Weightmans entitled to fire worker over internet browsing, tribunal rules – Law Society’s Gazette

‘National firm Weightmans acted within the law to sack a long-serving staff member over her internet usage whilst at work, an employment tribunal has found.’

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Law Society's Gazette, 17th January 2020

Source: www.lawgazette.co.uk

Teenager who threatened suicide on road prosecuted for third time – The Guardian

‘A teenager with long-term mental health problems has been prosecuted three times in the last nine months after threatening suicide near busy roads.’

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The Guardian, 16th January 2020

Source: www.theguardian.com

Uber driver banned after passengers hold ladder out of window – BBC News

‘An Uber driver caught on camera carrying passengers holding a ladder out of the window of his car has had his licence suspended.’

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BBC News, 16th January 2020

Source: www.bbc.co.uk

London council’s special needs inquiry caused by ‘systemic failures’ – BBC News

‘At least 5,000 children seeking special educational needs support (Send) are to have their cases reviewed after a London council landed a stinging rebuke from the local government ombudsman. Concerns about “systemic failures” in Richmond’s Send department prompted the watchdog to take the highly unusual step of ordering the full-scale audit.’

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BBC News, 17th January 2020

Source: www.bbc.co.uk

British government condemned for offering to repatriate children from Syrian Isis camp but not their mother – The Independent

Posted January 17th, 2020 in children, citizenship, families, government departments, human rights, news, terrorism by sally

‘Human rights campaigners have condemned the British government for reportedly agreeing to repatriate children from Syrian camps on the condition they are separated from their mother.’

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The Independent, 16th January 2020

Source: www.independent.co.uk

Case of the Cat groomer: Chelsea Flower show winner taken to court by neighbours after she ‘adopted’ their cat – Daily Telegraph

Posted January 17th, 2020 in animals, injunctions, news by sally

‘A Chelsea Flower Show winner was taken to court by her neighbours after being accused of adopting their pet cat by changing its collar, taking it to the vets and letting it into her house.’

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Daily Telegraph, 16th January 2020

Source: www.telegraph.co.uk

Backlash against Sarah’s Law NDAs: Woman who discovered paedophile neighbour taken to court after being accused of telling neighbours – Daily Telegraph

‘Charities have sparked a backlash over the use of NDAs linked to “Sarah’s Law” after a woman who outed her paedophile neighbour was taken to court for revealing his crimes.’

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Daily Telegraph, 17th January 2020

Source: www.telegraph.co.uk

Scores of tower blocks with Grenfell-style cladding have no plan in place to remove it, figures show – The Independent

‘Two and a half years on from fatal Kensington blaze, more than 21,000 households still living in flats wrapped in flammable cladding that allowed fire to rapidly spread’

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The Independent, 16th January 2020

Source: www.independent.co.uk

Dog walker in Sutton Coldfield faces missing pets prosecution – BBC News

Posted January 17th, 2020 in animals, dogs, licensing, news by sally

‘A dog walker accused of losing several pets in her care is to be prosecuted for animal welfare offences.’

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BBC News, 16th January 2020

Source: www.bbc.co.uk

Human rights court dismisses MI6 informant Wang Yam’s appeal – The Guardian

Posted January 17th, 2020 in appeals, closed material, health & safety, intelligence services, murder, news by sally

‘The European court of human rights has dismissed the appeal by the former Chinese dissident and MI6 informant Wang Yam that he had not had a fair trial because his defence evidence was held in secret on grounds of national security.’

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The Guardian, 16th January 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted January 16th, 2020 in legislation by sally

The Administration of Estates Act 1925 (Fixed Net Sum) Order 2020

The Criminal Procedure (Amendment) Rules 2020

The Individual Savings Account (Amendment) Regulations 2020

The Child Trust Funds (Amendment) Regulations 2020

The Homes and Communities Agency (Transfer of Property etc.) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 16th, 2020 in law reports by sally

High Court (Administrative Court)

Osman, R (On the Application Of) v Secretary of State for the Home Department [2020] EWHC 47 (Admin) (16 January 2020)

Samuel,R (On the Application Of) v Secretary of State for Justice [2020] EWHC 42 (Admin) (16 January 2020)

Thorpe Hall Leisure Ltd v Secretary of State for Housing, Communities And Local Government & Anor [2020] EWHC 44 (Admin) (15 January 2020)

High Court (Chancery Division)

Wheat v Google LLC [2020] EWHC 27 (Ch) (15 January 2020)

Musst Holdings v Astra Asset Management UK & Anor [2020] EWHC 22 (Ch) (15 January 2020)

