“Do you get all of the service charge?” – Hardwicke Chambers

Posted December 12th, 2018 in employment, news, remuneration by sally

‘Look no further than this press release from BEIS on 1 October 2018 to gauge the government’s enthusiasm for highlighting that it has been thinking about policy and issues other than Brexit over the last couple of years:

“The government has announced plans to ensure that tips left for workers will go to them in full. While most employers act in good faith, in some sectors evidence points towards poor tipping practices, including excessive deductions being made from tips left by customers. New legislation, to be introduced at the earliest opportunity, will set out that tips must go to the workers providing the service.”’

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Hardwicke Chambers, 1st November 2018

Source: hardwicke.co.uk

Grenfell Tower: second phase of inquiry ‘could be delayed until 2020’ – The Guardian

Posted December 12th, 2018 in fire, health & safety, inquiries, news by sally

‘The next phase of the public inquiry into the Grenfell Tower fire could be delayed until 2020, according to counsel for one of the core participants, raising concerns that it could be at least three years after the disaster claimed 72 lives that it will report back fully.’

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The Guardian, 11th December 2018

Source: www.theguardian.com

Inquest concludes into self-inflicted death of Ellie Brabant in mental health unit run by Southern Health – Garden Court Chambers

Posted December 12th, 2018 in death in custody, inquests, mental health, news, suicide by sally

‘The inquest into the self-inflicted death of Ellie Brabant has concluded, with the coroner finding that the lack of a clear care plan, and the decision to discharge Ellie from Section 3 of the Mental Health Act more than minimally contributed to her death. Her family were represented by Sarah Hemingway of the Garden Court Chambers Civil Liberties Team.’

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Garden Court Chambers, 13th November 2018

Source: www.gardencourtchambers.co.uk

Artificial intelligence set to free solicitors from lower-level work: SRA – Local Government Lawyer

Posted December 12th, 2018 in artificial intelligence, legal services, news, solicitors by sally

‘Artificial intelligence (AI) will free up solicitors from lower-level work to carry out more complex tasks, a new report from the Solicitors Regulation Authority has said.’

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Local Government Lawyer, 12th December 2018

Source: www.localgovernmentlawyer.co.uk

Sexual assault victims waiting a year for counselling, MPs say – The Guardian

Posted December 12th, 2018 in budgets, news, sexual offences, social services, victims by sally

‘Sexual assault victims are waiting up to 14 months for counselling as specialist support services struggle to cope with unprecedented demand, MPs have said.’

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The Guardian, 11th December 2018

Source: www.theguardian.com

Ombudsman reminds councils of duty to provide alternative education – Local Government Lawyer

Posted December 12th, 2018 in local government, news, ombudsmen, school exclusions by sally

‘The Local Government and Social Care Ombudsman has issued a reminder to council school attendance teams that their duty to provide alternative education may arise for reasons other than exclusion and illness.’

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Local Government Lawyer, 12th December 2018

Source: www.localgovernmentlawyer.co.uk

High Court rules that Mineral Planning Authorities are not bound by statutory definition of fracking and can apply their own wider definitions – Garden Court Chambers

‘Councillor Paul Andrews was seeking permission at the High Court on 5 November 2018 to judicially review the Government’s decision to issue a written ministerial statement (WMS) on 17 May 2018 regarding the way in which local authorities should determine planning applications for fracking operations.’

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Garden Court Chambers, 6th November 2018

Source: www.gardencourtchambers.co.uk

Independent Case Review – Oxford Diocese – Law & Religion UK

Posted December 12th, 2018 in Church of England, clergy, disciplinary procedures, news by sally

‘Today, 12th December, the Diocese of Oxford has issued the following Press Release on the establishment of an Independent Case Review of the diocesan safeguarding response to allegations of spiritual abuse in the case of the Revd Tim Davis.’

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Law & Religion UK, 12th December 2018

Source: www.lawandreligionuk.com

Ripping Up the Mental Health Act? – Doughty Street Chambers

Posted December 12th, 2018 in detention, mental health, news, reports by sally

‘The final report of the Independent Mental Health Act Review (“Modernising the Mental Health Act: Increasing choice, reducing compulsion”) has been released. For an analysis of how the Review engages with the UNCRPD, see the post by my colleague Oliver Lewis.’

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Doughty Street Chambers, 6th December 2018

Source: insights.doughtystreet.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 12th, 2018 in legislation by sally

The Consumer Protection (Amendment etc.) (EU Exit) Regulations 2018

The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018

The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018

The Stamp Duty Land Tax (Administration) (Amendment) Regulations 2018

The Conservation of Habitats and Species and Planning (Various Amendments) (England and Wales) Regulations 2018

The Value Added Tax (Input Tax) (Specified Supplies) (Amendment) Order 2018

The Income Tax (Pay As You Earn) (Amendment No. 2) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 12th, 2018 in law reports by sally

Court of Appeal (Civil Division)

F (A Child : Placement Order: Proportionality) [2018] EWCA Civ 2761 (11 December 2018)

Morris v Swanton Care & Community Ltd [2018] EWCA Civ 2763 (11 December 2018)

