Powys: Care home firm ‘bullied’ staff to accept new conditions – BBC News
‘A care home firm has been accused of bullying staff into accepting new terms and conditions or face being fired.’
BBC News, 16th April 2023
Source: www.bbc.co.uk
Windrush victims being failed by compensation scheme – report – BBC News
‘Windrush scandal victims are still facing long waits and inadequate offers of compensation, according to a new report by a global human rights group. Human Rights Watch said the Home Office-run compensation scheme should be handed to an independent body.’
BBC News, 17th April 2023
Source: www.bbc.co.uk
Living in a zoo – the Supreme Court’s decision in Fearn v Trustees of the Tate Gallery [2023] UKSC 4 – Exchange Chambers
‘A few yards from the Tate Modern lies the Neo-Bankside block. It contains glass fronted flats constructed not long before the gallery’s viewing platform (known as the Blatvanik Building) opened. The trial took place in 2019, shortly before coronavirus struck in 2020 ([2019] EWHC 246) and took an inordinately long time to get to the Supreme Court.’
Exchange Chambers, 23rd March 2023
Source: www.exchangechambers.co.uk
Should Those Convicted of Serious Offences be Compelled to Face Their Victim’s Family? – Pump Court Chambers
‘The current Justice Secretary Dominic Raab thinks so. The recent, tragic murders of Sabina Nessa and Zara Aleena have prompted Mr Raab to consider new legislation which will see those convicted of serious offences compelled to attend court and face the families of those they have harmed. Both convicted murderers Jordan McSweeney and Koci Selamaj refused to attend their sentencing hearings which meant the families of Sabina and Zara were unable to put their Victim Personal Statements to them. Mr Raab says he wants to “make sure courts have the power to compel someone who’s been convicted of a serious crime to come and face the sentence… is the very least the victims deserve… and is a basic principle of British justice”[1] but what are the implications of this proposal?’
Pump Court Chambers, 9th March 2023
Source: www.pumpcourtchambers.com
The use of the new statutory public nuisance offence to prosecute political and environmental protest – Doughty Street Chambers
‘On 28 June 2022, section 78 of the Police, Crime, Sentencing and Courts Act 2022 (‘the PCSCA’) came into force. Following a recommendation by the Law Commission, the new statutory offence of intentionally or recklessly causing public nuisance codified and abolished the old offence of common law public nuisance.’
Doughty Street Chambers, 15th March 2023
Source: insights.doughtystreet.co.uk
The King v Arie Ali [2023] EWCA Crim 232 – Drystone Chambers
‘In this case the Court of Appeal held that the exceptional factor relating to the overcrowding conditions of the adult male prisons can properly be taken into account by a sentencing judge, particularly for short term prison sentences.’
Drystone Chambers, 5th March 2023
Source: www.drystone.com
Rory Cochrane comments on Supreme Court’s latest telecommunications decision – Devereux Chambers
‘Last week [8 March], the Supreme Court handed down its decision in VIP Communications (In Liquidation) v Secretary of State for the Home Department [2023] UKSC 10, upholding the Secretary of States’ appeal. The Supreme Court has confirmed that the Secretary of State can rely on section 5 of the Communications Act 2003 to direct Ofcom, on national security grounds, not to make regulations exempting commercial multi-user GSM gateways (COMUGs) from licensing.’
Devereux Chambers, 8th March 2023
Source: www.devereuxchambers.co.uk
QOCS changes in April 2023: the practical and tactical implications for claimants and their solicitors – Gatehouse Chambers
‘In what is becoming something of a pattern, the Rules committee have come along to clear up the anomaly resulting from the decisions in the Appellate courts, this time in Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654; [2018] 1 WLR 6137 and Ho v Adelekun [2021] UKSC 43; [2021] 1 WLR 5132.’
Gatehouse Chambers, 16th March 2023
Source: gatehouselaw.co.uk
Dove v Assistant Coroner for Teeside [2023] EWCA Civ 289 (17 March 2023) – Parklane Plowden
‘Mrs Dove’s daughter took her own life after DWP benefits were withdrawn. In September 2021, the Divisional Court refused her application under s13 of the Coroners Act 1988 to quash the Coroner’s determination and direct a new inquest. The Divisional Court considered that the question of ‘how’ someone died in a Jamieson inquest was directed only to the means by which the deceased died, and did not encompass the wider circumstances of their death. In this case, the Court of Appeal considered the meaning of ‘by what means’.’
