Joseph Hudson discusses Leeds United’s Kiko Casilla’s recent FA disciplinary charge – Park Square Barristers

Posted November 7th, 2019 in disciplinary procedures, news, professional conduct, racism, sport by sally

‘LUFC goalkeeper Kiko Casilla is alleged to have racially abused Charlton Athletic forward Jonathan Leko during the Championship match between Charlton and Leeds on 28 September 2019.’

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Park Square Barristers, 6th November 2019

Source: www.parksquarebarristers.co.uk

John Bowers QC’s Employment Law Blog: November – Littleton Chambers

Posted November 7th, 2019 in appeals, employment, employment tribunals, news, trade unions by sally

‘S145B of the Trade Union and Labour Relations Consolidation Act 1992 (“the 1992 Act”) is an under explored provision which has only just received the attention of the Court of Appeal, and has only once been considered by the EAT. It is important because some 26.3% of UK workers remain subject to collective bargaining but many employers seek every year to decouple from collective agreements in one form or another wholly or in part to buttress the managerial prerogative.’

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Littleton Chambers, 4th November 2019

Source: www.littletonchambers.com

BAILII: Recent Decisions

Posted November 7th, 2019 in law reports by sally

High Court (Administrative Court)

Patel, R (On the Application Of) v Dacorum Borough Council [2019] EWHC 2992 (Admin) (07 November 2019)

Source: www.bailii.org

CVAs after the Debenhams decision – Falcon Chambers

Posted November 7th, 2019 in company law, debts, insolvency, landlord & tenant, news by sally

‘In May 2019, the requisite majority of the creditors of Debenhams Retail Ltd voted in favour of a company voluntary arrangement (“CVA”) proposed pursuant to s.1 of the Insolvency Act 1986. As has become common, the scheme of arrangement proposed by the CVA only affected the rights of landlords and rating authorities. All other creditors were to be paid in full.’

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Falcon Chambers, 31st October 2019

Source: www.falcon-chambers.com

Upper Tribunal roundup (The Very Late Summer 2019 edition) – Nearly Legal

Posted November 7th, 2019 in costs, housing, landlord & tenant, leases, news, service charges, tribunals by sally

‘There have been a fair few recent (and perhaps no-so-recent) decisions from the Upper Tribunal (Lands Chamber) on leasehold matters, so it’s time for a bit of a round up.’

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Nearly Legal, 5th November 2019

Source: nearlylegal.co.uk

Discrimination in ‘one succession’ for secure tenancies – Nearly Legal

‘Simawi v London Borough of Haringey (2019) EWCA Civ 1770. We saw this case in the High Court – our report here – now this is the court of appeal judgment on Mr S’ appeal, seeking a finding that there was discriminatory treatment in the Housing Act 1985 succession rules between a person who became a sole tenant on the death of a former tenant as opposed to a person who became a sole tenant upon judicial assignment of the tenancy in a divorce (pre Localism Act amendments). In short, survivorship on a joint tenancy, or succession of spouse/partner on death of sole tenant counts as a succession, while an assignment of tenancy by court order under section 24 of the Matrimonial Causes Act 1973 on divorce does not. Mr S was the child of a spouse who succeeded by survivorship.’

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Nearly Legal, 3rd November 2019

Source: nearlylegal.co.uk

Law on hyperlinking clarified by High Court – OUT-LAW.com

Posted November 7th, 2019 in copyright, EC law, intellectual property, internet, news by sally

‘The application of copyright law to hyperlinking has been clarified by the High Court in London in a judgment that will be welcomed by rights holders, an intellectual property law expert has said.’

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OUT-LAW.com, 6th November 2019

Source: www.pinsentmasons.com

Children Act 1989 and a child’s rights thirty years later – UK Human Rights Blog

Posted November 7th, 2019 in children, human rights, news by sally

‘The Children Act 1989 (CA 1989) received Royal Assent on 23 November 1989 (30 years ago); and it was in force from October 1991. It was a major reform of children law which required everyone – parents, children (when of “understanding”), judges, social workers, health professionals and lawyers – to learn a new set of legal concepts and attitudes. But what about children’s rights? And what has happened to the law’s regard for those rights since 1989?’

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UK Human Rights Blog, 6th November 2019

Source: ukhumanrightsblog.com

Purdah – 11 KBW

Posted November 7th, 2019 in codes of practice, elections, news, parliament by sally

‘“Purdah” is upon us. It lasts until 12 December 2019, only shortly before the Christmas/New Year break. It is as well to recall a case noted in this Bulletin on 11 May 2017, the decision of Garnham J in relation to the last General Election, on 8 June 2017, announced on 18 April 2017, and local government elections which were to take place on 4 May 2017, R (Client Earth) v SoS for Environment etc (2017) EWHC 1618 (Admin). The main point that the Judge made was that “purdah” is not a rule of law, and that it does not, and did not in that case, override obligations to comply with statutory duties.’

