Surgeons fear wave of lawsuits over delays to cancer treatment – The Guardian

Posted March 8th, 2021 in cancer, compensation, coronavirus, delay, doctors, hospitals, medical treatment, news by sally

‘The NHS is facing what doctors fear is “a legal storm” of claims for compensation from patients who could not get cancer treatment during the pandemic. Leading cancer surgeons are warning that patients who could not have surgery at the planned time, or a scan, or see their GP because of Covid-related disruption to services may sue if their cancer subsequently spread.’

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The Guardian, 7th March 2021

Source: www.theguardian.com

Low Pay Commission to review minimum wage exemption for domestic staff – The Guardian

Posted March 8th, 2021 in employment, employment tribunals, equality, government departments, news, remuneration, sex discrimination, women by sally

‘The government has asked the Low Pay Commission to review a rule exempting live-in domestic workers from minimum wage regulations. It comes after an employment tribunal in December found that the exemption was discriminatory against women. The tribunal heard extensive evidence that women are far more likely to be employed as family workers than men.’

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The Guardian, 7th March 2021

Source: www.theguardian.com

Priti Patel orders review into Ruth Williams lockdown killing – BBC News

Posted March 8th, 2021 in criminal justice, domestic violence, homicide, imprisonment, local government, married persons, news, sentencing by sally

‘A review into the death of a woman who was killed by her husband has been ordered by the home secretary. Anthony Williams, 70, was jailed for five years after admitting to the manslaughter of his wife Ruth, 67, in south Wales.’

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BBC News, 7th March 2021

Source: www.bbc.co.uk

Hospitals forced to repay millions after falsely claiming their maternity units were safe – The Independent

Posted March 8th, 2021 in birth, causing death of children or vulnerable adults, hospitals, inquiries, negligence, news, ombudsmen, quality assurance by sally

‘NHS hospitals have been forced to pay millions of pounds to regulators after wrongly claiming their maternity units were among the safest in the country.’

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The Independent, 7th March 2021

Source: www.independent.co.uk

Repeat homelessness applications and local connection – Garden Court Chambers

Posted March 5th, 2021 in chambers articles, homelessness, housing, judicial review, local government, news, statutory duty by sally

‘The Claimant, Mr Minott, applied to Cambridge City Council as homeless in March 2019 and was provided with interim accommodation under s188(1) Housing Act 1996. However the performance of the relief duty under s189B(2) Housing Act 1996 was subsequently referred to Sandwell MBC, on the footing that Mr Minott had a local connection with the district of that authority but did not have a local connection with the district of Cambridge.’

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Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

“You have reached your destination…”; Uber v. Aslam – Parklane Plowden Chambers

Posted March 5th, 2021 in appeals, chambers articles, contract of employment, employment, employment tribunals, news, statutory interpretation, Supreme Court, taxis by sally

‘On 19 February 2021 the Supreme Court delivered its judgment in the long running dispute between Uber and its drivers.’

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Parklane Plowden Chambers, 26th February 2021

Source: www.parklaneplowden.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 5th, 2021 in legislation by sally

The Annual Tax on Enveloped Dwellings (Indexation of Annual Chargeable Amounts) Order 2021

The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 21) Order 2021

The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations 2021

The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England) Order 2021

The Social Security (Claims and Payments, Employment and Support Allowance, Personal Independence Payment and Universal Credit) (Telephone and Video Assessment) (Amendment) Regulations 2021

The Universal Credit (Childcare in Wales) (Amendment) Regulations 2021

The Occupational and Personal Pension Schemes (General Levy) (Amendment) Regulations 2021

The Housing (Shared Ownership Leases) (Exclusion from Leasehold Reform Act 1967 and Rent Act 1977) (England) Regulations 2021

The Guaranteed Minimum Pensions Increase Order 2021

The Electricity Supplier Payments (Amendment) Regulations 2021

Source: www.legislation.gov.uk

Coercive and Controlling Behaviours: How are they to be dealt with in fact finding hearings after the recent case of F v M? – Becket Chambers

Posted March 5th, 2021 in chambers articles, coercive & controlling behaviour, domestic violence, families, news, practice directions by sally

‘Allegations of domestic abuse are usually raised from the outset by either the applicant or respondent in private law proceedings. Further allegations may be raised at the safeguarding stage, with recommendations by Cafcass as to whether there should be a fact finding hearing, before final resolution of the case.’

