Current Awareness

Signing a New Contract Does Not Mean Restrictive Covenants Are Binding Absent Proper Consideration – Littleton Chambers

Posted December 11th, 2014 in contract of employment, contracts, employment, news, restrictive covenants by sally

‘Many large employers (particularly those who acquire other businesses over time) are faced with employees (often senior and important employees) on ‘old’ contracts with unenforceable, inappropriate or even no restrictive covenants. Quite aside from the potential difficulties posed by TUPE, remedying that problem often proves difficult in practice, and requires careful management.’

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Littleton Chambers, 8th December 2014

Source: www.littletonchambers.com

Free Movement of Doctors in the NHS – Littleton Chambers

Posted December 11th, 2014 in appeals, doctors, EC law, employment tribunals, freedom of movement, health, news by sally

‘In Kapenova v. Department of Health [2014] ICR 884, the first case of its kind in the health sector, the EAT has held that an entry criterion for the two year Foundation Programme for medicine graduates is a justified infringement of EU free movement rights. Kapenova demonstrates that: (i) a claim for unjustified infringement of free movement rights can be pursued as a claim for indirect nationality discrimination under the Equality Act 2010 before the Employment Tribunal, and; (ii) the approach to the justification defence under EU law and domestic law is the same.’

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Littleton Chambers, 11th December 2014

Source: www.littletonchambers.com

When is it time to stop judging? Age Discrimination and the Judiciary – Cloisters

Posted December 11th, 2014 in age discrimination, equality, judges, judiciary, news by sally

‘Mr White, a retired circuit judge, brought claims against the MoJ for age discrimination.

By an amendment, he added claims for breaches under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 and an allegation that the decision not to appoint him to the position of deputy circuit judge after his retirement was an act of age discrimination. These two additional claims were subsequently dismissed on the basis that they were out of time.

The tribunal therefore only considered one issue: is the requirement for a judge to retire on his or her 70th birthday an act of age discrimination?’

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Cloisters, 9th December 2014

Source: www.cloisters.com

Carrying over annual leave and back-pay: Sash Window Workshop Ltd v King – Cloisters

Posted December 11th, 2014 in appeals, compensation, employment tribunals, holiday pay, news, remuneration, working time by sally

‘In Sash Window Workshop v King theEmployment Appeal Tribunal returned to two of the central controversies in recent holiday pay case-law. Firstly the right to carry annual leave entitlement over from one leave year to the next. Secondly the right to claim back pay for untaken leave in historic leave years, particularly upon the termination of employment.’

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Cloisters, 7th December 2014

Source: www.cloisters.com

Housing: Homeless Persons and Review of Accommodation Needs – No. 5 Chambers

Posted December 11th, 2014 in homelessness, housing, local government, news by sally

‘This paper considers some selected topics in the broad (and full of case law) topic of homeless persons, together with a brief mention of the duty of local housing authorities to carry out a review of accommodation needs.’

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No. 5 Chambers, 9th December 2014

Source: www.no5.com

CMA to investigate competition law violation by estate agent trade association and members – Zenith Chambers

Posted December 11th, 2014 in competition, estate agents, fees, news, price fixing by sally

‘The Competition and Markets Authority has announced that it will probe as a priority suspected anticompetitive agreements involving three companies and a trade association operating in the property sales and lettings sector. The investigation puts under the spotlight possible violations of competition law relating to the setting and advertising of fees by estate agents. The CMA has concerns that the arrangements restricted choice for consumers and their ability to compare prices and value for money.’

Full story (PDF)

Zenith Chambers, 11th December 2014

Source: www.zenithchambers.co.uk

A stunning decision on litigation costs: Coventry v Lawrence – Legal Week

Posted December 11th, 2014 in appeals, costs, human rights, news, Supreme Court by sally

‘In a stunning decision, the Supreme Court has given an indication that the pre-Jackson costs regime may breach the rights of paying parties under the European Convention of Human Rights. The issue has the potential to affect all agreements signed under the pre-April 2013 costs regime.’

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Legal Week, 11th December 2014

Source: www.legalweek.com

Claire Tiltman murder: Former milkman Colin Ash-Smith found guilty of killing schoolgirl more than 20 years ago – The Independent

Posted December 11th, 2014 in evidence, murder, news, recidivists by sally

‘A former milkman has been found guilty of the “frenzied and remorseless” murder of schoolgirl Claire Tiltman more than 20 years ago.’

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The Independent, 11th December 2014

Source: www.independent.co.uk

London ‘slavery’ case: CPS charges Aravindan Balakrishnan – The Guardian

Posted December 11th, 2014 in child cruelty, false imprisonment, news, rape, trafficking in human beings by sally

‘A Maoist activist accused of keeping three women in domestic servitude for 30 years has been charged with 25 offences including rape and child cruelty.’