The Secretary of State for the Home Department v SM (Rwanda) [2018] EWCA Civ 2770 (11 December 2018)

Stallion Eight Shipping Co. SA v Natwest Markets Plc [2018] EWCA Civ 2760 (11 December 2018)

High Court (Administrative Court)

Worthington, R (On the Application Of) v The Mother of Poppi Worthington & Ors [2018] EWHC 3386 (Admin) (11 December 2018)

Jet2.Com Ltd, R (On the Application Of) v Civil Aviation Authority [2018] EWHC 3364 (Admin) (10 December 2018)

High Court (Commercial Court)

Capital Alternatives Sales and Marketing Ltd v Nabas & Ors [2018] EWHC 3345 (Comm) (11 December 2018)

High Court (Queen’s Bench Division)

Chisholm v D & R Hankins (Manea) Ltd [2018] EWHC 3407 (QB) (10 December 2018)

Warsama & Anor v The Foreign And Commonwealth Office & Or (Bill of Rights – basis of damages in Convention Claims – loss of a chance – costs) [2018] EWHC 3393 (QB) (05 December 2018)

Source: www.bailii.org

Multiplicity of legal regulators “not helping AML fight” – Legal Futures

Posted December 12th, 2018 in financial regulation, money laundering, news by sally

‘The “multiplicity” of legal and accountancy regulators in the UK is not helping the fight against money laundering, the Financial Action Task Force (FATF) has complained.’

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Legal Futures, 12th December 2018

Source: www.legalfutures.co.uk

Poppi Worthington’s father fails in bid to clear his name – Daily Telegraph

Posted December 12th, 2018 in child abuse, coroners, inquests, judicial review, news by sally

‘The father of Poppi Worthington has failed in his latest bid to clear his name after the High Court ruled the coroner who said he “probably sexually assaulted” his daughter “cannot be faulted”.’

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Daily Telegraph, 11th December 2018

Source: www.telegraph.co.uk

What does the Brexit Withdrawal Agreement mean for the European Arrest Warrant? Read the small print… – Doughty Street Chambers

Posted December 12th, 2018 in brexit, EC law, extradition, news, warrants by sally

‘Whether you consider it is the duty of our fellow citizens to read the 599 pages of the Withdrawal Agreement before expressing an opinion on Brexit, it is certainly the duty of any lawyer entering the fray.’

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Doughty Street Chambers, 27th November 2018

Source: insights.doughtystreet.co.uk

Pupil brings legal action against school’s isolation policy – The Guardian

Posted December 12th, 2018 in disciplinary procedures, judicial review, news, school children by sally

‘Legal proceedings have been lodged in the high court against an academy trust for its use of so-called isolation units to discipline pupils.’

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The Guardian, 11th December 2018

Source: www.theguardian.com

Dublin returns to Italy give rise to an arguable breach of Article 3 ECHR – Garden Court Chambers

Posted December 12th, 2018 in asylum, EC law, human rights, judicial review, mental health, news by sally

‘Judgment in the test case of SM & Ors v SSHD was handed down by the Upper Tribunal on 4 December 2018. The Tribunal quashed the decision to certify SM and RK’s human rights claims as “clearly unfounded” on the basis that their particular vulnerability, combined with the latest evidence of profound problems with the Italian reception system meant that that the Secretary of State should either exercise the discretion to consider their claims here or obtain an assurance that they would be provided with appropriate accommodation. The evidence before the Tribunal predated the latest Italian government’s anti-migrant policies.’

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Garden Court Chambers, 4th December 2018

Source: www.gardencourtchambers.co.uk

London boroughs win out-of-borough housing claim at CoA – Local Government Lawyer

Posted December 12th, 2018 in homelessness, housing, local government, news by sally

‘Two London boroughs have won in the Court of Appeal over challenges to their policies on out-of-borough accommodation placements for homeless people.’

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Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk

Brighton ‘babes in the wood’ killer Russell Bishop jailed for life – The Guardian

Posted December 12th, 2018 in children, murder, news, sentencing by sally

‘The “babes in the wood” killer, Russell Bishop, has been jailed for life and ordered to serve a minimum of 36 years for the murder or two schoolgirls more than three decades ago.’

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The Guardian, 11th December 2018

Source: www.theguardian.com

A Comparative Perspective to Hybrid Dispute Resolution Fora: Jurisdiction, Applicable Law and Enforcement of Judgments – 4 New Square

Posted December 12th, 2018 in courts, dispute resolution, enforcement, international courts, jurisdiction, news by sally

‘Lecture by Sir Rupert Jackson for the Qatar Conference on ‘The Promise of Hybrid Dispute Resolution Fora’ on 18th November 2018.’

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4 New Square, 19th November 2018

Source: www.4newsquare.com

Oxbridge applicants misled by personal statements company, Advertising Standards Authority rules – Daily Telegraph

Posted December 12th, 2018 in advertising, complaints, consumer protection, news, universities by sally

‘Oxbridge applicants purchasing £150 pre-written personal statement were misled after believing they could pass them off as their own work, the Advertising Standards Authority has ruled.’

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Daily Telegraph, 12th December 2018

Source: www.telegraph.co.uk