NHS pay: Health staff win Covid bonus after legal action threat – BBC News

Posted November 6th, 2023 in coronavirus, doctors, hospitals, news, nurses, remuneration by sally

‘The government has agreed to fund a one-off bonus for health workers who missed out previously because they worked for non-NHS organisations. A payment of at least £1,655 was agreed as part of the NHS pay deal in England this year, to recognise the pressure of the Covid pandemic on staff. But the BBC recently reported thousands of outsourced staff did not qualify and employers had launched legal action.’

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BBC News, 6th November 2023

Source: www.bbc.co.uk

New Acts – legislation.gov.uk

Posted November 3rd, 2023 in employment, energy, equality, internet, legislation, public procurement, rates by sally

2023 c. 54 – Procurement Act 2023

2023 c. 53 – Non-Domestic Rating Act 2023

2023 c. 51 – Worker Protection (Amendment of Equality Act 2010) Act 2023

2023 c. 50 – Online Safety Act 2023

2023 c. 52 – Energy Act 2023

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 3rd, 2023 in legislation by sally

SI 2023/1161 – The Fluorinated Greenhouse Gases (Amendment) Regulations 2023

SI 2023/1147 – The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023

SI 2023/1145 – The Elections Act 2022 (Commencement No. 9, Transitional and Savings Provisions and Appointed and Specified Days) and Ballot Secrecy Act 2023 (Commencement) Regulations 2023

SI 2023/1164 – The Dangerous Dogs (Designated Types) (England and Wales) Order 2023

SI 2023/1163 – The Care Quality Commission (Additional Functions) (Amendment) Regulations 2023

SI 2023/1156 – The Environmental Permitting (England and Wales) (Amendment) Regulations 2023

SI 2023/1152 – The Armed Forces (Disposal of Property) Regulations 2023

SI 2023/1151 – The Armed Forces (Minor Punishments and Limitation on Power to Reduce in Rank) (Amendment) Regulations 2023

SI 2023/1168 – The Public Charge Point Regulations 2023

SI 2023/1170 – The Environment Act 2021 (Commencement No. 7) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 3rd, 2023 in law reports by sally

Supreme Court

Palmer, R (on the application of) v Northern Derbyshire Magistrates’ Court & Anor [2023] UKSC 38 (01 November 2023)

Court of Appeal (Civil Division)

Gill v Thind & Ors [2023] EWCA Civ 1276 (02 November 2023)

Adil v General Medical Council [2023] EWCA Civ 1261 (02 November 2023)

The Pensions Ombudsman v CMG Pension Trustees Ltd & Anor [2023] EWCA Civ 1258 (01 November 2023)

Lufthansa Technik AG v Panasonic Avionics Corporation & Ors [2023] EWCA Civ 1273 (01 November 2023)

Court of Appeal (Criminal Division)

Gray v R [2023] EWCA Crim 1285 (01 November 2023)

High Court (Administrative Court)

Jagiellowicz v Regional Court in Elblag (Poland) [2023] EWHC 2751 (Admin) (02 November 2023)

SB & Anor, R (On the Application Of) v London Borough Of Newham [2023] EWHC 2701 (Admin) (30 October 2023)

High Court (Chancery Division)

Lord & Ors v Kinsella & Ors [2023] EWHC 2748 (Ch) (02 November 2023)

In the Matter of Praesidiad Ltd [2023] EWHC 2745 (Ch) (01 November 2023)

Morrison Water Services Ltd v Browning [2023] EWHC 2725 (Ch) (31 October 2023)

Mojela v Canmart Ltd & Anor[2023] EWHC 2668 (Ch) (30 October 2023)

Magomedov & Ors v TPG Group Holdings (SBS), LP & Ors [2023] EWHC 2655 (Comm) (27 October 2023)

Transomas Ltd & Anor v Kheri Trading Ltd & Anor [2023] EWHC 2708 (Ch) (27 October 2023)

High Court (Commercial Court)

African Mining Services Mali SARL v Societe Des Mines De Komana (SMK) SA & Anor [2023] EWHC 2746 (Comm) (02 November 2023)

Hulley Enterprises Ltd & Ors v The Russian Federation [2023] EWHC 2704 (Comm) (01 November 2023)

On the Beach Ltd & Ors v Ryanair UK Ltd & Anor [2023] EWHC 2694 (Comm) (31 October 2023)

