Post Office settles mammoth group action – Law Society’s Gazette

Posted December 11th, 2019 in class actions, dispute resolution, news, postal service by sally

‘TThe epic Bates v Post Office group litigation, which has dragged on for over three years, has been settled, the parties announced today with the Post Office admitting “we got things wrong in our dealings with a number of postmasters”. The surprise announcement was made days before judgment in the so-called the “Horizon trial” – the second trial in the class action – was due to be delivered.’

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Law Society's Gazette, 11th December 2019

Source: www.lawgazette.co.uk

Care home owner John Allen guilty of child sex abuse – BBC News

Posted December 11th, 2019 in abuse of position of trust, care homes, child abuse, children, news, sexual offences by sally

‘A former care home owner, already serving a life sentence for child sex abuse, has been found guilty of more historical offences against boys.’

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BBC News, 10th December 2019

Source: www.bbc.co.uk

Coroner warns theme parks to act on ride danger after girl’s death – The Guardian

Posted December 11th, 2019 in accidents, causing death of children or vulnerable adults, children, coroners, health & safety, inquests, news by sally

‘A coroner has warned theme park operators about the risk of future deaths unless they address safety concerns over water rides, after an inquest into the drowning of an 11-year-old girl.’

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The Guardian, 10th December 2019

Source: www.theguardian.com

Paedophile drug user was hired by NHS trust after being sacked by government press office – The Independent

Posted December 11th, 2019 in child abuse, drug abuse, employment, hospitals, indecent photographs of children, news, sentencing, sexual offences by sally

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The Independent, 10th November 2019

Source: www.independent.co.uk

Met officer in child abuse video case faces fast-track dismissal – The Guardian

Posted December 11th, 2019 in appeals, child abuse, children, disciplinary procedures, indecent photographs of children, news, police, professional conduct, sexual offences, video recordings by sally

‘A decorated senior Metropolitan police officer controversially convicted of possessing a child abuse video is facing a fast-track dismissal from the force, the Guardian has learned.’

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The Guardian, 10th December 2019

Source: www.theguardian.com

Nicknames including “popsicle” banned on gravestones at Church of England church – Daily Telegraph

Posted December 11th, 2019 in burials and cremation, Church of England, ecclesiastical law, families, names, news by sally

‘Nicknames on gravestones are not to be allowed, a Church of England court has declared as it bans the use of “popsicle” on a church’s headstones.’

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Daily Telegraph, 10th November 2019

Source: www.telegraph.co.uk

GP faces jail for sexual offences against 23 women and girls – The Guardian

Posted December 11th, 2019 in abuse of position of trust, cancer, doctors, news, professional conduct, sexual offences by sally

‘A GP is facing jail after molesting 23 female patients whom he persuaded to have unnecessary examinations.’

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The Guardian, 10th December 2019

Source: www.theguardian.com

Helen McCourt: Release of killer Ian Simms to be reviewed – BBC News

Posted December 11th, 2019 in bereavement, bills, early release, families, murder, news, parole, victims by sally

‘A decision to sanction the release of the man who murdered Helen McCourt is to be reviewed by the parole board.’

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BBC News, 10th December 2019

Source: www.bbc.co.uk

BOA issue ‘full and robust response’ to athletes over sponsorship rights legal challenge – The Independent

Posted December 11th, 2019 in advertising, news, restraint of trade, sport by sally

‘The British Olympic Association [BOA] says it has “formally responded” to a legal challenge over sponsorship rights brought by a group of its own athletes that could cast a shadow over its preparations for next year’s Tokyo Games.’

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The Independent, 11th December 2019

Source: www.independent.co.uk

Civil Partnerships – A new inequality created by the correction of an old one? – 5SAH

Posted December 10th, 2019 in civil partnerships, equality, human rights, marriage, news, sexual orientation discrimination by sally

‘Civil partnerships are now to be open to all but the solution of that problem has led to another – while same-sex couples can convert a civil partnership to a marriage, there is no provision for opposite-sex couples to do the same.’

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5SAH, 9th December 2019

Source: www.5sah.co.uk

Adverse Inferences Drawn From Failure to Adduce Noise Surveys: Brian MacKenzie v Alcoa Manufacturing (GB) Ltd [2019] EWCA Civ 2110 – Parklane Plowden Chambers

Posted December 10th, 2019 in causation, evidence, industrial injuries, news, noise by sally

‘The Claimant brought a claim for noise induced hearing loss (“NIHL”) which he alleged was caused by exposure to excessive levels of noise in the course of his employment with the First Defendant at the Second Defendant’s premises at various times between 1963 -1976. ‘

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Parklane Plowden Chambers, 5th December 2019

Source: www.parklaneplowden.co.uk

Does a Limb B) worker qualify as an employee for purposes of TUPE? – Littleton Chambers

Posted December 10th, 2019 in contracts, news, statutory interpretation, transfer of undertakings by sally

‘The Claimants were cycle couriers who provided services to City Sprint in relation to City Sprint’s contract with HCA Healthcare. City Sprint lost this contract to Ecourier.’

