‘Politicians from both opposition and government should be involved in appointing the most senior judges, Lady Hale has proposed.’
Litigation Futures, 23rd August 2017
Source: www.litigationfutures.com
‘A controversial agreement between the Association of Directors of Children’s Services and Cafcass over children’s care proceedings has been scrapped.’
Local Government Lawyer, 22nd August 2017
Source: www.localgovernmentlawyer.co.uk
‘On 6 August 2017, in advance of proposed legislation, the UK government published 8 ‘Key Principles’ regarding the cyber security of connected and autonomous vehicles. This is the second of a series of 4 blogs regarding those principles.’
Technology Law Update, 23rd August 2017
Source: www.technology-law-blog.co.uk
‘The handling of an investigation into the woman who first revealed the child sexual abuse scandal in Rotherham is to be examined, the BBC’s Victoria Derbyshire programme has learned.’
BBC News, 23rd August 2017
Source: www.bbc.co.uk
‘Justice minister Dominic Raab has conceded the UK would keep “half an eye” on rulings by the European Union’s highest court after Brexit as the government appeared to soften its stance on how heavily the bloc would influence UK law.’
The Guardian, 23rd August 2017
Source: www.theguardian.com
‘Almost everyone has an immediate intuitive understanding of direct discrimination. That is not to say that there are no difficult cases, but the core concept is easily grasped. Imagine an employer with an express policy of refusing to employ women. In a case of that sort the discrimination is obvious. To use the language of Equality Act 2010, s. 13, the employer treats women less favourably because of their sex. The reason for the simplicity of direct discrimination is that it usually needs no context for the discriminatory impact of the criterion to be apparent. The criterion is inherently discriminatory.’
11KBW, 10th August 2017
Source: www.11kbw.com
‘Protected disclosure claims continue to keep employment lawyers, Tribunals and the EAT busy. The attractions of whistleblowing claims for claimants are well rehearsed: no qualification period for unfair dismissal claims and no cap on compensation, plus a whistleblowing claim can raise the publicity stakes for respondents.’
11KBW, 10th August 2017
Source: www.11kbw.com
‘The Modern Slavery Act 2015 (“MSA”) came into force on 29 October 2015. It seeks to address the growing scourge of forced labour and human trafficking within these shores. It does so by creating various criminal offences in relation to holding another person in
slavery or servitude or requiring them to perform forced labour, and also in relation to the movement of persons with a view to exploiting them. However, MSA also has a broader aim. Part 6 of MSA contains provisions requiring transparency in supply chains. Businesses above a specified level of turnover are required to provide a statement setting out the steps taken in the course of a financial year to ensure that slavery and human trafficking is not taking place in any of its supply chains.’
11 KBW, 14th August 2017
Source: www.11kbw.com
‘The High Court has held that CPR 83.13 (permission required to issue a writ of possession) does not require that the occupier be given notice of the actual application for permission. What is required is that they should have sufficient knowledge about the case as a whole.’
Arden Chambers, 15th August 2017
Source: www.ardenchambers.com
‘The High Court has held that it is a question of fact whether accommodation occupied after the acceptance of a full housing duty under s.193(2), Housing Act 1996, but which was initially provided to the applicant under s.188, is a “dwelling” for the purposes of ss.3 and 5, Protection from Eviction Act 1977. In the present case, the appellant occupied the property as a dwelling and the notice to quit served on her was invalid because it did not contain the information prescribed by the Notices to Quit etc. (Prescribed Information) Regulations 1988 (SI 1988/2201).’
Arden Chambers, 10th August 2017
Source: www.ardenchambers.com
‘Andrew Skelly, of Hardwicke Chambers, considers the courts’ approach to easements, particularly the use of rights of way where the dominant tenement owner acquires additional land.’
Hardwicke Chambers, 14th August 2017
Source: www.hardwicke.co.uk
‘The Supreme Court today [30 July] allowed UNISON’s appeal and held that fees imposed in respect of proceedings in employment tribunals and the Employment Appeal Tribunal are unlawful because of their effects on access to justice.’
Blackstone Chambers, 30th July 2017
Source: www.blackstonechambers.com
‘The Court of Appeal has today given important guidance on how to assess compensation in cases where a claimant’s injury has multiple causes. The decision will be of particular relevance to cases where an employer’s conduct acts in conjunction with other factors to cause psychiatric harm, such as stress at work or depression, to a vulnerable employee.’
Blackstone Chambers, 31st July 2017
Source: www.blackstonechambers.com
‘At first glance, two recent judgments from the CAT may give the impression that the new UK class action regime is dead in the water. However, on closer inspection there is much in these judgments that prospective claimants will welcome.
Blackstone Chambers, 7th August 2017
Source: www.blackstonechambers.com
‘In this paper, presented at the recent Blackstone Chambers Employee Competition Seminar, Kerenza Davis addresses the tricky issue of protecting confidential documents when litigating in the areas of employee competition.’
Blackstone Chambers, 19th July 2017
Source: www.employeecompetition.com
‘On 25 July 2017, an FA Appeal Board allowed the appeal of Premier League player, Joey Barton, against the “excessive” ban on him from all football for 18 months, imposed as a result of breaches of The FA’s betting rules.’
Blackstone Chambers, 31st July 2017
Source: www.sportslawbulletin.org
‘S 1(1) Civil Partnership Act 2004 stipulates that only a same-sex couple may conclude a civil partnership: “A civil partnership is a relationship between two people of the same sex…”. Rebecca Steinfeld and Charles Keidan have sought judicial review of that provision and have been unsuccessful both at first instance and in the Court of Appeal.’
Law & Religion UK, 22nd August 2017
Source: www.lawandreligionuk.com
‘Can an employer be vicariously liable for sexual assaults perpetrated by an independent physician engaged to conduct health screening of employees? Yes, according to The Hon Mrs Justice Davies in Various Claimants v Barclays Bank PLC [2017] EWHC 1929 (QB) in a judgment handed down on 26th July 2017. Simon Anderson considers its reasoning, and its wider implications for employers.’
Park Square Barristers, 8th August 2017
Source: www.parksquarebarristers.co.uk
‘The Upper Tribunal upheld the First Tier Tribunal’s decision that units of accommodation designed for students were ‘dwellings’, but overturned the decision that such units were ‘separate dwellings’. As such, the FTT did not have jurisdiction to determine the amount of service charges payable by the units’ leaseholders under sections 18 to 30 of the Landlord and Tenant Act 1985.’
Tanfield Chambers, 31st July 2017
Source: www.tanfieldchambers.co.uk
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