‘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.’
Law Society's Gazette, 5th July 2023
Source: www.lawgazette.co.uk
‘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.’
Law Society’s Gazette, 6th July 2023
Source: www.lawgazette.co.uk
‘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.’
The Independent, 6th July 2023
Source: www.independent.co.uk
‘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.’
The Guardian, 6th July 2023
Source: www.theguardian.com
‘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.’
The Guardian, 6th July 2023
Source: www.theguardian.com
‘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.’
BBC News, 7th July 2023
Source: www.bbc.co.uk
‘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.’
Local Government Lawyer, 5th July 2023
Source: www.localgovernmentlawyer.co.uk
‘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.’
3PB, 5th June 2023
Source: www.3pb.co.uk
‘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.’
The Independent, 6th July 2023
Source: www.independent.co.uk
‘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.’
4 New Square, July 2023
Source: www.4newsquare.com
‘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.’
The Guardian, 5th July 2023
Source: www.theguardian.com
‘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.’
Local Government Lawyer, 5th July 2023
Source: www.localgovernmentlawyer.co.uk
‘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.’
Pensions Barrister, 5th July 2023
Source: www.pensionsbarrister.com
‘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.’
The Guardian, 5th July 2023
Source: www.theguardian.com
‘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.’
3PB, 7th June 2023
Source: www.3pb.co.uk
‘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.’
3PB, 5th June 2023
Source: www.3pb.co.uk
‘The prospect of an election being challenged by an election petition is something that will no doubt form the stuff of nightmares for many of the readers of this magazine. However, it may happen and the recent case of Afzal v Khan & Ors [2023] EWHC 376 (KB)1 has given the High Court the opportunity to set out the law on some of the powers an Election Court has in deciding an Election Petition, in particular as to what it should do when the Petitioner decides they no longer wish to pursue it.’
4-5 Gray's Inn Square, 1st June 2023
Source: www.4-5.co.uk
‘The high court has overturned a decision by the police watchdog that an officer who punched an elderly black man in the face had no case to answer.’
The Guardian, 4th July 2023
Source: www.theguardian.com
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