Prisons: what’s gone wrong & how to fix it – Counsel
‘An abysmal mess? What our prisons tell us about our country today – by Nick Hardwick.’
Counsel, February 2020
Source: www.counselmagazine.co.uk
Court of Protection Newsletter #17 – Spire Barristers
‘Welcome to the February issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’
Spire Barrister, 14th February 2020
Source: spirebarristers.co.uk
Court rejects judicial review over failure to extend QOCS – Litigation Futures
‘The High Court has rejected a challenge to the Ministry of Justice’s (MoJ) failure to extend qualified one-way costs shifting (QOCS) to discrimination claims in the county court.’
Litigation Futures, 20th February 2020
Source: www.litigationfutures.com
Onus of Proof in Business Rates Complaints – 33 Bedford Row
‘Where a Local Authority (the ‘Billing Authority) applies by way of complaint to the Magistrates Court for a liability order against an alleged ratepayer, for allegedly due but unpaid, national non-domestic rates (‘Business Rates’), the Magistrates Court will issue a summons requiring the alleged ratepayer to attend the Magistrates Court to answer the complaint (the ‘Complaint’).’
33 Bedford Row, 16th February 2020
Source: www.33bedfordrow.co.uk
Reasonable adjustments – Is it relevant that the employee didn’t mention them? – 3PB
‘The dispute arose from the claimant’s back problems, which, it was agreed, made her disabled within the Equality Act 2010. She was unable to travel far and wanted to work mainly from home. This caused difficulty because her role, auditing the performance of National Health Service bodies, was “client facing” and required her to visit those bodies. She was eventually dismissed for reason of ill-health capability after an occupational health report and negotiations with her union representative. The respondent was concerned that she was not meeting her financial targets, i.e. the required amount of chargeable time billed to the respondent’s clients. These receipts from clients funded her salary. There were not enough clients within the short travelling distance from her home that she could manage.’
3PB, 7th February 2020
Source: www.3pb.co.uk
Man guilty of murdering Widnes pub landlord over ban – BBC News
‘A man has been found guilty of murdering a landlord who barred him from his pub for “bragging about carrying a knife”.’
BBC News, 20th February 2020
Source: www.bbc.co.uk
Muslim Non-Marriages – Becket Chambers
‘In 1999, Jerry Hall and Mick Jagger separated and in a move heralding a long and acrimonious legal battle, Jagger sensationally released a public statement saying that he would be contesting Jerry Hall’s petition for divorce on the grounds that he and Jerry Hall were not and never had been married!’
Becket Chambers, 17th February 2020
Source: becket-chambers.co.uk
Council-owned company defends unfair dismissal claim from ADHD sufferer – Local Government Lawyer
‘A refuse collector has lost his claim for disability discrimination against Bristol Waste, a wholly-owned operation of Bristol City Council.’
Local Government Lawyer, 20th February 2020
Source: www.localgovernmentlawyer.co.uk
No special rules allowing regulators to override LPP – Legal Futures
‘There are no special rules allowing regulators such as the Financial Reporting Council (FRC) to override the protection of legal professional privilege (LPP), the Court of Appeal has ruled.’
Legal Futures, 20th February 2020
Source: www.legalfutures.co.uk
Strike Out: seriousness of default and possibility of a fair trial require careful consideration – 3PB
‘The Claimant (herein after referred to as “C”) was employed by the Respondent (herein after referred to as “R”) as a caseworker from 4 August 2016 until her dismissal on 8 December 2016, with the grounds for dismissing her being ones of conduct and performance during her probationary period.’
3PB, 7th February 2020
Source: www.3pb.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2020
The Council of Europe Convention on Cinematographic Co-production (revised) Order 2020
The Universal Credit (Work-Related Requirements) In Work Pilot Scheme (Extension) Order 2020
The Taxation of Income from Land (Non-residents) (Amendment) Regulations 2020
The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 17) Order 2020
The Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020
The Criminal Justice and Courts Act 2015 (Consequential Amendment) Regulations 2020
Source: www.legislation.gov.uk
Points of dispute “must be precise and focused” – Litigation Futures
‘Points of dispute (PoDs) in detailed assessments must help the parties and court “determine precisely what is in dispute and why”, the Court of Appeal has ruled.’
Litigation Futures, 20th February 2020
Source: www.litigationfutures.com
Louise Lotz: Debby Foxwell guilty of neighbour murder – BBC News
‘A woman who bludgeoned her neighbour to death with a garden spade has been found guilty of murder.’
BBC News, 20th February 2020
Source: www.bbc.co.uk
New Judgment: Micula & Ors v Romania [2020] UKSC 5 – UKSC Blog
‘The appeals arose out of the attempted enforcement of an investment arbitration award in favour of the claimants against Romania in relation to investments made by the claimants in food production in Romania before the country acceded to the EU.’
UKSC Blog, 19th February 2020
Source: ukscblog.com
Trading standards wins landmark prosecution of ticket touts – Local Government Lawyer
‘Yorkshire trading standards officers have helped to secure the first successful prosecution against a company fraudulently reselling event tickets on a large scale.’
Local Government Lawyer, 20th February 2020
Source: www.localgovernmentlawyer.co.uk
UK court hears bid to access fertility clinic’s records on dead person – The Guardian
‘A legal action over access to a fertility clinic’s private records concerning the storage of a dead person’s “sperm and/or embryos” is being heard by the family court partly in secret.’
The Guardian, 19th February 2020
Source: www.theguardian.com
Fatal Accident Act Apportionment – a pragmatic solution to an unusual problem? – 12 King’s Bench Walk
‘The decision of Master Cook in ARN v Ageas Insurance Ltd (27/1/2020), when approving a Fatal Accident Act settlement involving four children, provides a novel and pragmatic solution to a difficult apportionment problem. A single mother was killed in a road traffic accident, leaving four young children. The children were the deceased’s only dependants and their claim was settled for a substantial lump sum.’
12 King's Bench Walk, 13th February 2020
Source: www.12kbw.co.uk
