What the latest employment tribunal statistics reveal – Mills & Reeve

‘The Government published the latest quarterly and annual statistics last month. We explore what they reveal about the volume of claims and levels of compensation.’

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Mills & Reeve, 4th January 2023

Source: www.mills-reeve.com

Making Mediation Mandatory – Doughty Street Chambers

Posted January 5th, 2023 in chambers articles, dispute resolution, news, small claims by sally

‘The debate around whether mediation can or should be made mandatory has been around for some time. In July this year, the government announced their intention to implement mandatory mediation in all contested claims under £10,000 in the county courts; one driver being only 21% of small claims opt into the present Small Claims Mediation Scheme (SCMS).’

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Doughty Street Chambers, 22nd December 2022

Source: insights.doughtystreet.co.uk

The Return of Detrimental Reliance – Case Note: Hudson v Hathway [2022] EWCA Civ 1648 – Guildhall

‘The ever-troublesome common intention constructive trust (“CICT”) has been back before the Court of Appeal. Hudson v Hathway is a second appeal, from Kerr J. The first appeal was from HHJ Ralton in the County Court at Bristol.’

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Guildhall Chambers, 22nd November 2022

Source: www.guildhallchambers.co.uk

“The end of the beginning: 2021 in construction law” – Atkin Chambers

Posted January 5th, 2023 in building law, chambers articles, construction industry, coronavirus, news by sally

‘Rupert Choat highlights standout developments in construction law over the last 12 months as we sought to emerge from the pandemic.’

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Atkin Chambers, 16th December 2022

Source: www.atkinchambers.com

Disability discrimination – House of Commons Library

Posted January 5th, 2023 in disability discrimination, equality, news by sally

‘This briefing provides an overview of disability discrimination law and explains legal duties to consider the needs of disabled people.’

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House of Commons Library, 4th January 2023

Source: commonslibrary.parliament.uk

What reasonable steps does a party have to take to overcome a force majeure clause? – Mills & Reeve

Posted January 5th, 2023 in arbitration, charterparties, contracts, news by sally

‘Does a party have to accept non-contractual performance to mitigate the impact of a force majeure event?’

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Mills & Reeve, 4th January 2023

Source: www.mills-reeve.com

Mental health patient died of heroin overdose due to NHS trust neglect, inquest finds – The Guardian

Posted January 5th, 2023 in drug abuse, hospitals, inquests, mental health, news by sally

‘A patient in a secure mental health unit died after another patient injected him with heroin smuggled in as a result of staff failing to identify the risk he posed, an inquest has ruled.’

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The Guardian, 4th January 2023

Source: www.theguardian.com

Solicitor fails to persuade judge to reconsider unfair dismissal ruling – Legal Futures

Posted January 5th, 2023 in disciplinary procedures, news, solicitors, unfair dismissal by sally

‘An assistant solicitor who won his unfair dismissal claim solely on the basis of the procedure followed has failed to persuade the judge to reconsider his decision.’

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Legal Futures, 5th January 2023

Source: www.legalfutures.co.uk

Law & religion in the consistory courts 2022 – Law & Religion UK

‘The post Law & religion in the UK courts 2022 highlights some of the most significant UK religion cases in the secular courts over the past year. Decisions of the consistory courts of the Church of England have been reported on a monthly basis and these ~150 cases were summarized in our annual review. In this post, we summarize nine cases which demonstrate different aspects of ecclesiastical law which have been of interest during the year. These include: “contested heritage“; the practical aspects of the Church’s “net zero“ commitment; a variant on the “seats vs pews” debate; a hark back to the Pre-Raphaelites; the Burial Act 1855; and cautionary tales from the courts.’

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Law & Religion UK, 4th January 2023

Source: lawandreligionuk.com

Subsidy Control Act 2022: another new regime – Mills & Reeve

Posted January 5th, 2023 in brexit, competition, legislation, news, state aids by sally

‘The Subsidy Control Act 2022 is now, as of 4 January 2023, in force. The regime under the Act reflects the subsidy control chapter of the Trade and Cooperation Agreement which has governed UK subsidies since Brexit. This article provides a summary of the key changes made by the Act and how the regime will operate.’

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Mills & Reeve, 4th January 2023

Source: www.mills-reeve.com

Calls for public inquiry into abuses at Manston asylum centre in Kent – The Guardian

Posted January 5th, 2023 in assault, asylum, detention, inquiries, news by sally

‘Lawyers and human rights campaigners are calling for a public inquiry into abuse and other mistreatment at Manston, the controversial Kent processing centre for small boat arrivals, after it emerged that police were investigating allegations of assault.’

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The Guardian, 4th January 2023

Source: www.theguardian.com

Diabetic nurse sacked for taking medication from GP surgery wins £40,000 payout – The Independent

Posted January 5th, 2023 in compensation, dismissal, medicines, news, nurses, professional conduct by sally

‘A diabetic nurse who took medication from the GP surgery where she worked to avoid a hypoglycemic attack was awarded £40,000 after they sacked her.’

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The Independent, 4th January 2023

Source: www.independent.co.uk

Judge warns solicitors over witness statement compliance certificates – Legal Futures

‘The High Court has issued a stark warning to solicitors who sign a certificate of compliance on non-compliant witness statements so their clients can have their day in court.’

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Legal Futures, 4th January 2023

Source: www.legalfutures.co.uk

Anti-strike law could be brought forward as government tries to end disputes – The Guardian

‘Anti-strike legislation is expected to be brought forward later this week, as Rishi Sunak’s government scrambles to get a grip of the ongoing industrial disputes.’