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Becket Chambers, 3rd March 2021

Source: becket-chambers.co.uk

Forensic Science – Codes of Practice and Joint Statements – 2 Hare Court

Posted March 5th, 2021 in chambers articles, codes of practice, criminal procedure, forensic science, news by sally

‘Two new publications were issued by the Forensic Science Regulator (“FSR”) in February 2021.’

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2 Hare Court, 25th February 2021

Source: www.2harecourt.com

Covid and sentencing: a round-up of the relevant authorities – Doughty Street Chambers

Posted March 5th, 2021 in chambers articles, coronavirus, criminal justice, imprisonment, news, sentencing by sally

‘The pandemic has inarguably made custody more severe. Prisoners spend more time in their cell, have fewer visits, and face a heightened risk of infection. The higher courts have established that sentencing courts should account for such hardship. The below is a round-up of the relevant authorities.’

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Doughty Street Chambers, 4th March 2021

Source: insights.doughtystreet.co.uk

BAILII: Recent Decisions

Posted March 5th, 2021 in law reports by sally

Court of Appeal (Civil Division)

Eastern Power Networks Plc & Ors v Revenue And Customs [2021] EWCA Civ 283 (03 March 2021)

Court of Appeal (Criminal Division)

Hunnisett, R. v [2021] EWCA Crim 265 (04 March 2021)

High Court (Administrative Court)

KMI, R (On the Application Of) v The Secretary of State for the Home Department [2021] EWHC 477 (Admin) (03 March 2021)

Turner, R (On the Application Of) v Secretary of State for Work and Pensions [2021] EWHC 465 (Admin) (03 March 2021)

High Court (Chancery Division)

Rokkan v Rokkan & Anor [2021] EWHC 481 (Ch) (04 March 2021)

High Court (Commercial Court)

Newcastle United Football Company Ltd v Football Association Premier League Ltd & Ors [2021] EWHC 450 (Comm) (05 March 2021)

XL Insurance Company SE v IPORS Underwriting Ltd & Ors [2021] EWHC 474 (Comm) (04 March 2021)

Cakebread & Anor v Fitzwilliam [2021] EWHC 472 (Comm) (03 March 2021)

High Court (Patents Court)

Cabo Concepts Ltd v MGA Entertainment (UK) Ltd & Anor [2021] EWHC 491 (Pat) (04 March 2021)

Mitsubishi Electric Corporation & Anor v Oneplus Technology (Shenzhen) Co Ltd & Ors (FRAND CMC Judgment) [2021] EWHC 493 (Pat) (04 March 2021)

High Court (Queen’s Bench Division)

COS v PER & Anor [2021] EWHC 475 (QB) (03 March 2021)

High Court (Technology and Construction Court)

Bechtel Ltd v High Speed Two (HS2) Ltd [2021] EWHC 458 (TCC) (04 March 2021)

Source: www.bailii.org

The Domestic Abuse Bill, a step in the right direction? – Garden Court Chambers

Posted March 5th, 2021 in bills, chambers articles, coercive & controlling behaviour, criminal justice, domestic violence, news, victims by sally

‘The Domestic Abuse Bill received its second reading stage in the House of Lords on 5 January 2021. The government has indicated a commitment to improving the justice system’s effectiveness in providing protection for victims of domestic abuse and bringing perpetrators to justice.’

