Profiting from children subject to state care: Is business involvement a sustainable investment? – Family Law

Posted July 7th, 2023 in care homes, children, human rights, news by sally

‘Worldwide, private companies and investors are increasingly involved in the delivery of essential public services social and elderly care. In the UK, this manifests prominently in the private children’s home sector. As we highlight in this piece, the care of some of our society’s most vulnerable children, namely those subject to care and, often, accompanying Deprivation of Liberty Orders, has become a lucrative source of revenue for corporations and investors. Yet a growing body of evidence highlights the negative consequences for human rights of this trend.’

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Family Law, 6th July 2023

Source: www.familylaw.co.uk

COVID-19 fraudster sentenced for laundering nearly £200k from taxpayers – Crown Prosecution Service

Posted July 7th, 2023 in coronavirus, Crown Prosecution Service, fraud, imprisonment, money laundering, news, sentencing, suspended sentences by sally

‘A fraudster who sought to exploit the taxpayer through a COVID-19 support scheme has been sentenced today (3 July 2023).’

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Crown Prosecution Service, 3rd July 2023

Source: www.cps.gov.uk

Independence and the public interest: the role of a legal services regulator – Bar Standards Board

Posted July 7th, 2023 in barristers, legal services, news, public interest by sally

‘Independence and the public interest: the role of a legal services regulator. Talk by Mark Neale, Director General, Bar Standards Board – 3 July 2023.’

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Bar Standards Board, 4th July 2023

Source: www.barstandardsboard.org.uk

Supreme Court backs civil law test for police disciplinary proceedings – Law Society’s Gazette

Posted July 7th, 2023 in appeals, civil justice, criminal justice, disciplinary procedures, firearms, news, police, professional conduct, Supreme Court by sally

‘The Supreme Court has ruled that the civil law test should be applied in police disciplinary proceedings and that public confidence is better served in doing so.’

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Law Society's Gazette, 5th July 2023

Source: www.lawgazette.co.uk

Appeal allowed despite ‘disastrously handled’ litigation – Law Society’s Gazette

Posted July 7th, 2023 in appeals, child support, children, costs, dispute resolution, families, news by sally

‘A High Court judge has “with a very heavy heart” allowed an appeal while making clear his dismay at the conduct of the successful party.’

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Law Society’s Gazette, 6th July 2023

Source: www.lawgazette.co.uk

Stephen Lawrence’s mother says decision not to charge police over murder inquiry ‘disgraceful’ – The Independent

Posted July 7th, 2023 in bereavement, Crown Prosecution Service, disciplinary procedures, families, inquiries, misfeasance in public office, murder, news, police, professional conduct, racism by sally

‘Stephen Lawrence’s mother says a decision not to charge four retired officers over their handling of the original murder investigation has caused her immense distress and she will challenge it.’

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The Independent, 6th July 2023

Source: www.independent.co.uk

UK’s largest pub firm guilty of health and safety breach over student’s death – The Guardian

Posted July 7th, 2023 in accidents, bereavement, fines, health & safety, licensed premises, news by sally

‘The UK’s largest pub company has been found guilty of breaching health and safety law after the “senseless and avoidable” death of a first-year university student who was queuing to get into a busy venue.’

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The Guardian, 6th July 2023

Source: www.theguardian.com

Court orders ministers to hand Boris Johnson’s WhatsApps to Covid inquiry – The Guardian

Posted July 7th, 2023 in coronavirus, disclosure, documents, government departments, inquiries, judicial review, news by sally

‘Ministers have been ordered to hand over an unredacted cache of documents including Boris Johnson’s WhatsApp messages, notebooks and diaries to the Covid inquiry after losing a legal challenge.’

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The Guardian, 6th July 2023

Source: www.theguardian.com

Interest rate ‘rigger’ wins right to appeal in UK – BBC News

Posted July 7th, 2023 in appeals, Criminal Cases Review Commission, interest, miscarriage of justice, news, rates by sally

‘The first trader tried and jailed for “rigging” interest rates, Tom Hayes, has won the right to appeal his case after a six-year battle. Mr Hayes, who was sentenced to 11 years in jail in 2015, has been seeking a referral since 2017. He will now have his case referred back to the Court of Appeal.’

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BBC News, 7th July 2023

Source: www.bbc.co.uk

High Court begins hearing judicial review against Home Office and London borough over support for child trafficking victims – Local Government Lawyer

Posted July 6th, 2023 in children, government departments, judicial review, local government, news, trafficking in human beings, victims by sally

‘The High Court is this week (4-5 July) hearing a judicial review challenge brought by a child trafficking victim who contends he was not given any specialist support for his trafficking-related needs from the Home Office and his local authority for several years.’

