Counterfactual defences to unjust enrichment restricted in Woolwich restitution claims (Vodafone Ltd & Ors v The Office of Communications) – New Square Chambers

Posted March 24th, 2020 in appeals, chambers articles, news, restitution by sally

‘The Court of Appeal considered the application of counterfactual arguments to unjust enrichment claims based upon the principle in Woolwich Equitable Building Society v Inland Revenue Commissioners [1993] AC 70. The decision affirms the primacy of the principle of lawful authority and limits the scope for public authorities to rely upon hypothetical decision making to curtail restitution. Written by James Saunders, barrister at New Square Chambers.’

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New Square Chambers, 21st February 2020

Source: www.newsquarechambers.co.uk

False imprisonment: common ground? – No. 5 Chambers

Posted March 24th, 2020 in appeals, chambers articles, compensation, detention, false imprisonment, news, Supreme Court by sally

‘On 12 February 2020 Lady Hale delivered the unanimous judgment of the Supreme Court in R (Jalloh) v Secretary of State for the Home Department [2010] UKSC 4.’

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No. 5 Chambers, 16th March 2020

Source: www.no5.com

McNeil v HMRC- Old Square Chambers

Posted March 24th, 2020 in appeals, chambers articles, employment, employment tribunals, news, sex discrimination, women by sally

‘This case concerned an equal pay claim brought by several women employed by HMRC. The pay system implemented by HMRC in respect of the claimants was one which employees moved through the pay band for their grade, from a fixed minimum up to a fixed maximum, by different amounts each year, without any fixed increments but with the amount of any increase depending on the pay award for the particular year. As a result of the way this system operated, one factor relevant to where an employee was within the band, was length of service: the longer an employee had been employed in the band, the more opportunities s/he would have had to move up towards the maximum.’

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Old Square Chambers, 12th March 2020

Source: www.oldsquare.co.uk

Inducing Breach of Contract: – Reliance on Legal Advice Saves the Day in Court of Appeal – Littleton Chambers

Posted March 24th, 2020 in appeals, chambers articles, contracts, covenants, enforcement, legal services, news by sally

‘In an important decision yesterday (27 February), Allen v Dodd & Co Limited [2020] EWCA Civ 258, the Court of Appeal held that if a person believes their conduct will probably not result in a breach of a contract they will not be liable for inducing a breach even if: (a) they knew there was a risk of breach; and (b) the court subsequently finds such a breach.’

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Littleton Chambers, 28th February 2020

Source: www.littletonchambers.com

Landmark Supreme Court judgment on state obligations under Article 4 ECHR to identify & protect victims of trafficking – Garden Court Chambers

Posted March 24th, 2020 in appeals, chambers articles, human rights, immigration, news, Supreme Court, trafficking in human beings, victims by sally

‘The Supreme Court has issued a landmark judgment regarding the scope of positive obligations of the state under Article 4 ECHR, to identify victims of trafficking and afford them protection, including immigration status, for their safety and recovery.’

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Garden Court Chambers, 18th March 2020

Source: www.gardencourtchambers.co.uk

Kensington Forum Judicial Review Succeeds: High Court Quashes Permission for Tallest Building in Kensington after Mayor Forced to Admit the Decision was Taken for an Improper Purpose – Francis Taylor Building

Posted March 24th, 2020 in appeals, judicial review, local government, London, news, planning by sally

‘On 21 June 2019, the Mayor of London granted planning permission for a significant and controversial development, on land at the Kensington Forum Hotel, 97-109 Cromwell Road, London, SW7 4DN. The scheme, designed by Simpson Haugh, included a 30 storey tower, which would have been the tallest in Kensington, and provided a 749 bed hotel and 402 residential units in South Kensington. However, following a judicial review brought by the Royal Borough of Kensington and Chelsea, the High Court has quashed the planning permission, after the Mayor of London conceded that the decision to grant the permission was motivated by an improper purpose; namely frustrating the Secretary of State for Housing Communities and Local Government.’

