Current Awareness – Page 594 – Legal News selected by the Inner Temple Library

Case Comment: Tinkler v Commissioners for Her Majesty’s Revenue and Customs [2021] UKSC 39 – UKSC Blog

Posted August 26th, 2021 in accountants, agency, estoppel, news, notification, service, taxation by sally

‘In this post, Tim Sales, a partner in the Dispute Resolution team at CMS, and Hannah Jones, who works in the Tax team at CMS, comment on the decision handed down by the UK Supreme Court in the matter of Tinkler v Commissioners for Her Majesty’s Revenue and Customs [2021] UKSC 39, which concerned whether estoppel by convention applied to prevent the taxpayer disputing that HMRC had validly served a notice of enquiry.’

UKSC Blog, 25th August 2021

Source: ukscblog.com

Joint Enterprise and the Real Impact of Jogee – Carmelite Chambers

Posted August 26th, 2021 in criminal responsibility, homicide, joint enterprise, news by sally

‘Tom Edwards looks at the impact of the shift from Joint Enterprise to Common Purpose in the five years since Jogee, and considers its impact in both the Crown Court and Court of Appeal.’

Carmelite Chambers, 19th August 2021

Source: www.carmelitechambers.co.uk

Striking the Balance – Carmelite Chambers

Posted August 26th, 2021 in judicial review, news, prisons, sex discrimination, transgender persons by sally

‘Criminal justice practitioners will be well versed on the difficulties overcrowding, gang affiliation and substance misuse pose to the safe management of prisons. However, as society gradually opens its eyes to the fluidity and diversity of gender the prison estate has been forced to confront a new challenge. In July 2019 “The Care and Management of Individuals who are Transgender” Policy (“the Care Management Policy”) was published.’

Carmelite Chambers, 19th August 2021

Source: www.carmelitechambers.co.uk

Professor Leslie Thomas QC and Deborah Coles talk all things Inquests with Fiona Bawdon – Legal Action Group: Justice Matters

Posted August 26th, 2021 in inquests, news, podcasts by sally

‘Our guests are Professor Lesley Thomas, QC of Gresham College and also Garden Court Chambers, Deborah Coles of Inquest and leading the questions and discussion is Fiona Bawdon.’

Legal Action Group: Justice Matters, 25th August 2021

Source: www.lag.org.uk

Can Your Employer Cut Your Pay For Working Remotely? – Each Other

Posted August 26th, 2021 in coronavirus, disabled persons, employment, flexible working, news, remuneration by sally

‘As the UK eases back into in-person work environments, some employers are considering pay cuts for employees who elect to work remotely.’

Each Other, 25th August 2021

Source: eachother.org.uk

Black people more likely to be Tasered for longer, police watchdog finds – The Guardian

Posted August 26th, 2021 in minorities, news, police, reports, statistics, weapons by sally

‘Police deploy Taser stun guns too often, with black people more likely to face prolonged use lasting over five seconds, an official report has found.’

The Guardian, 25th August 2021

Source: www.theguardian.com

The Authority to Enter into a Contract on Behalf of a Business – Who Has It? – Becket Chambers

Posted August 26th, 2021 in chambers articles, contracts, news, third parties by sally

‘In order for a contract to be enforceable against a business, the person who entered into it on business’ behalf must have had the requisite authority to do so. In reality, a wide range of people often have the authority to enter into contracts on behalf of businesses, but for the purposes of this article I will simply refer to the person seeking to enter into a contract on behalf of the business as ‘the employee’.’

Becket Chambers, 12th August 2021

Source: becket-chambers.co.uk

Barrister fined for tweet that “could promote hostility towards Muslims” – Legal Futures

Posted August 26th, 2021 in barristers, disciplinary procedures, fines, freedom of expression, internet, Islam, news by sally

‘A barrister at the centre of a storm of outrage over tweets he published earlier this year has been fined and warned over one tweet that was offensive and “could promote hostility towards Muslims”.’

Legal Futures, 26th August 2021

Source: www.legalfutures.co.uk

“You know what we meant!” Supreme Court guidance on non-compete clauses – 3PB

Posted August 26th, 2021 in competition, news, non-disclosure agreements, restraint of trade, solicitors, Supreme Court, undertakings by sally

‘On 23 July 2021 the Supreme Court handed down its unanimous judgment on the issues of restraint of trade and solicitors’ undertakings. This article considers the central issue before the court, namely whether a non-compete undertaking within a non-disclosure agreement was an unreasonable restraint of trade and therefore unenforceable.’

3PB, 9th August 2021

Source: www.3pb.co.uk

Families urge ban on English police Taser use against people in distress – The Guardian

Posted August 26th, 2021 in mental health, news, police, weapons by sally

‘The families of people who died after being Tasered by police in England have called for a ban on the use of electrical weapons against people in mental health crises.’

