The Proposed Changes to Panel Composition in the ET and the EAT – A Valuable Cost Saving Exercise, or an Erosion of Justice? – Parklane Plowden Chambers

Posted April 5th, 2023 in consultations, employment tribunals, news by sally

‘Sir Keith Lindblom, Senior President of Tribunals has in recent weeks launched a consultation paper seeking views on the proposals to potentially change the composition of ETs and the EAT, with a view to removing, or further reducing the use of lay members in all but the most complex cases. But what effect, if any, would this change have on the administration of justice?’

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Parklane Plowden Chambers, 8th March 2023

Source: www.parklaneplowden.co.uk

Associative indirect discrimination: a new class of claimant in discrimination law – 12 King’s Bench Walk Employment and Discrimination Blog

Posted April 5th, 2023 in chambers articles, children, disability discrimination, disabled persons, EC law, employment, employment tribunals, equality, families, news by sally

‘Employment practitioners will be aware of the significance of the European Court of Justice’s judgment in Coleman v Attridge. Prior to that decision, discrimination claims relating to disability (and age, sex and gender reassignment) could only be brought by a claimant who himself had the relevant protected characteristic.’

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12 King’s Bench Walk Employment and Discrimination Blog, 13th March 2023

Source: 12kbwemploymentlaw.wordpress.com

Statistics watchdog rebukes Sunak over inaccurate asylum backlog figures – The Guardian

Posted April 5th, 2023 in asylum, government departments, immigration, news, ombudsmen, refugees, statistics by sally

‘Rishi Sunak and his immigration minister have been scolded by the UK statistics watchdog for using inaccurate figures to back up spurious claims about asylum seekers.’

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The Guardian, 5th April 2023

Source: www.theguardian.com

Deported man extradited over reckless HIV infection jailed – BBC News

Posted April 5th, 2023 in deportation, extradition, HIV, immigration, imprisonment, news, sentencing by sally

‘A man who was deported for being in the UK illegally following an investigation into him infecting a woman with HIV has been jailed 14 years after the offence.’

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BBC News, 4th April 2023

Source: www.bbc.co.uk

Climate activist who allegedly held sign directed at jurors may be charged – The Guardian

Posted April 5th, 2023 in climate change, contempt of court, criminal justice, demonstrations, environmental protection, juries, news by sally

‘A climate activist who allegedly held a sign outside court telling jurors they were entitled to find protesters not guilty based on their conscience may still face a criminal charge.’

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The Guardian, 4th April 2023

Source: www.theguardian.com

Think Twice Before Making a Pre-Action Admission – Parklane Plowden Chambers

Posted April 5th, 2023 in chambers articles, compensation, hospitals, inquests, medical treatment, negligence, news, pre-action conduct by sally

‘This case concerned a clinical negligence claim arising out of the death of Dr Oluyinka O Somoye. In short Dr Somoye attended the Defendant’s hospital for a myomectomy on 28/02/18 and was discharged by the treating doctors on 03/03/18. On 07/03/18 Dr Somoye returned to hospital with severe abdominal pain. She subsequently vomited faeces, collapsed, and suffered a fatal cardiac arrest.’

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Parklane Plowden Chambers, 3rd March 2023

Source: www.parklaneplowden.co.uk

Czernuska v King: Is Recklessness Required in Sporting Injury Cases? – Ropewalk Chambers

Posted April 5th, 2023 in chambers articles, damages, negligence, news, personal injuries, sport by sally

‘In Czernuszka v King [2023] EWHC 380 (KB), the Claimant, an amateur rugby player was tragically rendered paraplegic and wheelchair-dependent for the rest of her life. She claimed damages in negligence against the Defendant, who carried out the tackle which caused this injury.’

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Ropewalk Chambers, 31st March 2023

Source: ropewalk.co.uk

Report to set out details on compensation for victims of infected blood scandal – The Independent

Posted April 5th, 2023 in blood products, compensation, government departments, HIV, inquiries, news, victims by sally

‘Details on compensation for victims of the infected blood scandal is expected to be set out in a report.’

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The Independent, 5th April 2023

Source: www.independent.co.uk

The Thirteen Axioms of Fact-finding – Ropewalk Chambers

Posted April 5th, 2023 in asbestos, cancer, chambers articles, compensation, damages, families, industrial injuries, news, standard of proof by sally

‘Briggs v Drylined Homes Ltd [2023] EWHC 382 (KB) (judgment here) concerned a claim by the widow of Mr Brian Briggs, who died in 2017 after contracting mesothelioma. The Claimant brought a claim against one of her husband’s former employers, Drylined Homes Ltd (“DHL”). DHL had engaged Mr Briggs between approximately 1975 and 1979 to carry out “drylining”, namely putting up plasterboards during house construction.’

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Ropewalk Chambers, 1st March 2023

Source: ropewalk.co.uk

Liverpool school abuse: Survivors take legal action against council – BBC News

Posted April 5th, 2023 in child abuse, child cruelty, children, duty of care, local government, news, school children, sexual offences by sally

‘A group of former pupils who were subjected to sexual and physical abuse at a school have begun legal action against the council which ran it.’

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BBC News, 5th April 2023

Source: www.bbc.co.uk

Guide to UK online children’s code scope published – OUT-LAW.com

Posted April 5th, 2023 in bills, children, codes of practice, consultations, data protection, internet, news by sally

‘The growing focus of regulators on ensuring children are safe to use online services has been brought into sharp focus with recent actions of the UK’s data protection authority, a technology law expert has said.’