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Garden Court Chambers, 1st March 2021

Source: www.gardencourtchambers.co.uk

The Cab Rank Rule: English Barristers in Foreign Courts – 3 Hare Court

Posted March 5th, 2021 in barristers, chambers articles, foreign jurisdictions, news by sally

‘When the cab rank rule is no longer a defence: Matthew Happold on considerations when accepting instructions overseas.’

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3 Hare Court, 26th February 2021

Source: www.3harecourt.com

Practice Direction 27A and its application to financial proceedings – 3PB

Posted March 5th, 2021 in chambers articles, civil procedure rules, costs, news, practice directions by sally

‘The courts are increasingly referring to PD 27A and the necessity for compliance.’

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3PB, 26th February 2021

Source: www.3pb.co.uk

A brief update: COVID-19 related workplace disputes in Employment Tribunal – Parklane Plowden Chambers

Posted March 5th, 2021 in chambers articles, coronavirus, employment, employment tribunals, health & safety, news, unfair dismissal, vaccination by sally

‘As anticipated the start of 2021 has shown an increase in COVID-19 related claims being heard at employment tribunals. What type of claims have been heard so far and what should we expect to see more of?’

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Parklane Plowden Chambers, 1st March 2021

Source: www.parklaneplowden.co.uk

Barristers lose £6.9m fees appeal over unenforceable DBA – Law Society’s Gazette

Posted March 5th, 2021 in appeals, arbitration, barristers, damages, fees, news by sally

‘Two barristers working on a damages-based agreement have failed in their court bid to recoup almost £7m in legal fees.’

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Law Society's Gazette, 5th March 2021

Source: www.lawgazette.co.uk

A new approach to witness statements in the Business and Property Courts: the new Practice Direction 57AC – Hardwicke Chambers

Posted March 5th, 2021 in chambers articles, civil procedure rules, evidence, news, practice directions, witnesses by sally

‘The new Practice Direction 57AC (Witness evidence at trial) is set to significantly alter the approach taken to witness statements in the Business and Property Courts (B&PCs) by introducing new rules to deal with “the phenomenon over-long, over-lawyered trial witness statements” (paragraph 10 of the Factual Witness Evidence in Trials before the Business & Property Courts: Implementation Report of the Witness Evidence Working Group (31 July 2020) (Implementation Report). It will apply in the B&PCs to witness statements signed on or after 6 April 2021 in both new and existing proceedings (paragraph 1.1, PD 57AC. Note that certain types of proceedings are excluded unless the court directs otherwise: see paragraph 1.3).’

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Hardwicke Chambers, 4th March 2021

Source: hardwicke.co.uk

Money for Nothing? Crypto-assets and their Implications in Matrimonial and Private Client Work – Family Law Week

Posted March 5th, 2021 in banking, cryptocurrencies, divorce, families, financial dispute resolution, financial regulation, news, taxation by sally

‘Helen Brander, barrister of Pump Court Chambers, considers the current treatment by the courts and taxation authorities of crypto-assets.’

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Family Law week, 3rd March 2021

Source: www.familylawweek.co.uk

Man jailed for stabbing wedding guest with fork during bust-up – BBC News

Posted March 5th, 2021 in assault, imprisonment, news, sentencing, wounding by sally

‘A man who repeatedly stabbed a fellow wedding guest in the head with a fork has been jailed.’

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BBC News, 4th March 2021

Source: www.bbc.co.uk

Would receipt of a Covid-19 vaccine be in a mentally incapacitated person’s best interests when other treatments are proposed by a family member? – Garden Court Chambers

Posted March 5th, 2021 in care homes, coronavirus, Court of Protection, disabled persons, elderly, families, local government, news, vaccination by sally

‘V is in her early 70s and resides in a care home. She has Korsakoff’s syndrome. SD, V’s daughter, sought a declaration that it would not be in V’s best interests to administer a Covid-19 vaccine to V. The local authority argued it was in V’s best interests to receive the vaccine.’

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Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk