Employees must be part of a “deliberate” grouping to transfer under TUPE, tribunal says – OUT-LAW.com

“Individuals who spend all their time working for a single client will not necessarily form part of an ‘organised grouping of employees’ whose employment will transfer under the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations when their work is taken back in-house, the Employment Appeal Tribunal (EAT) has said.”

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OUT-LAW.com, 21st May 2012

Source: www.out-law.com

Pair set for child cruelty sentence after forcing son to live in coal bunker – The Independent

Posted May 21st, 2012 in child cruelty, child neglect, news, psychiatric damage, social services by sally

“A mother and stepfather who forced their 11-year-old son to live in a filthy converted coal-bunker are behind bars today.”

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The Independent, 21st May 2012

Source: www.independent.co.uk

Daniel Morgan report cites police and prosecution flaws – BBC News

Posted May 21st, 2012 in disclosure, evidence, informers, inquiries, murder, news, police, prosecutions, witnesses by sally

“The collapse of a trial of three men charged with committing one of Britain’s most notorious unsolved murders has been blamed on failures by police and prosecution.”

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BBC News, 21st May 2012

Source: www.bbc.co.uk

Employers’ liability for third party harassment to go as part of discrimination law changes – OUT-LAW.com

Posted May 21st, 2012 in employment, equality, harassment, health & safety, news, third parties by sally

“Rules making companies liable for harassment of their employees by third parties is one of a number of ‘unnecessary’ discrimination regulations that could be repealed in a drive to remove employment law related ‘red tape’, the Government has announced.”

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OUT-LAW.com, 21st May 2012

Source: www.out-law.com

Fire service watch manager cleared of firefighter deaths – The Guardian

Posted May 21st, 2012 in fire services, health & safety, homicide, news by sally

“A fire service manager accused of the manslaughter of four firefighters killed in a warehouse blaze has been found not guilty after a judge directed a jury to acquit him.”

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The Guardian, 21st May 2012

Source: www.guardian.co.uk

Will the human rights court throw Britain a lifeline on prisoner votes? – The Guardian

Posted May 21st, 2012 in elections, human rights, jurisdiction, news, prisons by sally

“If Strasbourg upholds its previous judgments, Cameron shouldn’t expect the bill of rights commission to come to his rescue.”

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The Guardian, 21st May 2012

Source: www.guardian.co.uk

The Duty to House and Support the Vulnerable – Garden Court Chambers Blog

Posted May 21st, 2012 in health, housing, human rights, judicial review, local government, news by sally

“Tim Baldwin summarises a recent noteworthy High Court decision on housing and support for a terminally ill individual.”

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Garden Court Chambers Blog, 21st May 2012

Source www.gclaw.wordpress.com

Court of Protection Update – Thirty Nine Essex Street

Court of Protection Update (PDF)

Thirty Nine Essex Street, May 2012

Source: www.39essex.com

Jackson – The New Bills – Thirty Nine Essex Street

Posted May 21st, 2012 in bills, budgets, costs, legal aid, news by sally

“The Final Report of the Jackson Review made a number of recommendations which he wanted to be considered, and introduced, as a package. Today I shall be looking at some of the recommendations which have received the least publicity and which do not feature in the Legal Aid, Sentencing and Punishment of Offenders Act (‘LASPO’), but will be of great interest to Costs Lawyers.”

Full story (PDF)

Thirty Nine Essex Street, May 2012

Source: www.39essex.com

Two Articles on Local Government Law – 11 KBW

Local Government Law Update: 14 May (PDF)
Local Government Law Update: 15 May (PDF)

11 KBW, May 2012

Source: www.11kbw.com

Using insolvency to discharge financial order obligations: the blank canvas remains – Family Law Week

Posted May 21st, 2012 in bankruptcy, debts, families, news by sally

“Byron James, Barrister, 14 Gray’s Inn Square explores the, as yet, unfettered and undefined discretion of the court to discharge a party from obligations under orders made in family proceedings following bankruptcy, following the recent Chancery Division case of Hayes v Hayes.”

