Brexit: barristers question selection of legal team leading UK drive to override deal – The Guardian

Posted September 16th, 2020 in attorney general, barristers, bills, brexit, EC law, government departments, news by michael

‘The government is facing increasing scrutiny over its decision to use “committed Brexiteer” lawyers to provide advice on the legality of breaching the EU withdrawal agreement.’

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The Guardian, 15th September 2020

Source: www.theguardian.com

Women lose court of appeal challenge against UK pension change – The Guardian

Posted September 15th, 2020 in age discrimination, appeals, news, pensions, sex discrimination, women by sally

‘Increasing the age at which women born in the UK in the 1950s are entitled to receive their state pension to 66 is lawful, the court of appeal has ruled. The unanimous judgment is a major setback for campaigners who have argued that the government’s changes will be a “disaster” for those on lower incomes.’

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The Guardian, 15th September 2020

Source: www.theguardian.com

Charlie Elphicke: Ex-MP jailed for sex assaults on women – BBC News

Posted September 15th, 2020 in assault, news, parliament, sentencing, sexual offences by sally

‘Ex-Conservative MP Charlie Elphicke has been jailed for two years for sexually assaulting two women.’

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BBC News, 15th September 2020

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 15th, 2020 in legislation by sally

The Insolvency Act 1986 (HMRC Debts: Priority on Insolvency) Regulations 2020

The Income-related Benefits (Subsidy to Authorities) Amendment Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 15th, 2020 in law reports by sally

Court of Appeal (Civil Division)

Fakhry v Pagden & Anor [2020] EWCA Civ 1207 (15 September 2020)

Delve & Anor, R (On the Application Of) v The Secretary of State for Work And Pensions [2020] EWCA Civ 1199 (15 September 2020)

G (A Child : Child Abduction) [2020] EWCA Civ 1185 (15 September 2020)

High Court (Chancery Division)

Codere Finance 2 (UK) Ltd, Re Companies Act 2006 [2020] EWHC 2441 (Ch) (13 September 2020)

High Court (Commercial Court)

The Financial Conduct Authority (FCA) v Arch Insurance (UK) Ltd & Ors [2020] EWHC 2448 (Comm) (15 September 2020)

Winlink Marketing Ltd v The Liverpool Football Club & Athletic Grounds Ltd [2020] EWHC 2271 (Comm) (14 September 2020)

Source: www.bailii.org

Care home business in South Wales fined £432k for fire safety failings – Local Government Lawyer

Posted September 15th, 2020 in fines, fire, health & safety, news, Wales by sally

‘A residential care home business in Cardiff has been fined more than £430,000 for serious fire safety failings, following a prosecution brought by South Wales Fire and Rescue Service.’

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Local Government Lawyer, 14th September 2020

Source: www.localgovernmentlawyer.co.uk

Judge refuses to let claimant abandon “unfavourable” joint expert – Litigation Futures

Posted September 15th, 2020 in appeals, expert witnesses, news, noise, personal injuries, reports by sally

‘A High Court judge has upheld a decision not to allow a claimant in a noise-induced hearing loss (NIHL) case to rely on a different expert because a joint expert produced an unfavourable report.’

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Litigation Futures, 15th September

Source: www.litigationfutures.com

Covid-19 creating new challenges for social mobility at the Bar – The Bar Council

Posted September 15th, 2020 in barristers, coronavirus, diversity, news by sally

‘This week, 10 new barristers from across England and Wales, known as Social Mobility Advocates, join the Bar Council’s award-winning social mobility campaign #IAmTheBar, now in its third year.’

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The Bar Council, 14th September 2020

Source: www.barcouncil.org.uk

Women hit by state pension age rise are ‘sick with anxiety’ ahead of Court of Appeal judgment – The Independent

Posted September 15th, 2020 in age discrimination, appeals, coronavirus, news, pensions, sex discrimination, women by sally

‘Women hit by the state pension age rise are “sick with anxiety” as they wait for their Court of Appeal judgment to be handed down on Tuesday.’

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The Independent, 14th September 2020

Source: www.independent.co.uk

Maximum jail term for attacking emergency workers to be double – The Guardian

Posted September 15th, 2020 in assault, emergency services, news, police, sentencing by sally

‘Increase to two years is among series of sentencing reforms announced by Ministry of Justice.’

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The Guardian, 15th September 2020

Source: www.theguardian.com

Tribunal awards 10 UK homecare workers £10,000 each in back pay – The Guardian

‘Ruling says travel and waiting time between cases should be treated as working time.’

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The Guardian, 15th September 2020

Source: www.theguardian.com

Do black lives matter in the employment justice system? – Garden Court Chambers

‘Paper produced by Mukhtiar Singh of the Garden Court Employment and Discrimination Law Team.’

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Garden Court Chambers, 14th September 2020

Source: www.gardencourtchambers.co.uk

Independent Case Review published – Oxford Diocese – Law & Religion UK

‘On 12th December 2018, the Diocese of Oxford announced the establishment of an Independent Case Review of the diocesan safeguarding response to allegations of spiritual abuse in the case of the Revd Tim Davis. On 11 September 2020, the Diocese of Oxford published the Review’s findings, a summary of which is reproduced below.’

