‘An employment tribunal has rejected disability discrimination claims made against a Welsh law firm by a paralegal dismissed after just nine days for his poor timekeeping.’
Legal Futures, 10th January 2023
Source: www.legalfutures.co.uk
‘The government will introduce a bill to Parliament on Tuesday which would ensure public sector services maintain minimum service levels during strike action.’
BBC News, 10th January 2023
Source: www.bbc.co.uk
‘The Transport Strikes (Minimum Service Levels) Bill, currently passing through the UK Parliament, seeks to establish minimum service levels for transport provision following widespread industrial action on the country’s railways. The UK government describes the Bill as necessary ‘to keep Britain moving during transport strikes’. While the legislation’s effectiveness has been questioned elsewhere, the Bill also raises several issues in relation to international human rights law, some of which will be the focus of this blog post.’
Oxford Human Rights Hub, 9th January 2023
Source: ohrh.law.ox.ac.uk
‘Where a local authority (the “Billing Authority”) has reasonable grounds for believing that a person (individual or company) is liable for national non-domestic rates (“business rates”) in respect to a premises (a “hereditament”), the Billing Authority is likely to serve a demand notice upon that person (the “alleged ratepayer”; or “demandee”) in respect to a liability period. The service of the demand notice being the first stage in seeking payment from the ratepayer.’
33 Bedford Row, 19th December 2022
Source: www.33bedfordrow.co.uk
‘Legal regulators can reduce the amount of enforcement work they need to undertake if they can build enough trust that lawyers will approach them before things go wrong, an event has heard.’
Legal Futures, 10th January 2023
Source: www.legalfutures.co.uk
‘In this episode, Emma-Louise Fenelon speaks to Margaret Bowron KC about how to avoid disastrous expert evidence.’
Law Pod UK, 9th January 2022
Source: audioboom.com
‘A former family doctor has received two more life sentences, after sexually assaulting four women during unnecessary examinations.’
BBC News, 9th January 2022
Source: www.bbc.co.uk
‘The Domestic Abuse Act 2021 came into force in April 2021. Section 65 of the Act (which amends the Matrimonial and Family Proceedings Act 1984 (MFPA) creates prohibitions which “prohibit cross-examination in person”.’
Garden Court Chambers, 23rd December 2022
Source: www.gardencourtchambers.co.uk
‘The chief executive of BrewDog has paid out almost £500,000 from his own pocket to winners of a bungled “solid gold” beer can promotion which he has admitted made the controversial brewer look “dishonest and disingenuous”.’
The Guardian, 9th January 2023
Source: www.theguardian.com
‘It is commonplace now for the trustee of almost any sort of trust to be a company, and for the individuals who may colloquially be referred to as “the trustees” to in fact not be trustees at all, but to be the directors of the trustee company. Occupational pension schemes have been particularly keen adopters of this structure. In some respects it makes little difference to the beneficiaries: the trustee is the trustee, whether an individual or a company. But when the individuals involved are alleged to have acted in breach of their duties, the corporate structure allows for more complex claims than the ordinary breach of trust claim that would be brought against individual trustees.’
Wilberforce Chambers, 20th December 2022
Source: www.wilberforce.co.uk
‘The benefits of rehabilitation are well known. Numerous academic studies have demonstrated its importance and the net economic benefit (to both society and insurers) from its early introduction and funding. Despite that, many insurers continue to take a hostile and unsupportive attitude driven, perhaps, by a suspicion that a claimant will seek to introduce care, therapies, equipment or accommodation that might somehow increase the value of any eventual claim. I don’t believe that to be the case. In fact, my own experience is strongly that those insurers and defendant solicitors who actively support and fund early rehabilitation (and it is right to highlight that many do), even when liability is disputed, invariably end up achieving an earlier settlement with a costs saving and, on occasions, a saving in damages arising from the better recovery enjoyed by the claimant.’
Exchange Chambers, 22nd December 2022
Source: www.exchangechambers.co.uk
Boundary disputes, whether concerning large or small amounts of land, are evidentially and legally complex. As a result, they often involve significant costs. In Davis & Anor v Winner, His Honour Judge Mithani KC, in somewhat of a surprising judgment, stated, obiter dictum, that to prevent disproportionate costs in boundary disputes involving a small amount of land they should be allocated to the Small Claims Track (“SCT”). Davis has been subsequently relied upon by District Judges to allocate analogous cases to the SCT. However, given the complex characteristics of boundary disputes, it is necessary to undertake a detailed assessment of their suitability for the SCT.
