Court of Appeal considers relevant factors for the ‘just and equitable’ test – Cloisters Chambers

Posted February 21st, 2025 in age discrimination, appeals, chambers articles, employment, employment tribunals, equality, news, race discrimination by sally

‘In Dr Nicholas Jones v Secretary of State for Health and Social Care [2024] EWCA Civ 1568 the Court of Appeal has held that a claimant’s suspicion that they have been a victim of discrimination, or their firmly held belief based on their suspicion, is unlikely to be a relevant factor for the tribunal to take into account when considering whether it should or should not extend time on a “just and equitable” basis.’

Full Story

Cloisters Chambers, 19th February 2025

Source: www.cloisters.com

Football Club Ownership: Billionaires, Princes, Hollywood and Wrexham – Yasin Patel and Caitlin Haberlin-Chambers – Church Court Chambers

Posted February 21st, 2025 in chambers articles, news, sport by sally

‘The acquisition of Wrexham AFC by high-profile figures from Hollywood has garnered widespread attention, thrusting the club into the global spotlight. However, beneath the glamour lies a complex web of legal concerns and potential challenges that the not-so-new owners have already encountered and may confront in the future.’

Full Story

Church Court Chambers, 18th February 2025

Source: churchcourtchambers.co.uk

Mandatory Alternative Dispute Resolution (ADR) – Becket Chambers

Posted February 21st, 2025 in appeals, chambers articles, civil procedure rules, dispute resolution, news by sally

‘Pursuant to the Court of Appeal decision in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416[1], the Civil Procedure Rules (“CPR”) have been amended from 1st October 2024. As a result, the courts can now order parties in civil proceedings to engage in alternative dispute resolution (“ADR”), where it does not impair the very essence of the parties’ right to a fair trial, and is proportionate to achieving the legitimate aim of settling the dispute fairly, quickly and at reasonable cost.’

Full Story

Becket Chambers, 19th February 2025

Source: becket-chambers.co.uk

Landmark reform: no time limit for Child Sexual Abuse claims – Kingsley Napley Medical Negligence and Personal Injury Blog

Posted February 21st, 2025 in burden of proof, chambers articles, child abuse, children, consultations, criminal justice, limitations, Ministry of Justice, news, sexual offences, time limits by sally

‘Earlier this month, the Government announced landmark reform to child sexual abuse personal injury claims. In legislation expected to be put before parliament next year, the 3-year time limit to bring such claims, which begins to run from a Claimant’s 18th birthday, will be abolished. The burden of proof on determining whether there can be a fair hearing will also shift, from the Claimant to the Defendant.’

Full Story

Kingsley Napley Medical Negligence and Personal Injury Blog, 20th February 2025

Source: www.kingsleynapley.co.uk

Trauma-Informed Lawyering with Dr Anna Colton – Law Pod UK

Posted February 21st, 2025 in news, podcasts, psychiatric damage, psychiatrists by sally

‘In Episode 214 Emma-Louise Fenelon speaks to Rachel Marcus of 1, Crown Office Row and Dr Anna Colton, an experienced Clinical Psychologist, about vicarious trauma and trauma-informed lawyering.’

Full Story

Law Pod UK, 17th February 2025

Source: audioboom.com

Ruling shows employers must act proportionately in respect of protected beliefs – OUT-LAW.com

Posted February 21st, 2025 in appeals, education, employment, employment tribunals, equality, freedom of expression, gender, homosexuality, internet, news, religious discrimination, unfair dismissal by sally

‘A recent judgment by the Court of Appeal in England emphasises that while employers can continue to set and uphold standards of respectful behaviour at work, care is required when employees exercise their right to manifest protected beliefs, employment experts have said.’

Full Story

OUT-LAW.com, 20th February 2025

Source: www.pinsentmasons.com

Charity trusteeship and the right to free speech: Mond – Law & Religion UK

Posted February 21st, 2025 in charities, Charity Commission, freedom of expression, human rights, internet, Islam, Judaism, news by sally

‘Background: Mr Mond had been a trustee of various Jewish charities. As a result of various postings on social media for which he subsequently apologised by way of a press statement, the Commission disqualified him from being a charity trustee for three years, under its powers under s.181A Charities Act 2011. He appealed against his disqualification’

Full Story

Law & Religion UK, 20th February 2025

Source: lawandreligionuk.com

SDT fines firm £25,000 over money laundering regulation breaches – Law Society’s Gazette

Posted February 21st, 2025 in disciplinary procedures, fines, law firms, money laundering, news, solicitors by sally

‘A law firm has been fined more than £25,000 and one of its salaried partners £3,500 for failing to comply with anti-money laundering regulations.’

Full Story

Law Society's Gazette, 21st February 2025

Source: www.lawgazette.co.uk

Supreme Court’s judgment over Insolvency Act ‘welcome confirmation’ – Law Society’s Gazette

Posted February 21st, 2025 in appeals, debts, insolvency, news, statutory interpretation, Supreme Court by sally

‘A Supreme Court judgment centred on the construction of section 423 of the Insolvency Act 1986, which provides remedies to creditors where a debtor takes steps to defeat or prejudice their claims, “should be welcomed by all creditors”, solicitors say.’

