, 31st March 2021

Source: www.independent.co.uk

Everyone’s Invited: Schools abuse helpline and review launched – BBC News

Posted April 1st, 2021 in child abuse, harassment, news, school children, sexual offences, universities by sally

‘A helpline and immediate review into sexual abuse in schools have been set up by the government in response to thousands of allegations from students.’

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BBC News, 31st March 2021

Source: www.bbc.co.uk

Crime victims to be told when perpetrators leave prison – BBC News

Posted April 1st, 2021 in crime, cross-examination, news, notification, parole, victims by sally

‘Crime victims are to be told when an offender leaves prison as part of a new code that has come into force in England and Wales.’

Full code

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BBC News, 1st April 2021

Source: www.bbc.co.uk

Police watchdog accused of skewing report to back protests clampdown – The Guardian

‘The official policing inspectorate showed repeated bias in favour of the police and against peaceful protesters as it compiled a report which backed a government clampdown, a whistleblower has alleged. The complainant says a report on protest released in March this year was skewed in favour of the government view, with conclusions reached before evidence was gathered and assessed.’

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The Guardian, 31st March 2021

Source: www.theguardian.com

Assisted dying inquiry essential, leading brain surgeon says – BBC News

Posted April 1st, 2021 in assisted suicide, doctors, inquiries, news by sally

‘One of the UK’s leading brain surgeons, who has advanced prostate cancer, has said an inquiry into assisted dying is “absolutely essential”.’

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BBC News, 1st April 2021

Source: www.bbc.co.uk

Charity Commission investigates Carrie Symonds’ employer – The Independent

‘The organisation that employs Boris Johnson’s fiancee Carrie Symonds is set to be investigated by the Charity Commission following “serious concerns” over its governance and financial management.’

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The Independent, 1st April 2021

Source: www.independent.co.uk

Does the Limitation Act 1980 apply to adjudication? – Practical Law: Construction Blog

Posted March 31st, 2021 in construction industry, dispute resolution, limitations, news by sally

‘Your starting point, like mine, to the above question, which I will leave you to mull over the Easter break, is likely “of course!”. But why? This question was first explored by Peter Clyde in his blog in 2012. Since then we have had the benefit of the Supreme Court’s decision in Aspect Contracts (Asbestos) Ltd v Higgins Construction plc, but does this change the analysis?’

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Practical Law: Construction Blog, 30th March 2021

Source: constructionblog.practicallaw.com

Church of England: publication of detailed responses to IICSA report – Law & Religion UK

Posted March 31st, 2021 in child abuse, Church of England, news, reports, sexual offences by sally

‘The Church of England has today published its detailed responses to the recommendations of the IICSA report of October 2020.’

Full response

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Law & Religion UK, 29th March 2021

Source: lawandreligionuk.com

Leaseholders win battle with City of London over service charges – Local Government Lawyer

Posted March 31st, 2021 in leases, local government, London, news, repairs, service charges by sally

‘Leaseholders have won a Court of Appeal case against the City of London Corporation over whether certain repairs to their homes are chargeable to them.’

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Local Government Lawyer, 31st March 2021

Source: www.localgovernmentlawyer.co.uk

Housing case law update – March 2021 – Local Government Lawyer

‘Paul Lloyd, Helen Gascoigne and Catherine Craven analyse the latest court rulings and Ombudsman investigations of interest to housing associations and local authorities.’

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Local Government Lawyers, 30th March 2021

Source: www.localgovernmentlawyer.co.uk

Appeal court ruling to reopen “thousands” of flight delay claims – Litigation Futures

Posted March 31st, 2021 in airlines, compensation, delay, news by sally

‘The Court of Appeal has opened the way for “thousands” of flight delay claims after ruling that a pilot’s sickness just before a flight took off was not a reason to refuse compensation.’

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Litigation Futures, 31st March 2021

Source: www.litigationfutures.com

Tribunal rejects solicitor appeal against £1,000 SRA fine – Legal Futures

Posted March 31st, 2021 in appeals, disciplinary procedures, fines, news, solicitors, tribunals by sally

‘The Solicitors Disciplinary Tribunal (SDT) has rejected an appeal by a solicitor against a £1,000 fine imposed by the Solicitors Regulation Authority (SRA) for breaching a written agreement he made during probate litigation.’

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Legal Futures, 31st March 2021

Source: www.legalfutures.co.uk

Costs in financial remedy cases: LM v DM (Costs Ruling) [2021] EWFC 28A short but important judgment Date:30 MAR 2021 – Family Law

Posted March 31st, 2021 in costs, family courts, financial provision, news, practice directions by sally

‘A short but important judgment emphasising the costs consequence that a litigant may face if they have failed to negotiate openly and reasonably in the context of financial remedy proceedings was handed down by Mostyn J on 12 March 2021 in the case of LM v DM (Costs Ruling) [2021] EWFC 28.’

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Family Law, 30th March 2021

Source: www.familylaw.co.uk

Managing costs in complex children cases – Family Law

Posted March 31st, 2021 in child arrangements orders, costs, family courts, legal aid, news by sally

‘In November 2020 Spice Girl Mel B was in the news, despairing about how the legal costs of trying to relocate her daughter Madison from the US to England were likely to bankrupt her, leading to her withdrawing her relocation application. The figure of $500,000 quoted included legal fees of $400,000 and $100,000 in accounting fees.’

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Family Law, 30th March 2021

Source: www.familylaw.co.uk

Court of Appeal delivers ruling on family court’s approach to domestic abuse – Law Society’s Gazette

‘The Court of Appeal has handed down judgment in a groundbreaking case that is expected to inform the way family courts treat allegations of domestic abuse and coercive and controlling behaviour.’

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Law Society's Gazette, 30th March 2021

Source: www.lawgazette.co.uk