Pallant Chambers, 14th December 2022
Source: www.pallantchambers.co.uk
‘Join Andreas Gledhill KC as he explores the implications of the recent Court of Appeal decision Re Compound Photonics Group Ltd; Faulkner v. Vollin Holdings Ltd [2022] EWCA Civ 1371.’
Blackstone Chambers, 13th December 2022
Source: www.blackstonechambers.com
‘Colin Wells discusses the recent case of ANP [2022] EWCA Crim 1111 in which the Court of Appeal (Criminal Division) considered the circumstances of when a case might be stayed as an abuse of process when important evidence has been lost or destroyed.’
25 Bedford Row, 5th December 2022
Source: www.25bedfordrow.com
‘AXX (A protected party by his litigation friend XRE) v. Zajac [2022] EWHC 2463 is the first reported case in the High Court (KBD) concerning the ‘new’ CPR Practice Direction 1A which requires the court to take all proportionate measures to address any impediment to a party’s participation in proceedings caused by their ‘vulnerability’. Master McCloud granted an application made on behalf of the Claimant (who was a protected party due to a psychotic condition which had arisen after his accident) for a trial of causation as a preliminary issue on the basis that, if successful at that stage, the Claimant could seek interim funding for treatment to address his psychiatric symptoms and allow him to participate fully in the subsequent quantum trial. The Master also refused an application from the Defendant for an ‘unless’ order (whereby the claim would be stayed unless the Claimant cooperated with examinations to be performed by the Defendant’s instructed medical experts) because of concerns about the Claimant’s capacity to consent to examination. This decision illustrates the important role that PD1A has in shaping case management decisions to protect the interests of parties with vulnerabilities.’
Exchange Chambers, 22nd December 2022
Source: www.exchangechambers.co.uk
High Court (Chancery Division)
Davies v O’Keeffe & Ors (Re Greenfrost Ltd & PMO Property Ltd) [2023] EWHC 5 (Ch) (06 January 2023)
High Court (Commercial Court)
Evrythng Ltd v Gilbert-Rolfe [2023] EWHC 7 (Comm) (06 January 2023)
Source: www.bailii.org
‘AEB v Secretary of State for the Home Department [2022] EWCA Civ 1512 (18 November 2022). In this deportation case, Underhill, Nicola Davies and Stuart-Smith LJJ held that where, on an appeal from the First-tier Tribunal (FTT), the Upper Tribunal (UT) found that where the FTT’s decision involved an error of law, it would normally re-make the decision instead of remitting it to the FTT, unless it was satisfied that the error had deprived a party of a fair hearing before the FTT. Where the UT was so satisfied, it would normally remit the decision to the FTT. If the UT chose instead to re-make the decision itself, it would have to give cogent reasons for doing so. “AEB” appealed against a decision of the UT upholding a deportation order made by the respondent SSHD. The appellant was a Nigerian national who had been in the UK for 30 years and who was separated from his partner but helped to care for their three children, all of whom had significant disabilities and special needs. In 2017, he was convicted of dishonesty and sentenced to 4 years’ imprisonment. As a result, the SSHD served a deportation decision under the automatic deportation provision set out in section 32 of the UK Borders Act 2007. AEB appealed to the FTT relying on article 8 of the ECHR, which brought into play the provisions of Part 5A of the Nationality, Immigration and Asylum Act 2002. But the FTT dismissed his appeal and UT set aside that dismissal on the basis that the FTT had made errors of law which had deprived AEB of a fair hearing.’
EIN Blog, 9th January 2023
Source: www.ein.org.uk
‘There is no legal definition of a “volunteer” or “intern” and no specific legislation covering employer-volunteer relationships.’
OUT-LAW.com, 6th January 2023
Source: www.pinsentmasons.com
‘The UK Advertising Standards Authority’s (ASA) recent ruling against gambling brand Ladbrokes and its operator LC International Ltd over a marketing tweet signals the regulator’s stringent approach in enforcing its new guidance to protect under 18s in the UK from gambling adverts.’
OUT-LAW.com, 6th January 2023
Source: www.pinsentmasons.com
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