Modern slavery bill amendment rejected by MPs – The Guardian

Posted March 18th, 2015 in bills, employment, forced labour, immigration, news, visas by sally

‘MPs have rejected an amendment made by the Lords to the modern slavery bill, which would allow migrant workers to change employer.’

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The Guardian, 17th March 2015

Source: www.guardian.co.uk

EVENT: UCL – How did Thatcher’s Social and Economic Agenda Shape Justice in England and Wales?

Posted March 18th, 2015 in Forthcoming events by sally

‘Political processes shape and mould many facets of our lives. It is well known, for example, that who provides and runs our buses, our trains, our healthcare systems and our domestic utilities is the outcome of political choices. But in what ways is the experience of crime shaped by political decision making? Using Margaret Thatcher’s (and John Major’s) periods in office as a case study, this talk explores the ways in which social and economic policies are associated with changes in crime rates and criminal justice responses, and, in so doing, charts the ways in which such processes unfold over a number of years, producing unanticipated consequences ‘down stream’. It is contended that the changes in social and economic policies initiated during the 1980s had dramatic impacts not just on crime during the 1980s and 1990s, but also on the approaches adopted to tackle crime. In turn, this begs the question as to whether or not the changes associated with that period made Britain a safer or a less safe place, and ought to cause us all to reflect a little more on the question ‘What is justice?’.’

Date: 14th May 2015, 6.00-7.30pm

Location: UCL Laws, Bentham House, Endsleigh Gardens, London WC1H 0EG

Charge: Free, registration required

More information can be found here.

Historical child abuse: Key investigations – BBC News

‘There are a number of ongoing investigations and inquiries – criminal and otherwise – into historical abuse allegations at institutions across the UK. Here is a guide to the key inquiries and their scope.’

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BBC News, 17th March 2015

Source: www.bbc.co.uk

Drink-drive course leader convicted of driving while drunk – BBC News

‘A woman who led drinking and driving awareness courses for more than 20 years has been sentenced for committing the offence herself.’

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BBC News, 17th March 2015

Source: www.bbc.co.uk

UK justice minister ‘complacent’ over 38% rise in prison deaths, say MPs – The Guardian

Posted March 18th, 2015 in budgets, death in custody, news, prison officers, prisons, sentencing, violence by sally

‘The justice secretary has been accused of complacency by a cross-party group of MPs for denying any link between prison staffing cuts and a sudden rise in self-inflicted deaths and violence inside jails in England and Wales.’

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The Guardian, 18th March 2015

Source: www.guardian.co.uk

PC Darren Heath ‘has more victims’ in sex case – BBC News

Posted March 18th, 2015 in abuse of position of trust, news, police, victims by sally

‘A police officer who admitted having sex with three vulnerable women he met while on duty has more victims, Gloucestershire Police has said.’

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BBC News, 18th March 2015

Source: www.bbc.co.uk

Eleanor de Freitas inquest: Family’s anger at suicide verdict for woman who killed herself before trial for ‘false rape claim’ – The Independent

‘The family of a young woman who killed herself days before she was due to stand trial for making false rape allegations have attacked the inquest into her death, saying they may launch legal proceedings over alleged failings by the CPS for allowing her case to go to court.’

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The Independent, 17th March 2015

Source: www.independent.co.uk

Home secretary: Cyril Smith cover-up claims ‘could lead to prosecutions’ – The Guardian

‘Theresa May has said the claims a police investigation into the late Liberal MP Cyril Smith was scrapped, and corruption blocked other historic police operations into child abuse, were “shocking and could lead to criminal prosecutions”.’

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The Guardian, 17th March 2015

Source: www.guardian.co.uk

Assignments and anti-avoidance: the Landlord and Tenant (Covenants) Act 1995 – New Square Chambers

Posted March 17th, 2015 in appeals, covenants, landlord & tenant, news by sally

‘The Landlord and Tenant (Covenants) Act 1995, applies to “new tenancies” – tenancies granted on or after 1 January 1996. It reformed privity of contract in this area, giving a clean break to tenants on assignment of a new tenancy, except for excluded assignments and authorised guarantee agreements(AGAs). A guarantor is released to the same extent as a tenant upon a lawful assignment. s.25(1)(a) makes void agreements which have effective to frustrate the provisions of the 1995 Act. Below is a look at recent decisions concerning the application of the anti-avoidance provision and of other provisions against that background.’

Full story (PDF)

New Square Chambers, February 2015

Source: www.newsquarechambers.co.uk

The Costs of Complexity (Revisited): A Practical View From the Bar – Littleton Chambers

Posted March 17th, 2015 in appeals, civil procedure rules, courts, fees, human rights, news, Supreme Court by sally

‘In his monthly column, originally published by PLC, James Bickford Smith considers again the Supreme Court’s judgment in Coventry v Lawrence (No 2) [2014] UKSC 46, the adjourned hearing of which has been listed for 9-11 February 2015. James assesses some of the key issues which have been debated since his initial analysis of the decision in October 2014, including the potential uncertainty for current funding arrangements that are not dependent on the Access to Justice Act 1999.’

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Littleton Chambers, 5th February 2015

Source: www.littletonchambers.com

Credit Hire Update: Stevens v Equity Syndicate Management Limited – Henderson Chambers

Posted March 17th, 2015 in appeals, insurance, news, rent, road traffic by sally

‘In the most important credit hire decision since Bent, the Court of Appeal rules that judges evaluating credit hire claims involving pecunious claimants should adopt the “lowest reasonable rate”.’

