Category: news

Confidential information—knowledge of unlawfulness not required for unlawful means conspiracy (The Racing Partnership Ltd v Sports Information Services Ltd) – Hardwicke Chambers

Posted November 12th, 2020 in confidentiality, horse racing, news, unlawful means conspiracy by sally

‘Practitioners acting in the more challenging cases of conspiracies involving the misuse of confidential information or otherwise interested in the history and development of tort (outside the tort of negligence) will find this case compelling and essential reading.’

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Hardwicke Chambers, 26th October 2020

Source: hardwicke.co.uk

Was Lockdown Lawful? Thoughts of a former Supreme Court Judge. – 33 Bedford Row

Posted November 12th, 2020 in constitutional law, coronavirus, judges, ministers' powers and duties, news, parliament, regulations by sally

‘Lord Sumption has this evening [27 October] in his lecture entitled “Government by decree – Covid-19 and the Constitution” issued a scathing indictment not only of the political motivations and processes behind lockdown measures, but also the underlying legality of the measures, and their impact upon the long term health of our parliamentary democracy.’

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33 Bedford Row, 27th October 2020

Source: www.33bedfordrow.co.uk

Death and Notices – Nearly Legal

Posted November 12th, 2020 in landlord & tenant, news, notification, postal service, service, succession by sally

‘Gateway Housing Association v Personal Representatives of Ali & Anor (2020) EWCA Civ 1339. In which the Court of Appeal grapple with the requirement to serve a copy of a notice to quit on the Public Trustee, when serving notice on the personal representative of a deceased tenant.’

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Nearly Legal, 8th November 2020

Source: nearlylegal.co.uk

I’m not demanding, I’m telling you – section 8 notices – Nearly Legal

Posted November 12th, 2020 in agency, landlord & tenant, news, notification, rent, repossession by sally

‘Prempeh v Lakhany (2020) EWCA Civ 1422. We saw this case on a first appeal in the County Court. The issue was whether a section 8 notice on rent arrears grounds, in this instance grounds 8, 10 and 11, is a “demand for rent” for the purposes of section 47 Landlord and Tenant Act 1987.’

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Nearly Legal, 9th November 2020

Source: nearlylegal.co.uk

“Shocking discrepancies” in Bar gender pay gap analysis – Legal Futures

Posted November 12th, 2020 in barristers, fees, news, remuneration, statistics, women by sally

‘The gender pay gap at the Bar is “alive and well”, the chair of the Bar Council said yesterday, after new figures looking at individual practice areas revealed “shocking discrepancies”.’

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Legal Futures, 12th November 2020

Source: www.legalfutures.co.uk

Family Justice Council report on domestic abuse and special measures in remote and hybrid hearings – Family Law

Posted November 12th, 2020 in domestic violence, family courts, news, remote hearings by sally

‘The Family Justice Council has published guidance titled “Safety from Domestic Abuse and Special Measures in Remote and Hybrid Hearings”. The guidance recommends that, in any proceedings where domestic abuse is an issue, careful consideration must be given to whether special measures are required and how hybrid/remote hearings should be facilitated to safeguard vulnerable parties. It suggests proactive advance planning of hearings, consideration of risks involved and practical support to promote physical and emotional safety of all participants and provides a checklist of those considerations.’

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Family Law, 11th November 2020

Source: www.familylaw.co.uk

Home Office ‘missed chance to stop rise in migrant boats’ – BBC News

Posted November 12th, 2020 in asylum, government departments, immigration, news, reports, trafficking in human beings by sally

‘The Home Office failed to stop a rise in migrant boats crossing the English Channel before it was too late, an independent inspector has said.’

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BBC News, 11th November 2020

Source: www.bbc.co.uk

Equality watchdog clears BBC of pay discrimination against women – BBC News

Posted November 12th, 2020 in BBC, equal pay, equality, news, sex discrimination, women by sally

‘An investigation by the Equalities and Human Rights Commission has found no unlawful acts of pay discrimination against women by the BBC. But it has recommended “improvements to increase transparency and rebuild trust with women at the organisation”.’

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BBC News, 12th November 2020

Source: www.bbc.co.uk

MPs call for review of age of criminal responsibility in England and Wales – The Guardian

Posted November 12th, 2020 in children, criminal responsibility, minorities, news, young persons, youth courts by sally

‘Conservative and Labour MPs have asked the government to consider raising the age of criminal responsibility from 10 in England and Wales and to explain why a disproportionate number of children in custody are from a minority ethnic (BAME) background.’

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The Guardian, 12th November 2020

Source: www.theguardian.com

MPs demand explanation for disproportionate numbers of Black teens in custody – The Independent

Posted November 12th, 2020 in imprisonment, minorities, news, select committees, sentencing, statistics, young offenders, youth courts by sally

‘A parliamentary committee is demanding an explanation from ministers for the “disproportionate” incarceration of Black and minority ethnic (Bame) teenagers, after a report found they make up more than half of inmates youth custody.’

