Independent Review of Children’s Social Care urges shift from crisis intervention, calls for ‘expert child protection practitioner’ role, regional care cooperatives and increased support for kinship carers – Local Government Lawyer

Posted May 25th, 2022 in children, families, local government, news, social services by sally

‘The current system of children’s social care is increasingly skewed to crisis intervention and a radical reset is now “unavoidable”, the final report of the Independent Review of Children’s Social Care has said.’

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Local Government Lawyer, 23rd May 2022

Source: www.localgovernmentlawyer.co.uk

Ali v Heathrow Express Operating Company Ltd & Anor – Equality Law Blog

Posted May 25th, 2022 in airports, appeals, employment, employment tribunals, equality, Islam, news, religious discrimination, terrorism by sally

‘This decision is a reminder that, where unwanted conduct related to a protected characteristic is not intended to offend, intimidate, etc, an objective test applies to the question whether conduct amounts to harassment. The claimant was a Muslim employee of Heathrow Express. He complained of harassment and direct discrimination connected with religion after receiving an email concerning a security test carried out by the second respondent, which was responsible for carrying out security checks at Heathrow Airport and Heathrow Express stations at the airport. The test in question had involved a bag containing a box, some electric cabling and, visible at the top, a piece of paper with the words “Allahu Akbar” written in Arabic. The email reporting on the results of the test and included images of the bag and the note.’

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Equality Law Blog, 24th May 2022

Source: equalitylawblog.com

Police in England and Wales to get anti-racism training – BBC News

Posted May 25th, 2022 in bias, equality, news, police, race discrimination, racism by sally

‘Police officers in England and Wales will be given mandatory anti-racism training under a new plan to tackle racism, discrimination and bias.’

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BBC News, 24th May 2022

Source: www.bbc.co.uk

Imran Ahmad Khan sentenced to 18 months over sexual assault of boy, 15 – The Guardian

Posted May 24th, 2022 in child abuse, news, sentencing, sexual offences by sally

‘The former Conservative MP Imran Ahmad Khan has been sentenced to 18 months in jail for sexually assaulting a 15-year-old boy after plying him with gin at a party in 2008.’

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The Guardian, 23rd May 2022

Source: www.theguardian.com

Merely technical breaches of TUPE, and can liability survive a withdrawal? – 3PB

Posted May 24th, 2022 in compensation, employment tribunals, news, transfer of undertakings by sally

‘The Employment Appeal Tribunal considered the Tribunal’s discretion to make (or not make) an award of compensation for breaches of TUPE Regulations, and the effect of withdrawal of a claim on a defendant’s liability to pay compensation, in circumstances where the claimant has no freestanding right to bring a claim against them.’

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3PB, 3rd May 2022

Source: www.3pb.co.uk

Case Management Order unintentionally struck out claim – 3PB

Posted May 24th, 2022 in appeals, case management, employment tribunals, litigants in person, news, striking out by sally

‘It is commonplace – as the President of the EAT observed in this appeal – for ETs, carrying out their case management functions at a private preliminary hearing, to seek to clarify the claims that are being pursued and to draw up a list of issues to be determined at the full merits hearing in order to decide those claims. In the present case, such a task came before an EJ sitting alone at a closed preliminary hearing – together with a great quantity of material including a document setting out the claimant’s grounds of complaint over some 64 pages.’

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3PB, 3rd May 2022

Source: www.3pb.co.uk

Experts on Trial – 4KBW

Posted May 24th, 2022 in building law, chambers articles, construction industry, expert witnesses, news by sally

‘Chris Bryden and Georgia Whiting write in the April edition of Construction Law, examining case law surrounding the role of expert witnesses, which suggests a worrying trend towards a loosening of the established principles of how experts should behave, and are instructed.’

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4KBW, 4th May 2022

Source: www.4kbw.co.uk

Paper-only small claims pilot “likely to do injustice” to litigants – Legal Futures

Posted May 24th, 2022 in county courts, litigants in person, news, pilot schemes, small claims by sally

‘A pilot scheme that will see small claims cases determined on the paper in six county courts from next month is “likely to do injustice” to litigants, an academic has argued.’

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Legal Futures, 24th May 2022

Source: www.legalfutures.co.uk

Exclusions and independent schools: options for families – 5SAH

Posted May 24th, 2022 in complaints, contracts, equality, news, school exclusions by sally

‘England and Wales are home to some of the world’s most celebrated independent schools. They provide life-changing opportunities and are seen by many as a passport to success.’

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5SAH, 17th May 2022

Source: www.5sah.co.uk

UK watchdog fines facial recognition firm £7.5m over image collection – The Guardian

Posted May 24th, 2022 in data protection, facial mapping, fines, internet, news by sally

‘The UK’s data watchdog has fined a facial recognition company £7.5m for collecting images of people from social media platforms and the web to add to a global database.’

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The Guardian, 23rd May 2022

Source: www.theguardian.com

Court of Appeal refuses injunction to enforce 12 month non-compete covenant – Blackstone Chambers

Posted May 24th, 2022 in appeals, competition, contract of employment, damages, delay, injunctions, news, restrictive covenants by sally

‘In Planon v Gilligan [2022] EWCA Civ 642 the Court of Appeal refused to grant an injunction to enforce a 12-month non-compete covenant that had only four months left to run by the time of the appellate hearing.’

