Statutory holiday entitlement: what changes in April – Mills & Reeve
‘We assess the new rules on paid holidays for atypical workers, which are being phased in from 1 April 2024.’
Mills & Reeve, 20th March 2024
Source: www.mills-reeve.com
Step-parents and Parental Responsibility – Becket Chambers
‘The Children Act 1989 s.3 sets out the legal definition of parental responsibility as, ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’.’
Becket Chambers, 29th February 2024
Source: becket-chambers.co.uk
Inability to afford a lawyer “cannot delay proceedings”, says master – Legal Futures
‘An impecunious defendant seeking to stay an action because they cannot afford legal representation must show they are trying to rectify the situation, a High Court master has said.’
Legal Futures, 21st March 2024
Source: www.legalfutures.co.uk
Fentanyl, forged wills and fake identities: How double killer plotted the deaths of his trusting victims – The Independent
‘For Stephen and Carol Baxter, their decades of hard work at establishing a successful company in the South East of England had nearly paid off.’
The Independent, 20th March 2024
Source: www.independent.co.uk
Woman found with £2bn in Bitcoin convicted of money laundering arrangement offence – BBC News
‘A former takeaway worker found with Bitcoin worth more than £2bn has been convicted at Southwark Crown Court of a crime linked to money laundering.’
BBC News, 20th March 2024
Source: www.bbc.co.uk
Teaching stare decisis to first-year law students in higher education: a pedagogical blind alley? – The Law Teacher
‘The doctrine of stare decisis is often explained in first-year law studies as synonymous with the doctrine of precedent and dichotomised into ratio decidendi and obiter dicta. This explanation of stare decisis is frequently supplemented by an exercise where the novice law student is provided with a case and directed to identify the ratio decidendi of the case, and to appreciate the distinction between ratio and obiter dicta in it, the latter being persuasive only. It is argued that this pedagogy is limited and unrealistic because stare decisis is a dynamic process whereby, applying the precepts of formal legal logic, legal principle evolves. This paper propounds that the fundamental precepts of formal legal logic should be harnessed as a dedicated pedagogy to teach students how principle evolves. The extant legal studies curriculum can readily be modified to accommodate these suggestions. Consistent with the proposition that stare decisis is ultimately a process, whether a statement in a case has the character of ratio decidendi or obiter dictum is itself determined as the outcome of that process.’
The Law Teacher, 1st March 2024
Source: www.tandfonline.com
Aurora Cavallari & Ors v Mercedes-Benz Group AG & Ors – Blackstone Chambers
‘Confidentiality Ring Orders (“CROs”) are an increasingly prevalent feature of complex modern commercial litigation. The judgment of Cockerill J in the “Dieselgate” case of Cavallari (the Group Litigation Order involving claims against Mercedes Benz companies) is likely to be an important contribution to the proper use of CROs.’
Blackstone Chambers, 8th February 2024
Source: www.blackstonechambers.com
Granville Technology Group Limited and others v LG Display Co Ltd and others – Blackstone Chambers
‘The Commercial Court has handed down judgment in the follow-on damages claim brought by a group of computer retailers, formerly trading under the Tiny and Time brand names, against certain manufacturers of LCD panels who had been found to have infringed Article 101 TFEU in European Commission Decision Comp/39.309 – LCD – Liquid Crystal Displays. This constitutes only the third ever cartel damages judgment given by a Court in the United Kingdom (after the Britned and Trucks litigation). Hanif Mussa KC acted as the advocate for LG Display Co Ltd and LG Display Taiwan Co Ltd at the 5-week trial.’
Blackstone Chambers, 9th February 2024
Source: www.blackstonechambers.com
Environment Agency CARs Under Scrutiny: rights of appeal should generally be available to those aggrieved by these “regulatory decisions” – Francis Taylor Building
‘The common law duty of fairness was, and continues to form, a basis upon which aggrieved parties can challenge regulatory decisions in judicial review. More recently, these standards have been given a legislative footing in the Legislative and Regulatory Reform Act 2006 and the Regulators’ Code, published in April 2014 pursuant to s22 of that Act.’
Francis Taylor Building, 6th February 2024
Source: www.ftbchambers.co.uk
Strip searches: Watchdog urges police to be ‘proportionate’ with children – BBC News
‘Police officers strip-searching children should ensure they act in a sensitive and proportionate way, a watchdog has said.’
BBC News, 19th March 2024
Source: www.bbc.co.uk
Miller v Irwin Mitchell LLP – Hailsham Chambers
‘The Court of Appeal handed down judgment in Miller v Irwin Mitchell on 1 February 2024, just 9 days after hearing argument. The Court (Phillips, Andrews and Falk LJJ) upheld the decision of HHJ Cadwallader at first instance ([2022] EWHC 2252 (Ch)), in which he dismissed Mrs Miller’s claim after a trial of various preliminary issues. The decision gives useful guidance to practitoners considering whether a duty of care is owed by a solicitor prior to the parties agreeing a retainer.’
