‘Joel Wallace provides a review of the recent Supreme Court decision in Harpur Trust v Brazel [2022] UKSC 21. A copy of the judgment can be found here. Topics include: annual leave entitlement, annual leave pay, zero-hour contracts, gig workers and irregular workers.’
Littleton Chambers, 28th July 2022
Source: littletonchambers.com
‘Scotland has made public health history by making it the law for public settings to provide period products.’
BBC News, 15th August 2022
Source: www.bbc.co.uk
‘A middle-aged woman regarded as “menopausal” by her younger male boss has won an age discrimination case after being told not to let her hormones get “out of control”, an employment tribunal has heard.’
Daily Telegraph, 15th August 2022
Source: www.telegraph.co.uk
‘A man who created a racist Facebook post about the England footballers who missed penalties at Euro 2020 has been given a suspended prison sentence.’
BBC News, 15th August 2022
Source: www.bbc.co.uk
‘The oil company Esso has secured an interim high court injunction to prevent environmental protesters disrupting construction work on a 105km-long aviation fuel pipeline.’
The Guardian, 15th August 2022
Source: www.theguardian.com
‘Both s. 13 of the Data Protection Act 1998 (“DPA 98”) and Art. 82 of the General Data Protection Regulation (“GDPR”) provide an individual with a right to compensation where she suffers material or non-material damage (including distress) – see Google Inc v Vidal-Hall [2015] EWCA Civ 311 and s. 168 of the Data Protection Act 2018 (“DPA 18”) as a result of infringements of the data protection principles contained in the respective legislative schemes. The DPA 98 applies to data breaches occurring before 23 May 2018 whilst the GDPR, as supplemented by DPA 18, applies to breaches occurring on or after that date. After the end of the post-Brexit implementation period on 31 January 2020 the UK GDPR applies.’
Ropewalk Chambers, 26th July 2022
Source: www.ropewalk.co.uk
‘Every day there are reports of further strikes. Chaos on the railways, the London Underground brought to a standstill, airlines, teachers, the NHS: the list goes on. On one hand, people are fighting for their rights, some would say justifiably. On the other, employers are trying to keep things running. While strikes cause huge disruption for the public, they are also one of the few levers available to employees to bargain for their position.’
OUP Blog, 11th August 2022
Source: blog.oup.com
‘The child had been the subject of an “ABE” interview that was non-compliant with best practice guidance in various ways. She had undergone a medical examination, and the examining doctor concluded that against a backdrop of a clear allegation from the child, the clinical findings supported the allegation of penetrative abuse. Written evidence from a paediatrician concluded that hymenal notches were “suggestive” of penetration.’
Family Law Week, 1st August 2022
Source: www.familylawweek.co.uk
‘A judicial review challenge of Lambeth Council’s planning approval of a plan that would demolish part of a 1970s estate will be heard in November, making it the fourth judicial review application concerning the estate in seven years.’
Local Government Lawyer, 12th August 2022
Source: www.localgovernmentlawyer.co.uk
‘Getting the notice right is important for all construction contracts and NEC is no exception. Failing to issue a notice as required under the contract can have serious consequences and in NEC this is often an issue that arises in relation to the obligation to notify compensation events within an eight week period (clause 61.3 of NEC4 ECC). Another key issue arises in respect of the obligation to issue a notice of dissatisfaction within 28 days of an adjudicator’s decision, as a failure to do so will mean that such decision becomes final and binding, and cannot be challenged by referring it to the tribunal (clause W2.4(1) of NEC4 ECC). Three recent decisions have considered notices of dissatisfaction under NEC, highlighting the importance of getting it right.’
Practical Law: Construction Blog, 10th August 2022
High Court (Administrative Court)
High Court (Chancery Division)
Sangha v Estate of Diljit Kaur Sangha & Ors [2022] EWHC 2157 (Ch) (12 August 2022)
Salter Property Investments Ltd v PCL Planning Ltd & Anor [2022] EWHC 2115 (Ch) (12 August 2022)
Lappet Manufacturing Company Ltd & Anor v Rassam & Ors [2022] EWHC 2158 (Ch) (12 August 2022)
Monster Energy Company v Red Bull GmbH [2022] EWHC 2155 (Ch) (12 August 2022)
High Court (Commercial Court)
High Court (Family Division)
Source: www.bailii.org
‘A High Court judge recently dismissed a judicial review challenge over a council’s decision to issue a Breach of Condition Notice. Roderick Morton explains why.’
Local Government Lawyer, 12th August 2022
Source: www.localgovernmentlawyer.co.uk
‘The Upper Tribunal has confirmed appeals can be brought against review decisions of the SEN Tribunal for Wales. Matthew Wyard analyses the ruling.’
Local Government Lawyer, 12th August 2022
Source: www.localgovernmentlawyer.co.uk
‘The Solicitors Disciplinary Tribunal (SDT) was right not to order the Solicitors Regulation Authority (SRA) to seek information from the BBC on behalf of a solicitor facing prosecution, the High Court has ruled.’
Legal Futures, 15th August 2022
Source: www.legalfutures.co.uk
‘Many will recall the McCloud judgment, in which the Court of Appeal determined that the transitional provisions in the Government’s 2015 public sector pension schemes were age discriminatory. In response to the judgment, the Government agreed to unravel these changes. Last year, the Government announced its solution known as the McCloud Remedy. But what does this mean for pension trustees? Do these circumstances amount to grounds to set aside a financial remedy order?’
Family Law, 11th August 2022
Source: www.familylaw.co.uk
‘Lawyers leading a claim against a gender identity clinic said there could be as many as 1,000 clients who join the action.’
Law Society's Gazette, 12th August 2022
Source: www.lawgazette.co.uk
‘A “serial domestic abuse perpetrator” who escaped a rape prosecution after a series of official failings has been convicted of assaulting another woman.’
BBC News, 13th August 2022
Source: www.bbc.co.uk
‘A council caused a mother “serious distress and anxiety” by failing to provide her daughter, who has special needs, with appropriate education for seven months. Royal Borough of Windsor and Maidenhead will pay the mother £5,250 in compensation for the failures.’
BBC News, 15th August 2022
Source: www.bbc.co.uk
‘The prosecution of six protesters for attending a vigil for Sarah Everard has been halted.’
The Independent, 14th August 2022
Source: www.independent.co.uk
‘Campaigners are outraged that the stalled white paper has allowed three top English sides to sign new front-of-shirt agreements.’
The Guardian, 14th August 2022
Source: www.theguardian.com
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