UK government publishes post-Brexit customs legislation – OUT-LAW.com
‘Legislation that will underpin the UK’s standalone post-Brexit customs regime has been published by the government.’
OUT-LAW.com, 22nd November 2017
Source: www.out-law.com
The limits of protest and free speech – Legal Action
‘Steve Hynes discusses the controversy surrounding anti-abortion protests outside an abortion clinic in west London and its possible implications for human rights law.’
Legal Action, November 2017
Source: www.lag.org.uk
Local Authority Decisions on Level of Fees They Will Pay For Residential Care Under National Assistance Act 1948 (Pre-Care Act 2014) – Garden Court Chambers
‘This case concerned care costs for residential care homes and Local authorities’ powers and duties. In summary the Court of Appeal held by a majority that there was nothing in the applicable guidance that precluded a local authority from taking account of certain revenue streams (namely private fees, top-up payments and support from the NHS) when making the evaluative judgment of what it would expect to pay for residential care for the elderly.’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
The Problem of Iago: Whistleblowing and Tainted Information Part 1 – Littleton Chambers
‘“Tainted information”, or “Iago”, cases, in which employers are manipulated into dismissing employees by their co-workers, have thrown up difficult questions for Tribunals in both whistleblowing and discrimination claims. The latest guidance has been given in two recent cases: Royal Mail Ltd v Jhuti [2017] EWCA Civ 1632 and International Petroleum Ltd v Osipov [2017] UKEAT/0058/17.’
Littleton Chambers, 22nd November 2017
Source: www.littletonchambers.com
John Bowers QC on Employment Law – Littleton Chambers
‘The following commentary is the latest in a series of Employment Law blog posts by John Bowers QC.’
Littleton Chambers, 20th November 2017
Source: www.littletonchambers.com
Sexual Harassment in the Workplace: A Widespread Problem – Old Square Chambers
‘Recent revelations in both America and the United Kingdom have shone a spotlight on the issue of sexual harassment and highlighted how common it is in the workplace. This is reflected in a recent survey carried out by the TUC: 52% of the women surveyed said that they had experienced some form of sexual harassment at work, nearly a quarter had experienced unwanted touching – like a hand on the knee or lower back at work -, and a fifth had experienced unwanted verbal sexual advances at work.’
Old Square Chambers, 15th November 2017
Source: www.oldsquare.co.uk
Interests of a bankrupt’s creditors remain of paramount importance (Pickard and another (Joint Trustees in Bankruptcy of Constable) v Constable) – Hardwicke Chambers
‘Lina Mattsson outlines the recent restructuring and insolvency case, Pickard and another (Joint Trustees in Bankruptcy of Constable) v Constable. She explains that this appeal reaffirms that even in situations with exceptional circumstances, the interests of a bankrupt’s creditors remain of paramount importance and that cogent evidence is crucial to support any application to suspend possession.’
Hardwicke Chambers, 14th November 2017
Source: www.hardwicke.co.uk
Benkharbouche: EU Law reigns supreme (for now) & other important lessons – Cloisters
‘The legal press has mostly viewed Benkharbouche v SOS for Foreign and Commonwealth Affairs [2017] UKSC 62 in the Supreme Court [“SC”] as a case which simply addresses the interplay between State Immunity and the Employment Tribunals. But, the other significance to this case is that it contains commentary the on the supremacy of EU Law, the role and significance of the Charter of Fundamental Rights of the EU (“CFREU”) and the way in which it confers a free standing route to dis-applying primary legislation as well as raising questions on the impact of Brexit. It follows that it is essential reading for employment lawyers. Jacques Algazy QC analyses these issues in this blog.’
Cloisters, 2nd November 2017
Source: www.cloisters.com
Who protects the social workers? – Transparency Project
‘When a child dies, it is often social workers whose names pop up in the press, who are vilified and blamed. Following the recent media attention around the death of adopted Elsie Scully-Hicks (Shayla), this has become a topic of discussion again within the social work community – not that it has ever gone away.’
Transparency Project, 22nd November 2017
Source: www.transparencyproject.org.uk
A bitter taste in the mouth of travel providers? The Court of Appeal’s Decision in Wood v TUI Travel plc T.A. First Choice 2017 EWCA Civ 11 – 4 KBW
‘The Court of Appeal was recently asked whether a couple could recover damages pursuant to the implied condition in section 4(2) of the Supply of Goods and Services Act 1982, (“the 1982 Act”), for harm suffered whilst on an all-inclusive holiday.’
