news – Page 703 – Current Awareness

A statutory defence for discrimination: s.109(4) Equality Act 2010 Allay (UK) Limited v Gehlen – 3PB

Posted February 11th, 2021 in chambers articles, employment tribunals, equality, news, race discrimination by sally

‘S.109(4) EA 2010 provides a statutory defence for an employer when discrimination has been found if they took “all reasonable steps” to prevent that or similar discrimination. It is a rarely used defence and it is even more rare to have an appellate case providing guidance, but Allay (UK) Limited v Gehlen [2021] UKEAT 0031_20_0402 (Unreported, 4 February 2021) clarifies what is meant by “all reasonable steps”, exploring permissible and impermissible considerations to meet the high threshold set by s.109.’

3PB, 9th February 2021

Source: www.3pb.co.uk

Confiscation & honouring the unchallenged basis of plea in R v Mohammed Zia Munir: Francesca Levitt examines for Lexis Nexis – 5SAH

Posted February 11th, 2021 in chambers articles, confiscation, drug offences, news, pleadings, proceeds of crime by sally

‘The appellant was sentenced on an unchallenged, written basis of plea to the effect that he was a mere custodian of drugs on behalf of another. In these circumstances the court was bound to apply the provisions of the Proceeds of Crime Act 2002 (POCA 2002) consistently with the facts of the basis of plea. On his basis, the appellant could not be said to have received the drugs for his own benefit and therefore he did not obtain property within the meaning of POCA 2002, s 76(4).’

5SAH, 11th February 2021

Source: www.5sah.co.uk

When is an expert not an expert? – 2 Hare Court

Posted February 11th, 2021 in chambers articles, expert witnesses, fraud, news by sally

‘Angus Bunyan reviews this week’s judgment in Byrne and others concerning the safety of a number of fraud convictions which relied on the evidence of a now discredited expert witness. Angus was prosecution trial counsel in one of the cases (leading Julia Faure Walker) and appeared for the Respondent on appeal. Narita Bahra QC was defence counsel in Sulley and others and appeared for two of the Appellants on appeal.’

2 Hare Court, 4th February 2021

Source: www.2harecourt.com

Tribunal reduces damages awarded against sweary senior partner – Legal Futures

Posted February 11th, 2021 in damages, employment tribunals, harassment, law firms, news, paralegals by sally

‘An employment tribunal ordered to reconsider the damages it awarded to a paralegal subjected to foul-mouthed tirades by the senior partner of a London law firm has reduced them by 20%.’

Legal Futures, 11th February 2021

Source: www.legalfutures.co.uk

Council secures injunction against man who circumvented redaction in child protection papers – Local Government Lawyer

Posted February 11th, 2021 in children, confidentiality, defamation, documents, harassment, injunctions, local government, news by sally

‘The London Borough of Lambeth has won a final injunction against a man who was able to remove a redaction on papers concerning child welfare.’

Local Government Lawyer, 11th February 2021

Source: www.localgovernmentlawyer.co.uk

Eviction of Euston tunnel HS2 protesters can continue, judge rules – The Guardian

Posted February 11th, 2021 in demonstrations, health & safety, human rights, news, railways by sally

‘A high court judge has ruled against a call to halt the eviction of protesters from a tunnel beside Euston Square on grounds of safety.’

The Guardian, 10th February 2021

Source: www.theguardian.com

The powers being used to disrupt a terror group – BBC News

Posted February 11th, 2021 in appeals, news, terrorism, terrorism prevention & investigation measures by sally

‘Two members of the banned group al-Muhajiroun have lost an appeal against terrorism measures used by the government to limit their activities. The BBC has investigated how the measures are being employed to disrupt the organisation’s leadership.’

BBC News, 11th February 2021

Source: www.bbc.co.uk

Housing association obtains £81,000 judgment against ex-tenant for unlawful subletting – Local Government Lawyer

Posted February 11th, 2021 in housing, landlord & tenant, news, repossession by sally

‘The tenancy enforcement team at social landlord Hyde has secured an £81,000 money judgment against a former tenant for unlawful subletting.’

Local Government Lawyer, 10th February 2021

Source: www.localgovernmentlawyer.co.uk

Solicitor lied to High Court in claim brought by former partner – Legal Futures

Posted February 11th, 2021 in disciplinary procedures, evidence, news, solicitors, witnesses by sally

‘A solicitor who lied to a High Court judge during the trial of a dispute with a former partner in his law firm has been struck off.’

Legal Futures, 11th February 2021

Source: www.legalfutures.co.uk

Number of prisoners in England and Wales on suicide watch rises steeply – The Guardian

Posted February 11th, 2021 in mental health, news, prisons, statistics, suicide by sally

‘The number of prisoners put on suicide or self-harm watch has risen dramatically over the past decade, a Guardian investigation has found, as experts warn the scale of the mental health crisis in prisons has escalated during the coronavirus pandemic.’

The Guardian, 10th February 2021

Source: www.theguardian.com

Court of Appeal rejects challenge to application of ‘tilted balance’ by two councils – Local Government Lawyer

Posted February 11th, 2021 in interpretation, local government, news, planning, statutory duty by sally

‘The Court of Appeal has rejected a developer’s case that two councils misapplied the “tilted balance” in the National Planning Policy Framework (NPPF).’

Local Government Lawyer, 11th February 2021

Source: www.localgovernmentlawyer.co.uk

Straw backs call for politician to have choice in appointing top judges – Litigation Futures

Posted February 11th, 2021 in judiciary, lord chancellor, news, recruitment, vetting by sally

‘The role of politicians in appointing senior judges should be beefed up, although with the limitation that the Lord Chancellor should choose from shortlist of independently vetted candidates, according to a think tank.’

Litigation Futures, 11th February 2021

Source: www.litigationfutures.com

David Wilson: Sex offender who posed as girls online jailed for 25 years – BBC News

Posted February 11th, 2021 in blackmail, indecent photographs of children, internet, news, sentencing, sexual grooming, sexual offences by sally

‘A man who posed as teenage girls online and blackmailed 51 boys into sending him indecent images of themselves has been jailed for 25 years.’

BBC News, 10th February 2021

Source: www.bbc.co.uk

A cheaper route to qualifying? ULaw unveils SQE pricing – Legal Futures

Posted February 10th, 2021 in education, fees, legal education, news, solicitors, universities by sally

‘The University of Law (ULaw) has unveiled a range of courses to prepare students for Solicitors Qualifying Examination (SQE), costing from £500 to £16,500 – the latter being little different from the legal practice course (LPC).’

Legal Futures, 10th February 2021

Source: www.legalfutures.co.uk

Man to pay £25,000 damages over negative TrustPilot review – BBC News

Posted February 10th, 2021 in complaints, damages, defamation, internet, law firms, news by sally

‘A man who left a negative review of a legal firm on the TrustPilot website has been ordered to pay £25,000 ($34,000) in libel damages.’

BBC News, 9th February 2021

Source: www.bbc.co.uk

How the Queen lobbied for changes in the law to hide her wealth – The Guardian

Posted February 10th, 2021 in bills, constitutional law, news, parliament, podcasts, royal family by sally

‘Government memos discovered in the National Archives reveal that the Queen lobbied ministers to alter proposed legislation. The Guardian’s David Pegg follows the trail and explains its implications for a monarchy which is supposed to stay out of politics.’

The Guardian, 10th February 2021

Source: www.theguardian.com

Simple passing of time and unlawful occupation of accommodation could not amount to new fact for the purposes of new homelessness application, judge finds – Local Government Lawyer

Posted February 10th, 2021 in homelessness, housing, local government, news by sally

‘A Deputy High Court judge has dismissed a legal challenge to a council’s decision to refuse to accept a fresh homelessness application from the claimant following an alleged change in his circumstances.’

Local Government Lawyer, 9th February 2021

Source: www.localgovernmentlawyer.co.uk

The woman who live-tweets inquests – BBC News

Posted February 10th, 2021 in autism, coroners, disabled persons, inquests, internet, news by sally

‘George Julian is crowdfunding to attend coroners’ courts and live-tweet the inquests of people with learning disabilities and autism.’

BBC News, 10th February 2021

Source: www.bbc.co.uk

Case Preview: R (on the application of A) v Secretary of State for the Home Department – UKSC Blog

Posted February 10th, 2021 in appeals, child abuse, children, disclosure, human rights, news, privacy, sexual offences, Supreme Court by sally

‘On 10 February, the Supreme Court will hear the appeal in R (A) v SSHD. The case concerns the legality of guidance issued under the Multi Agency Public Protection Arrangements (“MAPPA”).’

UKSC Blog, 8th February 2021

Source: ukscblog.com

Defendants no longer required to state nationality at the start of criminal cases – UK Human Rights Blog

Posted February 10th, 2021 in case management, criminal procedure, data protection, human rights, news by sally

‘On 8 February 2020, small but significant changes were made to the Part 3 (Case Management) of the Criminal Procedure Rules and Practice Directions 2020 (“CrimPR”). These changes remove the requirement that defendants in criminal trials provide their nationality to the court at preliminary hearings. The question is now to be asked only where a court passes an immediate or suspended custodial sentence.’

UK Human Rights Blog, 9th February 2021

Source: ukhumanrightsblog.com

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