‘The High Court granted a computer imaging order permitting an independent IT expert to investigate the Defendant’s computer and external hard drive to see if they contained the Claimant’s confidential information.’
Blackstone Chambers, 13th November 2017
Source: www.employeecompetition.com
‘The Supreme Court (‘SC’) on 1 November 2017 handed down judgment in Littlewoods Ltd and others v. HMRC [2017] UKSC 70. In a judgment of Lords Reed and Hodge (with whom Lords Neuberger, Clarke and Carnwath) agreed, the SC has unanimously allowed HMRC’s appeal against the decisions below of both Henderson J and the Court of Appeal (Arden, Patten and Floyd LJJ). The headline grabbing outcome is that approximately £17 billion of compound interest does not have to be paid by the Revenue to taxpayers who overpaid VAT and made Fleming claims for recovery. But the SC’s reasoning is of much wider interest.’
Blackstone Chambers, 2nd November 2017
Source: www.blackstonechambers.com
‘The Court of Appeal has held that decisions of the Investigatory Powers Tribunal are immune from judicial review, as a result of the effect of a statutory ‘ouster’ clause in the Regulation of Investigatory Powers Act 2000.’
Blackstone Chambers, 23rd November 2017
Source: www.blackstonechambers.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
‘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
‘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
‘“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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
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