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.’

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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.’

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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.’

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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’.’

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Becket Chambers, 12th August 2021

Source: becket-chambers.co.uk

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

‘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”.’

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Legal Futures, 26th August 2021

Source: www.legalfutures.co.uk

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

‘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.’

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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.’

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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

‘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.’

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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

‘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.’

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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

‘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.’

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Becket Chambers, 20th August 2021

Source: becket-chambers.co.uk

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

‘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.’

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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.’

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The 36 Group, 3rd August 2021

Source: 36group.co.uk

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

‘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).’

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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.’

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3PB, 19th August 2021

Source: www.3pb.co.uk

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

‘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.’

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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

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

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3PB, 9th August 2021

Source: www.3pb.co.uk

Division of assets in a short childless marriage (E v L) – 1 GC: Family Law

‘In E v L, Mr Justice Mostyn considered an application for financial remedies following a short marriage. He concluded the fact that the marriage was childless was irrelevant to whether there should be a departure from the application of the equal sharing principle. Moreover, there was no reason to distinguish between an accrual (of assets) over a short marriage and an accrual over a longer marriage. The statutory factor of the duration of marriage was likely to be reflected in any event in that an acquest over a shorter period was likely to be less. Mostyn J also considered the approach to valuing businesses in this case where three accountants gave “hot-tub” evidence as to the value of one of the husband’s companies.’

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1 GC: Family Law, 10th August 2021

Source: 1gc.com

Thirty years of the Dangerous Dogs Act: time for change – 1 MCB Chambers

Posted August 25th, 2021 in animals, chambers articles, dogs, legal history, news by sally

‘On the 30th anniversary of the enactment of the Dangerous Dogs Act 1991, dangerous dogs and animal welfare expert Pamela Rose reflects on whether the statute is fit for purpose.’

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1 MCB Chambers, August 2021

Source: 1mcb.com

Recent Statutory Instruments – legislation.gov.uk

Posted August 25th, 2021 in legislation by sally

SI 2021/946 – The Secure Tenancies (Notices) (Amendment) and Suspension (Coronavirus) (England) Regulations 2021

SI 2021/948 – The Wireless Telegraphy (Exemption) (Amendment) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted August 25th, 2021 in law reports by sally

Court of Appeal (Civil Division)

Les Ambassadeurs Club Ltd v Yu [2021] EWCA Civ 1310 (24 August 2021)

FibroGen Inc v Akebia Therapeutics Inc [2021] EWCA Civ 1279 (24 August 2021)

X (Children) (Article 61 Biia) [2021] EWCA Civ 1305 (24 August 2021)

High Court (Chancery Division)

Goodwin v Avison & Ors [2021] EWHC 2356 (Ch) (23 August 2021)

Axnoller Events Ltd v Brake & Anor (Summary Costs Assessment) [2021] EWHC 2362 (Ch) (23 August 2021)

Jones & Anor v Lydon & Ors [2021] EWHC 2322 (Ch) (23 August 2021)

Jones & Anor v Lydon & Ors [2021] EWHC 2321 (Ch) (23 August 2021)

High Court (Queen’s Bench Division)

Junejo v New Vision TV Ltd [2021] EWHC 2366 (QB) (24 August 2021)

Source: www.bailii.org