High Court (Family Division)

Nottingham University Hospitals NHS Foundation Trust v Gregory & Ors (Re Inherent Jurisdiction – Indi Gregory) [2023] EWHC 2753 (Fam) (02 November 2023)

A Mother v A Father & Ors [2023] EWHC 2728 (Fam) (01 November 2023)

S (1980 Hague Convention; Habitual Residence; Article 13), Re [2023] EWHC 2717 (Fam) (31 October 2023)

High Court (King’s Bench Division)

Alsopp & Ors v Bayerische Motoren Werke Akteingesellschaft & Ors [2023] EWHC 2710 (KB) (02 November 2023)

Crosbie v Ley [2023] EWHC 2626 (KB) (01 November 2023)

James v Shaw (t/a Shaws Leasure) [2023] EWHC 2683 (KB) (01 November 2023)

Clarke v Guardian News & Media Ltd (Re Preliminary Issues) [2023] EWHC 2734 (KB) (01 November 2023)

Doyle v HDI Global Specialty SE [2023] EWHC 2722 (KB) (31 October 2023)

High Court (Technology and Construction Court)

Lendlease Construction (Europe) Ltd v Aecom Ltd (Rev1) [2023] EWHC 2620 (TCC) (01 November 2023)

Crystal Electronics Ltd v Digital Mobile Spectrum Ltd [2023] EWHC 2656 (TCC) (27 October 2023)

Source: www.bailii.org

UK autonomous vehicles law announcement anticipated – OUT-LAW.com

Posted November 3rd, 2023 in artificial intelligence, Law Commission, news, road safety, transport by sally

‘Future demand for autonomous vehicles will be significantly influenced by the extent to which legislators can simultaneously promote innovation and flexibility while addressing safety concerns in the rules they write, an expert has said.’

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OUT-LAW.com, 2nd November 2023

Source: www.pinsentmasons.com

Two cases highlight possible areas of reform to 1954 Landlord and Tenant Act – OUT-LAW.com

Posted November 3rd, 2023 in landlord & tenant, Law Commission, leases, news, statute law revision by sally

‘Two recent business tenancy appeals in England are likely to catch the eye of the Law Commission as it considers potential reforms to the 1954 Landlord and Tenant Act, according to one legal expert.’

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OUT-LAW.com, 2nd November 2023

Source: www.pinsentmasons.com

From costs to validating advice – litigators see role for AI – Legal Futures

Posted November 3rd, 2023 in artificial intelligence, costs, law firms, legal services, news, solicitors by sally

‘Artificial intelligence (AI) will have multiple uses for litigators, including helping with costs budgeting and validating advice to clients, a leading partner at Eversheds Sutherland has predicted.’

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Legal Futures, 3rd November 2023

Source: www.legalfutures.co.uk

Former children’s holiday camp manager jailed for online child sex abuse offences – Crown Prosecution Service

Posted November 3rd, 2023 in child abuse, children, Crown Prosecution Service, imprisonment, internet, news, sentencing, sexual grooming, sexual offences by sally

‘A former children’s holiday camp manager who posed as a teenage girl in order to groom children online has been jailed.’

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Crown Prosecution Service, 1st November 2023

Source: www.cps.gov.uk

Firm wins challenge to legal aid out of time reduction – Law Society’s Gazette

Posted November 3rd, 2023 in delay, fees, law firms, legal aid, news, solicitors, time limits by sally

‘A firm has successfully challenged a 20% late-submission penalty to a legal aid settlement.’

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Law Society's Gazette, 3rd November 2023

Source: www.lawgazette.co.uk

IBA 2023: Bar chair floats ‘ingenious’ plan to curb SLAPPs – Law Society’s Gazette

Posted November 3rd, 2023 in barristers, damages, disclosure, freedom of expression, injunctions, news by sally

‘The chair of the Bar Council today proposed what eminent media lawyer Mark Stephens CBE hailed as an “ingenious” new deterrent to strategic litigation against public participation (SLAPPs).’

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Law Society's Gazette, 2nd November 2023

Source: www.lawgazette.co.uk

Coventry council used Airbnbs to house ‘‘vulnerable’’ teenage boy accused of rape – The Guardian

Posted November 3rd, 2023 in housing, local government, mental health, news, rape, sexual offences, young offenders by sally

‘Judge accuses local authority of a ‘lackadaisical’ attitude to the 16-year-old’s care after regulated providers refused to give him a place.’