Parklane Plowden Chambers, 29th March 2023
Source: www.parklaneplowden.co.uk
Entering properties to fit a prepayment meter – what test should the Magistrates apply when granting a warrant? – No. 5 Chambers
‘Under the legislation there is no automatic right for an affected party to apply to the magistrates to apply to stay or adjourn the execution of the warrant.’
No. 5 Chambers, 29th March 2023
Source: www.no5.com
Steven Gee KC – British Tax Review – R. (on the application of Cobalt Data Centre 2 LLP) v HMRC: a Cobalt white elephant – Monckton Chambers
‘Section 298(1) of the Capital Allowances Act 2001 (CAA 2001) offered taxpayers Enterprise Zone allowances (EZAs) as an inducement to taking on the financial risks of newbuild industrial developments in disadvantaged areas, without a tenant. It extended their availability for a further 10 years after expiry of the 10-year life of an enterprise zone (EZ), provided that the qualifying “expenditure is incurred under a contract entered into within” the first 10 years (“the proviso”). According to the Court of Appeal1 changes made to a development, resulted in two building contracts with the claimed expenditure incurred under the second, being a “separate” contract
Monckton Chambers, 22nd March 2023
Source: www.monckton.com
Fraud and indemnity costs – no presumption; and polemicists beware! – Littleton Chambers
‘In Pisante v Logothetis [2022] EWHC 2575 (Comm), Baker J had to consider whether to make an order for indemnity costs following a successful US$6.5m fraud action.’
Littleton Chambers, 7th March 2023
Source: littletonchambers.com
Sponsor Licence: What Supporting Documents Do You Need? – EIN Blog
‘Obtaining a sponsor licence enables your organisation to sponsor migrant workers or students in the UK. The Home Office will determine whether your organisation is eligible for a sponsor licence by looking at whether you can meet key criteria.’
EIN Blog, 11th April 2023
Source: www.ein.org.uk
‘Failure to prevent’ fraud offence to apply in UK to large organisations – OUT-LAW.com
‘A new criminal offence of failing to prevent fraud is to be added to UK law and applied to large businesses and other large organisations.’
OUT-LAW.com, 12th April 2023
Source: www.pinsentmasons.com
Submarines, Sherlock Holmes and Clinical Negligence – Ropewalk Clinical Negligence Blog
‘A topic close to my (legal) heart, and one upon which I have been known to speak unprompted at some length, is the correct approach to fact-finding where several possible causes, or causal mechanisms, are suggested for the damage under investigation: a common feature of clinical negligence (and, more widely, personal injury) litigation.’
Ropewalk Clinical Negligence Blog, 29th March 2023
Source: ropewalk.co.uk
Pre-recorded evidence improves rape victims’ experience of court – Ministry of Justice
‘Rape victims who pre-record their evidence are more likely to have a better experience of the court process, findings published today (3 April 2023) reveal.’
Ministry of Justice, 3rd April 2023
Source: www.gov.uk
Judge deprecates LiPs for impugning opposing lawyers’ integrity – Legal Futures
‘The High Court has sharply criticised two litigants in person for making “baseless accusations” that impugned the integrity of their opponent’s legal team.’
Legal Futures, 14th April 2023
Source: www.legalfutures.co.uk
Can an adult child seek maintenance from their parents? – Family Law
‘There have recently been two cases in which adult children have begun court proceedings seeking a formal court order to force their parents into providing ongoing financial support to them.’
Family Law, 12th April 2023
Source: www.familylaw.co.uk
Court to rule on lawfulness of remote hearings – Law Society’s Gazette
‘The lawfulness of local authority licensing hearings held remotely will be decided in a judgment expected later this month.’
Law Society's Gazette, 13th April 2023
Source: www.lawgazette.co.uk
Misogyny rife in RAF boys’ club, sex assault victim says – BBC News
‘The RAF is a “boys’ club” where sexual harassment, misogyny and homophobia are rife, says a female ex-corporal who was sexually assaulted while serving.’
BBC News, 14th April 2023
Source: www.bbc.co.uk