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11 KBW, 7th November 2019

Source: www.11kbw.com

Government consults on new police powers to criminalise unauthorised encampments – Home Office

‘The government will launch a consultation on proposals to give police new powers to arrest and seize the property and vehicles of trespassers who set up unauthorised caravan sites.’

Full press release

Home Office, 3rd November 2019

Source: www.gov.uk/home-office

BBC Radio 4 – Law in Action: ‘Magistracy: a jewel in the crown of justice’ – Courts and Tribunals Judiciary

Posted November 7th, 2019 in cross-examination, Crown Court, magistrates, press releases, witnesses by sally

‘Joshua Rozenberg from BBC Radio 4 spoke with Maidstone Bench Chair Gill Fryzer and John Bache from the Magistrates Association for his Law in Action programme.’

Full press release

Courts and Tribunals Judiciary, 7th November 2019

Source: www.judiciary.ukwww.judiciary.ukwww.judiciary.uk

Speech by Mrs Justice Carr DBE: Women in Commercial Law – Courts and Tribunals Judiciary

‘Speech by Mrs Justice Carr DBE: Women in Commercial Law.’

Full speechFull speechFull speech

Courts and Tribunals Judiciary, 6th November 2019

Source: www.judiciary.uk

Lump sum damages approved after judge finds lack of earnings evidence – Law Society’s Gazette

Posted November 7th, 2019 in appeals, compensation, damages, employment, evidence, news, personal injuries, remuneration by sally

‘The Court of Appeal has upheld a judge’s decision to award lump sum damages on the basis of a lack of evidence about future earnings.’

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Law Society's Gazette, 7th November 2019

Source: www.lawgazette.co.uk

Paedophile hunters responsible for more than half of grooming prosecutions – Daily Telegraph

‘Police chiefs have accused vigilante paedophile hunters of exceeding the law, despite using their evidence to prosecute suspects in more than half of all cases.’

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Daily Telegraph, 6th November 2019

Source: www.telegraph.co.uk

Public inquiry launched into abuse at Brook House immigration detention centre – The Independent

Posted November 7th, 2019 in detention, immigration, inquiries, news, ombudsmen, police, professional conduct, standards by sally

‘A public inquiry has been launched into allegations of abuse at the Brook House immigration detention centre.’

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The Independent, 6th November 2019

Source: www.independent.co.uk

Mixed race soldier sues MoD for £100,000 amid claims colleagues put up ‘racist’ posters at army base and nicknamed him Apu, High Court hears – Daily Telegraph

‘A mixed race soldier is suing the MoD for £100,000 amid claims he was bullied after colleagues put up “racist” posters at an army base and nicknamed him Apu, the High Court has heard.’

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Daily Telegraph, 6th November 2019

Source: www.telegraph.co.uk

Bail changes to be reviewed after suspected rapists, murders and paedophiles released without restrictions – The Independent

‘Bail changes made by the Conservative government are being reviewed after the release of thousands of suspected violent criminals, paedophiles and rapists.’

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The Independent, 6th November 2019

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 6th, 2019 in legislation by sally

The Water Abstraction (Transitional Provisions) (Amendment) (England) Regulations 2019

The Agricultural Holdings (Units of Production) (England) (No. 2) Order 2019

The Local Government Pension Scheme (Amendment) Regulations 2019

The Wireless Telegraphy (Mobile Repeater) (Exemption) (Amendment) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 6th, 2019 in law reports by sally

Court of Appeal (Civil Division)

Irani v Duchon [2019] EWCA Civ 1846 (06 November 2019)

Finney v Welsh Ministers & Ors [2019] EWCA Civ 1868 (05 November 2019)

High Court (Administrative Court)

Taylor & Anor v The Prosecutor General’s Office of Florence [2019] EWHC 2938 (Admin) (06 November 2019)

Chesterfield Poultry Ltd v Sheffield Magistrates Court [2019] EWHC 2953 (Admin) (06 November 2019)

Wyatt v Government of United States of America [2019] EWHC 2978 (Admin) (06 November 2019)

Jones & Ors v The Commissioner of Police for the Metropolis [2019] EWHC 2957 (Admin) (06 November 2019)

Anand & Anor v Royal Borough of Kensington And Chelsea [2019] EWHC 2964 (Admin) (06 November 2019)

High Court (Queen’s Bench Division)

Abdulrazaq v Hassan [2019] EWHC 2930 (QB) (05 November 2019)

Source: www.bailii.org

Aldred v Cham – 4 New Square

Posted November 6th, 2019 in civil procedure rules, costs, fees, news, personal injuries, road traffic by sally

‘In Aldred v Cham [2019] EWCA Civ 1780 the Court of Appeal (Lord Justices McCombe and Coulson and Lady Justice Nicola Davies) considered whether the cost of counsel’s advice relating to the proposed settlement of an RTA claim was a claim for a disbursement which should be allowed in addition to the fixed recoverable costs (“FRC”) provided for under CPR 45.29C and Table 6B because it was “reasonably incurred due to a particular feature of the dispute”. This case has provided welcome clarity in a previously much disputed area.’

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4 New Square, 29th October 2019

Source: www.4newsquare.com