Whistleblowing – what’s in the public interest? – Halsbury’s Law Exchange

Posted May 14th, 2013 in employment, legislation, news, public interest, whistleblowers by sally

“Hardly a day goes by without whistleblowing being in the news. Just last month, two police officers were suspended in Cumbria for leaking information to the press about the expenses of an elected Police Commissioner. Last month, the Robert Francis Inquiry published its findings in to the high mortality rates at Mid Staffordshire NHS Trust, which found a culture of fear and silence throughout the organisation which discouraged staff from raising concerns about patient safety. According to research of the University of Greenwich, 80% of the public feel that whistleblowers should be protected. It seems like we are all agreed that we need more whistleblowers and that they should be protected. But why do we continue to hear about whistleblowers being victimised? As we have seen from the Cumbrian example, should police officers be suspended for raising concerns about the expenses of an elected official? When is whistleblowing in the public interest?”

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Halsbury’s Law Exchange, 13th May 2013

Source: www.halsburyslawexchange.co.uk

Failure to comply with the ACAS Code – Employment Law Blog

“Section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, inserted by the Employment Act 2008, is concerned with the effect of failure to comply with the ACAS Code. In Lund v St Edmund’s School the EAT, presided over by Keith J, has held that, when considering whether ‘it is just and equitable in all the circumstances’, pursuant to Section 207A, to make an uplift to a compensatory award for an employer’s failure to follow the Code, an Employment Tribunal should not take into account the fact the employee had contributed to his dismissal.”

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Employment Law Blog, 14th May 2013

Source: www.employment11kbw.com

Judge bars affair revenge naked pictures – Daily Telegraph

Posted May 14th, 2013 in injunctions, news, photography, privacy by sally

“A married woman has won the backing of a High Court judge to stop naked photographs of her being distributed by the man with whom she was having an affair and by his furious girlfriend.”

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Daily Telegraph, 13th May 2013

Source: www.telegraph.co.uk

Further action may be needed on voting fraud – watchdog – BBC News

Posted May 14th, 2013 in elections, fraud, identification, news by sally

“Restrictions on postal voting and identity checks at polling stations may be needed to help crack down on fraud, the elections watchdog has said.”

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BBC News, 14th May 2013

Source: www.bbc.co.uk

Child sexual abuse orders failing to deliver, says Ceop – BBC News

Posted May 14th, 2013 in children, crime prevention, news, reports, sexual offences by sally

“The system of civil court orders designed to prevent sexual abuse of children in Britain is ‘not fit for purpose’, according to a report obtained by the BBC.”

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BBC News, 14th May 2013

Source: www.bbc.co.uk

Metropolitan police issue cautions for crimes including rape, figures reveal – The Guardian

Posted May 14th, 2013 in cautions, news, police, statistics by sally

“Nearly 29,000 cautions were handed to criminals by the Metropolitan police in the year to March for offences including robbery, drug-trafficking and rape.”

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The Guardian, 13th May 2013

Source: www.guardian.co.uk

Assisted suicide should be regulated by courts, senior judges told – The Guardian

Posted May 14th, 2013 in assisted suicide, bills, defences, news by sally

“Courts should be able to regulate individual requests for assisted suicide without reference to parliament, senior judges have been told.”

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The Guardian, 13th May 2013

Source: www.guardian.co.uk

Ramsey: costs management limits being reviewed – Litigation Futures

Posted May 13th, 2013 in costs, damages, judges, limitations, news, solicitors by sally

“The £2m limit above which commercial cases are not subject to automatic costs management is being reviewed, the judge in charge of Jackson implementation has revealed, while also hinting that pre-issue costs may come within costs management in future.”

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Litigation Futures, 13th May 2013

Source: www.litigationfutures.com

Employment tribunal to lose power to make wider recommendations in discrimination cases – OUT-LAW.com

“The Government is to remove the Employment Tribunal’s power to make recommendations to employers that go beyond the specifics of a particular discrimination claim, it has announced.”

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OUT-LAW.com, 10th May 2013

Source: www.out-law.com

Supreme Court ruling on trustee mistakes “likely to create uncertainty”, says expert – OUT-LAW.com

“A Supreme Court ruling on the circumstances in which courts can set aside decisions made wrongly by trustees is ‘likely to create uncertainty’ due to the subjective nature of the test, an expert has said.”