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The Guardian, 2nd November 2023

Source: www.theguardian.com

Andy McDonald sues Tory MP who accused him of ‘seeking to justify’ Hamas atrocity – The Guardian

Posted November 3rd, 2023 in damages, defamation, Israel, news, political parties, war by sally

‘A suspended Labour MP is suing the Conservative MP Chris Clarkson, who accused him of “seeking to justify the murderous actions of Hamas” in the Israel-Hamas conflict.’

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The Guardian, 3rd November 2023

Source: www.theguardian.com

Martha’s rule must be available 24/7, England’s patient safety commissioner says – The Guardian

Posted November 3rd, 2023 in causing death of children or vulnerable adults, children, doctors, families, government departments, medical treatment, news by sally

‘Patients and relatives must be able to request second opinion from critical care team at any time of day or night, government told.’

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The Guardian, 3rd November 2023

Source: www.theguardian.com

Betsi Cadwaladr: Woman dies after health board lost medical notes – BBC News

Posted November 3rd, 2023 in coroners, hospitals, inquests, medical records, medical treatment, news by sally

‘A woman died after medical notes referring her for further tests were lost by a health board, an inquest has heard.’

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BBC News, 2nd November 2023

Source: www.bbc.co.uk

Online groomer who posed as teenage girl to abuse boys jailed – The Independent

Posted November 2nd, 2023 in child abuse, children, imprisonment, internet, national crime agency, news, recidivists, sentencing, sexual offences by sally

‘A man who groomed boys online by posing as a teenage girl has been jailed, the National Crime Agency (NCA) has said.’

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The Independent, 1st November 2023

Source: www.independent.co.uk

Ombudsman finds severe maladministration for Clarion in “tragic” noise case following death of resident who took his own life – Local Government Lawyer

Posted November 2nd, 2023 in complaints, housing, landlord & tenant, local government, maladministration, mental health, news, noise, ombudsmen, suicide by sally

‘The Housing Ombudsman has found severe maladministration for Clarion after its “lack of consideration” of a resident’s vulnerability when handling his complaints about noise led to him suffering over a nine-month period.’

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Local Government Lawyer, 2nd November 2023

Source: www.localgovernmentlawyer.co.uk

Football fan convicted of racially abusing Rio Ferdinand – The Independent

Posted November 2nd, 2023 in hate crime, news, public order, racism, sport by sally

‘A football fan has been convicted of racially abusing Rio Ferdinand at a Premier League match.’

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The Independent, 1st November 2023

Source: www.independent.co.uk

Vicarious liability for abuse – Law Society’s Gazette

Posted November 2nd, 2023 in appeals, child abuse, children, news, school children, sexual grooming, sexual offences, vicarious liability by sally

‘Can a school be vicariously liable for abuse perpetrated against a pupil by an adult on work experience? The Court of Appeal addressed this question in the above case and, unusually, overturned some of the findings of fact of the trial judge.’

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Law Society's Gazette, 1st November 2023

Source: www.lawgazette.co.uk

Men start earning more than women at the Bar from day one – Legal Futures

Posted November 2nd, 2023 in barristers, diversity, equality, news, remuneration, sex discrimination, statistics, women by sally

‘Earnings diverge between male and female barristers in every practice area from the start of their careers – when the differential is 17% – and peak at 11-15 years’ call, new research has found.’

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Legal Futures, 2nd November 2023

Source: www.legalfutures.co.uk

CA confirms Ombudsman not “competent court” – Pensions Barrister

Posted November 2nd, 2023 in appeals, courts, news, ombudsmen, pensions by sally

‘Judgment of the CA was handed down today in Pensions Ombudsman v CMG Pension Trustees Ltd. CA confirmed that the requirement in s.91(6) PA95 for trustees to obtain an order of “a competent court”, where their right to recoup overpaid benefits from future pension payments is disputed by the member, is not satisfied solely by a determination of the Ombudsman. This means that such a determination will require to be enforced by the county court on the application of the trustees. However, the Court rejected the respondent’s argument that the county court has a judicial role to play, and held that enforcement was purely an administrative matter to be carried out by a court officer, without the court considering the merits of the matter.’

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Pensions Barrister, 1st November 2023

Source: www.pensionsbarrister.com