What Brexit means for employers and the right to work – EIN Blog

‘In simple terms, Brexit means that EU/EEA nationals are now treated the same way as non-EU/EEA nationals. This fact may, however, not be a lot of help to employers who have only ever recruited from the UK, EU and EEA. With that in mind, here is a quick guide to the new rules.’

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EIN Blog 22nd February 2021

Source: www.ein.org.uk

Contract interpretation – who has commercial common sense? – Practical Law: Construction Blog

Posted February 23rd, 2021 in construction industry, contracts, interpretation, news by sally

‘The dust is slowly settling over the arguments about how contracts should be interpreted. We know that “this is not a literalist exercise focused solely on a parsing of the wording of the particular clause” and that “[t]extualism and contextualism are not conflicting paradigms in a battle for exclusive occupation of the field of contractual interpretation” (as stated by Lord Hodge in Wood v Capita Insurance Services Ltd). That means the factual background (matrix of fact) and commercial common sense still have a role to play where the plain meaning of the words is not clear (which is usually the reason why there is a dispute in the first place).’

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Practical Law: Construction Blog, 23rd February 2021

Source: constructionblog.practicallaw.com

No interest on general damages in police actions – UK Police Law Blog

Posted February 23rd, 2021 in damages, interest, news, police by sally

‘The Court of Appeal has reiterated, in Rees v Commissioner of Police of the Metropolis [2021] EWCA Civ 49, that since non-pecuniary damages in civil claims against the police. e.g. for loss of liberty, or distress and inconvenience, are generally assessed by reference to all matters leading up to the judgment, there will usually be no need for an additional award of interest. A substantial award of exemplary damages – £150,000, split between three claimants, was upheld on the basis that the case had involved an egregious prosecution set in motion by an officer of very senior rank (a Detective Chief Superintendent).’

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UK Police Law Blog, 22nd February 2021

Source: ukpolicelawblog.com

Civil servants union launches legal challenge over decision by PM that Home Secretary did not breach ministerial code in ‘bullying’ case – Local Government Lawyer

‘Civil servants union launches legal challenge over decision by PM that Home Secretary did not breach ministerial code in “bullying” case.

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Local Government Lawyer, 22nd February 2021

Source: www.localgovernmentlawyer.co.uk

Council to pay more than £7,000 to Year 10 pupil left without a school for more than a year – Local Government Lawyer

‘Leicestershire County Council has agreed to apologise and pay a teenager £7,200 after an investigation from the Local Government and Social Care Ombudsman (LGSCO) found it left her without an academy school place for nearly 14 months.’

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Local Government Lawyer, 23rd February 2021

Source: www.localgovernmentlawyer.co.uk

Court draws adverse inferences from “deliberate destruction” of emails – Litigation Futures

Posted February 23rd, 2021 in electronic mail, estoppel, evidence, film industry, guarantees, news by sally

‘A High Court has described the double deletion by a witness for the claimant of crucial emails on the eve of the trial of a film financing dispute as a “very serious misdeed”.’

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Litigation Futures, 23rfd February 2021

Source: www.litigationfutures.com

Senior barrister rails against ‘direct access discrimination’ – Legal Futures

Posted February 23rd, 2021 in barristers, diversity, fees, law firms, news by sally

‘Direct access barristers can be looked down on, and ignored by legal directories, because they do not have solicitors or other professional clients singing their praises, a leading family law specialist has argued.’

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Legal Futures, 23rd February 2021

Source: www.legalfutures.co.uk

Bar Standards Board publishes report on diversity of its members and staff – Bar Standards Board

Posted February 23rd, 2021 in barristers, diversity, news, reports by sally

‘The Bar Standards Board (BSB) has today published its annual report, Diversity of BSB Staff and Board Members 2020. It follows the publication of the Diversity of the Bar report 2020, which showed that while diversity in the profession was gradually increasing, further progress was needed.’

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Bar Standards Board, 22nd February 2021

Source: www.barstandardsboard.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 23rd, 2021 in legislation by sally

The National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Coronavirus) (Amendment) Regulations 2021

The Nutrition (Amendment) and Food for Specific Groups (Food for Special Medical Purposes for Infants, Infant Formula and Follow-on Formula) (Information and Compositional Requirements) (Amendment) Regulations 2021

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 8) Regulations 2021

The Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) Regulations 2021

The Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021

The Zoonoses (Amendment) (England) Order 2021

UK firms given six months’ grace on gender pay gap reporting – The Guardian

Posted February 23rd, 2021 in enforcement, gender, news, notification, remuneration, time limits by sally

‘Companies that fail to meet the gender pay gap reporting deadline of 4 April will be given a six-month reprieve before any enforcement action is taken against them. The Equality and Human Rights Commission (EHRC) said companies should report by the deadline if possible, but confirmed it would not begin enforcement proceedings until 4 October.’

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The Guardian, 22nd February 2021

Source: www.theguardian.com

MI6 ‘body-in-bag’: Spy Gareth Williams’ London flat death reviewed – BBC News

Posted February 23rd, 2021 in DNA, evidence, inquests, news, unlawful killing by sally

‘The death of an MI6 agent whose naked body was found inside a locked holdall at his London flat is to be reviewed. Metropolitan Police investigators said new information about Gareth Williams, who died in 2010, had come to light.’