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OUT-LAW.com, 10th May 2013

Source: www.out-law.com

Yet another one…NearlyLegal

Posted May 13th, 2013 in appeals, enfranchisement, housing, leases, news by sally

“The Leasehold Reform Act 1967 gives qualifying long leaseholders of houses the right, inter alia, to acquire the freehold. The definition of ‘house’ is quite technical, but, in essence, it turns on whether it could reasonably be called a house (even if it could reasonably be called something else). There is a quite eye-watering amount of law on this issue, most recently Day v Hosebay Ltd; Howard de Walden v Lexgorge [2012] UKSC 41.”

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NearlyLegal, 12th May 2013

Source: www.nearlylegal.co.uk

To be incurred or not to be incurred? – NearlyLegal

Posted May 13th, 2013 in appeals, landlord & tenant, news, service charges by sally

“Those with good memories will remember that a year or so ago the Upper Tribunal gave judgment in a case called Om Property Management Ltd v Burr (our note here) in which the issue was at what point in time does a cost became incurred for the purposes of s.20B, Landlord and Tenant Act 1985. It decided that costs became incurred on the presentation of an invoice or on payment. Mr Burr appealed against that decision and the Court of Appeal recently gave its judgment on the subject.”

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NearlyLegal, 10th May 2013

Source: www.nearlylegal.co.uk

Making your child go to school: teenager’s chaotic lifestyle and parent’s inability to control not a defence to prosecution – Education Law Blog

Posted May 13th, 2013 in interpretation, news, parental responsibility, school children by sally

“As all education lawyers know, the parent of a child who fails to attend school regularly commits a criminal offence punishable by a fine of up to £1000 (section 444(1) of the Education Act 1996). If the parent knows her child is failing to attend school and fails to cause her to do so, the ‘aggravated’ form of the offence (section 444(1A)) is committed which is punishable by a fine of up to £2500 and/or up to 3 months’ imprisonment. One of the statutory defences to both charges is that the child was prevented from attending ‘by reason of sickness or any unavoidable cause’ (section 444(2A)). It is a defence to the aggravated charge to prove reasonable justification for the failure to cause the child to attend (section 444(1B)).”

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Education Law Blog, 10th May 2013

Source: www.education11kbw.com

Finance and Divorce May 2013 update – Family Law Week

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the April financial remedies and divorce news and cases.”

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Family Law Week, 12th May 2013

Source: www.familylawweek.co.uk

Stephen Lawrence murder: David Norris refused right to appeal – The Guardian

Posted May 13th, 2013 in appeals, murder, news, racism by sally

“Court of appeal rejects application by David Norris to appeal against conviction for 1993 racist murder.”

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The Guardian, 10th May 2013

Soruce: www.guardian.co.uk

Derbyshire father Nathan Pick jailed for seven years for killing baby son – The Guardian

“A father has been jailed for seven years after admitting killing his disabled seven-month-old son. Nathan Pick, 38, lashed out at the baby, James-Lee, because he could not get him to stop screaming.”

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The Guardian, 10th May 2013

Source: www.guardian.co.uk

Papers drop veto on watchdog appointments – BBC News

Posted May 13th, 2013 in inquiries, media, news, ombudsmen, professional conduct, regulations, veto by sally

“Newspaper owners have backed down on demands to have a veto over the board members of any new press regulator.”

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BBC News, 10th May 2013

Source: www.bbc.co.uk

Aberystwyth doctor six-month ban for ‘flirting’ texts – BBC News

“A doctor who worked at Aberystwyth’s Bronglais hospital has been struck off for six months after sending flirtatious texts messages.”

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BBC News, 10th May 2013

Source: www.bbc.co.uk

Dental nurse wins case after being given written warning for eating apple – Daily Telegraph

“A dental nurse who was given a written warning by bosses for eating an apple has won a case for constructive dismissal against the surgery.”

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Daily Telegraph, 9th May 2013

Source: www.telegraph.co.uk

WPc’s cut thumb will cost force £100,000 – Daily Telegraph

“Taxpayers were last night facing a legal bill of at least £100,000 after a long-standing compensation row involving a female police officer who cut her thumb while on duty.”

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Daily Telegraph, 10th May 2013

Source: www.telegraph.co.uk