Professional advisers beware – check the terms of your engagement – Practical Law: Construction Blog

Posted August 27th, 2021 in auditors, building societies, law firms, limitations, negligence, news by sally

‘The scope of duty and the extent of liability of professional advisers are two hotly contested issues at the core of many a dispute between professional advisers and their clients in negligence claims.’

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Practical Law: Construction Blog, 24th August 2021

Source: constructionblog.practicallaw.com

Litigation Friend appointments and costs – Local Government Lawyer

Posted August 27th, 2021 in costs, litigation friends, local government, news by sally

‘The High Court has ordered that a Defendant is not liable for costs incurred arising from a dispute over who the Litigation Friend should be. Sean Linley reports.’

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Local Government Lawyer, 27th August 2021

Source: www.localgovernmentlawyer.co.uk

Public Law Proceedings and the 1996 Hague Convention – Local Government Lawyer

‘Henry Setright QC and Chris Barnes consider a recent decision of the High Court examining the use of the 1996 Hague Convention in the context of public law proceedings.’

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Local Government Lawyer, 27th August 2021

Source: www.localgovernmentlawyer.co.uk

Research Briefing: Proscribed Terrorist Organisations – House of Commons Library

Posted August 27th, 2021 in news, parliament, proscribed organisations, terrorism by sally

‘This paper examines the regime for proscribing organisations under the Terrorism Act 2000. It explains the criteria that must be met for proscription, the associated criminal offences, and the process for deproscription. It also considers recently proscribed organisations, and some criticisms of the regime.’

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House of Commons Library, 26th August 2021

Source: commonslibrary.parliament.uk

Research Briefing: Fly-tipping – the illegal dumping of waste – House of Commons Library

Posted August 27th, 2021 in environmental health, local government, news, parliament, waste by sally

‘This Commons Library briefing paper gives a general overview of the extent of the problem of fly-tipping in England and the powers and responsibilities of the Environment Agency, local authorities and landowners to deal with it. It also sets out recent Government actions to tackle it and proposals for reform.’

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House of Commons Library, 25th August 2021

Source: commonslibrary.parliament.uk

New training needed for police after children and mentally ill people Tasered, watchdog warns – The Independent

‘Police must be trained to use Tasers only when “absolutely necessary”, a watchdog has said after a review found the weapons were being used against children and mentally ill people.’

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The Independent, 26th August 2021

Source: www.independent.co.uk

Church of England admits failures over priest falsely accused of child abuse – The Independent

‘The Church of England has apologised for its role in the suicide of a former priest, who spent a year under investigation over unfounded rumours of child abuse.’

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The Independent, 26th August 2021

Source: www.independent.co.uk

UK to overhaul privacy rules in post-Brexit departure from GDPR – The Guardian

Posted August 27th, 2021 in brexit, data protection, EC law, government departments, internet, news, privacy by sally

‘Britain will attempt to move away from European data protection regulations as it overhauls its privacy rules after Brexit, the government has announced.’

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The Guardian, 26th August 2021

Source: www.theguardian.com

Worcestershire NHS managers knew cancers missed due to X-ray backlog – BBC News

‘Senior managers at an NHS trust knew up to 30 cancers may have gone undetected two years before an official probe into a backlog of thousands of X-rays. Three lung cancers were missed at Worcestershire hospitals NHS Trust, a sample check of results in 2014 found.’

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BBC News, 27th August 2021

Source: www.bbc.co.uk

Perpetuating Myths: The Need for Review in the Right Areas – Carmelite Chambers

Posted August 26th, 2021 in evidence, news, prosecutions, rape, reports by sally

‘Following the release of the Government’s Rape Review, second-six pupil, Anthony James, looks at the Review itself and recent criticisms of the investigation and prosecution of sexual offences.’

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Carmelite Chambers, 19th August 2021

Source: www.carmelitechambers.co.uk

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.’

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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.’

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Carmelite Chambers, 19th August 2021

Source: www.carmelitechambers.co.uk

Unacknowledged rape: the sexual assault survivors who hide their trauma – even from themselves – The Guardian

Posted August 26th, 2021 in assault, consent, news, rape, victims, women by sally

‘Surveys suggest a large proportion of women have experienced sexual assaults that they labelled as a misunderstanding. This has serious psychological repercussions and increases the chance of being victimised again.’

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The Guardian, 26th August 2021

Source: www.theguardian.com

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.’

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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.’

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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