4 KBW, 17th November 2017
Source: www.4kbw.net
Mental Capacity Guidance Note: A Brief Guide to Carrying Out Best Interest Assessments – 39 Essex Chambers
‘The purpose of this document is to provide for social workers and those working in front-line clinical settings a brief overview of the law and principles relating to the assessment of best interests. Its focus is on: (a) how to apply the MCA 2005 principles when assessing best interests; and (b) how to record your assessment, primarily in the context of health and welfare decisions. It is a companion to our brief guide to carrying out capacity assessments.’
39 Essex Chambers, 17th November 2017
Source: www.39essex.com
Recovery of Damages for Future Care Costs Does Not Disentitle a Person to After-Care Services Under Mental Health Act 1983 – Garden Court Chambers
‘The Court of Appeal determined that a person discharged from liability to be detained under s 3 Mental Health Act 1983 (MHA 1983) but who still required “after-care services” pursuant to s 117 of the Act was entitled to have his local authority provide such services under s 117 at any time before he had exhausted sums awarded to him in respect of costs of care for the injury he suffered.’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
Environmental Law News Update – Six Pump Court
‘In this latest Environmental Law News Update William Upton, Nicholas Ostrowski, Frances Lawson and Mark Davies consider the failure of Highways England’s plan for a Kent Lorry Park, the recent publication of the Environment Agency’s Enforcement and Sanctions Guidance, revisions to the EU ETS and the Powering Past Coal Alliance, and the new Conservation of Habitats and Species Regulations 2017.’
Six Pump Court, 20th November 2017
Source: www.6pumpcourt.co.uk
Legal Aid Cuts: A Future of Mandatory Pro Bono Work? – RightsInfo
‘Cuts to legal aid have had a huge impact on access to justice, as confirmed by various reports over the last few years.’
RightsInfo, 23rd November 2017
Source: rightsinfo.org
Compensation for Paralympian unable to use toilet on train – The Guardian
‘Paralympian athlete Anne Wafula Strike has won a financial settlement from CrossCountry trains after she was forced to wet herself on a rail journey because the accessible toilet was not working.’
The Guardian, 21st November 2017
Source: www.theguardian.com
Can a parking right be an easement? – Tanfield Chambers
‘Parking is a hot topic! There have been an extraordinary number of cases involving parking disputes over the last few decades, almost certainly because the absence of a right to park can substantially reduce the value of both commercial and residential land.’
Tanfield Chambers, 10th November 2017
Source: www.tanfieldchambers.co.uk
R (HC) v SSWP – Arden Chambers
‘The Supreme Court has held that legislation designed to limit the rights of Zambrano carers to claim certain types of social assistance, including assistance under Pt 7, Housing Act 1996, was lawful.’
Arden Chambers, 15th November 2017
Source: www.ardenchambers.com
Reasonable Belief in Adverse Possession – 14 Years Later – Hardwicke Chambers
‘The doctrine of adverse possession arises from the Limitation Act 1980. Section 15(1) provides that no action shall be brought by any person to recover any land after the expiration of 12 years from the date on which the right of action accrued. Sections 1-7 provide that at the expiration of the period of 12 years the title of the paper owner is extinguished. The claim of a person to a possessory title was therefore based on the negative effect of the extinguishment of the paper owner’s title, and the basic principle that what is required for a case in trespass is not ownership, but possession or a right to possession.’
Hardwicke Chambers, 9th November 2017
Source: www.hardwicke.co.uk
Out of Hours Order Under High Court’s Jurisdiction in Relation to Vulnerable Adults for Removal From Home and Detention in Hospital – No Claim Under HRA 1998 in Respect of Judicial Act – Garden Court Chambers
‘AM brought a claim for a declaration against the Lord Chancellor alleging breaches of Human Rights Act 1998 arising out of a judicial act, namely an order made in April 2016 by Mostyn J under the High Court’s inherent jurisdiction in relation to vulnerable adults.’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
Broadband firms must ditch ‘misleading’ speed ads – BBC News
‘Broadband firms will no longer be able to advertise their fast net services based on the speeds just a few customers get, from May next year.’
BBC News, 23rd November 2017
Source: www.bbc.co.uk
