Essure: Women in England take legal action against sterilising-device maker – BBC News

Posted November 16th, 2020 in class actions, compensation, damages, health, medical treatment, news, women by sally

‘Lawyers have begun legal action on behalf of 200 UK women against the makers of a sterilisation device, after claims of illness and pain.’

Full Story

BBC News, 15th November 2020

Source: www.bbc.co.uk

Supreme court case looms as insurers battle firms over Covid cover – The Guardian

‘Eight months since the UK coronavirus lockdown forced the temporary closures of restaurants, bars, shops, hairdressers and other small businesses, thousands who are still awaiting payouts from their insurers to cover lost income will hope a supreme court hearing will result in a ruling that favours about 200,000 policyholders.’

Full Story

The Guardian, 16th November 2020

Source: www.theguardian.com

Civil law, religion and marriage in the United Kingdom: a long read – Law & Religion UK

‘This began as a handout for the Cardiff LLM in Canon Law: it’s about the law on the formation of marriage – “weddings law” – rather than matrimonial law more generally.’

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Law & Religion UK, 11th November 2020

Source: lawandreligionuk.com

New Act – legislation.gov.uk

Posted November 13th, 2020 in agriculture, legislation by sally

Agriculture Act 2020

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 13th, 2020 in legislation by sally

The Consumer Credit (Enforcement, Default and Termination Notices) (Coronavirus) (Amendment) Regulations 2020

The Town and Country Planning (General Permitted Development) (England) (Amendment) Regulations 2020

The Cyber (Sanctions) (Overseas Territories) (No. 2) Order 2020

The Greenhouse Gas Emissions Trading Scheme Order 2020

The Education (Exemption from School and Further Education Institutions Inspections) (England) (Amendment) Regulations 2020

The Tobacco Products Duty (Alteration of Rates) Order 2020

The Inspectors of Education, Children’s Services and Skills (No. 5) Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 13th, 2020 in law reports by sally

Court of Appeal (Civil Division)

Mousavi-Khalkali v Abrishamchi & Anor [2020] EWCA Civ 1493 (12 November 2020)

K (Children: Placement Orders), Re [2020] EWCA (Civ) 1503 (12 November 2020)

Heskett v Secretary of State for Justice [2020] EWCA Civ 1487 (11 November 2020)

XXX v Camden London Borough Council [2020] EWCA Civ 1468 (11 November 2020)

AB Volvo (Publ) & Ors v Ryder Ltd & Ors [2020] EWCA Civ 1475 (11 November 2020)

High Court (Administrative Court)

The Independent Workers’ Union of Great Britain, R (on the application of) v The Secretary of State for Work and Pensions & Ors [2020] EWHC 3050 (Admin) (13 November 2020)

Hawkhurst Parish Council, R (On the Application Of) v Tunbridge Wells Borough Council [2020] EWHC 3019 (Admin) (11 November 2020)

High Court (Chancery Division)

The Official Receiver v Duckett [2020] EWHC 3016 (Ch) (13 November 2020)

DSA Investments Inc (A Company Registered Under the Laws of the British Virgin Islands) v Optima Worldwide Group PLC & Ors [2020] EWHC 2770 (Ch) (12 November 2020)

Mistral Asset Finance Ltd v Registrar of Companies & Anor [2020] EWHC 3027 (Ch) (12 November 2020)

High Court (Family Division)

Z, Re (A Child: Deprivation of Liberty: Transition Plan) [2020] EWHC 3038 (Fam) (12 November 2020)

IC v RC [2020] EWHC 2997 (Fam) (12 November 2020)

High Court (Queen’s Bench Division)

Napag Trading Ltd & Ors v Gedi Gruppo Editoriale SPA & Anor [2020] EWHC 3034 (QB) (13 November 2020)

Kamara v Builder Depot Ltd [2020] EWHC 3046 (QB) (12 November 2020)

Michael Wilson & Partners Ltd v CJSC KazSubton & Ors [2020] EWHC 2957 (QB) (12 November 2020)

Ameyaw v McGoldrick & Ors [2020] EWHC 3035 (QB) (12 November 2020)

High Court (Technology and Construction Court)

RGB Plastering Ltd v TAWE Drylining and Plastering Ltd [2020] EWHC 3028 (TCC) (13 November 2020)

Source: www.bailii.org

FCA pursues Gavin Woodhouse’s ex-business partner in high court – The Guardian

‘The former business partner of the disgraced entrepreneur Gavin Woodhouse is being pursued by the Financial Conduct Authority in the high court over alleged links to care home investments in which investors appear to “have lost at least £30m”.’

Full Story

The Guardian, 12th November 2020

Source: www.theguardian.com

Met police told 40% of recruits must be from BAME backgrounds – The Guardian

‘Britain’s biggest police force must hire 40% of new recruits from ethnic minority backgrounds, while officers will have to justify stop and search to community panels under new plans designed to quell the race crisis engulfing Scotland Yard.’

Full Story

The Guardian, 13th November 2020

Source: www.theguardian.com

Met Police traffic stops to be reviewed as part of Action Plan – BBC News

‘Mayor of London Sadiq Khan has called for police traffic stops to be reviewed to look at whether black people are disproportionately affected by some police tactics.’

Full Story

BBC News, 13th November 2020

Source: www.bbc.co.uk

Asylum seekers crossing Channel face ‘inhumane treatment’, observers say – The Guardian

Posted November 13th, 2020 in asylum, detention, government departments, health, immigration, news, standards by sally

‘Independent monitors say migrants arriving at Dover are moved with untreated injuries amid serious documentation errors.’

Full Story

The Guardian, 13th November 2020

Source: www.theguardian.com

Sacked Treasury adviser settles unfair dismissal claim – BBC News

‘A special advisor who was escorted out of Downing Street by police after a confrontation with Dominic Cummings has settled her unfair dismissal claim.’

Full Story

BBC News, 13th November 2020

Source: www.bbc.co.uk

Whistleblowing time limits: one off acts vs continuing acts – 3PB

Posted November 12th, 2020 in contract of employment, news, time limits, unfair dismissal, whistleblowers by sally

‘Ikejiaku reinforces the distinction between a one-off act and a continuing act in the context of the imposition of a new contract, highlighting that this was a one off act with continuing consequences. Although the case concerned time limits in a whistleblowing detriment claim, the principles will extend across other areas, such as discrimination, in which unlawful detriments form the basis for claims.’

Full Story

3PB, 8th October, 2020

Source: www.3pb.co.uk

Court quashes decision to accommodate disabled man 130 miles away from his support network – LB Waltham Forest v Saleh remains good law – Garden Court Chambers

Posted November 12th, 2020 in disabled persons, housing, local government, news by sally

‘HHJ Saunders at Central London County Court found the decision of LB Waltham Forest unlawful on a number of grounds.’

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Garden Court Chambers, 5th November 2020

Source: www.gardencourtchambers.co.uk

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

‘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.’

Full Story

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”.’

Full Story

Legal Futures, 12th November 2020

Source: www.legalfutures.co.uk

Immigration Act receives Royal Assent: free movement to end on 31 December 2020 – Home Office

Posted November 12th, 2020 in brexit, EC law, freedom of movement, immigration, legislation, press releases by sally

‘The Immigration Act has today (Wednesday 11 November 2020) received Royal Assent and been signed into law. This means free movement will end around seven weeks from now, at 11pm on 31 December 2020.’

Full press release

Home Office, 11th November 2020

Source: www.gov.uk/home-office

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.’

Full Story

Family Law, 11th November 2020

Source: www.familylaw.co.uk