High Court rules delving into women’s pension pots is not discriminatory – UK Human Rights Blog

Posted October 9th, 2019 in age discrimination, equality, news, notification, pensions, sex discrimination, women by sally

‘In a judgment handed down on 3rd October, the High Court has ruled that successive statutes between 1995 and 2014, which legislated to equalise the state pension age between men and women were not discriminatory. The High Court also determined that it was not a matter for the courts to conclude whether the steps taken to inform those affected by the changes in the state pension age for women were inadequate or unreasonable.’

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UK Human Rights Blog, 9th October 2019

Source: ukhumanrightsblog.com

Supreme Court to hear Mastercard CPO appeal – Litigation Futures

Posted October 9th, 2019 in appeals, banking, class actions, EC law, fees, news, Supreme Court by sally

‘The Supreme Court has granted Mastercard permission to appeal against the Court of Appeal ruling that kept the massive £14bn class action over interchange fees alive.’

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Litigation Futures, 8th October 2019

Source: www.litigationfutures.com

Carl Beech: Judge suggests he was ‘misled’ over VIP abuse search warrants – BBC News

‘A judge who granted search warrants in the Met’s discredited VIP paedophile inquiry has agreed with a report that concluded he was “misled” by police.’

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BBC News, 9th October 2019

Source: www.bbc.co.uk

Thoughts on Advocacy from the Coal Face – a paper – Six Pump Court

Posted October 9th, 2019 in advocacy, barristers, legal education, news by sally

‘In a paper entitled “Aristotle and the Three Pillars of Advocacy or a few thoughts on advocacy from the coal face”, Richard Barraclough QC draws on his experience of advocacy and discusses his own principles and methods of effectively presenting a case – both for the defence and the prosecution.’

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Six Pump Court, 4th October 2019

Source: www.6pumpcourt.co.uk

Tribunal rejects claims from ‘partner’ who sued as employee – Legal Futures

‘A former salaried partner, permitted by an employment tribunal earlier this year to sue her law firm as an employee, has lost all but one of her claims.’

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Legal Futures, 9th October 2019

Source: www.legalfutures.co.uk

Wonga customers’ average compensation payout may be just £118 – The Guardian

Posted October 9th, 2019 in administrators, compensation, complaints, debts, interest, loans, news, statistics by sally

‘Customers who were mis-sold loans by the collapsed payday lender Wonga are expected to receive less than 10% of what they are owed in compensation after administrators revealed that only £41m will be put aside for claimants.’

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The Guardian, 9th October 2019

Source: www.theguardian.com

HMP Bronzefield baby death ‘subject of 10 investigations’ – BBC News

‘The death of a newborn baby whose mother gave birth alone at Britain’s largest women’s prison is the subject of 10 investigations, a justice minister has told the Commons.’

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BBC News, October 2019

Source: www.bbc.co.uk

Outdated law led to voting problems in EU elections – watchdog – The Guardian

Posted October 9th, 2019 in EC law, elections, enfranchisement, news, ombudsmen by sally

‘The government’s failure to reform outdated legislation caused some EU citizens in the UK and British citizens overseas to lose their vote in the European elections in May, the Electoral Commission has concluded.’

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The Guardian, 8th October 2019

Source: www.theguardian.com

Unlicensed HMO and date of offence – Nearly Legal

‘Luton Borough Council v Altavon Luton Ltd & Ors (2019) EWHC 2415 (Admin). An appeal by way of case stated from a DJ’s decision at Luton Magistrates. The sole issue was whether the informations in the case had been laid within 6 months “from the time when the offence was committed, or the matter of complaint arose.” (Section 127 of the Magistrates’ Court Act 1980.)’

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Nearly Legal, 6th October 2019

Source: nearlylegal.co.uk

New points on appeal, after a summary possession order – Nearly Legal

Posted October 8th, 2019 in appeals, civil procedure rules, news, repossession, summary judgments by sally

‘Notting Hill Finance Ltd v Sheikh (2019) EWCA Civ 1337. The court of appeal looks at circumstances in which new points can be raised on appeal, where a possession order has been made on a summary basis under CPR Part 55, concluding that there is no test that the case is “exceptional”.’

