The Supreme Court makes Indirect Discrimination simple again – 11 KBW

Posted April 6th, 2017 in age discrimination, appeals, civil servants, employment, news, race discrimination, sex discrimination, Supreme Court by sally

‘In the joined cases of Essop and Naeem ([2017] UKSC 27) the Supreme Court has taken on a daunting task: the simplification of indirect discrimination law. This is not a case note in the usual sense. We have not set out the facts, the law and then a statement of what is novel. At the hearing we tried to give the Supreme Court a new vocabulary to use as a tool for its analysis. The aim of this note is to explain that language as simply as we can. If we succeed, what we have to say will seem obvious. Those reading Lady Hale’s judgment (with which all of their Lordships agreed) will have had that experience. She has distilled, from an area of law that was submerging into great complexity, a handful of principles that dispel confusion and whch make intractable issues straightforward.’

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11 KBW, 5th April 2017

Source: www.11kbw.com

University lecturer jailed after using bitcoins to buy drugs over ‘dark web’ that led to friend’s death – Daily Telegraph

Posted April 6th, 2017 in cryptocurrencies, drug offences, internet, news, sentencing, teachers, universities by sally

‘A university lecturer has been jailed after buying a cocktail of drugs over the “dark web” that led to the death of his friend.’

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Daily Telegraph, 5th April 2017

Source: www.telegraph.co.uk

Cricketer Mustafa Bashir attack sentence to be reviewed – BBC News

Posted April 6th, 2017 in complaints, domestic violence, news, sentencing by sally

‘A cricketer’s sentence for domestic abuse is to be reviewed amid an outcry over the judge’s “leniency”.’

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BBC News, 5th April 2017

Source: www.bbc.co.uk

Truss’s plan to increase probate fees may not be legally enforceable – The Guardian

Posted April 6th, 2017 in enforcement, fees, news, probate, reports, select committees by sally

‘Government plans to raise £300m by increasing probate fees – payable when claiming inheritances – may not be legally enforceable, a parliamentary committee has said. A report by the joint committee on statutory instruments has suggested that the Ministry of Justice may not have the authority to introduce the charges of up to £20,000 per estate.’

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The Guardian, 6th April 2017

Source: www.guardian.co.uk

Rape victims with records of minor offences regularly denied compensation – The Independent

Posted April 6th, 2017 in compensation, criminal records, news, rape, victims by sally

‘Rape victims are routinely denied compensation because they have convictions for minor offences such as failing to pay a TV licence, according to a new study.’

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The Independent, 5th April 2017

Source: www.independent.co.uk

Rule 16.3(7) – Statement of under value to be included in the claim form? – 4 KBW

Posted April 6th, 2017 in civil procedure rules, claims management, damages, defamation, documents, news, terrorism, valuation by sally

‘Sir David Eady J delivered a judgment on 30 March in the case of Mohamed Ali Harrath v Stand for Peace Limited and Samuel Westrop [2017] EWHC 653 (QB) (available here) in which he held that a claimant is entitled to recover damages that exceed the statement of value included in the claim form.’

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4 KBW, 30th March 2017

Source: www.4kbw.net

Immigration officers who claim promotion tests are discriminatory set to sue Home Office – Daily Telegraph

Posted April 6th, 2017 in age discrimination, civil servants, employment tribunals, human rights, immigration, news, race discrimination by sally

‘Black immigration officers struggled to pass promotion exams because the tests were racist, a court has heard. A group of 49 Home Office employees is now set to sue the Government over claims that the exams are discriminatory.’

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Daily Telegraph, 5th April 2017

Source: www.telegraph.co.uk

Gender pay gap reporting: Government’s new rules will not tackle financial inequality, critics warn – The Independent

Posted April 6th, 2017 in disclosure, employment, equal pay, news, reports, women by sally

‘Experts, including employment lawyers, HR professionals and campaigners, are warning that the Government’s new rules on gender pay reporting won’t do enough to tackle considerable financial inequality still overshadowing a multitude of industries.’

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The Independent, 5th April 2017

Source: www.independent.co.uk

Global v Aabar: The Court of Appeal state that contractual negotiations should be clear and unequivocal – 4 KBW

Posted April 6th, 2017 in agreements, appeals, contracts, news, telecommunications by sally

‘In the recent case of Global Asset Capital Inc and another v Aabar Block S.A.R.L and others [2017] EWCA Civ 37, the Court of Appeal held that the High Court was wrong to find that following a ‘subject to contract’ offer letter, a contract was concluded during a telephone call which was inconsistent with subsequent communications.’

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4 KBW, 31st March 2017

Source: www.4kbw.net

Video Link Evidence in the Commercial Court: Potential Pitfalls – Hardwicke Chambers

Posted April 5th, 2017 in diplomats, EC law, foreign jurisdictions, international law, international relations, live link evidence, news, practice directions, treaties, trials, witnesses by sally

‘In the 21st century commercial practitioners often approach the question of whether the court will hear evidence by video link as one of practicality. Questions they will commonly ask themselves include the following: will the witness be in London during the trial timetable? Will the witness be able to find time (and obtain consent from a current employer) to fly to London? Where physically could the video evidence be given and is that a suitable location? How sure can the court be that the witness is not receiving clandestine assistance “off-camera”? How secure is the video link and what is the sound and picture quality? Indeed in preparing a case that involves a number of witnesses who live and work overseas the possibility of live video evidence may well feature in trial preparation as a necessity rather than an option.’