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The Guardian, 4th January 2023

Source: www.theguardian.com

What Is In Store For Human Rights In 2023? – Each Other

Posted January 4th, 2023 in bills, brexit, deportation, human rights, immigration, news by sally

‘2022 may be remembered as one of the more turbulent years for human rights in the UK. Now, we look ahead at what might be in store for our rights in 2023.’

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Each Other, 4th January 2023

Source: eachother.org.uk

Case Comment: Khan v Meadows [2021] UKSC 21 – UKSC Blog

‘In this post Rebecca Khan, a Legal Support Assistant at Matrix Chambers, comments on the case of Khan v Meadows [2021] UKSC 21 – handed down on the 18th of June 2021. This appeal raised important questions about the application of the scope of duty principle in clinical negligence cases. The judgment is handed down together with the court’s judgment in Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20.’

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UKSC Blog, 4th January 2023

Source: ukscblog.com

Statutory Instruments – legislation.gov.uk

Posted January 4th, 2023 in legislation by tracey

SI 2022/1390 – The Public Contracts (Amendment) Regulations 2022

SI 2022/1389 – The Register of Overseas Entities (Verification and Provision of Information) (Amendment) Regulations 2022

SI 2022/1388 – The Architects (Fees, Electronic Communications and Miscellaneous Amendments) Regulations 2022

SI 2022/1403 – The Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2022

The Elections Act 2022 (Commencement No. 6 and Savings) Regulations 2022

SI 2022/1392 – The Education (Student Loans) (Repayment) (Amendment) (No. 5) Regulations 2022

SI 2022/1384 – The Professional Qualifications Act 2022 (Commencement No. 2) Regulations 2022

SI 2022/1383 – The Restriction of Hazardous Substances in Electrical and Electronic Equipment (Exemptions) (Fees) Regulations 2022

SI 2022/1382 – The Voter Identification Regulations 2022

SI 2022/1397 – The Voter Identification (Principal Area, Parish and Greater London Authority Elections) (Amendment) Rules 2022

SI 2022/1395 – The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2022

SI 2022/1393 – The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022

SI 2022/1391 – The Immigration Skills Charge (Amendment) Regulations 2022

SI 2022/1400 – The Conformity Assessment (Mutual Recognition Agreements) (Amendment) Regulations 2022

Source: www.legislation.gov.uk

Woman who lied about grooming gang guilty of perverting course of justice – The Guardian

‘A 22-year-old woman from Barrow-in-Furness has been found guilty of perverting the course of justice by telling “malevolent” lies about being trafficked by an Asian grooming gang and making false rape allegations against a series of white men.’

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The Guardian, 3rd January 2023

Source: www.theguardian.com

BAILII: Recent Decisions

Posted January 4th, 2023 in law reports by tracey

Supreme Court

Candey Ltd v Crumpler & Anor, Re Peak Hotels and Resorts Ltd [2022] UKSC 35 (21 December 2022)

Stanford International Bank Ltd v HSBC Bank PLC [2022] UKSC 34 (21 December 2022)

Court of Appeal (Civil Division)

S, Re (Children: Party Status) [2022] EWCA Civ 1717 (22 December 2022)

MOL (Europe Africa) Ltd & Ors v Mark McLaren Class Representative Ltd [2022] EWCA Civ 1701 (21 December 2022)

Braithwaite And Melton Meadows Properties Ltd, R (On the Application Of) v East Suffolk Council [2022] EWCA Civ 1716 (21 December 2022)

Green & Ors v The Commissioner of Police of the Metropolis [2022] EWCA Civ 1686 (21 December 2022)

Jennison v Jennison & Anor [2022] EWCA Civ 1682 (21 December 2022)

ED & F Man Capital Markets Ltd v Come Harvest Holdings Lts & Ors [2022] EWCA Civ 1704 (21 December 2022)

Maranello Rosso Ltd v Lohomij BV & Ors [2022] EWCA Civ 1667 (21 December 2022)

Source: www.bailii.org

Domestic Violence Indefinite Leave to Remain (DVILR) of the Immigration Rules breaches Article 14 of the ECHR – EIN Blog

Posted January 4th, 2023 in domestic violence, families, human rights, immigration, judicial review, news by sally

‘In these judicial review proceedings, Lieven J held that Appendix FM, specifically the Domestic Violence Indefinite Leave to Remain (DVILR) of the Immigration Rules, and the differential treatment between victims of spousal abandonment inside and outside the UK is not justified and therefore breaches of Article 14 of the ECHR and the Human Rights Act 1998. The fact that the rules protected victims of spousal abandonment if they were present in the UK when they were abandoned, but not if they were outside the UK having been tricked or coerced by their abusive spouse, severely impacted the article 8 rights of the latter victims and could not be justified by the SSHD. AM, the claimant was a national of Pakistan born in 1991. In 2017 she married IM, a British citizen, and she arrived in the UK in December 2017 on a spouse visa valid until August 2020. In December 2018 she gave birth to a daughter. She was subjected to very severe financial, physical, emotional and sexual domestic abuse and, sitting in the Family Division of the High Court, Theis J made findings of very serious domestic abuse against the father. The violence inflicted by IM on AM had resulted in severe and long-lasting physical harm including the removal of one of her ovaries and also a diagnosis of achalasia type 2, which resulted in a weight loss of over 30 kilos.’

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EIN Blog, 3rd January 2023

Source: www.ein.org.uk