‘Human rights groups are suing the Home Office over its decision to increase police stop and search powers, The Independent can reveal.’
The Independent, 3rd November 2021
Source: www.independent.co.uk
‘On 27 October 2021 the Supreme Court handed down judgment in Kostal UK Ltd v Dunkley & Ors [2021] UKSC 47, allowing the appeal by 57 members of Unite the Union, recognised by Kostal for collective bargaining purposes. This is the first occasion the appeal courts considered the interpretation of section 145B of the Trade Union & Labour Relations (Consolidation) Act 1992, which was introduced following the decision of the ECtHR in Wilson/Palmer v United Kingdom [2002] IRLR 568. S. 145B gives trade union members the right not to receive offers from their employer which, if accepted, would have the result that one or more terms of their employment will not (or will no longer) be determined by collective bargaining (the “prohibited result”), if (but only if) if the employer’s sole or main purpose in making the offers is to achieve the prohibited result. Where liability is established, the Employment Tribunal (ET) must make a prescribed award (currently £4,341) to each member to whom the offer is made.’
Old Square Chambers, 27th October 2021
Source: oldsquare.co.uk
‘Collective failures by the security services, police and probation officers before the terrorist killings at Fishmongers’ Hall in London must be addressed to avoid a similar attack in future, a coroner has warned.’
The Guardian, 3rd November 2021
Source: www.theguardian.com
‘The Claimant was employed as a labourer by the Second Defendant (‘YKS’) who, in turn, were engaged by the Appellant Fourth Defendant (‘Buttar’) as an independent brickwork contractor. The First and Third Defendants were individuals who controlled the Second and Fourth Defendants. The Claimant suffered catastrophic injuries at a building site and brought proceedings in negligence against, inter alia, YKS, as his employer; and Buttar, as the main contractor on site. The Court recognised that there was a compelling need for an interim payment to fund an appropriate rehabilitation package for the Claimant if he was able to satisfy the legal requirements for obtaining the same.’
Gatehouse Chambers, 28th October 2021
Source: gatehouselaw.co.uk
‘The “labyrinthine structure and idiosyncratic drafting” of the Immigration Rules (the Court of Appeal’s words, not mine), sometimes makes it difficult to divine the meaning and purpose of UK immigration laws. This is perhaps never more true than in the case of 3C leave. In the recent decisions of Akinola and Hoque, the Court of Appeal has been attempting to makes sense of the situation and what it means for 10-year long residence applications.’
5SAH, 20th October 2021
Source: www.5sah.co.uk
‘Slightly different from the topic envisaged at the end of part 2 of the cyber series, this article deals with two circumstances. Firstly, the right to access educational data via a subject access request (prompted by a recent issue in my caseload) and, secondly, the data protection obligations owed by further and higher education institutions (“HEIs”) in situations of crisis on campus.’
3PB, 26th October 2021
Source: www.3pb.co.uk
‘The civil justice system and some areas of the law in England and Wales are “in desperate need of modernisation”, a report by the Social Market Foundation (SMF) has found.’
Legal Futures, 4th November 2021
Source: www.legalfutures.co.uk
‘A man who livestreamed himself on Facebook racially abusing three England football players after the Euro 2020 final has been jailed.’
The Guardian, 3rd November 2021
Source: www.theguardian.com
‘An exclusive London casino racially discriminated against one of its dealers by allowing a request by a patron not to have black dealers at their table, an employment tribunal has found.’
The Guardian, 2nd November 2021
Source: www.theguardian.com
‘The issue of how the protection of privacy rights should be balanced as against the fundamental public interest in achieving transparency and open justice within the family justice system has long vexed the family division of the High Court. On the one hand, ensuring the confidentiality of family law proceedings is crucial both in terms of protecting the fundamental privacy rights of those individuals who find themselves caught up in such proceedings and in terms of maximising their engagement in the process. On the other hand, a lack of meaningful transparency around the work of the family courts undermines public trust in the family justice system, increases the risk of miscarriages of justice and inhibits the public’s ability to press for reforms of the system on a properly informed basis. The family courts have for a number of years recognised that this balance was weighted too strongly in favour of preserving the confidentiality of family court proceedings, but that still left the fantastically difficult question of how the system should be reformed so as to increase the level of transparency. These are issues that were considered most recently by the courts in the case of Newman v Southampton City Council [2021] EWCA Civ 437. In that case, a journalist who had been unable to attend the first instance hearings of a particular high profile adoption case, was seeking access to the documents which had been placed before the first instance court. The Court of Appeal concluded that the High Court had been right to conclude that the balance of interests tipped in favour of preserving the confidentiality of the majority of relevant documents. However, it also observed that the case served to ‘underline the need for the Transparency Review’ (paragraph 92).’