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Henderson Chambers, March 2015

Source: www.hendersonchambers.co.uk

The Review by Robert Francis QC into Whistleblowing in the NHS – Littleton Chambers

Posted March 17th, 2015 in health, hospitals, news, reports, whistleblowers by sally

‘The Enterprise and Regulatory Reform Act 2013 (“ERRA”) introduced the first major legislative changes to the whistleblowing provisions in the Employment Rights Act introduced by the Public Interest Disclosure Act 1998. Those provisions afford remedies to workers who are subjected to a detriment or dismissed for making ‘protected disclosures’ of ‘relevant failures’.’

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Littleton Chambers, 13th February 2015

Source: www.littletonchambers.com

Getting to Grips with the Holiday Pay Conundrum – Littleton Chambers

Posted March 17th, 2015 in appeals, EC law, employment tribunals, holiday pay, news, working time by sally

‘The Employment Appeal Tribunal’s (EAT’s) judgment in the Bear Scotland case is the latest in a series of cases considering what must be included in the calculation of holiday pay under the UK’s Working Time Regulations (WTR). The ruling sent shockwaves through the business community, with some commentators estimating that around five million workers in the UK could be entitled to more holiday pay at a potential cost to companies of billions of pounds. Business Secretary Vince Cable even set up a taskforce to assess the possible impact of the EAT’s decision. Adam Solomon and Sophia Berry throw the spotlight on the Bear Scotland litigation in the context of other decisions on holiday pay and consider its implications. This article first appeared in the March 2015 edition of Tolley’s Employment Law Newsletter.’

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Littleton Chambers, 17th March 2015

Source: www.littleton.com

Trying to make sense of a mansion tax – Falcon Chambers

Posted March 17th, 2015 in housing, news, taxation by sally

‘The 2015 election campaign will not be the first in which all parties will be promising to outstrip their rivals in their support for the NHS. At the Labour Party Conference last year Ed Miliband announced that a next Labour Government would introduce a tax– a so-called mansion tax – on high value homes worth more than £2million. In an article in the Hampstead and Highgate Express (October 23 2014), designed to calm jittery voters where Labour’s majority is the smallest in the country, Ed Balls stated that the tax will be charged at £250 a month on properties worth between £2 and £3 million, but above £3 million it is apparently to be charged at 1% of capital value. The revenue from the tax, it is said, will contribute to a Time to Care Fund to help the NHS. He estimates that the mansion tax alone will put £1.2 billion into the Fund.’

Full story (PDF)

Falcon Chambers, February 2015

Source: www.falcon-chambers.co.uk

Variation of employment contracts – Hardwicke Chambers

Posted March 17th, 2015 in amendments, contract of employment, employment, employment tribunals, news by sally

‘If employers want to vary a contract of employment they must first make sure that they have a very clear right to do so.’

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Hardwicke Chambers, 18th February 2015

Source: www.hardwicke.co.uk

Donatio Mortis Causa – Hardwicke Chambers

Posted March 17th, 2015 in gifts, news, wills by sally

‘As the opening comments of Charles Hollander QC in his judgment in King v Dubrey [2014] EWHC 2083, make clear, a donatio mortis causa (DMC) takes effect as a historic and anomalous exception to the requirements of the Wills Act. It involves… a present gift which takes effect in the future and remains conditional until the donor dies. On death it becomes absolute. It has previously been described as being of “an amphibious nature, being a gift which is neither entirely inter vivos nor testamentary.” The task for the Court is to distinguish between a genuine DMC and an attempt to make a testamentary gift other than in accordance with the Wills Act. The test has, for over one hundred and fifty years, been a high one:

“…no case of this description ought to prevail unless it is supported by evidence of the clearest and most unequivocal character.”’

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Hardwicke Chambers, 16th February 2015

Source: www.hardwicke.co.uk

Income payment orders and pensions revisited: The decision in Horton v Henry – 11 Stone Buildings

Posted March 17th, 2015 in bankruptcy, insolvency, news, pensions by sally

‘The recent High Court decision in Horton v Henry has now thrown the debate over the extent to which the pension pot of a bankrupt can be made available to his creditors wide open.’

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11 Stone Buildings, January 2015

Source: www.11sb.com

Radical overhaul of anonymity in approval hearings – Cloisters

Posted March 17th, 2015 in anonymity, media, news, personal injuries, private hearings by sally

‘The Court of Appeal have just handed down judgment in the key case of JXMX v Dartford and Gravesham NHS Trust [2015] EWCA Civ 96. This fundamentally changes the approach to anonymity in approval hearings.’

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Cloisters, 18th February 2015

Source: www.cloisters.com

Two key legislative reforms to Personal Injury law due – Cloisters

Posted March 17th, 2015 in duty of care, inducements, legislation, negligence, news, personal injuries by sally

‘Two key pieces of legislation affecting personal injury and clinical negligence law, the Criminal Justice and Courts Act 2015 and the Social Action, Responsibility and Heroism Act 2015, were given royal assent on 12 February 2015 and are expected to come into force in April 2015.’

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Cloisters, 19th February 2015

Source: www.cloisters.com

The continuing problem of recovering the cost of improvements from leaseholders – Hardwicke Chambers

Posted March 17th, 2015 in costs, landlord & tenant, leases, local government, news, repairs by sally

‘The distinction between a repair and an improvement when a landlord carries out works to a property is often problematic. The volume and age of reported cases on this point shows this is not a recent problem.’

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Hardwicke Chambers, 9th March 2015

Source: www.hardwicke.co.uk