The Lingering Gender Pay Gap – No. 5 Chambers
‘Jessica Smeaton looks at the government’s new consultation paper and the impact on large employers.’
Full story
No. 5 Chambers, 25th August 2015
Source: www.no5.com
Does a Repudiatory Breach Discharge an LLP Member’s Agreement? – Littleton Chambers
‘The recent Judgment of Mr. Justice Henderson in Flanagan v Liontrust Investment Partners LLP and others [2015] EWHC 2171, 24th July 2015, has addressed the vexed question of whether the Common Law doctrine of repudiatory breach applies to LLP members’ agreements. It has long been settled law that the doctrine did not apply to traditional partnerships, Hurst v Bryk [2002] 1 AC 185 (HL), but the position under LLP agreements has been the subject of continuing debate. In particular it has been argued, by the author amongst others, that the doctrine applied and that the effect of a repudiatory breach was to enable a member to accept the breach and assert that the default provisions under the Limited Liabilities Partnership Act 2000 applied. In Liontrust Mr. Justice Henderson rejects that argument, save possibly in the case of a two member LLP.’
Littleton Chambers, 27th July 2015
Source: www.littletonchambers.com
An Introduction to Judicial Review – Littleton Chambers
‘Carol Davis and Eleena Misra look at Judicial Review: what it is, when it is available, the grounds for applying for judicial review and how to apply. ‘
Littleton Chambers, 3rd August 2015
Source: www.littletonchambers.com
The case of a Judge, a barrister, some bad weather and the right to that fundamental thing: A FAIR HEARING – The World of Family Law (Garden Court Chambers)
‘In case you some how managed to miss it Re G is worth a revisit for all of those who know and recognise that need for a fair hearing before a fair tribunal. And of course for all of those who have seen in action just what unfairness can look like. Be bold , Re G, the idea of justice and those Court of Appeal Judges are there to help.’
The World of Family Law (Garden Court Chambers). 27th August 2015
Source: www.gcfamily.wordpress.com
UK government pledges tougher action against businesses that repeatedly employ illegal workers – OUT-LAW.com
‘Businesses that continually employ workers who are in the UK illegally could be closed for up to 48 hours while border officials investigate under new measures put forward by the government.’
OUT-LAW.com, 27th August 2015
Source: www.out-law.com
Operation Motorman: Latin, Leveson and Personal Data – Panopticon
‘In Information Commissioner v Colenso-Dunne [2015] UKUT 471 (AAC), the UT was considering an appeal by the ICO concerning an order of the FTT that it disclose names of journalists that the ICO had seized during a raid on the home of Steve Whittamore in 2003. The raid was known as Operation Motorman, and it is generally supposed that Mr Whittamore, a private investigator, had a list of journalist who used his morally and legally dubious services.’
Panopticon, 28th August 2015
Source: www.panopticonblog.com
The changing legal landscape for inheritance disputes – Legal Futures
‘There has been a huge growth in the number of inheritance disputes in recent years due partly to an ‘’increasingly ageing population’’ according to Adam Draper, partner at Irwin Mitchell solicitors who specialises in inheritance disputes.’
Legal Futures, 27th August 2015
Source: www.legalfutures.co.uk
ISIL child brides: a big care problem for the Family Court? – UK Human Rights Blog
‘When a judge waxes lyrical about a child, garlanded with starred GCSEs, their intelligence, their medical school ambitions, you wonder what is coming. It’s the judicial equivalent of those blurred reproductions in the press of murder victims’ graduate portraits.’
UK Human Rights Blog, 27th August 2015
Source: www.ukhumanrightsblog.com
Chilcot inquiry: families back legal action to speed release of Iraq inquiry – The Guardian
‘Lawyers for families who lost relatives in the Iraq war are pushing ahead with legal action aimed at forcing the chair of the inquiry, Sir John Chilcot, to set a timetable for publication of his long-delayed report. The issue could be in court within weeks.’
The Guardian, 27th August 2015
Source: www.guardian.co.uk
Law and the ‘illegals’: reforming UK immigration detention – Halsbury’s Law Exchange
‘The UK has the largest immigration detention estate in Europe, with approximately 30,000 individuals being detained under immigration powers over the course of the last year. The vast majority of detainees are held in Immigration Removal Centres (IRCs), however detainees can be held in a number of different locations including prisons, and even less satisfactorily, police cells. The UK is the only EU country to also not impose an upper time limit on the use of immigration detention. This article considers a number of policy areas relating to immigration detention which have come under heavy scrutiny and may identify potential opportunities for reform.’
Halsbury’s Law Exchange, 27th August 2015
Source: www.halsburyslawexchange.co.uk
Austerity and the prison – OUP Blog
‘Greece is not alone in suffering from budget cuts arising from the era of austerity. In the UK, local councils, libraries, museums – all public services have been cut. Criminal Justice has not escaped this cost-cutting. The consequence has been fewer police officers on the streets, less money for legal aid lawyers, and closures of Magistrates courts. Prisons too have been hit; the government has reduced the amount it spends running correctional facilities. This has meant fewer programs and services for prisoners, more austere prisons as well as more work for fewer prison officers.’
OUP Blog, 28th August 2015
Source: www.blog.oup.com
Lee Rigby internet troll spared jail – BBC News
‘An internet troll who claimed the murder of Lee Rigby was a conspiracy has been spared jail.’
Full story
BBC News, 27th August 2015
Source: www.bbc.co.uk
Former private school teacher jailed for making indecent images of children – The Guardian
‘A former teacher has been jailed after admitting making indecent images of scores of children using hidden cameras at a boarding school, behaviour the judge called his “fatal flaw”.’
The Guardian, 27th August 2015
Source: www.guardian.co.uk
Unison plans Supreme Court appeal after latest setback on employment tribunal fees – Local Government Lawyer
‘Unison has applied for permission to take its legal challenge to the Government’s introduction of employment tribunal fees to the Supreme Court, after the Court of Appeal this week rejected the union’s claims.’
Local Government Lawyer, 27th August 2015
Source: www.localgovernmentlawyer.co.uk
John Mander Pension Scheme Trustees Ltd v Commissioners for Her Majesty’s Revenue and Customs – Supreme Court
Supreme Court, 29th July 2015
Tipstaff Orders – Family Law Week
‘Sarah Jennings, barrister of 3PB Chambers, examines the purpose of and procedure for obtaining tipstaff orders.’
Family Law Week, 26th August 2015
Source: www.familylawweek.co.uk
Fitness for purpose clauses in construction contracts – Hardwicke Chambers
‘Despite heightened focus on fitness for purpose clauses following the Court of Appeal’s recent decision in MT Hojgaard A/S v E.ON Climate and Renewables UK Robin Rigg East Ltd [2015] EWCA Civ 407 (“Robin Rigg”), such clauses are not new and have been used in construction contracts for a number of years.’
Hardwicke Chambers, 11th August 2015
Source: www.hardwicke.co.uk
Is the Government’s recent Trade Union bill compliant with the European Convention on Human Rights? – Cloisters
‘In what has been billed as the biggest crackdown on trade union rights for 30 years, the Conservative government have published a draft Trade Union Bill along with three separate consultation documents on ballot thresholds in important public services, hiring agency staff during industrial action and tackling intimidation of non-striking workers.’
Cloisters, 4th August 2015
Source: www.cloisters.com
The Liability of Hoteliers for Child Abuse and Child Exploitation – Six Pump Court
‘Certain hotels are sited in city centres or close to the main road networks. They are easily accessible and some are vulnerable to misuse by those engaged in crime. Bookings can be made late at night; guests might arrive in large groups; they are sometimes able to bypass reception either on arrival or on departure; there may be no night receptionist to check who might be brought in. It is not unknown for particular hotels in particular areas to be used for the exploitation of vulnerable persons. It may be argued that certain hoteliers are on notice of a possible problem relating to the exploitation of young people within the network. The question is what is to be done to protect young people who might be taken to an hotel and there abused and to limit the exposure of the hotelier to liability for any claim which might be made against them. Some hoteliers actively seek the assistance of bodies such as the NSPCC in the preparation of training for staff. Training is not enough. Nor is the fact that guest accompanying a child may be obliged to identify the child and their relationship with the child.’
Six Pump Court, 10th August 2015
Source: www.6pumpcourt.co.uk
Secondary victims: A race between the claimant and the ambulance? – Hardwicke Chambers
‘It is hard to escape the notion that the rise in the number of secondary victim claims in recent years owes its success to the amorphous concept of ‘proximity’. The test of proximity itself is well established: a secondary victim claimant can only establish a claim in law as a result of witnessing an event or its immediate aftermath. Establishing proximity does not pose much of a problem if the claimant has witnessed an accident itself; what remains controversial is defining the limit of “the event” and its “immediate aftermath”. Having looked at the decisions of the Courts on this issue, one would be forgiven for thinking that the boundaries are imposed somewhat arbitrarily. ‘
Hardwicke Chambers, 29th July 2015
Source: www.hardwicke.co.uk