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The Independent, 12th November 2020

Source: www.independent.co.uk

Harry Dunn death: family begins court case against Foreign Office – The Guardian

Posted November 12th, 2020 in armed forces, dangerous driving, diplomats, families, government departments, human rights, immunity, judicial review, news, prosecutions by sally

‘The family of Harry Dunn, the 19-year-old motorcyclist killed outside a US airbase, have begun their court case seeking a ruling that the Foreign Office acted unlawfully in granting diplomatic immunity to the American driver of the car that killed him.’

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The Guardian, 11th November 2020

Source: www.theguardian.com

UK family reunion visa system puts lives at risk, says Red Cross – The Guardian

Posted November 12th, 2020 in families, news, refugees, reports, visas by sally

‘A report from the British Red Cross finds the system that gives refugees in the UK the right to bring their family to join them – one of the few existing “safe” and legal routes to Britain – is putting people in danger because of the journeys they have to take to submit their applications.’

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The Guardian, 12th November 2020

Source: www.independent.co.uk

Lucy Letby: Nurse due in court charged with murdering eight babies at Chester hospital – The Independent

Posted November 12th, 2020 in children, hospitals, murder, news, nurses by sally

‘A nurse is due to appear in court charged with the murder of eight babies and the attempted murder of another 10.’

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The Independent, 12th November 2020

Source: www.independent.co.uk

Does the failure to place a redundant employee on an existing “bank” workers list render a dismissal unfair? – 3PB

Posted November 11th, 2020 in chambers articles, employment, employment tribunals, news, redundancy, unfair dismissal by sally

‘It was common ground between the parties that the claimant had been dismissed for a fair reason, namely redundancy. The point of contention arose from the fact that, at point of dismissal, the respondent had in place a list of workers upon whom it would call upon to
undertake adhoc work as and when needed.’

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3PB, 2nd October 2020

Source: www.3pb.co.uk

Civil court recovery: More in-person hearings and longer hours – Litigation Futures

Posted November 11th, 2020 in civil justice, coronavirus, courts, delay, HM Courts Service, news, remote hearings, statistics by sally

‘Up to two-thirds of civil hearings will take place face-to-face over the coming months as the caseload increases, with longer operating hours an option for courts if needed.’

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Litigation Futures, 10th November 2020

Source: www.litigationfutures.com

Consumer Credit: Covid (Continued) and Concealed Changes – Henderson Chambers

Posted November 11th, 2020 in chambers articles, consumer credit, coronavirus, news by sally

‘The Financial Conduct Authority has again extended its Guidance on consumer debt and there are two largely unpublicised technical changes in the pipeline to beware of.’

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Henderson Chambers, 15th October 2020

Source: www.hendersonchambers.co.uk

Bar Council braces for £3m loss as Covid hits profession’s income – Legal Futures

Posted November 11th, 2020 in barristers, consultations, coronavirus, fees, news, statistics by sally

‘The Bar Council is bracing for a £3.2m loss next year with revenue from practising fees – which are tied to barristers’ income – set to tumble because of Covid-19.’

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Legal Futures, 11th November 2020

Source: www.legalfutures.co.uk

Top family judge publishes guidance on protection of domestic abuse victims in remote and hybrid hearings – Local Government Lawyer

Posted November 11th, 2020 in codes of practice, domestic violence, families, family courts, local government, news, remote hearings by sally

‘The President of the Family Division, Sir Andrew McFarlane, has published guidance on the need to protect victims of domestic abuse in remote and hybrid hearings.’

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Local Government Lawyer, 11th November 2020

Source: www.localgovernmentlawyer.co.uk

Section 21A Applications and Section 48 Orders (DP v A Local Authority) – 39 Essex Chambers

Posted November 11th, 2020 in chambers articles, Court of Protection, expert witnesses, human rights, local government, news by sally

‘In this case, Mr Justice Hayden provides helpful practical guidance on the operation of section 48 of the Mental Capacity Act 2005 (MCA 2005), as well as confirming the scope of, and the court’s role in, proceedings brought pursuant to MCA 2005, s 21A. He further emphasises the importance of section 21A application being determined speedily, in accordance with Article 5(4) of the European Convention on Human Rights (ECHR) (and accordingly suggests how practically weaknesses in capacity evidence could be addressed).’

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39 Essex Chambers, 15th October 2020

Source: www.39essex.com

Justice delayed might be justice denied… but for which side? A look at Nigeria v Process & Industrial Developments – Hardwicke Chambers

Posted November 11th, 2020 in arbitration, chambers articles, civil justice, delay, energy, fraud, news, time limits by sally

‘Last month, Sir Ross Cranston handed down judgment in The Federal Republic of Nigeria v Process & Industrial Developments [2020] EWHC 2379 (Comm), marking the latest stage in what has proved a notoriously long-running dispute since arbitration between the parties was first commenced in 2012.’

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Hardwicke Chambers, 14th October 2020

Source: hardwicke.co.uk