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Family Law Week, 20th May 2012

Source: www.familylawweek.com

General training ‘failing’, consumer watchdog tells review – Law Society’s Gazette

“Regular re-accreditation and an end to the ‘general practitioner model’ of training are among the reforms called for by the Legal Services Consumer Panel in its submission to the Legal Education and Training Review (LETR) today.”

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Law Society’s Gazette, 21st May 2012

Source: www.lawgazette.co.uk

A secret justice climb down? Perhaps not – UK Human Rights Blog

Posted May 21st, 2012 in bills, closed material, judiciary, news, private hearings, public interest by sally

“It appears that the Government has climbed down, in part, from some of its controversial secret justice proposals. According to the Telegraph, the Justice and Security Bill, which will be published this week, will include a provision whereby judges, not the Government, has the final say on whether a Closed Material Procedure (CMP) is used. Moreover, CMPs will be restricted to ‘national security cases’ rather than any case ‘in the public interest’.”

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UK Human Rights Blog, 21st May 2012

Source: www.ukhumanrightsblog.com

Sky News referred to CPS and attorney general after naming rape victim – The Guardian

Posted May 21st, 2012 in anonymity, Crown Prosecution Service, media, news, rape, victims by sally

“North Wales police have referred Sky News to the Crown Prosecution Service and the attorney general’s office following the accidental broadcast of a rape victim’s name.”

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The Guardian, 18th May 2012

Source: www.guardian.co.uk

Judges to decide on secret evidence as Clarke pushes ahead with plans – Daily Telegraph

Posted May 21st, 2012 in bills, closed material, judiciary, news, private hearings, public interest by sally

“Judges will decide whether national security evidence can be heard in secret in a partial climbdown on plans to be unveiled by Kenneth Clarke this week.”

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Daily Telegraph, 20th May 2012

Source: www.telegraph.co.uk

Penalised train passengers fight ticketing rules – The Guardian

Posted May 21st, 2012 in fines, news, ombudsmen, prosecutions, railways by sally

“Rail passengers threatened with fines and even prosecution by train guards – despite buying a ticket – have called on the rail passenger watchdog to challenge their legality amid growing consumer anger.”

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The Guardian, 18th May 2012

Source: www.guardian.co.uk

Supreme Court judge on war, intelligence and the retreat of judicial deference – UK Human Rights Blog

“The recent standoff between two leading judicial lights, Jonathan Sumption and Stephen Sedley, may make for entertaining reading, but don’t be fooled.”

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UK Human Rights Blog, 20th May 2012

Source: www.ukhumanrightsblog.com

Plan to cut spending on court interpreters leads to farce – The Independent

Posted May 21st, 2012 in auditors, budgets, courts, interpreters, news, solicitors by sally

“A defendant dubbed a ‘pervert’ by mistake, a rabbit applying to be a Czech language specialist and solicitors using the Google Translate website to understand their clients: the debacle surrounding court interpreters has had its amusing moments.”

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The Independent, 21st May 2012

Source: www.independent.co.uk

Dale Farm council urged to drop private prosecution of protesters – The Guardian

“A council is seeking to privately prosecute two dozen protesters for obstructing bailiffs during the eviction of Dale Farm, after police and the Crown Prosecution Service decided not to charge them.”

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The Guardian, 18th May 2012

Source: www.guardian.co.uk

Widower pays price for infidelity as judge rules he is not entitled to full compensation – Daily Telegraph

Posted May 21st, 2012 in compensation, marriage, negligence, news, paramedics by sally

“A company director who fathered a child with his mistress has paid the price for his infidelity after a judge ruled he was not entitled to full compensation over the death of his wife.”

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Daily Telegraph, 19th May 2012

Source: www.telegraph.co.uk