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Hardwicke Chambers, 27th March 2017

Source: www.hardwicke.co.uk

The more things change, the more they stay the same – Hardwicke Chambers

Posted April 5th, 2017 in abuse of process, civil procedure rules, construction industry, courts, dispute resolution, enforcement, judges, mistake, news, summary judgments by sally

‘Every time we think the courts might have given defendants in adjudication enforcement proceedings slightly more latitude in raising their dissatisfaction with an adjudicator’s decision, the court brings us back down to earth with a bump and reminds us that, in fact, no matter how hard done by our clients feel, they will have to “pay now and argue later”, save in the rarest of cases.’

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Hardwicke Chambers, 27th March 2017

Source: www.hardwicke.co.uk

Freedom of speech, the Prevent duty and higher education – Law & Religion UK

Posted April 5th, 2017 in consultations, education, freedom of expression, human rights, legislation, news, religious discrimination, reports, terrorism prevention & investigation measures by sally

‘S 43 Education (No. 2) Act 1986 (Freedom of speech in universities, polytechnics and colleges) requires “Every individual and body of persons concerned in the government” of further and higher education institutions to “take such steps as are reasonably practicable to ensure that freedom of speech within the law is secured” for staff, students and visiting speakers. The institutions must ensure, “so far as is reasonably practicable”, that use of the premises is not denied to anyone on any ground connected with their beliefs, views, policy or objectives. On the other hand, the Prevent duty in s 26 Counter-Terrorism and Security Act 2015 requires specified authorities – including relevant higher education bodies – to have due regard in the exercise of their functions to the need to prevent people from being drawn into terrorism.’

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Law & Religion UK, 5th April 2017

Source: www.lawandreligionuk.com

UK charities fined for data law breaches – BBC News

Posted April 5th, 2017 in charities, Charity Commission, data protection, fines, misuse of private information, news by sally

‘Eleven charities have been fined by the UK’s data watchdog for misusing information about millions of past donors to seek further funds.’

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BBC News, 5th April 2017

Source: www.bbc.co.uk

BSB to launch plans for ‘barrister apprenticeships’ – Legal Futures

Posted April 5th, 2017 in barristers, consultations, legal education, news, professional conduct, universities by sally

‘The Bar Standards Board (BSB) is to launch a consultation this summer setting out the rule changes it needs to implement its fiercely contested training reforms, and among them will be a new route to qualification similar to solicitor apprenticeships.’

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Legal Futures, 4th April 2017

Source: www.legalfutures.co.uk

Crackdown on ‘disguised self-employment’ behind increased HMRC payroll tax take, says expert – OUT-LAW.com

Posted April 5th, 2017 in contracting out, employment, HM Revenue & Customs, news, self-employment, small businesses, sport, tax avoidance, taxation by sally

‘HM Revenue and Customs (HMRC) collected an additional £705 million in tax from investigations into companies’ payroll taxes last year, almost half of which was collected from small or medium-sized businesses (SMEs), according to new figures.’

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OUT-LAW.com, 4th April 2017

Source: www.out-law.com

Assisted dying again: R (Conway) – Law & Religion UK

Posted April 5th, 2017 in assisted suicide, disabled persons, human rights, judges, judicial review, news by sally

‘By 2:1, the Administrative Court has dismissed the application of Mr Noel Conway for a declaration that s 2(1) of the Suicide Act 1961 breached his human rights under Articles 8(1) and 14 ECHR.’

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Law & Religion UK, 3rd April 2017

Source: www.lawandreligionuk.com

Competition tribunal rejects bid to throw out first opt-out class action application – Litigation Futures

Posted April 5th, 2017 in adjournment, budgets, class actions, compensation, competition, damages, EC law, human rights, news, tribunals by sally

‘The Competition Appeal Tribunal (CAT) has rejected strenuous attempts to dismiss the first application to certify an opt-out class action under the new collective proceedings procedure.’

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Litigation Futures, 5th April 2017

Source: www.litigationfutures.com

Parking fine appeal success varies between council areas – BBC News

Posted April 5th, 2017 in appeals, fines, freedom of information, local government, news, parking, statistics by sally

‘The likelihood of successfully challenging parking fines varies widely depending on where drivers get a ticket, research has shown.’

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BBC News, 5th April 2017

Source: www.bbc.co.uk

First ‘snapshot’ of gender pay gap due as reporting requirements come into force – OUT-LAW.com

Posted April 5th, 2017 in disclosure, employment, equal pay, news, Northern Ireland, regulations, statistics by sally

‘Large UK employers will begin publishing their gender pay gaps over the coming months, based on the pay which their employees receive within the pay period in which today’s date falls.’

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OUT-LAW.com, 5th April 2017

Source: www.out-law.com

Routine denial of access to court file in procurement claims is wrong: judge – Local Government Lawyer

Posted April 5th, 2017 in confidentiality, courts, documents, judges, news, public procurement by sally

‘A practice where all public procurement claims are being marked on the court file as “private”, so that access to the court file in such cases is being routinely denied, is wrong in principle, the judge in charge of the Technology and Construction Court (TCC) has ruled.’

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Local Government Lawyer, 4th April 2017

Source: www.localgovernmentlawyer.co.uk