Arbitrators escape the red card in Manchester City case – Practical Law: Construction Blog

Posted September 23rd, 2021 in arbitration, bias, news, remuneration, sport by sally

‘What, I hear you ask, am I doing writing about football? Well, despite the title of this blog, it’s actually about an arbitration and subsequent court proceedings that just happen to involve a football club. I think it’s interesting for a number of reasons, not least because it applies the Supreme Court’s findings in Halliburton Company v Chubb Bermuda Insurance Ltd, which I blogged about last year.’

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Practical Law: Construction Blog, 22nd September 2021

Source: constructionblog.practicallaw.com

Illegality in Clinical Negligence Claims – Ropewalk Clinical Negligence Blog

Posted September 23rd, 2021 in illegality, mental health, negligence, news, personal injuries by sally

‘A man with longstanding mental health issues walks into a pub with a can of petrol and a knife. He proceeds to pour the petrol on himself and says he is going to burn the pub down. The police are called, he is arrested and whilst in police custody, he undergoes a Mental Health Act assessment. It is alleged that the assessors negligently fail to recommend transfer to a secure psychiatric unit. The man alleges that he suffered an exacerbation of his mental health as a result of being transferred to a medium secure prison where he witnessed various unpleasant acts that he would not have witnessed in a secure psychiatric unit.’

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Ropewalk Clinical Negligence Blog, 22nd September 2021

Source: www.ropewalk.co.uk

Law and the Culture War – UK Human Rights Blog

Posted September 23rd, 2021 in belief discrimination, equality, gender, human rights, news, transgender persons by sally

‘The judgment in Forstater v CDG Europe UKEAT/0105/20/JOJ has forced the courts yet again to grapple with the transgender debate. We have already seen the judiciary face up to the challenging issues of whether children with gender dysphoria can consent to receiving puberty blockers (see recent decision in Bell v Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363). In the present case, the issue was whether the Claimant’s belief that biological sex is real, important, immutable, and not to be conflated with gender identity was a “philosophical belief” within the meaning of section 10 of Equality Act 2010 (“EqA”).’

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UK Human Rights Blog, 21st September 2021

Source: ukhumanrightsblog.com

First-Tier Tribunal SEN proceedings not unfair despite difficulties faced by hearing impaired mother, judge rules – Local Government Lawyer

Posted September 23rd, 2021 in appeals, disabled persons, litigants in person, news, remote hearings, special educational needs, tribunals by sally

‘A First-Tier Tribunal (Health, Education and Social Care Chamber) case was not conducted unfairly despite an appellant and a witness having difficulty in hearing the online proceedings, the Upper Tribunal Administrative Appeals Chamber has decided.’

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Local Government Lawyer, 23rd September 2021

Source: www.localgovernmentlawyer.co.uk

Government takes legal action against M25 climate protesters – Home Office

Posted September 23rd, 2021 in climate change, contempt of court, demonstrations, environmental protection, injunctions, news, press releases, road traffic by sally

‘Activists who have been carrying out a string of disruptive demonstrations along the M25, causing travel chaos for tens of thousands of people, will be in contempt of court if they breach the terms of an interim injunction won by National Highways today (22 September 2021).’

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Home Office, 22nd September 2021

Source: www.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 23rd, 2021 in legislation by sally

SI 2021/1073 – The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) (Amendment) (No. 3) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 23rd, 2021 in law reports by sally

Supreme Court

TN (Vietnam), R. (on the application of) v Secretary of State for the Home Department& Anor [2021] UKSC 41 (22 September 2021)

High Court (Administrative Court)

A & Anor v Deputy General Public Prosecutor of the Lyon Court of Appeal & Anor [2021] EWHC 2543 (Admin) (22 September 2021)

High Court (Chancery Division)

Davies v Ford & Ors [2021] EWHC 2550 (Ch) (22 September 2021)

Rhino Enterprises Properties Ltd & Anor, Re [2021] EWHC 2533 (Ch) (22 September 2021)

High Court (Commercial Court)

Surkis & Ors v Poroshenko & Anor [2021] EWHC 2512 (Comm) (22 September 2021)

High Court (Queen’s Bench Division)

The London Borough of Hackney v Grant& Ors [2021] EWHC 2548 (QB) (22 September 2021)

Source: www.bailii.org

Home Office chief refuses to tell MPs legal basis on which pushbacks in Channel can be used – The Independent

Posted September 23rd, 2021 in asylum, bills, France, government departments, international law, news, shipping law, statutory interpretation by sally

‘The Home Office has refused to disclose the legal basis on which it plans to use “pushbacks” in the English Channel to turn small boats around.’

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The Independent, 22nd September 2021

Source: www.independent.co.uk

Portsmouth GP admits embezzling £1.1m from care group – The Independent

Posted September 23rd, 2021 in abuse of position of trust, doctors, fraud, guilty pleas, news by sally

‘A Portsmouth GP has been told he could spend time behind bars after he admitted to defrauding a healthcare group out of £1.1m in just two months.’

