10 cases that defined 2017 – UK Human Rights Blog
‘2017 has been a dramatic year in global politics and no less in the world of human rights law.’
UK Human Rights Blog, 22nd December 2017
Source: ukhumanrightsblog.com
Taking stock of the gig economy: lessons for technology companies – Panopticon
‘A combination of high profile cases and policy announcements about the so-called “gig economy” has a particular resonance for technology companies. Technological change has transformed the labour market, which has given added urgency to finding better solutions to three much older problems:
– How should we best draw the line between the independent contractors, workers and employees?
– Should the self-employed and employees be taxed differently?
– How should personal service companies be treated for tax purposes?’
Panopticon, 2nd January 2018
Source: www.technology-law-blog.co.uk
Candy Crush (-es Holyoake) – Panopticon
‘Readers of this blog will recall an important DPA judgment, particularly on the legal professional privilege exemption, which came out in January 2017 called Holyoake v Candy & CPC [2017] EWHC 52 (QB) (see the blogpost here). That case has, however, involved various pieces of satellite litigation including a 193 page judgment of Nugee J handed down just before Christmas in Holyoake & Hotblack v Candy & Candy & others [2017] EWHC 3397 (Ch).For some reason the parties to the extensive Chancery proceedings appear to have seen as most important the multi-million pound claims for misrepresentation, duress, unlawful means conspiracy, interference with economic interests, undue influence, breach of consumer credit legislation, breach of the rule against penalty clauses and the exotically named extortion under colour of due process. For very detailed and lengthy reasons which it is unnecessary to set out here, Nugee J rejected all of Mr Holyoake’s various claims. The judge made numerous adverse findings in respect Mr Holyoake’s performance as a witness, although it is fair to say that the Candy brothers did not escape without some measure of criticism either. (I should declare that I acted for Candy and CPC in the earlier DPA proceedings; although all of the Panopticon editors were on one side or the other.)’
Panopticon, 29th December 2017
Source: panopticonblog.com
Rules on properties requiring HMO licence to be strengthened from April – Local Government Lawye
‘Landlords renting properties in England occupied by five or more people, from two or more separate households, will need to hold a house of multiple occupation (HMO) licence from April 2018, Housing Minister Alok Sharma has announced.’
Local Government Lawyer, 2nd January 2018
Source: www.localgovernmentlawyer.co.uk
MoJ spending huge sums on consultants to help deliver digital courts – The Guardian
‘The Ministry of Justice is spending tens of millions of pounds on management consultants to help deliver online and digital court programmes that are designed to save money and improve access to justice.’
The Guardian, 2nd January 2018
Source: www.theguardian.com
Law Pod UK Ep. 20: Assessing discrimination in faith-based state schools – 1 COR
‘Following Ofsted winning a judgment against an Islamic co-education state school, Rosalind English talks to Rajkiran Barhey about measuring unlawful discrimination in cases where two groups of students are treated equally, but separately, by their school.’
Law Pod UK, 21st December 2017
Source: audioboom.com
Defendant entitled to withdraw admission after tenfold increase in claim, appeal judges rule – Litigation Futures
‘A defendant was entitled to withdraw admission of liability in the face of a personal injury claim which rocketed in size from less than £25,000 to over £300,000, the Court of Appeal has ruled.’
Litigation Futures, 3rd January 2018
Source: www.litigationfutures.com
Judge criticises prosecutors after another blunder in a sex case – Daily Telegraph
‘A judge has criticised prosecutors after they failed to hand over crucial evidence that could have exonerated a wealthy businessman standing trial for alleged sexual assault.’
Daily Telegraph, 2nd January 2018
Source: www.telegraph.co.uk
Freed to kill again – and again: Theodore Johnson and the truth about domestic violence – The Guardian
‘This week, Theodore Johnson pleaded guilty to murdering his ex-partner – the third woman he has killed. Is this a uniquely tragic triple crime, or a systemic failure to take domestic violence seriously?’
The Guardian, 3rd January 2018
Source: www.theguardian.com
Dating website eHarmony’s ‘scientific’ match ad banned – BBC News
‘A dating website’s claim that it used a “scientifically proven matching system” to pair up those looking for love, has been banned.’
BBC News, 3rd January 2018
Source: www.bbc.co.uk
Give paralegals rights of audience “so they can do more legal aid work” – Legal Futures
‘Paralegals should be given rights of audience to enable them to do more legal aid work, an academic has argued.’
Legal Futures, 4th January 2018
Source: www.legalfutures.co.uk
Law Pod UK Ep. 19: The High Court rules on a planning authority decision – 1 COR
‘Rosalind English talks to Charlotte Gilmartin about the implications of a recent High Court ruling overturning Hackney council’s decision to allow permission to demolish part of a historic canal side building.’
Law Pod UK, 21st December 2017
Source: audioboom.com
Police ‘ignoring’ needs of detainees on periods – BBC News
‘Police are “routinely ignoring” the needs of women detainees on their periods, the Independent Custody Visiting Association (ICVA) has said.’
BBC News, 4th January 2018
Source: www.bbc.co.uk
Tribunal rules against total secrecy over UK drone strikes – The Guardian
‘The government’s power to block requests for information on national security grounds has been significantly curtailed by a tribunal ruling over targeted killings of British jihadists abroad.’
The Guardian, 4th January 2018
Source: www.theguardian.com
Christmas Break
There will be no posts during the Inner Temple Library’s Christmas closure period which starts at 2pm on 21st December. We will resume posting on 4th January 2017.
Happy Christmas and thanks for reading!
Restitution claims for failure to pay for aftercare services – Community Care Blog
‘If an individual has in years past paid him or herself for mental health aftercare services, which should have been paid for by public bodies, does that person have a valid restitution claim to be refunded the monies spent? The Court of Appeal in Richards v Worcestershire County Council [2017] EWCA Civ 1998 has upheld the decision of Newey J at first instance, that a claimant can bring a private law action against public authorities under Part 7 of the CPR, when it is alleged that:
· the public authority was responsible for providing mental health aftercare services to the claimant pursuant to section 117 of the Mental Health Act 1983;
· aftercare services were received by the claimant; and
· those services were paid for by the claimant themselves.
Such a claim would be brought in restitution, on the basis that the payments made by the claimant served to relieve the public authority of liabilities which they ought to have been bearing under section 117.’
Community Care Blog, 18th December 2017
Source: communitycare11kbw.com
