Guantanamo’s last UK inmate Shaker Aamer speaks from cell – BBC News
“The last British resident being held in Guantanamo Bay has been broadcast speaking from his prison cell for the first time.”
BBC News, 19th November 2013
Source: www.bbc.co.uk
Council makes £1,500 payout after failure to tackle anti-social behaviour – Local Government Lawyer
“A city council has agreed to pay a resident £1,500 after a series of errors meant she was forced to suffer anti-social behaviour from a neighbour for more than two years.”
Local Government Lawyer, 19th November 2013
Source: www.localgovernmentlawyer.co.uk
Dying asylum seeker on hunger strike must stay in custody, says high court – The Guardian
“A failed asylum seeker said to be near death following an 85-day hunger strike in protest at his detention must remain in custody, the high court ruled on Tuesday.”
The Guardian, 19th November 2013
Source: www.guardian.co.uk
Midwife ‘failed’ four-day-old baby left in cupboard – BBC News
“A midwife who left a baby face down in a stationery cupboard was guilty of failing to provide appropriate clinical care, a tribunal has ruled.”
BBC News, 19th November 2013
Source: www.bbc.co.uk
Emma Way: Driver in #bloodycyclists Twitter storm convicted after knocking cyclist off bike – The Independent
“A 22-year-old woman who posted about ‘bloody cyclists’ on Twitter hours after knocking a cyclist off his bike has been convicted of failing to stop and failing to report an accident, but cleared of driving without due care and attention at Norfolk Magistrates Court today.”
The Independent, 19th November 2013
Source: www.independent.co.uk
TV gambling ads have risen 600% since law change – The Guardian
“The number of gambling commercials on British TV has rocketed from 234,000 a year to nearly 1.4m annually since the deregulation of the sector six years ago, according to new research.”
The Guardian, 19th November 2013
Source: www.guardian.co.uk
Inheritance Act Claims – Delay at your Peril – Zenith Chambers
“Nicola Phillipson, Zenith Chambers, examines the case of Berger v Berger where the Court of Appeal refused permission to the appellant to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 almost six years out of time.”
Zenith Chambers, 5th November 2013
Source: www.zenithchambers.co.uk
Boys will be boys…. But you can’t sue the school for it by Elliot Kay – Zenith Chambers
“On 9th June 2010, Lewis Pierce, a 9 year old schoolboy at the time, was playing with his younger brother George in their school playground. There was a metal water fountain fixed to the external wall of the school which could be accessed from the playground. In the course of play George sprayed his elder brother with water from the fountain, causing Lewis to swing a punch at George. George was able to evade the punch but as a result Lewis connected with the water fountain, causing lacerations to his right thumb and damage to his tendons. Lewis made a good recovery from the injuries sustained.”
Zenith Chambers, 28th October 2013
Source: www.zenithchambers.co.uk
Dress Codes And Discrimination Claims – No. 5 Chambers
“Dress codes in the workplace are not uncommon. Most Employers have a certain standard of dress in the workplace, whether enforced through contractual terms or through customary practices. More recently, we have seen informal advice given by senior solicitors to new female recruits at Berwin Leighton. The advice was addressed specifically at women.”
No. 5 Chambers, 7th November 2013
Source: www.no5.com
The “bedroom tax” and human rights – Hardwicke Chambers
“At a time when Theresa May has declared that a future Conservative Government would repeal the Human Rights Act 1998 (‘the Act’) and the Justice Secretary, Chris Grayling, is leading a review of the UK’s relationship with the European Court on Human Rights, it is heartening that the judiciary is prepared to apply the Act in a manner which, surely, will attract widespread public support.”
