BAILII: Recent Decisions

Posted September 3rd, 2021 in law reports by sally

Court of Appeal (Civil Division)

Gwynedd Council v Barratt & Anor [2021] EWCA Civ 1322 (02 September 2021)

High Court (Chancery Division)

Serene Construction Ltd v Salata and Associates Ltd & Ors [2021] EWHC 2433 (Ch) (02 September 2021)

High Court (Queen’s Bench Division)

Secretary of State for Education v CCP Graduate School Ltd [2021] EWHC 2432 (QB) (02 September 2021)

Flowers & Ors v Centro Medico Salus Baleares SL & Anor [2021] EWHC 2437 (QB) (31 August 2021)

Source: www.bailii.org

Staying away from work because of Covid: a trap for employers? – Local Government Lawyer

Posted September 3rd, 2021 in coronavirus, disability discrimination, disabled persons, employment, employment tribunals, equality, health, health & safety, news, unfair dismissal by sally

‘Hari Menon looks at the problems that arise for employers where an employee stays away from work, pointing to the risks to his health from potentially contracting Covid.’

Full Story

Local Government Lawyer, 3rd September 2021

Source: www.localgovernmentlawyer.co.uk

Looked after children and secure accommodation after 9 September – Local Government lawyer

Posted September 3rd, 2021 in care homes, children, local government, news, statutory duty by sally

‘David Lock QC considers the looming crisis for children in local authority care being deprived of their liberty. What should local authorities do for looked after children in secure accommodation on 9 September?’

Full Story

Local Government Lawyer, 3rd September 2021

Source: www.localgovernmentlawyer.co.uk

A de-facto problem – Family Law

Posted September 3rd, 2021 in cohabitation, divorce, families, financial dispute resolution, foreign jurisdictions, jurisdiction, news by sally

‘Should cohabiting couples be permitted to bring more comprehensive financial applications to court upon separation? This longstanding discussion amongst family lawyers in England continues and will continue afresh in the wake of the recent House of Commons Briefing Paper “Common law marriage” and Cohabitation published on 4 May 2021.’

Full Story

Family Law, 31st August 2021

Source: www.familylaw.co.uk

‘How does a jointly held property pass on death?’ – Family Law

Posted September 3rd, 2021 in housing, inheritance tax, news, succession, wills by sally

‘When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common.’

Full Story

Family Law, 31st August 2021

Source: www.familylaw.co.uk

‘I’m still traumatised’: UK music industry blighted by sexual harassment and abuse, report finds – The Independent

Posted September 3rd, 2021 in abuse of position of trust, employment, harassment, news, professional conduct, sexual offences, statistics by sally

‘A damning new report has highlighted the ongoing prevalence of sexual harassment and abuse in the music industry, as the UK begins to see the return of live music.’

Full Story

The Independent, 3rd September 2021

Source: www.independent.co.uk

Man guilty over abusive emails sent to Starmer and Thornberry – BBC News

Posted September 3rd, 2021 in electronic mail, harassment, housing, local government, news, political parties by sally

‘A man who sent dozens of abusive and threatening emails to Sir Keir Starmer and Emily Thornberry has been found guilty of harassment.’

Full Story

BBC News, 2nd September 2021

Source: www.bbc.co.uk

‘Please save us’: UK ministers facing legal challenge over failure to help female MP and judge trapped in Kabul – The Independent

Posted September 3rd, 2021 in Afghanistan, asylum, government departments, immigration, judges, news, visas, women by sally

‘The UK government is facing legal action over its failure to respond to requests for help from a progressive female Afghan MP and a leading woman judge who are both in hiding in Afghanistan and fearing for their lives.’

Full Story

The Independent, 3rd September 2021

Source: www.independent.co.uk

Call for sentence review after neo-Nazi told to read classic literature – The Guardian

Posted September 3rd, 2021 in attorney general, news, sentencing, suspended sentences, terrorism by sally

‘The attorney general’s office has been asked to review whether an unduly lenient sentence was handed to a neo-Nazi who was ordered to read classic literature such as Pride and Prejudice. Ben John, who was convicted of a terror offence after downloading almost 70,000 white supremacist documents and bomb-making instructions, received a suspended prison term on Tuesday.’

Full Story

The Guardian, 2nd September 2021

Source: www.theguardian.com

Possession of laughing gas could become a criminal offence, Priti Patel says – The Independent

Posted September 3rd, 2021 in criminal justice, drug abuse, drug offences, government departments, health, news, statistics by sally

‘Priti Patel has announced that the Home Office is seeking advice on whether to criminalise the possession of laughing gas.’