The Guardian, 25th August 2021

Source: www.theguardian.com

A constructive dismissal is, in principle, capable of constituting an act of harassment, within the meaning of section 26 of the Equality Act 2010 – 3PB

Posted August 25th, 2021 in appeals, chambers articles, constructive dismissal, disability discrimination, employment, employment tribunals, equality, harassment, news, race discrimination, sex discrimination by sally

‘The EAT’s earlier decision in Timothy James Consulting Ltd v Wilton [2015] IRLR 368 had been decided per incuriam European Directives and domestic case law, in the light of which it was “manifestly wrong”. In so far as Wilton had decided that a constructive dismissal could not itself amount to an act of unlawful harassment within the meaning of section 26 of the Equality Act 2010 (“EqA”), it would not be followed.’

3PB, August 2021

Source: www.3pb.co.uk

E v L [2021] EWFC 60 (Fam) – Short, childless marriages, the sharing principle and absence of white leopards – Becket Chambers

Posted August 25th, 2021 in chambers articles, children, cohabitation, divorce, families, financial dispute resolution, financial provision, marriage, news by sally

‘The parties became engaged in 2016 married in 2017 and separated in 2019. The parties disagreed over the date of cohabitation, the wife saying 2016 and the husband denying there was any cohabitation before marriage.’

Becket Chambers, 13th August 2021

Source: becket-chambers.co.uk

The Factors and Guidance to make an application for Discharge of a Care Order pursuant to s. 39 of the Children Act 1989 – Becket Chambers

Posted August 25th, 2021 in appeals, care orders, chambers articles, child abuse, children, families, local government, news, sexual offences by sally

‘The combined effect of sections 1 and 39 of the Act is that on application of an entitled applicant the court may discharge a care order or replace it with a supervision order, in which case there is no requirement for the s 31(2) threshold to be crossed (the threshold for making a care or supervision order – significant harm). As the decision concerns a question of upbringing, the child’s welfare is the court’s paramount consideration, and particular regard is to be given to the factors in the welfare checklist in s1(3). The court shall not make the order unless to do so would be better for the child than making no order. Provisions of the Act must, so far as is possible to do so, be read and given effect in a way which is compatible with rights protected by Arts 3 and 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950.’

Becket Chambers, 20th August 2021

Source: becket-chambers.co.uk

The ‘shifting’ burden and the drawing of adverse inferences – 3PB

Posted August 25th, 2021 in appeals, burden of proof, chambers articles, employment, employment tribunals, equality, news, race discrimination, Supreme Court, witnesses by sally

‘The Supreme Court has unanimously dismissed this appeal concerning two questions of law:
(i) whether a change in the wording of equality legislation has altered the burden of proof in employment discrimination cases, and
(ii) when a tribunal may draw adverse inferences from the absence of a potential witness.’

3PB, 9th August 2021

Source: www.3pb.co.uk

The Language of Cyber Law. Cyber law: language matters – The 36 Group

Posted August 25th, 2021 in chambers articles, computer crime, computer programs, news by sally

‘With technology advancing every day, Ceri Davis of 36 Commercial explores the importance of mastering the language of cyber law.’

The 36 Group, 3rd August 2021

Source: 36group.co.uk

Private Prosecution Stayed as an Abuse of Process: Costs Recovered – 25 Bedford Row

Posted August 25th, 2021 in abuse of process, appeals, chambers articles, costs, fraud, news, private prosecutions, stay of proceedings, theft by sally

‘The issue of recovering legal costs for a defendant who successfully applied to stay a private prosecution, on grounds of abuse of process, was considered and decided upon by the Court of Appeal (Criminal Division) in Muhammed Asif v Adil Iqbal Ditta and Noreen Riaz [2021] EWCA Crim 1091 (judgment 15th July 2021).’

25 Bedford Row, 9th August 2021

Source: www.25bedfordrow.com

Ransomware attacks: a practical guide to survival – 3PB

Posted August 25th, 2021 in chambers articles, computer crime, computer programs, news by sally

‘In response to the growing number of instructions regarding cyber incidents, this series of articles aims to address and provide practical advice on dealing with, common scenarios faced by businesses. This first article addresses the risk of a ransomware attack and considers the practical steps that an organisation needs to take to survive such an event.’

3PB, 19th August 2021

Source: www.3pb.co.uk

The removal of homeless migrants: a legal challenge waiting to happen? – 5SAH

Posted August 25th, 2021 in chambers articles, deportation, government departments, homelessness, housing, immigration, news by sally

‘On 22 October 2020, the Home Office published a Statement of Changes to update the UK’s Immigration Rules (the rules), as part of the post-Brexit immigration changes. The reforms included a new discretionary ground for refusal or cancellation of permission to stay for those individuals in the UK on a temporary basis, found sleeping rough.’

5SAH, 10th August 2021

Source: www.5sah.co.uk

Determining the question of motivation in whistleblowing claims is not always as complicated as it seems – 3PB

Posted August 25th, 2021 in appeals, chambers articles, disciplinary procedures, disclosure, employment, employment tribunals, hospitals, news, unfair dismissal, whistleblowers by sally

‘Prior to her dismissal, the claimant was a senior employee with a continuous unblemished service record of 38 years.’

3PB, 9th August 2021

Source: www.3pb.co.uk

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