Rwanda plan expanded to include failed asylum seekers – BBC News
‘Failed asylum seekers could be sent to Rwanda following an expansion of deportation plans from the Home Office.’
BBC News, 15th May 2024
Source: www.bbc.co.uk
Small Data: damage, distress and the development of a new type of claim – Law Pod UK
‘Jasper Gold of 1 Crown Office Row joins Lucy McCann to explore “small data” claims, where data and personal injury law intersect.’
Law Pod UK, 15th May 2024
Source: audioboom.com
SLAPPs: What are they? And how should defamation law be reformed to address them? – Journal of Media Law
‘This article examines the need for legislative reform to address the problem of strategic litigation against public participation (SLAPPs), with a focus on defamation law as the most common action for such claims. It draws upon legislative and judicial approaches from a range of different jurisdictions to define the problem of SLAPPs and examines whether the existing law in England and Wales provides an adequate solution to the problem of SLAPPs. This analysis indicates some important recent developments in the law that are relevant to SLAPPs but concludes that legislative reform is necessary to address the problem of SLAPPs. In contrast to the current proposals for reform, the article proposes an anti-SLAPP provision that crystallizes and builds upon recent developments in the law, to effectively address the problem of SLAPPs without posing an unnecessary risk of the denial of innocent claims.’
Journal of Media Law, 13th May 2024
Source: www.tandfonline.com
Ministers to amend Criminal Justice Bill in bid to address concerns over ‘nuisance rough sleeping’ provisions – Local Government Lawyer
‘The Government has tabled amendments to the Criminal Justice Bill tightening the definition of ‘nuisance rough sleeping’ after MPs expressed concerns about the breadth of the legislation’s provisions.’
Local Government Lawyer, 15th May 2024
Source: www.localgovernmentlawyer.co.uk
The Right to Request Flexible Working: Evidence from Employment Tribunal Judgments – Industrial Law Journal
‘This study examines five years of Employment Tribunal judgments on flexible working requests and uses a thematic analysis to identify the issues that have been litigated and to assess how employment tribunals, employees and employers have navigated the Act’s provisions. Whilst the right to request flexible working has been much critiqued because of its limited nature, there is little evidence and discussion of whether it provides a useable and effective process for employees and employers on its own terms. This article identifies three problems with the current legislation: employees can find it difficult to comply with the requirements for a valid statutory request, the difficulty of establishing and complying with the time limits in the legislation and finally the difficulty for tribunals in defining and applying core concepts relating to its power of review over employers’ decisions. These issues will not be resolved through the new Employment Relations (Flexible Working) Act 2023 and in some ways will be made more difficult.’
Industrial Law Journal, 13th May 2024
Source: academic.oup.com
Solicitor general to appeal over case of climate activist who held sign on jurors’ rights – The Guardian
‘The government’s most senior law officer is to appeal against a decision not to allow a contempt of court action against climate campaigner Trudi Warner for holding a placard on the rights of jurors outside a British court, the Guardian can reveal.’
The Guardian, 15th May 2024
Source: www.theguardian.com
McCloud Costs Directions: BMA v HM Treasury – Pensions Barrister
‘Edward Sawyer of Wilberforce Chambers discusses the Court of Appeal’s decision in BMA v HM Treasury, which upheld the validity of directions made by the Treasury to charge members rather than taxpayers with the costs of remedying the discrimination in public sector schemes following the McCloud litigation.’
Pensions Barrister, 16th May 2024
Source: www.pensionsbarrister.com
Warning after dancer fatally choked during sex – BBC News
‘A coroner has issued a warning after an inquest heard how a woman was fatally strangled by her boyfriend during sex.’
BBC News, 15th May 2024
Source: www.bbc.co.uk
MP uses parliamentary privilege to ask why Lucy Letby story blocked in UK – The Guardian
‘The Conservative MP David Davis has used parliamentary privilege to ask why UK readers were barred from viewing an article in a prominent US magazine about the case of the former nurse Lucy Letby.’