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Francis Taylor Building, 16th March 2020

Source: www.ftbchambers.co.uk

Upper Tribunal rules that a British child living with her mother in the UK will not be entitled to Disability Living Allowance if her father is living and working in another EU State – Garden Court Chambers

Posted March 24th, 2020 in benefits, chambers articles, children, disabled persons, EC law, families, news, tribunals by sally

‘In AH v Secretary of State for Work and Pensions [2020] UKUT 53 (AAC), the claimant and her parents are British citizens. The parents separated in 2011 but are not divorced. The father moved to live and work in Belgium. In October 2013, the Claimant (the daughter) claimed Disability Living Allowance (DLA) when she was four years old. The care component was awarded at the middle rate, but the award was later removed when the Department for Work and Pensions (DWP) became aware that the claimant’s father was living and working in Belgium.’

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Garden Court Chambers, March 2020

Source: www.gardencourtchambers.co.uk

Jurors packed into crowded courts: how the government defied coronavirus advice – The Guardian

Posted March 24th, 2020 in coronavirus, courts, health, health & safety, juries, news, trials by sally

‘Trials may now be suspended in England, but forcing people to mix in cramped rooms during a coronavirus crisis was risky at best.’

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The Guardian, 23rd March 2020

Source: www.theguardian.com

SRA will take “pragmatic” approach to breaches during pandemic – Legal Futures

Posted March 24th, 2020 in coronavirus, disciplinary procedures, law firms, news, solicitors, Solicitors Regulation Authority by sally

‘The Solicitors Regulation Authority (SRA) has finally issued guidance to those it regulates on dealing with the coronavirus, stressing it will be “pragmatic” when taking action over rule breaches related to the pandemic.’

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Legal Futures, 24th March 2020

Source: www.legalfutures.co.uk

COVID-19 and family courts: Links in one place to new arrangements – Transparency Project

Posted March 24th, 2020 in children, coronavirus, Court of Protection, education, families, family courts, health, health & safety, news, school children by sally

‘There’s been a flurry of new guidance in response to the pandemic. We’ve gathered some useful links (with key definitions) to help families, advice workers and professionals find and use practical information more easily.’

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Transparency Project, 21st March 2020

Source: www.transparencyproject.org.uk

Can a one-off decision amount to a PCP? Generally not, unless it can be shown that the decision, act or omission relied upon would be the same in a similar situation, says the Court of Appeal in Ishola v Transport for London [2020] EWCA Civ 112 – 3PB

Posted March 24th, 2020 in appeals, chambers articles, employment, employment tribunals, equality, news, unfair dismissal by sally

‘Mr Ishola was employed by the respondent (TfL) as a customer services administrator. He was at all material times a disabled person suffering with depression and migraines. He raised a grievance about the conduct of a colleague in April 2015 which was not upheld, shortly after which he went on long-term sick leave. The sickness absence was managed by the respondent through a process of referrals to occupational health doctors and management review meetings. Ms Bhaimia was appointed as the “People Management Adviser” (or PMA) responsible for dealing with the claimant. The task of managing his absence on sick leave was given to Mr Walters.’

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3PB, 2nd March 2020

Source: www.3pb.co.uk

Inquest concludes into death of IPP prisoner Charlotte Nokes seven years over original tariff – Garden Court Chambers

Posted March 24th, 2020 in chambers articles, death in custody, inquests, news, sentencing, standards by sally

‘The inquest into the death of Charlotte Nokes has concluded with the jury finding her death was by ‘natural causes’. Charlotte was 38 when she was found dead in her cell in HMP Peterborough on the morning of 23 July 2016. She was serving an indefinite Imprisonment for Public Protection (IPP) sentence and was over seven years over the minimum tariff when she died.’

