Final Presidential words on transparency – Transparency Project
‘Sir James Munby, who retired as President of the Family Division at the end of July, has attracted a good deal of media attention over the years and has been innovative and enthusiastic about constructively engaging with the media. He was vocal as early as 2013 (in a speech to the Society of Editors) about his wish for the family courts and the Court of Protection to become more open and the important role of the media (the press in particular) to make the workings of the family justice system accessible to the public. Although the government had seemingly thrown in the transparency towel after the failed legislation of 2010, he was determined to address the perceived problem of lack of confidence in “secret” family courts.’
Transparency Project, 6th August 2018
Source: www.transparencyproject.org.uk
Fire safety duties for insolvency practitioners – OUT-LAW.com
‘When a business goes into insolvency, insolvency practitioners may become responsible for fire safety. Those responsibilities will change if the Hackitt Review’s post-Grenfell recommendations are implemented, particularly if the insolvency involves buildings where people sleep.’
OUT-LAW.com, 7th August 2018
Source: www.out-law.com
High Court hosts new mega-money Russian dispute – Law Society’s Gazette
‘Another high-profile foreign dispute, this time related to a stake in a Russian fishing company valued at more than a billion pounds, has opened in the High Court – though the relevance of England and Wales as a jurisdiction has again been called into question.’
Law Society's Gazette, 7th August 2018
Source: www.lawgazette.co.uk
Kieran Wilson on Case Management, Lists of Issues, and the Need to Know Your Case From the Start – Littleton Chambers
‘Case management is not typically regarded as the most glamorous aspect of litigation. This is understandable, since parties’ eyes are often fixed on the drama and stakes of the final hearing.’
Littleton Chambers, 26th June 2018
Source: www.littletonchambers.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Court of Appeal (Criminal Division)
Knagg & Ors, R v [2018] EWCA Crim 1863 (07 August 2018)Knagg & Ors, R v [2018] EWCA Crim 1863 (07 August 2018)
High Court (Administrative Court)
High Court (Chancery Division)
Saeed & Anor v Ibrahim & Ors [2018] EWHC 1804 (Ch) (03 August 2018)
Source: www.bailii.org
Scottish independence as a protected philosophical belief? McEleny – Law and Religion UK
‘The Herald reports that an employment tribunal has ruled that belief in an independent Scotland is a philosophical belief similar to a religion and is protected under equality legislation.’
Law and Religion UK, 7th August 2018
Source: www.lawandreligionuk.com
Judge calls for investigation into colleagues over race discrimination case – The Guardian
‘A judge is calling for an investigation into colleagues who tried to suspend him over remarks he made about racism and the judiciary after receiving a formal apology over the matter.’
The Guardian, 7th August 2018
Source: www.theguardian.com
BBC’s Panorama broke Ofcom rules by naming ‘anonymous’ teenager – BBC News
‘The BBC’s Panorama broke broadcasting rules by mistakenly revealing the first name of a teenager who was meant to be anonymous, TV watchdog Ofcom has said.’
BBC News, 6th August 2018
Source: www.bbc.co.uk
Analysing and Pleading Whistleblowing Claims Following the Court of Appeal’s Decision in Kilraine – Littleton Chambers
‘As most employment lawyers will testify, whistleblowing claims are easy to allege, but hard to prove and even harder to win.’
Littleton Chambers, 16th July 2018
Source: www.littletonchambers.com
Appeal judges refuse compensation for schizophrenic who killed mother – Litigation Futures
‘The Court of Appeal has unanimously rejected a compensation claim brought by a schizophrenic woman who stabbed her mother to death.’
Litigation Futures, 7th August 2018
Source: www.litigationfutures.com
Government to face IWGB union in landmark court case for outsourced workers’ rights – The Independent
‘The government is taking on a union in court in a landmark case that could have huge ramifications for the UK’s army of 3.3 million outsourced workers, many of whom have fewer rights and face worse pay and conditions than in-house colleagues doing the same jobs.’
The Independent, 7th August 2018
Source: www.independent.co.uk
The Perils of Unsigned Contracts of Employment and of Rushing to Court – Littleton Chambers
‘There are numerous important lessons to be learned from the judgment in Tenon FM Limited v Cawley which was handed down orally on Wednesday 25th July 2018 by HHJ Bidder QC sitting as a Judge of the High Court but the main ones are:
1. Do not underestimate the difficulty of persuading a Court, even at the interim stage, to enforce restrictive covenants in a contract which the employee has not signed;
2. Where an employer is seeking to enforce restrictive covenants which it has introduced after the commencement of the employment, make sure its evidence in support sets out the consideration that was provided in respect of the same; and
3. Absent any real urgency, give the employee a genuine opportunity to respond to the employer’s concerns before issuing proceedings.’
Littleton Chambers, 26th July 2018
Source: www.littletonchambers.com
In praise of the 1961 Statelessness Convention – by Alison Harvey – No. 5 Chambers
‘It is a lot better to have a stateless person’s travel document than to be undocumented. A lot better to have leave as a stateless person than none. But a stateless person with a travel document and leave is still stateless. The 1954 Convention on the Status of Stateless Persons is familiar because of its close resemblance to the 1951 Refugee Convention and, perhaps because of this, it is easy for it to dominate discussions. But the big prizes are to be had in implementing the 1961 Convention on the Reduction of Statelessness, in prevention and reduction of statelessness.’
No. 5 Chambers, 27th July 2018
Source: www.no5.com
Not NPPF2: A case about prior approval applications and appeals – No. 5 Chambers
‘As Parliament rises for the summer recess it leaves us with a revised Framework and a call for evidence on the appeals system. As a diversion from the commentary on the former, and of some relevance to the later, this note looks at a case on prior approval for PD.’
No. 5 Chambers, 26th July 2018
Source: www.no5.com
Mills v Mills Spousal Maintenance – A Meal Ticket for Life? – No. 5 Chambers
‘On the 18th July, 2018, the Supreme Court determined that the Court of Appeal erred in increasing Ms Mills’ (hereafter ‘W’) periodical payments from £13,200 to £17,292 – the increase of £4,092 being the deficit in W’s ‘Needs Budget’ prepared for the substantive application to vary her periodical payments upwards; her ‘needs’ including her costs of renting a property when capital provision had been settled to meet her housing need.’
No. 5 Chambers, 24th August 2018
Source: www.no5.com
Does AYBS cue the introduction of a fast track approach for the Coroner? – Park Square Barristers
‘Lorraine Harris looks at the recent case of Adath Yisroel Burial Society (AYBS) and its impact on how the Coroner should approach requests for the expedition of cases.’
Park Square Barristers, 20th July 2018
Source: www.parksquarebarristers.co.uk
NHS Could be Taken to Court for Denying Transgender Patients Equal Fertility Rights – Rights Info
‘NHS England is being threatened with legal action if it does not start offering fertility treatments to transgender patients.’
Rights Info, 6th August 2018
Source: rightsinfo.org