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Nearly Legal, 6th October 2019

Source: nearlylegal.co.uk

Healthcare-workers and transgender clients: Mackereth – Law & Religion UK

‘In Dr David Mackereth v The Department for Work and Pensions & Anor [2019] ET 1304602/2018, Dr Mackereth had been recruited by Advanced Personnel Management Group (’APM’) as a Health and Disabilities Assessor (‘HAD’) on behalf of the DWP [3]. He was contracted to assess individuals on behalf of the DWP who were contemplating, undergoing or had undergone gender reassignment. However, as a result of his Christian beliefs he refused, in conscience, to refer to clients using the pronoun of their choice – as the DWP required. It later became apparent the issue also extended to styles and titles of address [8]. He was suspended and, ultimately, sacked [17].’

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Law & Religion UK, 6th October 2019

Source: www.lawandreligionuk.com

Batei Din and arbitration awards: Sterling – Law & Religion UK

Posted October 8th, 2019 in arbitration, contracts, Judaism, jurisdiction, news by sally

‘An interesting case involving the extent to which arbitration awards by religious courts are enforceable at civil law has recently come before the Chancery Division of the High Court.’

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Law & Religion UK, 7th October 2019

Source: www.lawandreligionuk.com

BAILII: Recent Decisions

Posted October 8th, 2019 in law reports by sally

High Court (Chancery Division)

Menon & Anor v Pask & Ors [2019] EWHC 2611 (Ch) (07 October 2019)

High Court (Commercial Court)

Suez Fortune Investments Ltd & Anor v Talbot Underwriting Ltd & Ors (BRILLANTE VIRTUOSO) [2019] EWHC 2599 (Comm) (07 October 2019)

Source: www.bailii.org

Godparent v guardian – Family Law

Posted October 8th, 2019 in children, guardianship, news, wills by sally

‘Many parents assume that if they have appointed a godparent for their child, that the godparent will be able to step in to take care of the children if they were to die, but this is not the case.’

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Family Law, 7th October 2019

Source: www.familylaw.co.uk

Legal profession excels in social mobility league table – Law Society’s Gazette

Posted October 8th, 2019 in diversity, government departments, law firms, legal profession, news by sally

‘The legal profession once again dominates a league table of 75 employers doing the most to improve social mobility – occupying four spots in the top 10.’

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Law Society's Gazette, 8th October 2019

Source: www.lawgazette.co.uk

Army cadet trainer tricked boys into performing sex acts by posing as 15-year-old girl ‘bait’ – The Independent

‘An Army cadet trainer has been jailed after posing as 15-year-old girl to “bait” teenage boys into performing sex acts online.’

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The Independent, 7th October 2019

Source: www.independent.co.uk

Social services should not help man meet sex workers, judge rules – The Guardian

‘A judge has ruled that social services should not facilitate access to prostitutes for a man with learning disabilities who has a “high sex drive”.’

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The Guardian, 7th October 2019

Source: www.theguardian.com

Hostile environment ruled not a factor in death of Windrush man – The Independent

Posted October 8th, 2019 in benefits, citizenship, colonies, immigration, news by sally

‘A coroner has ruled that the Home Office’s “hostile environment” did not contribute to the death of a Windrush citizen who lost his life after spending months struggling to prove his right to live in the UK.’

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The Independent, 7th october 2019

Source: www.theguardian.com

Police failing to record thousands of crimes including harassment, stalking, and coercive behaviour, watchdog finds – Daily Telegraph

‘Police forces are failing to record thousands of crimes, including harassment, stalking, and coercive behaviour, a watchdog has found. New figures show a gap between the number of incidents that are reported and the number of incidents that are then logged appropriately.’

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Daily Telegraph, 8th October 2019

Source: www.telegraph.co.uk

Government review of abortion clinic buffer zones ‘misrepresents impact of protestors on patients’ – The Independent

‘A government review into buffer zones outside abortion clinics underplayed and misrepresented the impact of activists on staff and patients, a number of medical bodies and charities have claimed in a renewed call for better protections for women in vulnerable situations.’

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The Independent, 8th October 2019

Source: www.independent.co.uk