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Blackstone's Chambers, 20th May 2022

Source: www.employeecompetition.com

Fulham FC v Jones [2022] EWHC 1108 (QB) – Blackstone Chambers

Posted May 24th, 2022 in news by sally

‘The claim, brought by Mr Jones, concerned a tackle that occurred in the second half of a competitive football match played between the u18s teams of Swansea FC (Mr Jones’s team) and Fulham FC. In the course of the match, Mr Jones was tackled by a Fulham player, Mr Jayden Harris.’

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Blackstone Chambers, 18th May 2022

Source: www.sportslawbulletin.org

Court of Appeal: transfer of assets abroad tax rules should be ‘kept in reserve’ – OUT-LAW.com

Posted May 24th, 2022 in news by sally

‘HM Revenue & Customs should not be seeking to apply the transfer of assets abroad (TOAA) code in priority over the standard employment tax provisions, the Court of Appeal in London has suggested.’

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OUT-LAW.com, 23rd May 2022

Source: www.pinsentmasons.com

Why The Human Rights Act Matters To Journalists – Each Other

Posted May 24th, 2022 in bills, human rights, media, news by sally

‘The Justice Secretary, Dominic Raab, recently took to the Mail Online to justify his plans to introduce a Bill of Rights replacing the Human Rights Act (HRA), the UK law that obliges the government to ensure our rights as citizens are upheld.’

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Each Other, 23rd May 2022

Source: eachother.org.uk

Make legal advice available at GP surgeries and libraries, says think tank – Legal Futures

Posted May 23rd, 2022 in civil justice, doctors, legal advice, libraries, local government, news by sally

‘Making legal advice available at GP surgeries, council offices, libraries and other convenient locations can help more people get more “timely” access to civil justice, according to a think tank report published today.’

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Legal Futures, 23rd May 2022

Source: www.legalfutures.co.uk

Agent’s abused former partner in legal action against MI5 – BBC News

Posted May 23rd, 2022 in coercive & controlling behaviour, compensation, complaints, domestic violence, human rights, intelligence services, news, ombudsmen, professional conduct by sally

‘A woman who was terrorised and abused by an MI5 agent is taking legal action against the security service.’

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BBC News, 21st May 2022

Source: www.bbc.co.uk

The Specialist Commercial Bar & Black Inclusion – First Steps – The Chancery Bar Association

Posted May 23rd, 2022 in barristers, diversity, equality, news by sally

‘The Equality and Diversity Sub-Committees of COMBAR, ChBA and Tecbar (the “SBAs”) are delighted to issue the report “The Specialist Commercial Bar & Black Inclusion – First Steps” (“the Report”) for consideration by members and member sets.’

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The Chancery Bar Association, April 2022

Source: www.chba.org.uk

In what circumstances can proprietary estoppel defeat an express declaration of trust? – Tanfield Chambers

Posted May 23rd, 2022 in appeals, chambers articles, conveyancing, estoppel, news, repossession, trespass by sally

‘A decision on whether to give permission to appeal should not ordinarily be cited unless it clearly indicates that it purports to establish a new principle or to extend the present law – so said Lord Woolf CJ in Practice Direction (Citation of Authorities) 2001 1 W.L.R. 1001. To specialist practitioners, however, permission applications remain of interest in dynamic areas such as proprietary estoppel.’

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Tanfield Chambers, 11th May 2022

Source: www.tanfieldchambers.co.uk

Proving Missing Wills: Cooper and Anor v Chapman and Anor – St John’s Buildings

Posted May 23rd, 2022 in chambers articles, news, probate, wills by sally

‘In Re the estate of Cooper, deceased (probate); Cooper (a child, by her litigation friend) and another v Chapman and others [2022] EWHC 1000 (Ch), a draft will found on the Deceased’s computer after his death could be admitted to probate as his last will in circumstances where the executed will could not be located, and the fact that it could not be located did not mean that it should be presumed to have been revoked by the Deceased.’

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St John's Buildings, May 2022

Source: stjohnsbuildings.com

The Whole Life Order: Have the Floodgates Been Opened? – Pump Court Chambers

Posted May 23rd, 2022 in chambers articles, imprisonment, kidnapping, murder, news, rape, sentencing, sexual offences, statutory interpretation by sally

‘Events that occurred in March 2021 instituted a widespread heated debate both domestically and internationally as a consequence of the murder of Sarah Everard at the hands of police officer Wayne Couzens. It sparked a global women’s safety movement and erosion of public confidence in police protection, alongside sparking conversations around inequality, misogyny and victim-blaming. Further, it was also a rare case of a whole life order being handed down for a single murder. Up there in the list of the most famous names in criminal history with Myra Hindley, Peter Sutcliffe and Rosemary West, now stands the name Wayne Couzens. Putting aside societal, political and media considerations regarding this sentence, can interpretation of the statute and of sentencing provisions in this case be seen as opening the floodgates?’

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Pump Court Chambers, 10th May 2022

Source: www.pumpcourtchambers.com