R (Rowley) v Minister for the Cabinet Office – Equality Law Blog

‘In this case the High Court (Fordham J) ruled that the respondent had discriminated against the claimant, who was profoundly deaf, by failing to provide of British sign language (“BSL”) interpreters for Government live briefings to the public about the Covid-19 pandemic on 21 September 2020 and 12 October 2020. The claimant challenged the failures on those occasions and also sought to challenge the respondent’s continuing refusal to use “on-platform” as distinct from “in-screen” BSL interpreters for briefings. The claimant sought to establish failures of the PSED imposed by s149 of the Equality Act 2010 in respect of the defendant’s ongoing approach to briefings, as well as failures of the duty to make reasonable adjustments imposed by ss20 and 29(7)(a) of the Act. The PSED claim failed as did the reasonable adjustment challenge to ongoing (“in-screen” BSL) briefings. The decision includes a comprehensive discussion of the leading authorities on disability discrimination in the context of services/public authorities.’

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Equality Law Blog, 13th October 2021

Source: equalitylawblog.com

Parliamentary Inquiry Condemns UK Government’s Handling Of Coronavirus – Each Other

Posted October 14th, 2021 in coronavirus, human rights, inquiries, news, reports, select committees by sally

‘The UK’s handling of the coronavirus pandemic has been deemed one of the worst ever public health failures, according to an inquiry report.’

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Each Other, 13th October 2021

Source: eachother.org.uk

Facebook whistleblower claims checked for breach of UK law – BBC News

Posted October 14th, 2021 in children, internet, mental health, news, privacy, whistleblowers by sally

‘The data-privacy watchdog has written to a Facebook whistleblower, requesting her full evidence to see whether the technology company has broken UK law.’

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BBC News, 13th October 2021

Source: www.bbc.co.uk

Tommy Robinson gets five-year stalking order after harassing journalist – The Guardian

Posted October 14th, 2021 in harassment, media, news, proscribed organisations, stalking by sally

‘Tommy Robinson has been given a five-year stalking protection order after he shouted abuse outside the home of a journalist and threatened to repeatedly return to her address.’

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The Guardian, 13th October 2021

Source: www.theguardian.com

Police officer guilty of misconduct over handling of mental health patient who died in custody – The Independent

‘A police sergeant who failed to properly assess a “vulnerable” woman in his custody who later died is guilty of gross misconduct.’

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The Independent, 12th October 2021

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted October 13th, 2021 in law reports by sally

Court of Appeal (Civil Division)

Wynne-Finch & Ors v Natural Resources Body for Wales [2021] EWCA Civ 1473 (12 October 2021)

Revenue And Customs v Ampleaward Ltd [2021] EWCA Civ 1459 (08 October 2021)

High Court (Administrative Court)

KTT, R (on the application of) v Secretary of State for the Home Department [2021] EWHC 2722 (Admin) (12 October 2021)

High Court (Commercial Court)

Dooley & Ors v Castle Trust & Management Services Ltd [2021] EWHC 2682 (Comm) (13 October 2021)

Deutsche Bank AG London v Comune di Busto Arsizio [2021] EWHC 2706 (Comm) (12 October 2021)

High Court (Family Division)

Malone, Re (Contempt of Court) [2021] EWHC 2723 (Fam) (11 October 2021)

High Court (Queen’s Bench Division)

Savigar v Ainscough Crane Hire Ltd [2021] EWHC 2707 (QB) (11 October 2021)

Source: www.bailii.org

UK Competition Appeal Tribunal certifies first excessive pricing class action – OUT-LAW.com

Posted October 13th, 2021 in appeals, class actions, competition, damages, news, telecommunications by sally

‘The Competition Appeal Tribunal (CAT) has given the go-ahead to the UK’s first “excessive pricing” abuse of dominance claim, which could involve up to 2.3 million customers and damages of up to £469 million, plus interest.’

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OUT-LAW.com, 12th October 2021

Source: www.pinsentmasons.com

Breach of Duty and Hospital Guidelines: Thorley v Sandwell & West Birmingham Hospitals NHS Trust [2021] EWHC 2604 (QB) – Ropewalk Clinical Negligence Blog

‘This case considered the interplay between hospital guidelines and breach of duty in the clinical negligence setting.’

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Ropewalk Clinical Negligence Blog, 12th October 2021

Source: www.ropewalk.co.uk

Harmful emissions and human rights duties – Local Government Lawyer

Posted October 13th, 2021 in children, environmental health, health, human rights, local government, news, waste by sally

‘Stephen Tromans QC and Victoria Hutton consider a significant High Court ruling on the duties of the Environment Agency in relation to a landfill site.’