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Law & Religion UK, 11th September 2020

Source: www.lawandreligionuk.com

Data protection representative actions consultation opened – OUT-LAW.com

‘The UK government is considering whether to allow non-profit organisations to make data protection regulatory complaints and bring court claims on behalf of individuals without their consent.’

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OUT-LAW.com, 14th September 2020

Source: www.pinsentmasons.com

Kenneth Armstrong: Can the UK Breach the Withdrawal Agreement and Get Away With It? – the United Kingdom Internal Market Bill – UK Constitutional Law Association

‘Can the UK Breach the Withdrawal Agreement and Get Away With It? – the United Kingdom Internal Market Bill.’

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UK Constitutional Law Association, 9th September 2020

Source: ukconstitutionallaw.org

Recent Statutory Instruments – legislation.gov.uk

Posted September 14th, 2020 in legislation by sally

The Coronavirus (Retention of Fingerprints and DNA Profiles in the Interests of National Security) (No. 2) Regulations 2020

The Industrial Training Levy (Engineering Construction Industry Training Board) Order 2020

The Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020

The Immigration and Nationality (Replacement of Tier 4 and Fees) and Passport (Fees) (Amendment) Regulations 2020

The Education (Information About Individual Pupils) (England) (Amendment) Regulations 2020

The Criminal Procedure and Investigations Act 1996 (Code of Practice) Order 2020

The Football Spectators (Seating) Order 2020

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 13) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 4) Regulations 2020

The Finance Act 2009, Sections 101 and 102 (Disguised Remuneration Repayment Scheme) (Appointed Day and Consequential Amendment) Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 14th, 2020 in law reports by sally

Court of Appeal (Civil Division)

B (A Child) (Abduction: Habitual Residence) [2020] EWCA Civ 1187 (10 September 2020)

High Court (Administrative Court)

J v A South Wales Local Authority [2020] EWHC 2362 (Admin) (14 September 2020)

Jordan, R (On the Application Of) v Chief Constable of Merseyside Police & Anor [2020] EWHC 2408 (Admin) (07 September 2020)

High Court (Chancery Division)

Penta Ultimate Holdings Ltd & Anor v Storrier [2020] EWHC 2400 (Ch) (14 September 2020)

SPS Technologies Ltd v Moitt & Ors [2020] EWHC 2421 (Ch) (11 September 2020)

Sazerac Brands, LLC & Ors v Liverpool Gin Distillery Ltd & Ors [2020] EWHC 2424 (Ch) (10 September 2020)

Lau v Cowley & Anor [2020] EWHC 2429 (Ch) (10 September 2020)

High Court (Commercial Court)

PJSC Tatneft v Bogolyubov & Ors [2020] EWHC 2437 (Comm) (11 September 2020)

BNP Paribas SA v Trattamento Rifiuti Metropolitani SPA [2020] EWHC 2436 (Comm) (11 September 2020)

Kazakhstan Kagazy Plc & Ors v Zhunus & Ors [2020] EWHC 2431 (Comm) (10 September 2020)

High Court (Queen’s Bench Division)

Bioconstruct GMBH v Winspear Ltd & Anor [2020] EWHC 2390 (QB) (11 September 2020)

Comberg v Vivopower International Services Ltd & Anor [2020] EWHC 2438 (QB) (11 September 2020)

Lum v Chan [2020] EWHC 2445 (QB) (11 September 2020)

High Court (Technology and Construction Court)

Essex County Council v UBB Waste (Essex) Ltd (No. 3) [2020] EWHC 2387 (TCC) (11 September 2020)

Source: www.bailii.org

High Court rejects challenge to foreign in-house lawyers’ privilege – Legal Futures

Posted September 14th, 2020 in foreign jurisdictions, law firms, legal profession, legal services, news, privilege by sally

‘Legal advice privilege extends to communications with foreign lawyers working in-house even if they are not recognised or regulated as “professional lawyers”, the High Court has ruled.’

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Legal Futures, 14th September 2020

Source: www.legalfutures.co.uk

BSB: Exams problems “worse than thought” as it rejects alternative plan – Legal Futures

Posted September 14th, 2020 in barristers, coronavirus, equality, examinations, internet, legal education, news by sally

‘Problems with the Bar exams were far more extensive than previously reported, the Bar Standards Board (BSB) has admitted as it announced traditional “pen and paper” resits next month.’

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Legal Futures, 14th September 2020

Source: www.legalfutures.co.uk

Nationwide Organised Crime Gang sentenced – Crown Prosecution Service

‘Eighteen members of a gang who ran a county lines drugs operation stretching from north Wales and Merseyside as far as Anglesey, Cornwall and Scotland have been sentenced to a total of nearly 147 years’ imprisonment, with individual sentences ranging from 4 to 21 years at Mold Crown Court.’

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Crown Prosecution Service , 11th September 2020

Source: www.cps.gov.uk