‘Islam Khan discusses a recent Court Of Appeal case in an immigration matter shifting the test on proportionality on Human Rights cases.’
Church Court Chambers, 3rd December 2019
Source: churchcourtchambers.co.uk
‘The Supreme Court has allowed the appeal in Royal Mail Group Ltd -v- Jhuti [2019] UKSC 55 and has held unanimously that when deciding what was the reason for dismissal in unfair dismissal, it may not be enough simply to consider what was subjectively in the mind of the decision-maker. In a unanimous decision delivered by Lord Wilson (Lady Hale (President), Lord Carnwath, Lord Hodge and Lady Arden concurring) the Supreme Court has held that where the real reason is hidden from the decision-maker behind an invented reason, the court must penetrate through the invention and decide upon the basis of the real reason [paragraphs 60-62 of the Judgment]. ‘
Littleton Chambers, 27th November 2019
Source: www.littletonchambers.com
‘Once again, the Home Office has been busy. Having brought in a comprehensive package of regulations, most notably in 2008 and 2012, it now proposes to make further sweeping changes to the way that misconduct and performance procedures are handled. Although the differences in the new regulations will reflect some of the amendments brought into force in 2014, 2015 and 2017, there are also a number of key concepts introduced for the first time.’
No. 5 Chambers, 4th December 2019
Source: www.no5.com
‘The Claimant was employed as a Senior Legal Counsel by Shell until his dismissal, allegedly for redundancy, in January 2017. Whilst employed by Shell, he submitted a grievance and commenced an employment tribunal claim (“the First Claim”) for disability discrimination. In March 2017, he commenced a second ET claim (“the Second Claim). In broad terms, he alleged that Shell relied on a planned re-organisation of its in-house legal department as a pretext by which to terminate his employment by way of redundancy such that his dismissal was unfair, and that this was also unlawful discrimination and victimisation as a result of the First Claim and his grievance.’
3PB, 4th November 2019
Source: www.3pb.co.uk
‘Articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’
Spire Barristers, 2nd December 2019
Source: spirebarristers.co.uk
‘In April 2019, the FCA (Financial Conduct Authority) became the new regulator of Claims Management businesses (CMCs). At the same time, the Financial Ombudsman Service became responsible for resolving customer disputes about CMSs. In June 2018, the FCA issued a consultation paper (CP 18/15) which proposed a new Claims Management: Conduct of Business Sourcebook [CMCOB] and to apply relevant parts of the existing FCA Handbook.’
St Pauls Chambers, 28th November 2019
Source: www.stpaulschambers.com
‘This case has important ramifications in the electronic communications sector. It settles a narrow but important point—if an operator thinks a site is suitable but is not sure, can it survey the site and gain access for that purpose? The Court of Appeal determined that such a right was part and parcel of Code right 3(d), which grants a right to undertake ‘works’ which are ‘in connection with’ installation and other specified matters. The Court of Appeal held that an inspection (called a multi-skilled visit, or MSV, in the jargon) constituted ‘works’, and that it was ‘in connection with’ installation where its purpose was to determine finally whether installation should occur. Of wider importance is the fact that the Court of Appeal rejected the suggestion that a claim for rights on an interim basis under para 26 had to be accompanied by a claim for rights on a final basis under para 20. Unlike para 27, which links temporary rights with final rights, there is no such linkage in para 26. This frees up parties to make para 26 agreements and seek tribunal approval if they wish to enter into short-term agreements without automatic security of tenure under Part V of the Code, an option which is of great advantage to both operators and site providers.’
Falcon Chambers, 28th November 2019
Source: www.falcon-chambers.com
‘The Winter edition of 39 Essex Chambers’ Education Newsletter is now available.’
39 Essex Chambers, November 2019
Source: www.39essex.com
‘On Nov 11, 2019, the Conservative Party announced rather unclear plans to take legal steps to ensure that inquest juries in Northern Ireland could not return verdicts of unlawful killing in relation to actions by UK soldiers (and presumably other state agents such as the RUC police) in operations during The Troubles. The plans also apparently include barring prosecutions for any alleged unlawful acts during such operations during The Troubles (there is no statute of limitations on serious criminal offences in the UK so this would be an entirely novel step).’
Red Lion Chambers, 14th November 2019
Source: www.redlionchambers.co.uk
‘This year marks the centenary of the Sex Disqualification (Removal) Act 1919. This ground breaking Act of Parliament, which became law on 23 December 1919, allowed women to become Solicitors, Barristers, Magistrates and Jurors for the first time. The Act begins with the defining words “a person shall not be disqualified by sex or marriage from the exercise of any public function”. A sentiment which we take for granted nowadays but the first female jurors in England were sworn in on 29th July 1920. In the last 100 years, the legal profession has made progress in the pursuit of equality: the UK’s first female Prime Minister began her career studying for the Bar and our beloved first female President of the Supreme Court, Lady Hale has made her mark and taken every opportunity to develop equality within our legal system.’
Pump Court Chambers, 29th November 2019
Source: www.pumpcourtchambers.com
‘At the age of 10, England and Wales have the lowest minimum age of criminal responsibility (MACR) in the EU. It means that from the penultimate year of primary school, children can stand trial in an adult criminal court.’
25 Bedford Row, 4th December 2019
Source: www.25bedfordrow.com
‘The past couple of weeks have seen a major ruckus run through the world of Rugby Union, raising questions about the financial aspects of the game and how to ensure fair competition.’
Blackstone Chambers, 2nd December 2019
Source: www.sportslawbulletin.org
‘The High Court has given an important decision on governmental powers to supplement statutory procedures with non-statutory guidance and directions.’
Blackstone Chambers, 3rd December 2019
Source: www.blackstonechambers.com
‘The regime for registered pension schemes, which was first established with effect from A-Day (6 April 2006), is renowned for a number of things. One of those things is the expansion of the categories of person who can establish a pension scheme. However, as a recent case shows, the legislation contains anomalies.’
Wilberforce Chambers, 24th November 2019
Source: www.wilberforce.co.uk
‘Recently I have been involved in some cases where an abusive father has been referred to the DAPP (or the Domestic Violence Perpetrator Programme, as it used to be known). This can surely be an important feature in the programme of potential progress for a family where a father has been found to pose the sort of risk envisaged by paragraphs 32 – 37 of PD 12J.’
Park Square Barristers, 4th December 2019
Source: www.parksquarebarristers.co.uk
‘‘I’d like a sibling assessment too, please’ are words usually accompanied by a roll of the eyes as the already stretched social work team tots up the extra work involved. On the extensive list of parenting assessments, viability and kinship assessments, expert assessment and so forth, the sibling assessment is often the bottom of the priorities.’
Parklane Plowden Chambers, 2nd December 2019
Source: www.parklaneplowden.co.uk
‘What happens when an applicant for leave to remain in the UK as the partner of a British or settled person does not meet all of the requirements of the immigration rules? They may still be able to acquire leave to remain on the basis of their right to private and family life under Article 8 of the European Convention on Human Rights. This will be possible if they are able to show that they would face ‘insurmountable obstacles to family life continuing outside the UK with that partner’ as outlined in EX.1.(b) of the Immigration Rules.’
Richmond Chambers, 29th November 2019
Source: immigrationbarrister.co.uk
‘The Respondent (“R”) provides mental health services including a secure, residential unit for men who are the subject of a treatment order under s3 Mental Health Act 1987.’
3PB, 4th November 2019
Source: www.3pb.co.uk
© Inner Temple Library 2025