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Local Government Lawyer, 8th October 2021

Source: www.localgovernmentlawyer.co.uk

Seeing wellbeing as a weakness must change for all our sakes – Family Law

Posted October 13th, 2021 in barristers, family courts, mental health, news by sally

‘Earlier this year we did a chambers wide audit of mental health and wellbeing and provided a wellbeing workshop for barristers and staff. I have been in practice for nearly thirty years and the mantra “work comes first” dominates my work ethic. I know this has been to my detriment. For example, going to court on the morning my father died because I couldn’t let the court down.’

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Family Law, 8th October 2021

Source: www.familylaw.co.uk

Speech by the President of the Family Division: Supporting Families in Conflict – There is a better way – Courts & Tribunals Judiciary

‘An Address by Sir Andrew McFarlane to the Jersey International Family Law Conference 2021.’

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Courts & Tribunals Judiciary, 11th October 2021

Source: www.judiciary.uk

Financial Remedy Update, October 2021 – Family Law Week

‘Stephanie Hawthorn, associate, and Robert Jackson, trainee solicitor, at Mills & Reeve LLP, consider the important news and case law relating to financial remedies and divorce during September 2021.’

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Family Law Week, 8th October 2021

Source: www.familylawweek.co.uk

Court dismisses 28 separate divorce petitions with identical wording – Law Society’s Gazette

Posted October 13th, 2021 in divorce, families, family courts, news by sally

‘A family court judge has dismissed 28 divorce petitions from the same company after a finding that particulars of behaviour were “absolutely identical” to each other.

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Law Society's Gazette, 12th October 2021

Source: www.lawgazette.co.uk

Court throws out wasted costs order bid against Baker McKenzie – Law Society’s Gazette

Posted October 13th, 2021 in costs, law firms, news, professional conduct, wasted costs orders by sally

‘A High Court judge has opted against making a wasted costs order against global firm Baker McKenzie following an application from their litigation opponents.’

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Law Society's Gazette, 12th October 2021

Source: www.lawgazette.co.uk

Police officer cleared over moped rider’s death during high-speed chase – The Independent

Posted October 13th, 2021 in dangerous driving, homicide, news, police, professional conduct by sally

‘A Metropolitan Police officer has been cleared of causing the death by dangerous driving of an 18-year-old man during a high-speed chase.’

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The Independent, 12th October 2021

Source: www.independent.co.uk

Sarah Everard: Police forces to review allegations of sex offences and domestic abuse involving serving officers – The Independent

‘All police forces in England and Wales are to review allegations of indecent exposure, sex offences and violence against women by serving officers.’

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The Independent, 12th October 2021

Source: www.independent.co.uk

Richmond man who bit and throttled pregnant woman jailed – BBC News

Posted October 13th, 2021 in assault, harassment, imprisonment, news, pregnancy, restraining orders, sentencing by sally

‘A man who bit and throttled a pregnant woman during a 14-month campaign of abuse has been jailed.’

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BBC News, 12th October 2021

Source: www.bbc.co.uk

Trafficking victims should be granted leave to remain in UK, high court rules – The Guardian

‘Thousands of victims of trafficking who have been left to languish in the immigration system for years should be granted leave to remain, the high court has said in a landmark ruling.’

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The Guardian, 12th October 2021

Source: www.theguardian.com

Amazon drivers look to sue for compensation over rights – BBC News

‘A law firm is seeking to launch a group action against Amazon over employee rights for delivery drivers.’

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BBC News, 13th October 2021

Source: www.bbc.co.uk

Statutory Instruments – legislation.gov.uk

Posted October 12th, 2021 in legislation by sally

SI 2021/1130 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 14) Regulations 2021

SI 2021/1124 – The Non-Maintained Special Schools (England) and Independent School Standards (Amendment) Regulations 2021

SI 2021/1132 – The Jobseeker’s Allowance and Employment and Support Allowance (Amendment) Regulations 2021

SI 2021/1127 – The Financial Services and Markets Act 2000 (Exemption) (Amendment) Order 2021

SI 2021/1125 – The Civil Enforcement of Parking Contraventions Designation Order 2021

SI 2021/1122 – The Local Government (Assistants for Political Groups) (Remuneration) (England) Order 2021

SI 2021/1110 – The Radiation Emergency and Consultation Regulations 2021

SI 2021/1129 – The Social Security (Information-sharing in relation to Welfare Services etc.) (Amendment) Regulations 2021

SI 2021/1128 – The Motor Vehicles (Driving Licences) (Amendment) Regulations 2021

Source: www.legislation.gov.uk