Panopticon, 2nd November 2021
Source: panopticonblog.com
‘When DCI Simon Harding said that police officers viewed Wayne Couzens not as a police officer who was a murderer but as “a murderer who happened to be a police officer”, he was perhaps telling us more than he meant to about police culture. You might think that his cue came from the very top, after, in June, Dame Cressida Dick described the police as a body where you might find an “occasional bad’un”.’
Doughty Street Chambers, 5th October 2021
Source: insights.doughtystreet.co.uk
‘The CJA 2003 introduced a sea-change in how bad character evidence was admitted in criminal proceedings. This article is a discussion on the important but difficult subject of when and how bad character evidence may be admitted in a health and safety prosecution. In particular, we consider applications to admit Enforcement Notices issued by the Health and Safety Executive where the prosecution seeks to rely on these Notices as evidence to prove the defendant’s propensity to offend.’
Henderson Chambers, 1st November 2021
Source: www.hendersonchambers.co.uk
‘The Supreme Court has handed down judgment this morning in a case of “constitutional importance” concerning the Home Office’s non-compliance with a tribunal bail order.’
Garden Court Chambers, 20th October 2021
Source: www.gardencourtchambers.co.uk
‘The UK Supreme Court has provided guidance on the English law approach to questions of the applicable law of an arbitration agreement in a key recent judgment.’
OUT-LAW.com, 2nd November 2021
Source: www.pinsentmasons.com
‘On 20 October 2021 the government published the latest statutory guidance for Chief Officers of Police. It comes into force on 1 November 2021. Given that the consultation was in 2019 it is almost certain that the timing of its publication and much of its content are a direct result of the tragic events in Plymouth on 12 August 2021, where five people were killed and two others injured by a man using a semi-automatic shotgun for which he held a shotgun certificate. This prompted steps to make the process of obtaining and, in particular, retaining a firearms or shotgun certificate more robust.’
5SAH, 25th October 2021
Source: www.5sah.co.uk
‘This case relates to a dispute arising in the context of a longstanding commercial arrangement, the terms of which had never been reduced to writing. The court considered whether an overriding agreement had been expressly entered into by the parties, as well as whether a number of terms formed part of the agreement between them, either by implication or subsequent variation. Such terms included an agreement on exclusivity, a duty to act in good faith, and a duty to use best endeavours, among others. The case also explores the requirements for a relational contract by reference to the overriding agreement and a number of Specific Supply Agreements (SSAs), and serves as a useful reminder for parties entering commercial arrangements of the pitfalls of failing to reduce their agreement to writing, particularly in the light of the fallible nature of oral evidence. Written by Mariya Peykova, barrister at 3PB Barristers.’
3PB, 15th October 2021
Source: www.3pb.co.uk
Court of Appeal (Civil Division)
Siddiqui v Siddiqui & Anor [2021] EWCA Civ 1572 (02 November 2021)
Disclosure and Barring Service v AB [2021] EWCA Civ 1575 (01 November 2021)
High Court (Administrative Court)
O’Connor v Crown Prosecution Service [2021] EWHC 2900 (Admin) (02 November 2021)
Essel, Review of the tariff [2021] EWHC 2920 (Admin) (02 November 2021)
High Court (Chancery Division)
Richmondshire District Council v Dealmaster Ltd & Anor [2021] EWHC 2892 (Ch) (01 November 2021)
High Court (Commercial Court)
ECU Group PLC v HSBC Bank PLC & Ors [2021] EWHC 2875 (Comm) (01 November 2021)
High Court (Queen’s Bench Division)
Mann v Towarzystwo Ubezpieczen Inter Polska SA & Ors [2021] EWHC 2913 (QB) (01 November 2021)
Source: www.bailii.org
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