High Court (Commercial Court)

Trans-Oil International SA v (Savoy Trading LP & Anor [2020] EWHC 57 (Comm) (16 January 2020)

Saab & Anor v Dangate Consulting Ltd & Ors [2020] EWHC 48 (Comm) (15 January 2020)

High Court (Queen’s Bench Division)

Wright v Granath [2020] EWHC 51 (QB) (16 January 2020)

Source: www.bailii.org

High Court judge rejects argument by council that unincorporated association did not have capacity to challenge site allocations plan- Local Government Lawyer

Posted January 16th, 2020 in judicial review, news, planning, unincorporated associations by sally

‘An unincorporated association does have capacity to bring both a judicial review and a statutory challenge, a High Court judge has ruled.’

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Local Government Lawyer, 15th January 2020

Source: www.localgovernmentlawyer.co.uk

Terminating leases for repudiatory breach – Wilberforce Chambers

Posted January 16th, 2020 in contracts, damages, landlord & tenant, leases, news by sally

‘A repudiatory breach of a contract (or a renunciation) can be a powerful weapon in the hands of the innocent party to the contract – it gives them a choice:
– Affirm the contract – keep it ongoing, sue for specific performance of whatever contractual obligation the other party has breached, and/or claim damages suffered as a result of the breach; or
– Accept the repudiation – bring the contract to an end, discharging both parties from further performance, and claim damages for loss occasioned by the termination.’

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Wilberforce Chambers, 8th January 2020

Source: www.wilberforce.co.uk

The right to manage – when procedural slips are non-fatal (Lexham House RTM Company Ltd v European Investments & Development (Properties) Ltd) – Falcon Chambers

Posted January 16th, 2020 in landlord & tenant, leases, news, notification by sally

‘The case demonstrates that a right-to-manage (RTM) company’s failure to serve a claim notice on a landlord of part of the premises will not amount to non-compliance with CLRA 2002, s 79(6) capable of invalidating the notice where, for all practical purposes, that landlord will not be affected by the RTM company’s assumption of the right to manage.’

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Falcon Chambers, 7th January 2020

Source: www.falcon-chambers.com

Insurance claims – Reservation of rights & Late payment by insurers – Where are we now? – 4 New Square

Posted January 16th, 2020 in damages, delay, insurance, news by sally

‘Knowing when and how an insurer’s rights should be reserved is a key skill for anyone involved in handling insurance claims. Listen to this podcast to hear Alison Padfield QC’s thoughts on this controversial issue, together with an outline of the new legislation on damages for late payment of claims by insurers – and why she thinks the two topics might be linked.’

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4 New Square, 14th January 2020

Source: www.4newsquare.com

One appeal, Two Bakers and Three tries at a fact finding – Transparency Project

Posted January 16th, 2020 in appeals, child abuse, evidence, news, sexual offences by sally

‘In D (Fact-finding appeal) [2019] EWCA Civ 2302 (20 December 2019) Lord Justice Baker gives the lead judgment concerning an appeal from His Honour Judge Baker. The upshot is that, the question of the child’s injuries having been the subject of two attempts at fact finding by His Honour Judge Baker (one a re-hearing in light of fresh evidence), the matter will now have to go back to a fresh judge for a third try. The little girl at the heart of the case is now 5 years old, her injuries were sustained two years ago and, as a consequence of the need to restart the fact finding process, her future will likely remain undecided for some months yet. She has been in foster care for 2 years, as has her brother who is briefly mentioned in the judgment.’

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Transparency Project, 15th January 2020

Source: www.transparencyproject.org.uk

The High Costs of Failure: Pursue the Claim at Your Peril! – Hardwicke Chambers

Posted January 16th, 2020 in costs, indemnities, insurance, news, piracy, ships by sally

‘The First Claimant (“the Owner”) owned a marine vessel damaged by fire at sea. It brought an insurance claim against the Defendants (“the Underwriters”). The Second Claimant, the mortgagee of the vessel (“the Bank”), claimed an indemnity against the Underwriters pursuant to an insurance policy for the constructive total loss of the vessel by piracy.’

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Hardwicke Chambers, 8th January 2020

Source: hardwicke.co.uk

Knife or offensive weapon offences at 10-year high in England and Wales – The Guardian

Posted January 16th, 2020 in news, offensive weapons, sentencing, statistics by sally

‘The number of knife or offensive weapon offences receiving cautions or convictions in England and Wales has hit a 10-year-high.’

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The Guardian, 16th January 2020

Source: www.theguardian.com