Current Awareness – Page 1658 – Legal News selected by the Inner Temple Library

The Disabled Child: State Provision of Care & Education, and the Implications for a Civil Claim – Byrom Street Chambers

Posted July 12th, 2016 in children, disabled persons, health, local government, news, personal injuries, social services, special educational needs by sally

‘This paper seeks to outline:
a. Local Authority (“LA”) obligations to provide care or other services to children under the Children Act 1989 and the Chronically Sick and Disabled Persons Act 1970
b. LA obligations under the Children and Families Act 2014 in relation to special educational needs and disability.’

Byrom Street Chambers, 14th June 2016

Source: www.byromstreet.com

Sheryn Omeri considers the Chilcot Report and its implications for Blair and victims of war in Iraq – Cloisters

Posted July 12th, 2016 in compensation, inquiries, international courts, Iraq, news, prosecutions, reports, victims, war by sally

‘At 11am on 6 July 2016, the report of the 7-year-long Iraq Inquiry was released.’

Cloisters, 11th July 2016

Source: www.cloisters.com

Brexit and Mrs Webb: Return of the sick man versus pregnant woman? – Cloisters

Posted July 12th, 2016 in brexit, EC law, employment, news, sex discrimination, treaties by sally

‘The EU widened the scope of protection against gender discrimination considerably. Advancements have included protection relating to equal pay, paid time off for antenatal appointments, pregnancy discrimination, parental leave and urgent time off for family reasons, paid maternity leave and the right to equal treatment for part-time, fixed-term and agency workers.’

Cloisters, 22nd June 2016

Source: www.cloisters.com

Joint and several obligations – Hardwicke Chambers

Posted July 12th, 2016 in appeals, contracts, damages, joint liability, news, sale of land by sally

‘Andy Creer considers the recent decision of Laditi and another v Marlbray Ltd [2016] EWCA Civ 476 in which Brie Stevens-Hoare QC and Lina Mattsson acted for the Claimants/Respondents.’

Hardwicke Chambers, 13th June 2016

Source: www.hardwicke.co.uk

A judge by any other name would smell… much the same – Hardwicke Chambers

Posted July 12th, 2016 in boundaries, covenants, enfranchisement, jurisdiction, land registration, leases, news, pilot schemes, service charges, tribunals by sally

‘Did you know that a judge of the First-tier Tribunal (Property Chamber) may be able to hear a county court case and vice versa? Under a scheme being piloted at present, such a thing is indeed possible.’

Hardwicke Chambers, 13th June 2016

Source: www.hardwicke.co.uk

A balancing act: a landlord’s right to build and a tenant’s right to quiet enjoyment – Henderson Chambers

Posted July 12th, 2016 in compensation, construction industry, landlord & tenant, news, noise by sally

‘Judgment has been handed down by the High Court in the matter of Timothy Taylor Ltd v Mayfair House Corporation and another [2016] EWHC 1075 (Ch), a case which raised in an acute form the conflict between a landlord’s right to build and a tenant’s right to quiet enjoyment.’

Henderson Chambers, 1st July 2016

Source: www.hendersonchambers.co.uk

Benjamin Gray Discusses Taiwo v Olaigbe: Discrimination on Immigration Status is not Race Discrimination – Littleton Chambers

Posted July 12th, 2016 in appeals, employment, employment tribunals, immigration, news, race discrimination, Supreme Court by sally

‘The Supreme Court has held that less favourable treatment on the grounds of or because of immigration status is not discrimination because of nationality in Taiwo v Olaigbe and another [2016] UKSC 31.’

Littleton Chambers, 23rd June 2016

Source: www.littletonchambers.com

‘Avoiding Too Narrow a Focus on Relief from Sanctions’ – Littleton Chambers

Posted July 12th, 2016 in appeals, disclosure, documents, evidence, news, sanctions by sally

‘Ashley Cukier considers the decision in McTear and another v Engelhard and others [2016] EWCA Civ 487, the successful appeal of a first instance judgment handed down after Mitchell but before Denton.’

Littleton Chambers, 9th July 2016

Source: www.littletonchambers.com

Expanding the Frontiers of Indirect Discrimination: Disadvantage and Associative Discrimination – Littleton Chambers

Posted July 12th, 2016 in appeals, EC law, employment, employment tribunals, equality, judgments, news by sally

‘This paper address recent developments where the courts have considered the fundamental concepts of discrimination law and, the case law has both expanded the frontiers of discrimination whilst at the same time created some difficult hurdles for Claimants. The issues can best be considered by way of a factual example, which is set out below, and which will be considered at each stage of the paper.’

Littleton Chambers, 7th June 2016

Source: www.littletonchambers.com

Liability of the MIB for Insolvent Insurers – Park Square Barristers

Posted July 12th, 2016 in appeals, insolvency, insurance, Motor Insurers’ Bureau, news by sally

‘Caroline Wood considers the recent Court of Appeal decision concerning the liability of the MIB where an insurer has become insolvent.’

Park Square Barristers, 3rd June 2016

Source: www.parksquarebarristers.co.uk

Almost half of female barristers have experienced discrimination, major report finds

Posted July 12th, 2016 in barristers, harassment, news, reports, sex discrimination, women by sally

‘Almost half of female barristers (45%) have experienced discrimination at work and 40% have experienced harassment, a major report by the Bar Standards Board (BSB) has found.’

Legal Futures, 12th July 2016

Source: www.legalfutures.co.uk

No Nisi, No Dice – Tanfield Chambers

Posted July 12th, 2016 in appeals, costs, divorce, litigants in person, news by sally

‘In K v K (Financial Remedy Final Order prior to Decree Nisi) 2016 EWFC 23, Cobb J remitted a case for rehearing on the basis that the trial judge had made an order prior to the grant of decree nisi of divorce. The case provides a salutary warning for lawyers about the limits of the Family Court’s powers to correct what was an innocent and – at first glance – merely procedural mistake.’

Tanfield Chambers, 22nd June 2016

Source: www.tanfieldchambers.co.uk

Once a Professional, Always a Professional – Littleton Chambers

Posted July 12th, 2016 in disciplinary procedures, employment, jurisdiction, news, professional conduct, teachers by sally

‘Many professions, for example doctors, lawyers etc require individuals to register and maintain a practising certificate in order to practice. Others do not. This can be a key difference when it comes to considering the jurisdiction of their regulator.’

Littleton Chambers, 7th June 2016

Source: www.littletonchambers.com

What Price a Comment! Chelsea Football Club v Carneiro – Park Square Barristers

Posted July 12th, 2016 in constructive dismissal, employment, employment tribunals, news, sex discrimination, sport, unfair dismissal, women by sally

‘The public falling out between Jose’ Mourinho and Eva Carneiro happened during the first game of the season at Stamford Bridge, home of Chelsea Football Club. The manner in which this situation unfolded dominated the headlines, which resulted in a settlement at the Employment Tribunal, Croydon, London on Tuesday 7th June 2016.’

Park Square Barristers, 15th June 2016

Source: www.parksquarebarristers.co.uk

Jamie Susskind Comments on Sir Peter Gross’ Lecture on Judicial Leadership – Littleton Chambers

Posted July 12th, 2016 in case management, judiciary, lectures, news by sally

‘In the aftermath of the EU referendum, observers of British politics have been treated to a Shakespearean orgy of bloodletting, mud-slinging, defenestrating, and back-stabbing. Lawmakers of all parties are settling scores and jostling for position.’

Littleton Chambers, 7th July 2016

Source: www.littletonchambers.com

Sloane Stanley v Mundy and others – Tanfield Chambers

Posted July 12th, 2016 in housing, leases, news, tribunals, valuation by sally

‘The claims involved the valuation of premiums under the Leasehold Reform Housing and Urban Development Act 1993. The UTLC listed three applications for the specific purpose of considering the validity of a hedonic regression model (“the Parthenia model”) to determine leasehold relativity. The Tribunal indicated the approach to be adopted for assessing relativity for different lease lengths and commented on the use of published relativity graphs.’

Tanfield Chambers, 21st June 2016

Source: www.tanfieldchambers.co.uk

Uncorroborated children’s allegations – procedure – Park Square Barristers

Posted July 12th, 2016 in appeals, child abuse, children, evidence, news, witnesses by sally

‘This article summarises a recent appeal against findings of fact made in the family court. It’s an interesting case as it serves to remind practitioners of the factors that should be taken into account in considering the investigation procedure when the court is dealing with uncorroborated children’s allegations. Will Tyler QC, a member of Park Square Barristers, acted for the appellant.’

Park Square Barristers, 21st June 2016

Source: www.parksquarebarristers.co.uk

Daniel Tatton-Brown QC on Misuse of Confidential Information and Interim Remedies -Littleton Chambers

Posted July 12th, 2016 in competition, costs, database right, employment, misuse of private information, news by sally

‘A rogue employee leaving their employer and taking with him confidential information such as a customer or pricing list can potentially cause significant damage to the ex-employer’s business.’

Littleton Chambers, 12th July 2016

Source: www.littletonchambers.com

Credit where Creditor’s due – Tanfield Chambers

Posted July 12th, 2016 in appeals, civil procedure rules, news, probate, wills by sally

‘In Randall v Randall [2016] EWCA Civ 494, the Court of Appeal considered whether a creditor of a beneficiary of an estate had sufficient standing to bring a probate claim to challenge the validity of a purported will of the testatrix.’

Tanfield Chambers, 22nd June 2016

Source: www.tanfieldchambers.co.uk

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