Care provider wins Court of Appeal battle over sleep-in shifts and minimum wage – Local Government Lawyer

Posted July 16th, 2018 in care workers, minimum wage, news by sally

‘The National Minimum Wage (NMW) does not apply to sleep-in shifts unless the worker is awake for the purpose of working, the Court of Appeal has reportedly ruled. It has been estimated that if Mencap, the appellant, had lost the case, it would have cost the care sector an estimated £400m in back-dated pay and £200m a year from 2020.’

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Local Government Lawyer, 13th July 2018

Source: www.localgovernmentlawyer.co.uk

“Significant barriers” exist for disabled lawyers – Legal Futures

Posted July 16th, 2018 in disabled persons, legal profession, news by sally

‘Disabled people seeking employment or working in the legal profession are “an untapped resource”, according to ground-breaking research. It found a profession not set up to accommodate the needs of disabled people in or wanting to join the profession.’

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Legal Futures, 16th July 2018

Source: www.legalfutures.co.uk

The scale and drivers of attrition in reported fraud and cyber crime – Home Office

Posted July 16th, 2018 in computer crime, fraud, reports by sally

‘Outlines findings from a research study looking at the level of attrition in fraud and cyber crime cases reported to Action Fraud..’

Full report

Home Office, 16th July 2018

Source: www.gov.uk/home-office

Care home boss who stole millions from residents jailed – Crown Prosecution Service

Posted July 16th, 2018 in care homes, conspiracy, false accounting, fraud, money laundering, press releases, theft by sally

‘The owner of a care home who tried to defraud residents out of £4.1million by isolating them from their families and persuading them to make him a beneficiary of their wills has been jailed today.’

Full press release

Crown Prosecution Service, 13th July 2018

Source: www.cps.gov.uk

Achieving sea-change: criminal disclosure failures – Counsel

Posted July 16th, 2018 in Crown Prosecution Service, disclosure, news, prosecutions, reports by sally

‘Too little, too late? As the CPS publishes its disclosure review, Narita Bahra and Fiona Robertson assess whether its assurances and safeguards can possibly achieve the pledged sea change.’

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Counsel, July 2018

Source: www.counselmagazine.co.uk

Reaching the point of no [search] return – Counsel

Posted July 16th, 2018 in criminal records, data protection, internet, news by sally

‘Google fail? Heather Rogers QC puts the legal record straight on the first two ‘right to be forgotten’ cases – tried under the twilight data protection regime but with issues far from resolved.’

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Counsel, July 2018

Source: www.counselmagazine.co.uk

Widowed father ordered to leave UK against advice of Home Office’s own lawyers – The Guardian

Posted July 16th, 2018 in bereavement, carers, children, immigration, news, terrorism by sally

‘A widower who is the sole carer of his four-year-old son has been forbidden to work and ordered to leave the country – even though the Home Office’s own lawyers advised them to drop the case.’

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The Guardian, 16th July 2018

Source: www.theguardian.com

Reporting restrictions ‘prevent scrutiny’ of economic crimes – The Guardian

Posted July 16th, 2018 in bribery, fraud, news, private hearings, reporting restrictions by sally

‘Excessive court reporting restrictions, inadequate listing information and difficulties in obtaining documents are preventing scrutiny of economic crimes and bribery cases, according to a report by Corruption Watch UK.’

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The Guardian, 16th July 2018

Source: www.theguardian.com

Legal challenge to the new model of health and social care bodies – Community Care Blog

Posted July 13th, 2018 in community care, contracting out, contracts, health, news by sally

‘In the recent case of R (Hutchinson & Anor) v Secretary of State for Health and Social Care & Anor the Administrative Court considered a challenge to the creation of a new model for the provision of health and social care in England.’

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Community Care Blog, 10th July 2018

Source: communitycare11kbw.com

New UK trade mark laws finalised – OUT-LAW.com

Posted July 13th, 2018 in news, trade marks by sally

‘New UK trade mark laws have been finalised, although they will not take effect until early next year.’

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OUT-LAW.co., 13th July 2018

Source: www.out-law.com

The reverse charge: shaking up VAT on construction services – Practical Law: Construction Blog

Posted July 13th, 2018 in construction industry, news, VAT by sally

‘1 October 2019 will see a significant shake-up of the VAT rules in the construction sector. New rules will come into force on that date which will, in many cases, require the recipient of the supply of construction services, rather than the supplier, to account for VAT on the supply. Large and small businesses making standard-rated or reduced-rated supplies of construction services may be impacted. There may be cash flow implications, which could be positive or negative, for the businesses concerned.’

