“‘How radical a change are the age discrimination provisions?’ The short answer is, ‘Very’, or, in the light of the two recent Judgments of the Supreme Court to this area of the law, ‘Very, very’.”
Full story (PDF)
11 KBW, 1st June 2012
Source: www.11kbw.com
“The latest figures from the Office for National Statistics paint a gloomy picture of the UK economy: two successive periods of negative economic growth; in economic terms, a recession. Experts debate the prognosis for the next few years, but it is inevitable that jobs will be lost and employers will be looking at ways to cut costs from their existing workforce. In this paper, I shall examine the law concerning changes to terms and conditions, and highlight recent case law on making redundancies.”
Full story (PDF)
11 KBW, 1st June 2012
Source: www.11kbw.com
“The decision of the Supreme Court in Edwards v Chesterfield Royal Hospital NHS Foundation Trust & Botham v Minister of Defence [2011] UKSC 58 [2012] ICR 201 (‘Edwards’) represents the latest word from our highest domestic court as to the availability of damages for losses arising following the termination of employment. As has been usual of late, the Justices of the Supreme Court have spoken with several voices. However, the overall effect of the majority decision is to reaffirm and extend the orthodoxy represented by Johnson v Unisys Ltd [2001] ICR 480 (‘Johnson’), notwithstanding that this leads to a number of anomalies, from both the doctrinal and the practical points of view.”
Full story (PDF)
11 KBW, 1st June 2012
Source: www.11kbw.com
“Issues of confidence and confidential information are rarely out of the news. Whether the context is the privacy of celebrities, the disclosure of commercial confidences (in exciting arenas such as formula one racing) or attempts by employees to make use of their former employer’s trade secrets, issues of confidence interest the general public. Similarly, issues of confidence are rarely out of the courts. In the past year, there have been a large number of cases which have considered alleged breaches of duties of confidence. This talk is intended to discuss how some of these cases have developed or explained the law in relation to confidential information focussing on:
(a) the scope of duties of confidence;
(b) procedural issues in claims for breach of confidence;
(c) the application of the principles in confidence claims, to the inadvertent disclosure of
privileged material.”
Full story (PDF)
11 KBW, 1st June 2012
Source: www.11kbw.com
“What developments have there been now that the dust has settled on the Tullett litigation?”
Full story (PDF)
11 KBW, 1st June 2012
Source: www.11kbw.com
“The first point to note about the Verrier prohibition is that it was based squarely on findings made in litigation which was not criminal proceedings nor related directly to regulated activities. This may have been a ‘first’ for the FSA; it is not unprecedented in other regulated sectors. The FSA’s interest was perhaps predictable on the extreme facts of the Tullett litigation. This talk considers the risks from civil litigation more generally for FSA-regulated firms and persons and how their legal advisers can help to identify and manage those risks.”
Full story (PDF)
11 KBW, 1st June 2012
Source: www.11kbw.com
“The FSA issued the Verrier Prohibition under its powers under section 56 of the Financial Services and Markets Act 2000 (the ‘FSMA’). Section 56 confers power, when ‘it appears to the [FSA] that an individual is not a fit and proper person to perform functions in relation to a regulated activity carried on by an authorised person’ to: ‘…make an order (“a prohibition order”) prohibiting the individual from performing a specified function, any function falling within a specified description or any function’.”
Full story (PDF)
11 KBW, 1st June 2012
Source: www.11kbw.com
“The Spectator has been ordered to pay £5,625 in fines and compensation for breaching reporting restrictions over a Rod Liddle comment piece published during the trial of Stephen Lawrence’s killers.”
The Guardian, 7th June 2012
Source: www.guardian.co.uk
“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the latest key financial remedies cases.”
Family Law Week, 6th June 2012
Source: www.familylawweek.com
Regina (KM) v Cambridgeshire County Council [2012] UKSC 23; [2012] WLR (D) 171
“When a local authority was performing its duty under section 2 of the Chronically Sick and Disabled Persons Act 1970 and assessing the amount to be awarded to a disabled person, it was not irrational for the authority to use its resource allocation system and its upper banding calculator to arrive at a figure which would enable the disabled person to purchase the necessary services required to meet his eligible needs.”
WLR Daily, 31st May 2012
Source: www.iclr.co.uk
Cherry Tree Investments Ltd v Landmain Ltd [2012] EWCA Civ 736; [2012] WLR (D) 170
“Where it was alleged that a registered charge included an extended power of sale which was included in a facility agreement but was not referred to in the charge, the correct approach was to bring a properly pleaded and proved claim for rectification of the charge, not to seek to apply a ‘corrective construction’ of the charge by reference to extrinsic material.”
WLR Daily, 31st May 2012
Source: www.iclr.co.uk
“The principles established in Prince Jefri Bolkiah v KPMG (A firm) [1999] 2 AC 222 were not applicable to a case in which the former employer of a patent attorney now employed within a competitor organisation sought injunctive relief to restrain the current employer from acting by, or otherwise seeking assistance or advice from, the patent attorney in relation to current litigation.”
WLR Daily, 31st May 2012
Source: www.iclr.co.uk
The Domestic Violence, Crime and Victims (Amendment) Act 2012 (Commencement) Order 2012
The Welfare Reform Act 2012 (Commencement No. 2) (Amendment) Order 2012
The Road Vehicles (Construction and Use) (Amendment) Regulations 2012
The Automatic Enrolment (Offshore Employment) Order 2012
The Misuse of Drugs Act 1971 (Amendment) Order 2012
Source: www.legislation.gov.uk
“A man was convicted of an assault after he bragged to friends on Facebook during his trial that he thought he had got away with it.”
Daily Telegraph, 6th June 2012
Source: www.telegraph.co.uk
“An art teacher at an independent girls’ school who was sacked after becoming pregnant has won her case of unfair dismissal.”
The Independent, 6th June 2012
Source: www.independent.co.uk
“Third parties should be able to complain about lawyers to the Legal Ombudsman, the Legal Services Consumer Panel has suggested.”
Law Society’s Gazette, 7th June 2012
Source: www.lawgazette.co.uk
“Last week the UN Human Rights Commissioner published the draft report of the second Universal Periodic Review (UPR) of the UK’s human rights record (draft report here, webcast of the UPR session here). The UPR involves delegations from UN member states asking questions and make recommendations to the UK government on the protection of human rights, which the government will consider before providing its response. The report is extremely wide-ranging, perhaps to its detriment, though many valuable and interesting insights are provided.”
UK Human Rights Blog, 6th June 2012
Source: www.ukhumanrightsblog.com
“Parents who coerce their children to marry will face jail under moves to be set out tomorrow by David Cameron.”
The Independent, 7th June 2012
Source: www.independent.co.uk
“Two cyber criminals have been jailed for setting up a website that enabled credit card fraud totalling more than £26.9m.”
BBC News, 6th June 2012
Source: www.bbc.co.uk
“A woman who bludgeoned a pensioner to death was today jailed for life.”
The Independent, 6th June 2012
Source: www.independent.co.uk
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