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Garden Court Chambers, 4th March 2020

Source: www.gardencourtchambers.co.uk

A new code of audit practice – Law Society’s Gazette

Posted March 24th, 2020 in auditors, codes of practice, local government, news by sally

‘‘Whan that Aprill, with his shoures soote/ The droghte of March hath perced to the roote’. So, in 1387, opened the prologue to Canterbury Tales. But if April inspired Chaucer’s characters to begin their famous pilgrimage, local authority lawyers and auditors will soon also find a new spring in their steps. For on 1 April 2020 there will be a new Code of Audit Practice.’

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Law Society's Gazette, 23rd March 2020

Source: www.lawgazette.co.uk

Emergency legislation on possession claims – Nearly Legal

Posted March 24th, 2020 in bills, coronavirus, emergency powers, government departments, housing, landlord & tenant, news, parliament, repossession by sally

‘I’ve seen the draft amendments to the Coronavirus Bill on housing possession. A word of caution, this was a draft from 22 March, not the actual amends due to be put forward today 23 March. I was waiting for those to be made public to check, but that has not happened as of 6 pm. There may have been some changes, but my understanding is it was going ahead as per the draft.’

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Nearly Legal, 23rd March 2020

Source: nearlylegal.co.uk

Legal aid fraud trial stopped as barristers self-isolate – Legal Futures

Posted March 24th, 2020 in barristers, coronavirus, delay, fraud, health, legal aid, live link evidence, news, solicitors by sally

‘The trial of nine lawyers over an alleged plot to scam £11m from the legal aid system was abandoned last Friday after several counsel withdrew to self-isolate.’

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Legal Futures, 24th March 2020

Source: www.legalfutures.co.uk

How far do the government’s new emergency powers go? – The Guardian

Posted March 24th, 2020 in bills, coronavirus, detention, emergency powers, freedom of movement, government departments, news, parliament by sally

‘A new government bill that brings sweeping new powers to shut down mass gatherings, potentially detain people with coronavirus symptoms and weaken the social care safety net is being rushed through parliament. The Guardian’s Peter Walker explains what is at stake.’

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The Guardian, 24th March 2020

Source: www.theguardian.com

Agriculture Bill: “The chickens will win every time” – UK Human Rights Blog

Posted March 24th, 2020 in agriculture, bills, climate change, environmental protection, news, standards by sally

‘Good news from the crisis front, although I’m afraid not the one we’re all thinking of: the government’s Agriculture Bill, which sets out its major post-Brexit agricultural policy, has recently passed committee stage and will soon (coronavirus permitting) be presented to the House of Lords. It shows ambition from the government to develop a post-Brexit agriculture policy with laudable commitments to harnessing the power of farmers to help address the climate crisis, and helps to address issues such as food security. Along with the Environment Bill, discussed here, it constitutes some of the core legislation aimed at achieving the government’s Net Zero by 2050 goal.’

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UK Human Rights Blog, 23rd March 2020

Source: ukhumanrightsblog.com

UK has multiple social rights failings, finds Council of Europe – The Guardian

Posted March 24th, 2020 in human rights, news, reports, standards by sally

‘The UK’s low age of criminal responsibility, minimum pay rates for young teenagers and the failure to outlaw all forms of corporal punishment breach Council of Europe standards for social rights, according to its latest report.’

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The Guardian, 24th March 2020

Source: www.theguardian.com

Alex Davies stabbing: Teen guilty of Grindr date murder – BBC News

Posted March 24th, 2020 in internet, murder, news, young offenders by sally

‘A teenager has been convicted of the murder of a sales assistant who he stabbed more than 100 times and left in a remote woodland location.’

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BBC News, 23rd March 2020

Source: www.bbc.co.uk

Coronavirus: Union To Sue Government Over ‘Failure To Protect Precarious Workers’ – Each Other

Posted March 23rd, 2020 in contract of employment, coronavirus, employment, equality, government departments, news, remuneration, sick leave, trade unions by sally

‘The UK government is facing a legal challenge over claims it is failing to protect the wages and jobs of millions of workers amid the coronavirus pandemic.’

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Each Other, 23rd March 2020

Source: eachother.org.uk