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The Independent, 22nd September 2021

Source: www.independent.co.uk

Calling women ‘birds’ is ‘plainly sexist’, judge rules as Barclays banker wins discrimination claim – The Independent

Posted September 23rd, 2021 in disabled persons, employment tribunals, flexible working, news, sex discrimination, women by sally

‘A UK judge has ruled that calling women “birds” is “plainly sexist,” and even using the term jokingly is “foolish” in a landmark discrimination case. The ruling came following a tribunal brought by a Barclays investment banker after her boss repeatedly called women “birds.” ‘

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The Independent, 22nd September 2021

Source: www.independent.co.uk

Salisbury attack: Judge calls for Priti Patel to ‘urgently’ open public inquiry into death of Dawn Sturgess – The Independent

Posted September 23rd, 2021 in delay, government departments, inquiries, news, poisoning, Russia by sally

‘A judge has called for the home secretary to “urgently” establish a public inquiry into the death of Dawn Sturgess, who was poisoned by novichok after the Salisbury attack.’

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The Independent, 23rd September 2021

Source: www.independent.co.uk

Manchester police refer themselves to watchdog over death of boy, 16 – The Guardian

Posted September 23rd, 2021 in complaints, murder, news, police, violent disorder, young persons by sally

‘Greater Manchester police have referred themselves to the police watchdog over the death of a 16-year-old boy. Rhamero West was discovered in Old Trafford, Manchester, on 9 September with stab wounds. The student was taken to hospital from the scene in Norton Street but died shortly afterwards.’

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The Guardian, 22nd September 2021

Source: www.theguardian.com

Watchdog to launch crackdown on ads falsely claiming green credentials – The Guardian

Posted September 23rd, 2021 in advertising, complaints, environmental protection, news by sally

‘Airline ads that encourage taking too many flights and carmakers that show SUVs tearing up the countryside are set to fall foul of a crackdown on marketing that encourages environmentally irresponsible behaviour.

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The Guardian, 23rd September 2021

Source: www.theguardian.com

Afghanistan: Second email data breach by MoD uncovered – BBC News

Posted September 23rd, 2021 in Afghanistan, data protection, defence, electronic mail, government departments, news by sally

‘A second data breach by the Ministry of Defence, potentially compromising the safety of Afghans who may be eligible to relocate to the UK, has been uncovered by the BBC.’

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BBC News, 23rd September 2021

Source: www.bbc.co.uk

Law and the Culture War – UK Human Rights Blog

Posted September 22nd, 2021 in appeals, employment, employment tribunals, equality, freedom of expression, gender, harassment, human rights, news, transgender persons by sally

‘The judgment in Forstater v CDG Europe UKEAT/0105/20/JOJ has forced the courts yet again to grapple with the transgender debate. We have already seen the judiciary face up to the challenging issues of whether children with gender dysphoria can consent to receiving puberty blockers (see recent decision in Bell v Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363). In the present case, the issue was whether the Claimant’s belief that biological sex is real, important, immutable, and not to be conflated with gender identity was a “philosophical belief” within the meaning of section 10 of Equality Act 2010 (“EqA”).’

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UK Human Rights Blog, 21st September 2021

Source: ukhumanrightsblog.com

Barrister waived privilege in document by showing it to opposing counsel – Legal Futures

Posted September 22nd, 2021 in barristers, disclosure, evidence, news, privilege, repossession, witnesses by sally

‘Counsel for a defendant in possession proceedings voluntarily disclosed a draft witness statement to her opposing number and in doing so waived privilege, the High Court has ruled.’

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Legal Futures, 22nd September 2021

Source: www.legalfutures.co.uk

Richard Mackenzie-Gray Scott: Rebalancing upstream and downstream scrutiny of government during national emergencies – UK Constitutional Law Association

Posted September 22nd, 2021 in constitutional law, coronavirus, government departments, judicial review, judiciary, news, parliament by sally

‘Scrutiny comes in many forms, which can lead to many outcomes. Public scrutiny of Government is one such form, which is an element of democratic governance that aligns with the rule of law. Yet those experiencing and observing the ongoing administration of life in the UK during the COVID-19 pandemic might be forgiven for arriving at the conclusion that public scrutiny of Government is an ideal currently evaporating into the ether.’

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UK Constitutional Law Association, 21st September 2021

Source: ukconstitutionallaw.org

QC calls on UK to support female judges at risk in Afghanistan – The Guardian

Posted September 22nd, 2021 in Afghanistan, asylum, barristers, data protection, electronic mail, government departments, immigration, judges, legal profession, news, refugees, women by sally

‘Helena Kennedy QC has launched an urgent appeal to provide support to judges along with lawyers, women’s rights activists, human rights defenders and their families at risk in Afghanistan and in need of a safe haven abroad.’

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The Guardian, 21st September 2021

Source: www.theguardian.com

Tribunal declines to strike out pupillage discrimination claim – The Guardian

Posted September 22nd, 2021 in barristers, disability discrimination, disabled persons, employment, employment tribunals, equality, news, police, pupillage, striking out by sally

‘An employment tribunal has refused to strike out a claim that a chambers discriminated against a pupillage applicant even though it has “little reasonable chance” of succeeding.’

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Legal Futures, 21st September 2021

Source: www.legalfutures.co.uk

How Will Voter ID Impact Human Rights? – Each Other

Posted September 22nd, 2021 in bills, elections, fraud, human rights, identification, news, statistics by sally

‘A new bill could prevent millions of people from being able to vote, according to a report published by the Joint Committee on Human Rights (JCHR).’

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Each Other, 21st September 2021

Source: eachother.org.uk