Current Awareness

‘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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

The Guardian, 15th September 2020

Source: www.theguardian.com

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

Posted September 15th, 2020 in care workers, contract of employment, employment tribunals, minimum wage, news, remuneration, working time by sally

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

Full Story

The Guardian, 15th September 2020

Source: www.theguardian.com

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

Posted September 14th, 2020 in barristers, chambers articles, diversity, employment, employment tribunals, equality, judiciary, legal profession, legal representation, news, race discrimination, racism by sally

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

Full Story

Garden Court Chambers, 14th September 2020

Source: www.gardencourtchambers.co.uk

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

Posted September 14th, 2020 in abuse of position of trust, children, Church of England, complaints, news, professional conduct by sally

‘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.’

Full Story

Law & Religion UK, 11th September 2020

Source: www.lawandreligionuk.com

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

Posted September 14th, 2020 in appeals, class actions, complaints, consultations, data protection, government departments, news, ombudsmen, statistics, Supreme Court by sally

‘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.’

Full Story

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

Posted September 14th, 2020 in bills, brexit, constitutional law, EC law, government departments, international law, news, Supreme Court by sally

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

Full Story

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.’

Full Story

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.’

Full Story

Legal Futures, 14th September 2020

Source: www.legalfutures.co.uk

Nationwide Organised Crime Gang sentenced – Crown Prosecution Service

Posted September 14th, 2020 in Crown Prosecution Service, drug offences, drug trafficking, gangs, imprisonment, news, sentencing by sally

‘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.’

Full Story

Crown Prosecution Service , 11th September 2020

Source: www.cps.gov.uk

BSB announces new opportunities to sit Bar Professional Training Course (BPTC) exams – Bar Standards Board

Posted September 14th, 2020 in equality, internet, press releases by sally

‘The Director General of the Bar Standards Board has repeated his apology to students who were affected by the technical difficulties which they faced in sitting their BPTC exams in August. Further to his previous announcement on 18 August, the Bar Standards Board (BSB) has also today announced that course providers will be offering new opportunities to sit the centralised BPTC and Bar Transfer Test (BTT) assessments in Professional Ethics and Civil and Criminal Litigation in the traditional pen and paper format starting from 5 October.’

Full press release

Bar Standards Board, 11th September 2020

Source: www.barstandardsboard.org.uk