Full Story

The Independent, 3rd September 2021

Source: www.independent.co.uk

Pet theft taskforce report – Home Office

Posted September 3rd, 2021 in animals, government departments, press releases, reports, theft by sally

‘This report sets out the findings of the taskforce and the recommendations that the government will be taking forward to tackle the issue of pet theft.’

Full press release

Home Office, 3rd September 2021

Source: www.gov.uk/home-office

Millions of children in religious groups in England and Wales vulnerable to abuse – The Guardian

Posted September 3rd, 2021 in abuse of position of trust, child abuse, children, Christianity, Islam, Judaism, news, sexual offences, Sikhism, victims by sally

‘Children involved in religious organisations, including Sunday schools and madrasas, are vulnerable to sexual abuse in cultures where victim blaming, abuse of power and mistrust of external authorities are common, a report says. The Independent Inquiry into Child Sexual Abuse (IICSA) said there was “no doubt that the sexual abuse of children takes place in a broad range of religious settings”. It found evidence of “egregious failings” and highlighted the hypocrisy of religions that purport to teach right from wrong, yet fail to protect children.’

Full report

Full Story

The Guardian, 2nd September 2021

Source: www.theguardian.com

Research Briefing: Regulating electric scooters (e-scooters) – House of Commons Library

Posted September 3rd, 2021 in motorcycles, news, parliament, regulations, road safety, road traffic, roads by sally

‘This briefing paper provides an overview of the existing legal framework for electric scooters (e-scooters). It also analyses the arguments for and against legalising e-scooters on UK roads, drawing on the limited evidence from other countries and cities that have sanctioned their use.’

Full Story

House of Commons Library, 1st September 2021

Source: commonslibrary.parliament.uk

Ofcom accused of institutional racism over Dispatches Traveller episode – The Guardian

Posted September 2nd, 2021 in codes of practice, complaints, media, news, racism, travellers by sally

‘The Gypsy, Roma and Traveller (GRT) community has accused Ofcom of institutional racism over a decision to clear a controversial Channel 4 documentary about Traveller crime.’

Full Story

The Guardian, 1st September 2021

Source: www.theguardian.com

Met officers sent bullying and offensive texts, panel finds – BBC News

Posted September 2nd, 2021 in bullying, complaints, disciplinary procedures, news, police, racism, telecommunications by sally

‘Two former Met officers would have been sacked due to bullying and offensive remarks had they still been serving, a disciplinary panel has found.’

Full Story

BBC News, 1st September 2021

Source: www.bbc.co.uk

Ofcom clears ITV over Piers Morgan’s Meghan comments on Good Morning Britain – BBC News

Posted September 2nd, 2021 in complaints, freedom of expression, media, news, royal family by sally

‘ITV has been cleared by media regulator Ofcom, which has rejected a record 58,000 complaints about Piers Morgan’s criticism of the Duchess of Sussex.’

Full Story

BBC News, 1st September 2021

Source: www.bbc.co.uk

Not sharing Covid risks would threaten viability of construction projects – OUT-LAW.com

Posted September 2nd, 2021 in construction industry, contracts, coronavirus, drafting, news by sally

‘The construction industry faces many challenges related to Covid-19, and if it doesn’t take a co-operative approach and share risks then it could make the situation even worse.’

Full Story

OUT-LAW.com, 1st September 2021

Source: www.pinsentmasons.com

Runnymede Trust did not breach guidance over race report, watchdog finds – The Guardian

Posted September 2nd, 2021 in charities, equality, judicial review, news, race discrimination, racism, reports by sally

‘A leading race equality thinktank did not breach charity guidance despite claims from Conservative MPs that it is pursuing a political agenda, a watchdog has found.’

Full Story

The Guardian, 1st September 2021

Source: www.theguardian.com

Are Shielders’ Human Rights Being Trampled? – Each Other

Posted September 2nd, 2021 in coronavirus, disabled persons, human rights, news, regulations by sally

‘Shielding – a piece of public health jargon with which we’re all now familiar – has seen individuals deemed clinically extremely vulnerable to Covid-19 asked to stay inside and avoid all contact with those outside their households.’

Full Story

Each Other, 1st September 2021

Source: eachother.org.uk

UK judge orders rightwing extremist to read classic literature or face prison – The Guardian

Posted September 2nd, 2021 in news, sentencing, suspended sentences, terrorism by sally

‘A former student who downloaded almost 70,000 white supremacist documents and bomb-making instructions has avoided a prison sentence “by the skin of his teeth” after being told to read classic literature by Dickens, Austen, Shakespeare and Hardy.’

Full Story

The Guardian, 1st September 2021

Source: www.theguardian.com