Full Story

Law Society's Gazette, 20th February 2025

Source: www.lawgazette.co.uk

First unsuccessful opt-out class rep to pay £14m in interim costs – Legal Futures

Posted February 21st, 2025 in appeals, class actions, competition, consumer protection, costs, news, telecommunications by sally

‘The unsuccessful claimant in the first opt-out collective action decided by the Competition Appeal Tribunal (CAT) has been ordered to make an interim costs payment of £14m.’

Full Story

Legal Futures, 21st February 2025

Source: www.legalfutures.co.uk

Banks fined £100m after traders shared sensitive information in chat rooms – The Independent

Posted February 21st, 2025 in banking, competition, fines, insider dealing, news by sally

‘Four banks have been fined more than £100 million after traders shared sensitive information with each other about the British Government debt they were buying and selling.’

Full Story

The Independent, 21st February 2025

Source: www.independent.co.uk

Pilot of domestic abuse experts helping in 999 call rooms begins in England – The Guardian

Posted February 21st, 2025 in crime prevention, criminal justice, domestic violence, murder, news, pilot schemes by sally

‘Domestic abuse specialists embedded in control rooms receiving 999 emergency calls will help “create force-wide cultural change”, said Jess Phillips as the first phase of “Raneem’s law” was rolled out across England.’

Full Story

The Guardian, 21st February 2025

Source: www.theguardian.com

African history students awarded compensation after master’s axed – The Guardian

Posted February 21st, 2025 in compensation, education, news, redundancy, universities by sally

‘An independent adjudicator has ruled partly in favour of students who challenged the University of Chichester after their African history course was abruptly terminated in 2023.’

Full Story

The Guardian, 20th February 2025

Source: www.theguardian.com

UK government may have breached young soldier’s right to life, coroner concludes – The Guardian

Posted February 21st, 2025 in armed forces, complaints, coroners, disciplinary procedures, government departments, human rights, inquests, mental health, news, sexual offences, suicide by sally

‘The UK government may have breached a young soldier’s right to life by failing to protect her from a sexual assault by a more senior colleague and from sustained unwelcome sexual attention from her line manager, a coroner has concluded.’

Full Story

The Guardian, 20th February 2025

Source: www.theguardian.com

Woman jailed for using fake mum to claim thousands – BBC News

Posted February 21st, 2025 in benefits, fraud, imprisonment, local government, news, sentencing by sally

‘A woman has been jailed after pretending another woman was her dead mum to fraudulently claim more than £17,000 in financial support.’

Full Story

BBC News, 20th February 2025

Source: www.bbc.co.uk

Drug dealer who fled to Spain ordered to repay £40k – BBC News

Posted February 21st, 2025 in confiscation, drug offences, drug trafficking, imprisonment, news, proceeds of crime, sentencing by sally

‘A drug dealing gang member who went on the run in Spain has been ordered to pay back more than £40,000 in illicit earnings.’

Full Story

BBC News, 20th February 2025

Source: www.bbc.co.uk

Asylum seeker who lied about age loses appeal – BBC News

Posted February 20th, 2025 in appeals, asylum, children, deceit, immigration, news, young persons by sally

‘An asylum seeker found to have “deliberately sought to mislead” about his age after arriving in the UK in a small boat has lost a challenge against the decision at the Court of Appeal.’

Full Story

BBC news, 19th February 2025

Source: www.bbc.co.uk

Risk assessment in care proceedings – Local Government Lawyer

Posted February 20th, 2025 in adoption, appeals, care orders, children, families, local government, news, placement orders, proportionality by sally

‘Reece McAllister analyses a significant Court of Appeal ruling on risk assessment and judicial reasoning in care proceedings.’

Full Story

Local Government Lawyer, 19th February 2025

Source: www.localgovernmentlawyer.co.uk

Capacity, insight and professional cultures – Local Government Lawyer

Posted February 20th, 2025 in appeals, Court of Protection, evidence, local government, news, social services by sally

‘Alex Ruck Keene KC (Hon) looks at an important new decision from the Court of Protection where the judge identified an evidential divide on capacity between social workers and clinicians.’

Full Story

Local Government Lawyer, 19th February 2025

Source: www.localgovernmentlawyer.co.uk

Family From Gaza Settle In UK Following Ukraine Scheme Application: A Legal Loophole? – EIN Blog

Posted February 20th, 2025 in appeals, human rights, immigration, Israel, news, Russia, Ukraine, war by sally

‘The decision of the Upper Tribunal in an unreported case was the centre of a clash in the House of Commons during PMQs last week. Leader of the Opposition Kemi Badenoch attacked the government on the grounds that a family from Gaza had successfully applied to live in the UK “using” the Ukraine Scheme. In response, Prime Minister Keir Starmer expressed strong disagreement with the decision of the Upper Tribunal to which she was referring. Although he did not specify any point of law on which the decision might be challenged, he did state that the government is looking at the “legal loophole that we need to close”. In this article, we will set out the decision of the Upper Tribunal and seek to identify what might constitute the “loophole” referred to by the Prime Minister.’

Full Story

EIN Blog, 19th February 2025

Source: www.ein.org.uk