The Guardian, 15th May 2024
Source: www.theguardian.com
Biodiversity Net Gain: Big Impacts on Small Sites? – No.5 Chambers
‘The UK is one of the world’s most nature-depleted countries. The headline finding in the State of Nature Report 2023 told us that one in six species is at risk of extinction but this alarming figure obscures greater decline within certain taxonomic groups: 21% of plant species, 39% of vertebrates and 11% of fungi and lichens are classified as being at risk of extinction in Great Britain.’
No.5 Chambers, 18th April 2024
Source: www.no5.com
BAILII: Recent Decisions
Supreme Court
Davies v Bridgend County Borough Council [2024] UKSC 15 (08 May 2024)
Court of Appeal (Criminal Division)
Calocane, R. v [2024] EWCA Crim 490 (14 May 2024)
Barrow, R. v [2024] EWCA Crim 509 (14 May 2024)
BPO, R. v [2024] EWCA Crim 517 (14 May 2024)
High Court (Administrative Court)
High Court (Chancery Division)
BL Goodman (General Partner) Ltd v Morris Homes (Midlands) Ltd [2024] EWHC 1129 (Ch) (15 May 2024)
Source: www.bailii.org
Inducements relating to collective bargaining – Smith & ors v London Ashford Airport Limited – Old Square Chambers
‘EJ Richard Wood held that the Airport had breached s.145B of the Trade Union and Labour Relations (Consolidation) Act 1992 by offering pay increases directly to 9 members of Prospect, the trade union recognised by the Airport for collective bargaining purposes. The Tribunal’s judgment provides a helpful application of the interpretation of s. 145B in the Supreme Court’s decision in Kostal UK Ltd v Dunkley and ors [2021] UKSC 47 and the EAT’s decision in Ineos Infrastructure Grangemouth Ltd v Jones & ors and Ineos Chemicals Grangemouth Ltd v Arnott & ors [2022] EAT 82. Under s. 145B employers are prohibited from making offers to employees who are members of a recognised trade union which, if accepted, would have the result that one or more terms of their employment will not, or will no longer, be determined by collective bargaining (the “prohibited result”), if the employer’s sole or main purpose in making the offers is to achieve the prohibited result. Where liability is established, the ET must make a prescribed award (£4,554 at the time the claim was presented) to each member to whom the offer is made.’
Old Square Chambers, 24th April 2024
Source: oldsquare.co.uk
Article by Matthew Smith : The New Family Procedure Rules: Costs sanctions for failing to engage in NCDR – Park Square Barristers
‘In the recent High Court decision of X v Y [2024] EWHC 538 (Fam), Mrs Justice Knowles gave a strong forewarning over the forthcoming changes to the FPR and how the same are likely to be interpreted in financial remedies hearings and in cases concerning children.’
Park Square Barristers, 3rd April 2024
Source: www.parksquarebarristers.co.uk
Court delays imposed after pressure on prison places – BBC News
‘Some court appearances will be delayed as part of an emergency measure because of prison overcrowding.’
BBC News, 15th May 2024
Source: www.bbc.co.uk
Mediation Tips: Preparing to Settle – St Philips Barristers
‘Clients should be well-prepared and understand what mediation is. If you only intend to repeat previous offers (or make the same offer), mediation will fail. Compromise and, therefore, making and considering offers, is essential. Clients should be fully prepared on what kind of compromises may or may not work. Clients should be briefed on what mediation is and how it works. This may be obvious to lawyers but its not always done or often expected to be done on the day… which is too late.’
St Philips Barristers, 23rd April 2024
Source: st-philips.com
Ordinary reference and reference innuendo – Law Society’s Gazette
‘Judgment has been handed down in the strike-out application brought by Matt Hancock MP in respect of a defamation claim brought against him by Andrew Bridgen MP.’
Law Society's Gazette, 14th May 2024
Source: www.lawgazette.co.uk
Environmental Law News Podcast – Six Pump Court
‘In this podcast produced by Lexis PSL, Christopher Badger and Mark Davies look at progress made under the 25 Year Environment Plan, publication of the Green Finance Strategy and more Environment Act 2021 Commencement Regulations.’
Six Pump Court, 18th April 2024
Source: 6pumpcourt.co.uk