Hailsham Chambers, 5th February 2024
Source: www.hailshamchambers.com
Disclosure Decisions and Help-Seeking Experiences Amongst Victim-Survivors of Non-Consensual Intimate Image Distribution – Victims & Offenders
‘The non-consensual dissemination of intimate images (NCII) is a form of technology-facilitated, image-based sexual abuse. Despite causing significant harm, research indicates a reluctance to seek support. Thus, this study aimed to develop practitioner recommendations for improving support accessibility by exploring NCII victim-survivors’ disclosure decisions and experiences of accessing support. Thematic Analysis of 31 UK adult victim-survivor interviews revealed informal support was favored, although some did not disclose to anyone. Disclosure responses ranged from supportive to judgmental. Barriers to help-seeking included stigma and perceiving formal support services as inaccessible. Recommendations for improving formal support accessibility such as service visibility, education and inclusive practices are discussed.’
Victims & Offenders, 18 March 2024
Source: www.tandfonline.com
Mandatory Biodiversity Net Gain (BNG) Explained and Critiqued – Francis Taylor Building
‘This article sets out how the new mandatory Biodiversity Net Gain (BNG) requirements are to function, but also the missed opportunities that remain present in the legislation. Three points will be made: that the 10% BNG minimum is poor, that the scheme allows for the undoing of increased biodiversity and that there is potential for developers to bypass the hierarchy.’
Francis Taylor Building, 29th February 2024
Source: www.ftbchambers.co.uk
‘Disrespectful of the rule of law’? – Doughty Street Chambers
‘In Maleci (Non-admission of late evidence) [2024] UKUT 00028 (IAC) the Upper Tribunal, chaired by the President, has sought to address a long-running problem in both tiers of the Immigration and Asylum Chamber: the Home Office’s failure to comply with directions or co-operate in proper case management.’
Doughty Street Chamber, 22nd February 2024
Source: insights.doughtystreet.co.uk
Discrimination, belief and the “fundamental party rights”: the judgment in Ali v Green Party of England and Wales – Cloisters
‘The County Court has given judgment in Ali v Green Party of England and Wales [Central London County Court, 9 February 2024]. For the first time, the court had to consider the interaction between the Equality Act 2010 association provisions, the protected characteristic of belief, and the rights of political parties and their members under the European Convention on Human Rights. The decision will be of great interest to political parties and campaigners of all kinds.’
Cloisters, 9th February 2024
Source: www.cloisters.com
Policing domestic abuse: the onus on first responders – Policing and Society
‘The police first responder has a central role in the multi-agency response to domestic abuse in most jurisdictions and is uniquely placed to solicit information from the victim-survivor about the experiences and behaviours they have witnessed first-hand. The College of Policing advises that first response officers have a dual role when attending domestic callouts: to recognise signs of abuse and prevent offences from occurring, and identify criminal offences so that offenders can be brought to justice. The frontline encounter by police is a pivotal moment for myriad reasons. Sharing results and reflections from our experiences of evaluating a number of innovative approaches to the policing of domestic abuse in the UK context, we illustrate the onus placed on the police first responder. In the effort to improve the overall criminal justice response to domestic abuse, we argue that a greater appreciation of this onus is needed amongst all criminal justice and multi-agency practitioners. Furthermore, we argue that greater support for police first responders is needed to improve outcomes for all following this encounter.’
Policing and Society, 12th March 2024
Source: www.tandfonline.com
The tendency of human nature to be swayed by interest rather than duty – Mental Capacity Law and Policy
‘In Irwin Mitchell Trust Corporation v PW & Anor [2024] EWCOP 16, Irwin Mitchell Trust Corporation (“IMTC”) had been appointed as property and affairs deputy for a woman, PW. In that capacity, IMTC appointed Irwin Mitchell Asset Management (“IMAM”) to manage the investment of PW’s funds. The issue for determination by HHJ Hilder was whether the appointment of IMAM by IMTC as PW’s deputy breached the rules against conflict of interest.’
Mental Capacity Law and Policy, 20th March 2024
Migrant Work, Gender and the Hostile Environment: A Human Rights Analysis – Industrial Law Journal
‘This article addresses work-related and gendered harms of the “hostile environment”, a set of measures implemented through the Immigration Acts of 2014 and 2016, which aims to make life in the UK impossible for irregular migrants. The hostile environment criminalises work without legal status, facilitates data sharing between public bodies and immigration enforcement, and restricts access services and benefits. The article examines factors that can make women susceptible to irregularity and exposure to hostile environment measures, and distinctive forms of gendered harm such as workplace sexual harassment. It argues that the detrimental impacts of the hostile environment contravene international and regional human rights obligations. Barring certain migrants from access to the labour market may violate the socio-economic right to work and/ or the right to private and family life, while a lack of access to legal remedy or labour inspection fuelled can violate migrants’ right to decent work and undermine protections against forced labour. The UK’s recent ratification of the Council of Europe’s “Istanbul Convention” and ILO Convention 190 on violence and harassment at work signifies a renewed commitment to safeguarding women regardless of migration status, but the universalistic potential of these instruments is undermined by the hostile environment’s continued operation.’
Industrial Law Journal, March 2024
Source: academic.oup.com
Rwanda bill could become law without independent scrutiny, says ex-watchdog – The Guardian
‘Rishi Sunak’s Rwanda deportation bill could be forced on to the statute books without fulfilling the government’s legal commitment to independent scrutiny, the former borders watchdog has told peers.’
The Guardian, 19th March 2024
Source: www.theguardian.com