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Practical Law: Construction Blog, 11th July 2018

Source: constructionblog.practicallaw.com

Recent Statutory Instruments – legislation.gov.uk

Posted July 13th, 2018 in legislation by sally

The Electronic Presentment of Instruments (Evidence of Payment and Compensation for Loss) Regulations 2018

The Nursing and Midwifery (Amendment) Order 2018

The European Union (Definition of Treaties) (Canada Trade Agreement) Order 2018

The Visiting Forces (Designation) Order 2018

The Financial Market Infrastructure Administration (England and Wales) Rules 2018

The Financial Services (Banking Reform) Act 2013 (Commencement No. 1) (England and Wales) Order 2018

The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) (Amendment) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 13th, 2018 in law reports by sally

Court of Appeal (Civil Division)

Doherty v Fannigan Holdings Ltd [2018] EWCA Civ 1615 (12 July 2018)

Kamara v London Borough Of Southwark [2018] EWCA Civ 1616 (12 July 2018)

Secretary of State for the Home Department v MR (Pakistan) [2018] EWCA Civ 1598 (12 July 2018)

Thum v Thum [2018] EWCA Civ 624 (12 July 2018)

Personal Management Solutions Ltd & Anor v Brake Bros. Ltd & Ors [2018] EWCA Civ 1635 (12 July 2018)

M (BIIa Article 19: Court First Seised) [2018] EWCA Civ 1637 (12 July 2018)

Broughal v Walsh Brothers Builders Ltd & Anor [2018] EWCA Civ 1610 (10 July 2018)

High Court (Administrative Court)

Shumba & Ors v Public Prosecutor In Nanterre County Court, France & Ors [2018] EWHC 1762 (Admin) (12 July 2018)

Euro Garages Ltd v The Secretary of State for Communities And Local Government & Anor [2018] EWHC 1753 (Admin) (11 July 2018)

Buchanan vThe Crown Prosecution Service [2018] EWHC 1773 (Admin) (10 July 2018)

High Court (Chancery Division)

Angel Group Ltd v Davey [2018] EWHC 1781 (Ch) (12 July 2018)

LF2 Ltd v Supperstone & Anor (Administrators of Pennyfeathers Ltd) [2018] EWHC 1776 (Ch) (11 July 2018)

Signia Wealth Ltd v Vector Trustees Ltd [2018] EWHC 1774 (Ch) (11 July 2018)

Barker v Baxendale-Walker [2018] EWHC 1681 (Ch) (10 July 2018)

High Court (Commercial Court)

FM Capital Partners Ltd v Marino & Ors [2018] EWHC 1768 (Comm) (11 July 2018)

High Court (Queen’s Bench Division)

Sheffield City Council v Fairhall & Ors [2018] EWHC 1793 (QB) (12 July 2018)

Coghlan v Chief Constable of Manchester Greater Police & Ors [2018] EWHC 1784 (QB) (12 July 2018)

TPE v Franks [2018] EWHC 1765 (QB) (10 July 2018)

Source: www.bailii.org

Prosecution of Uber driver dismissed amid claims app was plying for hire – Local Government Lawyer

Posted July 13th, 2018 in internet, licensing, local government, news, taxis by sally

‘The Chief Magistrate, Dame Emma Arbuthnot, has dismissed a prosecution of a driver using the Uber App, based on an allegation that the App was a form of plying for hire. Philip Kolvin QC of Cornerstone Barristers, who appeared for the defendant, Mudassar Ali, said the judicial decision was the first on the topic.’

Full Story

Local Government Lawyer, 11th July 2018

Source: www.localgovernmentlawyer.co.uk

“No need” for judge who rejected permission to appeal to recuse herself from hearing – Litigation Futures

Posted July 13th, 2018 in appeals, judiciary, news, recusal by sally

‘There was no need for a judge who rejected permission to appeal on paper to recuse herself from the full hearing, the Court of Appeal has ruled. Lord Justice Patten said Her Honour Judge Baucher in Central London County Court had “done no more than indicate in her order” that the appeal would have no real prospect of success and there was “no other compelling reason” to grant permission.’

Full Story

Litigation Futures, 12th July 2018

Source: www.litigationfutures.com

Mayson to lead review of legal regulation – Legal Futures

Posted July 13th, 2018 in legal services, news, reports by sally

‘The Centre for Ethics & Laws at University College London is to hold an independent review into the regulatory framework for legal services. It will be led by Professor Stephen Mayson, a leading commentator on legal regulation.’

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legal Futures, 12th July 2018

Source: www.legalfutures.co.uk

Divorce & Financial Remedy Update, July 2018 – Family Law Week

Posted July 13th, 2018 in divorce, financial provision, news by sally

‘Sue Brookes, Principal Associate and Rose-Marie Drury, Senior Associate, both with Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during June 2018.’

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Family Law Week, 11th July 2018

Source: www.familylawweek.co.uk

Police and prosecution lawyers fail to correctly disclose evidence in nearly half of cases, watchdog says – Daily Telegraph

Posted July 13th, 2018 in disclosure, evidence, news, police, reports by sally

‘Police and prosecution lawyers are failing to correctly disclose evidence in nearly half of court cases, watchdog review has found.’

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Daily Telegraph, 12th July 2018

Source: www.telegraph.co.uk

Banker’s wife whose husband took mistress to his office party wins right to divorce him in England – Daily Telegraph

Posted July 13th, 2018 in choice of forum, divorce, news by sally

‘A multi-millionaire banker’s wife who found out her husband had taken his mistress to his office party has won the right to divorce him in England.’

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Daily Telegraph, 12th July 2018

Source: www.telegraph.co.uk

Government reinstates legal aid for child migrants in major U-turn – The Independent

Posted July 13th, 2018 in children, judicial review, legal aid, news, refugees by sally

‘The government has bowed to pressure to reinstate legal aid for child migrants in a major U-turn after admitting unaccompanied minors in the UK may have been denied access to justice. Campaigners, who said that access to justice for these vulnerable individuals is an “absolute lifeline”, hailed the decision after a five-year legal challenge.’

Full Story

The Independent, 12th July 2018

Source: www.independent.co.uk