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Littleton Chambers, 9th December 2019

Source: www.littletonchambers.com

Out-of-hours Administration Appointments: The SAGA continues – Guildhall Chambers

Posted December 10th, 2019 in administrators, insolvency, news, notification, service by sally

‘It is now more than 17 years since the Enterprise Act 2002 was enacted with the laudable aim of streamlining the administration procedure, resulting in the introduction of the out-of-court administration regime set out in Schedule B1 to the Insolvency Act 1986 (“the Act”).’

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Guildhall Chambers, 2nd December 2019

Source: www.guildhallchambers.co.uk

No oral modification clauses after Rock Advertising: Some property law difficulties – Wilberforce Chambers

Posted December 10th, 2019 in contracts, drafting, estoppel, news by sally

‘“No Oral Modification” clauses (“NOMs”) are regularly found in the boilerplate clauses towards the back of contracts. They are designed, and included, to try to impose some formality on future changes to the contractual arrangement between the parties. But does this work, and, if so, how? The conceptual difficulty with such clauses has been around for centuries.’

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Wilberforce Chambers, 5th December 2019

Source: www.wilberforce.co.uk

Account freezing orders: at what cost? – Doughty Street Chambers

Posted December 10th, 2019 in banking, forfeiture, news, proceeds of crime by sally

‘Last week, the National Crime Agency deployed account freezing orders to secure £190 million held in the UK. Malik Riaz, a property developer and one of the biggest employers in Pakistan, reportedly agreed to pay £190 million in order to conclude an investigation into the funds[1]. The agreement followed the obtaining, in August 2019, of eight account freezing orders at Westminster City Magistrates’ Court in connection with funds held in the UK totalling around £120 million (the final settlement includes a UK property valued at £50 million). The assets are to be returned to the State of Pakistan.’

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Doughty Street Chambers, 10th December 2019

Source: insights.doughtystreet.co.uk

s.103A and concealed reasons; Royal Mail v. Jhuti [2019] UKSC 55 – Parklane Plowden Chambers

Posted December 10th, 2019 in disciplinary procedures, employment tribunals, news, reasons, Supreme Court, unfair dismissal, whistleblowers by sally

‘The Supreme Court has confirmed that a Tribunal may find that the reason for the dismissal is something other than that given to the employee by the decision-maker – even where that reason is genuinely held by the decision maker; Royal Mail Group Ltd v. Jhuti [2019] UKSC 55 (“Jhuti”).’

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Parklane Plowden, 9th December 2019

Source: www.parklaneplowden.co.uk

Automatic Unfair Dismissal: Can the reason for the dismissal be other than that given to the employee by the decision-maker? – Pallant Chambers

Posted December 10th, 2019 in disciplinary procedures, employment tribunals, news, reasons, Supreme Court, unfair dismissal, whistleblowers by sally

‘The question for the Supreme Court in Royal Mail Group Limited v Jhuti [2019] UKSC 55 was whether in a claim for unfair dismissal can the reason for the dismissal be other than that given to the employee by the decision-maker?’

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Pallant Chambers, 5th December 2019

Source: www.pallantchambers.co.uk

Extradition and International update: December 2019 – 5SAH

Posted December 10th, 2019 in EC law, extradition, news, transfer of prisoners, warrants by sally

‘The newsletter features the following articles:

Natasha Draycott:Transfer of sentence from the UK;
Gemma Rose: Provides a case law update on the Public Prosecutor – A ‘judicial authority’?
Louisa Collins: Westminster Rejects Extradition to Nigeria.
Ben Keith & Louisa Collins: 5SAH EXTRADITION: An Introduction for Chambers and Partners.’

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5SAH, December 2019

Source: 5sah.cmail19.com

Section 4 Inheritance (Provision for Family and Dependants) Act 1975: Standstill Agreements – Becket Chambers

Posted December 10th, 2019 in news, stay of proceedings, time limits, trusts, wills by sally

‘Earlier this year the conflicting authorities of Bhusate v Patel [2019] EWHC 470 (Ch) and Cowan v Foreman and others [2019] EWHC 349 (Fam) cast doubt on the use of standstill agreements in respect of claims intended to be brought under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”). Following the determination of the appeal in the latter case that uncertainty has to a large extent been resolved.’

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Becket Chambers, 4th December 2019

Source: becket-chambers.co.uk

Home office admits unlawful detention of mentally ill man – Garden Court Chambers

Posted December 10th, 2019 in compensation, detention, immigration, mental health, news, post-traumatic stress disorder, time limits by sally

‘The Home Office has yet again had to concede a legal challenge to the lawfulness of prolonged immigration detention of a mentally ill and highly vulnerable man by agreeing to regularise his status and pay £100,000 in compensation in a settlement agreed by the High Court today in a test case.’

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Garden Court Chambers, 5th December 2019

Source: www.gardencourtchambers.co.uk