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The Guardian, 11th December 2014

Source: www.guardian.co.uk

Cracking intercepts: the war on terror and difficulties with Human Rights – UK Human Rights Blog

Posted December 11th, 2014 in human rights, interception, investigatory powers, news, telecommunications, terrorism, tribunals, warrants by sally

‘This is a fascinating case, not just on the facts or merits but because it is generated by two of the major catalysts of public law litigation: the government’s duty to look after the security of its citizens, and the rapid outpacing of surveillance law by communications technology. Anyone who has seen The Imitation Game, a film loosely based on the biography of Alan Turing, will appreciate the conflicting currents at the core of this case: the rights of an individual to know, and foresee, what the limits of his freedom are, and the necessity to conceal from the enemy how much we know about their methods. Except the Turing film takes place in official wartime, whereas now the state of being at “war” has taken on a wholly different character.’

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UK Human Rights Blog, 11th December 2014

Source: www.ukhumanrightsblog.com

Jimmy Savile’s friend Ray Teret jailed for 25 years for series of sex crimes – Daily Telegraph

Posted December 11th, 2014 in news, rape, sentencing, sexual offences by sally

‘Ray Teret – known as Ugli Ray – used celebrity status in the Manchester club scene to prey on ‘starstruck’ victims.’

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Daily Telegraph, 11th December 2014

Source: www.telegraph.co.uk

User Feedback Survey

Posted December 11th, 2014 in news by sally

We would be grateful if you could take a moment to complete a very quick (5 question) user feedback survey to let us know how we’re doing.

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R (on applications of Haney, Kaiyam, Massey and Robinson) v The Secretary of State for Justice – Supreme Court

Posted December 11th, 2014 in appeals, damages, human rights, law reports, rehabilitation, sentencing, Supreme Court by sally

R (on the application of Faisal Kaiyam) (Appellant) v Secretary of State for Justice (Respondent)
On appeal from the Court of Appeal (Civil Division) (England and Wales) [2014] UKSC 66 (YouTube)

Supreme Court, 10th December 2014

Source: www.youtube.com/user/UKSupremeCourt

Is this a copy? John Kaldor Fabricmaker UK Ltd v Lee Ann Fashions Ltd – NIPC Law

Posted December 11th, 2014 in Community designs, copyright, EC law, intellectual property, news by sally

‘In John Kaldor Fabricmaker UK Ltd v Lee Ann Fashions Ltd. [2014] EWHC 3779 (IPEC) (21 Nov 2014) Judge Hacon had to decide whether the fabric used to make the dress in the bottom photo was a copy of the fabric in the top one.’

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NIPC Law, 11th December 2014

Source: www.nipclaw.blogspot.co.uk

Dominic Grieve QC MP – Why It Matters that Conservatives Should Support the European Convention on Human Rights – UCL Constitution Unit

Posted December 11th, 2014 in attorney general, constitutional reform, human rights, news, speeches, treaties by sally

‘A British withdrawal from the European Convention of Human Rights would be “devastating for Britain and human rights throughout Europe, says Dominic Grieve, sacked as Attorney General by David Cameron in July.’

Video

UCL Constitution Unit, 10th December 2014

Source: www.ucl.ac.uk/constitution-unit

Litigation Trends Survey – Post Mitchell – New Law Journal

Posted December 11th, 2014 in costs, fees, law firms, news by sally

‘In the third NLJ / LSLA litigation trends survey, James Baxter reports on how firms and practitioners are seeking clarity post-Mitchell.’

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New Law Journal, 11th December 2014

Source: www.newlawjournal.co.uk

The costs of intervening – Competition Bulletin from Blackstone Chambers

Posted December 11th, 2014 in appeals, competition, costs, news, telecommunications, tribunals by sally

‘There is an interesting little point on costs buried away in last week’s decision in the “Ethernet” disputes in the Competition Appeal Tribunal (see BT plc v Cable & Wireless Worldwide Plc and others [2014] CAT 20).’

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Competition Bulletin from Blackstone Chambers, 11th December 2014

Source: www.competitionbulletin.com

Supreme Court to hear challenge to key test on homelessness and vulnerability – Local Government Lawyer

Posted December 11th, 2014 in appeals, disabled persons, drug abuse, homelessness, learning difficulties, local government, news, Supreme Court by sally

‘The Supreme Court will next week hear three cases where homeless applicants for housing assistance are seeking to challenge the Pereira test of vulnerability.’

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Local Government Lawyer, 11th December 2014

Source: www.localgovernmentlawyer.co.uk

‘Dark web’: GCHQ and National Crime Agency join forces in hunt for child abuse – The Guardian

Posted December 11th, 2014 in child abuse, conspiracy, indecent photographs of children, intelligence services, internet, national crime agency, news, sexual offences by sally

‘David Cameron will place Britain’s GCHQ eavesdropping agency and the National Crime Agency (NCA) at the centre of a fight to eliminate “digital hiding places for child abusers”.’

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The Guardian, 11th December 2014

Source: www.guardian.co.uk