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OUT-LAW.com, 4th April 2023

Source: www.pinsentmasons.com

Mother and partner convicted over death of Lola James, two, in Wales – The Guardian

Posted April 5th, 2023 in causing death of children or vulnerable adults, children, families, murder, news by sally

‘A mother and her partner face jail after being convicted over the death of a two-year-old girl who suffered horrific injuries in an attack at the family home.’

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The Guardian, 4th April 2023

Source: www.theguardian.com

Grooming gangs and ethnicity: What does the evidence say? – BBC News

Posted April 5th, 2023 in child abuse, children, gangs, government departments, news, Pakistan, sexual grooming, sexual offences, statistics by sally

‘The prime minister says victims of grooming gangs have been ignored because of political correctness.’

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BBC News, 4th April 2023

Source: www.bbc.co.uk

High-Value NIHL Claims: Application of the Ogden Tables – Ropewalk Chambers

Posted April 5th, 2023 in armed forces, chambers articles, contribution, damages, disabled persons, negligence, news, noise, personal injuries by sally

‘A former Royal Marine was medically discharged at the age of 29 years with noise-induced hearing loss (“NIHL”) and tinnitus sustained after training exercises. Primary liability was admitted.’

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Ropewalk Chambers, 28th March 2023

Source: ropewalk.co.uk

TikTok fined £12.7m for illegally processing children’s data – The Guardian

Posted April 5th, 2023 in children, data protection, fines, internet, news, ombudsmen by sally

‘TikTok has been fined £12.7m for illegally processing the data of 1.4 million children under 13 who were using its platform without parental consent, Britain’s data watchdog said.’

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The Guardian, 4th April 2023

Source: www.theguardian.com

Met Police: Former officer found guilty of rape – BBC News

Posted April 5th, 2023 in disciplinary procedures, news, police, professional conduct, rape, sexual offences, victims by sally

‘A former Metropolitan Police officer has been found guilty of raping a woman while he was off duty.’

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BBC News, 4th April 2023

Source: www.bbc.co.uk

Fundamental Dishonesty: An Update – Ropewalk Chambers

Posted April 5th, 2023 in chambers articles, deceit, fundamental dishonesty, news, trials by sally

‘In order to have a sense of how my own experience was mirrored by colleagues in Ropewalk Chambers, I conducted a recent survey asking colleagues for their own experiences regarding fundamental dishonesty at trial.’

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Ropewalk Chambers, 30th March 2023

Source: ropewalk.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted April 4th, 2023 in legislation by michael

SI 2023/405 – The Care and Support (Charging and Assessment of Resources) (Amendment) (No. 2) Regulations 2023

SI 2023/404 – The Treasure (Designation) (Amendment) Order 2023

SI 2023/403 – The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023

SI 2023/402 – The Local Government and Elections (Wales) Act 2021 (Corporate Joint Committees) (Consequential Amendments) Order 2023

SI 2023/400 – The Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2023

SI 2023/399 – The Occupational Pension Schemes (Administration, Investment, Charges and Governance) and Pensions Dashboards (Amendment) Regulations 2023

SI 2023/397 – The Parole Board (Amendment) Rules 2023

SI 2023/396 – The Higher-Risk Buildings (Key Building Information etc.) (England) Regulations 2023

SI 2023/395 – The Scotland Act 2016 (Commencement No. 5) (Amendment) Regulations 2023

SI 2023/393 – The Major Sporting Events (Income Tax Exemption) (Women’s Finalissima Football Match) Regulations 2023

SI 2023/392 – The Freedom of Information (Removal of References to Public Authorities) Order 2023

SI 2023/390 – The Criminal Justice Act 2003 (Home Detention Curfew) Order 2023

SI 2023/389 – The Electricity Supplier Obligations (Green Excluded Electricity) (Amendment) Regulations 2023

SI 2023/388 – The Value Added Tax Act 1994 (Schedule 9) (Exemptions: Health and Welfare) (Amendment) Order 2023

SI 2023/387 – The Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 6 and Piloting, Transitional and Saving Provisions) Regulations 2023

SI 2023/386 – The School Teachers’ Pay and Conditions (England) (No. 2) (Amendment) Order 2023

SI 2023/385 – The Finance Act 2009 (VAT-related Payments) (Interest) (Appointed Day) Order 2023

SI 2023/384 – The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2023

SI 2023/383 – The Social Security (Special Rules for End of Life) Act 2022 (Commencement) Regulations 2023

SI 2023/382 – The Free Zone (Customs Site No. 1 East Midlands) Designation Order 2023

SI 2023/381 – The Environment Act 2021 (Commencement No. 6) Regulations 2023

Source: www.legislation.gov.uk

You should have read the CPR, judge tells litigant in person – Law Society’s Gazette

Posted April 4th, 2023 in civil procedure rules, judges, limitations, litigants in person, news by sally

‘A judge has chided a litigant in person for failing to familiarise himself with the civil procedure rules and the statutes governing limitation. Effectively quashing a defamation claim brought against Pakistani newspaper publishers, a broadcaster and a journalist, Master Cook said that claimant Shah Muhammad had not consulted the Kings Bench Guide and the CPR, both available online.’

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Law Society's Gazette, 3rd April 2023

Source: www.lawgazette.co.uk

Raab urged to fast-track plans to force criminals to attend sentencing – The Guardian

Posted April 4th, 2023 in murder, news, sentencing, sexual offences, victims by sally

‘Dominic Raab has been urged to fast-track plans to force criminals to attend their sentencing after the murderer of nine-year-old Olivia Pratt-Korbel refused to leave his cell to be sentenced on Monday.’

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The Guardian, 4th April 2023

Source: www.theguardian.com