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Local Government Lawyer, 5th July 2023

Source: www.localgovernmentlawyer.co.uk

The importance of correctly identifying the relevant provision, criterion or practice (‘PCP’) and pool for comparison in any indirect discrimination claims – 3PB

Posted July 6th, 2023 in contract of employment, news, race discrimination, remuneration by sally

‘This appeal, decided on 5 May 2023, raised the question whether, under section 41 Equality Act 2010 (“EqA”), workers employed by third-party contractors could rely on the principal’s own employees as comparators in a claim of indirect race discrimination relating to rates of pay. It highlights the importance of identifying, correctly, the relevant provision, criterion or practice (“PCP”) and pool for comparison, in any indirect discrimination claim, if necessary seeking further information or disclosure from the respondent in order to do so.’

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3PB, 5th June 2023

Source: www.3pb.co.uk

Transgender group loses challenge over gay rights charity’s status – The Independent

Posted July 6th, 2023 in appeals, charities, Charity Commission, homosexuality, news, transgender persons by sally

‘A transgender rights group has lost its case to have a gay rights organisation stripped of its charitable status in what is believed to be the first case of its kind in the UK.’

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The Independent, 6th July 2023

Source: www.independent.co.uk

What’s in a name? “A lot”, the press would answer – 4 New Square

Posted July 6th, 2023 in anonymity, disciplinary procedures, news, third parties, tribunals, witnesses by sally

‘There has been a spate of recent cases where professionals involved as respondents in disciplinary proceedings have sought anonymity orders in their favour. Helen Evans KC and Richard O’Brien explore whether a divide is emerging between the approach adopted by courts compared with tribunals. They also look some of the practical pitfalls of anonymity orders protecting respondents, as well as considering the position of witnesses and other third parties.’

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4 New Square, July 2023

Source: www.4newsquare.com

Jermaine Baker shooting: officer may face misconduct case after court ruling – The Guardian

Posted July 6th, 2023 in firearms, London, misfeasance in public office, news, police, Supreme Court by sally

‘A police officer who shot a man dead in 2015 could face professional misconduct proceedings after supreme court judges dismissed an appeal, in a landmark ruling that provides significant clarity over holding officers who use force to account.’

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The Guardian, 5th July 2023

Source: www.theguardian.com

Council defeats High Court challenge over sale of large plot of land next to football stadium – Local Government Lawyer

Posted July 6th, 2023 in judicial review, local government, news, sale of land by sally

‘West Northamptonshire Council has successfully defended a judicial review challenge brought by an unsuccessful bidder over the local authority’s decision to sell land adjacent to Sixfields Stadium, the home of Northampton Town Football Club.’

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Local Government Lawyer, 5th July 2023

Source: www.localgovernmentlawyer.co.uk

Electronic execution of documents – Pensions Barrister

Posted July 6th, 2023 in electronic filing, execution, news, pensions, witnesses by sally

‘Joseph Steadman has written an article about the signing and witnessing of documents electronically, and considers where the law has got to, where it is going and why this is relevant to pension schemes.’

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Pensions Barrister, 5th July 2023

Source: www.pensionsbarrister.com

Boosted UK legal aid rates ‘not enough’ to deal with Rwanda asylum cases – The Guardian

Posted July 6th, 2023 in asylum, budgets, consultations, Law Society, legal aid, legal representation, news, Rwanda by sally

‘The Law Society has warned that a proposed 15% increase in legal aid rates will not be enough to ensure that there are sufficient immigration lawyers to deal with the government’s controversial scheme to send asylum seekers to Rwanda.’

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The Guardian, 5th July 2023

Source: www.theguardian.com

Bar chief backs feminist barrister abused by other counsel – Legal Futures

Posted July 6th, 2023 in barristers, bullying, complaints, harassment, news, threatening behaviour, women by sally

‘The chair of the Bar Council has spoken out in support of a feminist barrister who said yesterday that she has complained about abuse from more than 50 “mainly White male” barristers.’

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Legal Futures, 6th July 2023

Source: www.legalfutures.co.uk

The importance of Reynolds in discrimination cases – 3PB

Posted July 5th, 2023 in appeals, chambers articles, employment, employment tribunals, equality, news, pregnancy, unfair dismissal by sally

‘By this judgment, the EAT allowed an appeal against a finding that an employee’s dismissal was because of her pregnancy (contrary s.18 Equality Act 2010) on the ground that the ET had not considered Reynolds v CLFIS (UK) Ltd [2015] ICR 1010. Reynolds is no doubt familiar to experienced employment lawyers, it stands for the principle that, in a discrimination claim, the relevant decision maker must have been (at least significantly) influenced by a protected characteristic. A composite approach, bringing together the act of one individual with a discriminatory reason of another is not permitted.’

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3PB, 7th June 2023

Source: www.3pb.co.uk

Dismissing for redundancy: making sure all other options are explored properly – 3PB

Posted July 5th, 2023 in appeals, carers, chambers articles, coronavirus, employment, employment tribunals, news, redundancy, unfair dismissal by sally

‘C was employed by the R as a live-in carer. The person for whom she cared went into hospital. Usually the R would have moved C to care for another individual. However, the effects of the pandemic were such that there was less opportunity to do so. C’s last day of work for the person for whom she cared was 8.2.20; she thereafter received no work, and no pay.’

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3PB, 5th June 2023

Source: www.3pb.co.uk