Hardwicke Chambers, 8th November 2013
Source: www.hardwicke.co.uk
Clarifying entitlement to community care and health services – Hardwicke Chambers
“Community care services are generally provided to those with relevant assessed needs by the authority of ‘ordinary residence’. So, ordinary residence has tended to be a question for local authorities considering the entitlement to community care services. This includes accommodation and domiciliary services under the National Assistance Act 1948 (NAA 1948) and accommodation under the Children Act 1989. Ordinary residence is also relevant for identifying which local authority is the supervisory body for the purposes of the Mental Capacity Act 2005 (and, conveniently some of the deeming provisions from the NAA apply to the MCA 2005, para 183 Sched A1).”
Hardwicke Chambers, 7th November 2013
Source: www.hardwicke.co.uk
Student litigation – Choosing the right words – Hardwicke Chambers
“The case of Mr John Scarborough v Canterbury Christ Church University (Scarborough) which was recently decided carries potentially significant implications in terms of bringing a case that may fall under separate heads of action.This article discusses this decision and its practical effect on future litigation.”
Hardwicke Chambers, 7th November 2013
Source: www.hardwicke.co.uk
Garden Leave and Gandhi – Littleton Chambers
“One of the mysteries of garden leave is why this area of jurisprudence exists at all. At least from the perspective of this self-employed, occasionally indolent barrister – for whom paid holidays are an unrealisable dream – the prospect of being paid (often a substantial salary) for months on end to do nothing sounds too good to be true. What’s not to like?”
Littleton Chambers, 11th November 2013
Source: www.littletonchambers.com
High Court rejects benefit cap claims – Hardwicke Chambers
“The High Court has rejected claims for a judicial review of the so-called ‘benefit cap’. Its judgment brings to an end – for the time being at least – speculation about the lawfulness of one of the Government’s most controversial welfare reforms and comes just months after the High Court rejected similar claims for a judicial review of the Social Sector Size Criteria, or so-called ‘bedroom tax’.”
Hardwicke Chambers, 6th November 2013
Source: www.hardwicke.co.uk
Breaking bad – Hardwicke Chambers
“The serving of a bad or defective notice has produced a wealth of litigation over the years. The fact that no-one has been misled, confused or in any way disadvantaged has never deterred those who want to take the point, particularly where the stakes are high. And, they are usually not higher where commercial leases are concerned and the tenant wants to break the lease. Where there may be grotesquely disproportionate and serious consequences for the party (or its adviser) who gets it wrong, a range of different responses has evolved in order for the courts to produce a more just outcome.”
Hardwicke Chambers, 4th November 2013
Source: www.hardwicke.co.uk
Restrictive covenants in employment contracts – A generous decision from the Court of Appeal? – Hardwicke Chambers
“The Court of Appeal’s decision (11 October 2013) in Coppage v Safety Net Security to uphold as reasonable and enforceable a 6 month non-solicitation restrictive covenant is surprising because of the fact that the covenant covered all customers during the period of Mr Coppage’s employment. In modern times the general advice had been that such covenants should be restricted to those who had been customers in a fixed period prior to termination (‘look back’ requirement) and to be confined to those with whom the employee had had personal dealings.”
Hardwicke Chambers, 21st October 2013
Source: www.hardwicke.co.uk
Anti-suit injunctions, arbitrations and cross-border insolvency – 11 Stone Buildings
“Ironically, the recent developments in international law which have encouraged the recognition of foreign insolvency proceedings and assistance in relation to them have in many cases led to disharmony between our domestic law and the law of the foreign proceedings. The applicable principles on when it is appropriate to grant anti-suit injunctions to protect the right of a party not to be sued in a foreign state have not been worked out fully in relation to insolvency. This is nowhere more apparent than where a foreign debtor enters a foreign insolvency process and prior to the insolvency was party to an agreement containing an English arbitration clause.”
11 Stone Buildings, November 2013
Source: www.11sb.com
New victims’ funding for restorative justice – Ministry of Justice
“At least £29million is being made available to Police and Crime Commissioners and charities to help deliver Restorative Justice for victims over the coming three years, Justice Minister Damian Green has announced.”
Ministry of Justice, 19th November 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