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BBC News, 22nd February 2021

Source: www.bbc.co.uk

Uber accused of trying to deter drivers from seeking compensation – The Guardian

Posted February 23rd, 2021 in compensation, holiday pay, minimum wage, news, self-employment, Supreme Court, taxis by sally

‘Uber has been accused of trying to deter drivers from seeking compensation for missed holiday and minimum wage payments after a landmark court ruling.’

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The Guardian, 22nd February 2021

Source: www.theguardian.com

Ex-Labour staffer goes to court to try to identify leaker of antisemitism report – The Guardian

‘A former senior Labour staffer has taken the party to court in an attempt to force it to disclose the identity of the leaker of a report on antisemitism in the party that contained hundreds of private WhatsApp messages.’

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The Guardian, 22nd February 2021

Source: www.theguardian.com

Leader of Islamist terrorist network jailed for over 3 years after sparking manhunt at UK borders – The Independent

‘A senior leader of a terrorist network has been jailed after sparking a manhunt that caused nine-hour tailbacks in Dover.’

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The Independent, 23rd February 2021

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted February 22nd, 2021 in law reports by sally

Supreme Court

Uber BV & Ors v Aslam & Ors [2021] UKSC 6 (19 February 2021)

Evergreen Marine (UK) Ltd v Nautical Challenge Ltd [2021] UKSC 6 (19 February 2021)

Court of Appeal (Civil Division)

Unite the Union v Alec McfAdden [2021] EWCA Civ 199 (19 February 2021)

Pigot v The Environment Agency [2021] EWCA Civ 213 (19 February 2021)

IPCOM GmbH & Co Kg v Vodafone Group Plc & ors [2021] EWCA Civ 205 (19 February 2021)

Leech Homes Ltd v Northumberland County Council [2021] EWCA Civ 198 (19 February 2021)

Court of Appeal (Criminal Division)

KL v R. [2021] EWCA Crim 200 (19 February 2021)

High Court (Administrative Court)

Puharic v Silverbond Enterprises Ltd [2021] EWHC 351 (QB) (19 February 2021)

High Court (Chancery Division)

Amirtharaja & Anor v White & Ano [2021] EWHC 330 (Ch) (19 February 2021)

Docklock Ltd v C Christo & Co Limited [2021] EWHC 308 (Ch) (19 February 2021)

High Court (Commercial Court)

Active Media Services Inc v Burmester, Duncker & Joly GmbH & Co & Ors [2021] EWHC 352 (Comm) (19 February 2021)

High Court (Queen’s Bench Division)

Puharic v Silverbond Enterprises Ltd [2021] EWHC 351 (QB) (19 February 2021)

Meng v HSBC Bank Plc & Ors [2021] EWHC 342 (QB) (19 February 2021)

Husayn ( Zubaydah) v The Foreign And Commonwealth Office & Ors [2021] EWHC 331 (QB) (19 February 2021)

Sellers v Secretary of State for Foreign, Commonwealth And Development Affairs & Anor [2021] EWHC 358 (QB) (19 February 2021)

High Court (Technology and Construction Court)

Motacus Constructions Ltd v Paolo Castelli SpA [2021] EWHC 356 (TCC) (22 February 2021)

CIS General Insurance Ltd v IBM United Kingdom Ltd [2021] EWHC 347 (TCC) (19 February 2021)

Source: www.bailii.org

Uber drivers “set for £12k awards” after Supreme Court ruling – Litigation Futures

‘Tens of thousands of Uber drivers could be entitled to £12,000 in compensation, lawyers said today after the Supreme Court ruled they should be classed as workers.’

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Litigation futures, 19th February 2021

Source: www.litigationfutures.com

European Commission approval for the ‘adequacy’ status of our data protection laws has been welcomed by the government. But is the UK making the wrong choice of regimes? – Law Society’s Gazette

Posted February 22nd, 2021 in brexit, data protection, EC law, news by sally

‘Last week’s news that the European Commission is to approve the treasured ‘adequacy’ status of UK data protection laws came as a relief to much of the legal sector. Apart from allowing businesses to continue sharing personal data across the EU when the current bridging agreement expires in June, adequacy status also helps with law enforcement and other matters where cross-border co-operation is vital.’

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Law Society's Gazette, 22nd February 2021

Source: www.lawgazette.co.uk

City watchdog halts new business at Buy2LetCars – The Guardian

Posted February 22nd, 2021 in financial regulation, financial services ombudsman, news by sally

‘The City regulator has halted new business at a company that promises bumper returns from a car hire scheme aimed at people with poor credit ratings, prompting a backlash from the firm at the “bizarre” decision.’

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The Guardian, 21st February 2021

Source: www.theguardian.com

Fewer than one in six ‘hostile environment’ raids led to deportations – The Guardian

‘Fewer than one in six of more than 44,000 “intelligence-led” Home Office immigration enforcement raids on people’s homes since the introduction of the “hostile environment” policy have resulted in deportations, according to data obtained by the Guardian.’

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The Guardian, 21st February 2021

Source: www.theguardian.com

Fly-tipping: Licensing system failing to stop dumping, Panorama finds – BBC News

Posted February 22nd, 2021 in enforcement, government departments, licensing, local government, news, waste by sally

‘A BBC Panorama investigation has revealed how the government’s licensing system for waste carriers fails to stop fly-tipping. All businesses that transport and dispose of waste in England have to be licensed with the Environment Agency.
But there are few checks on who gets a licence and BBC Panorama found licensed firms can still be involved in the dumping of rubbish.’

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BBC News, 22nd February 2021

Source: www.bbc.co.uk