‘The case of a City lawyer told that leaving work slightly early to pick up her children was setting a bad example, shows how the profession needs to work on changing the culture of presenteeism, a flexible working specialist has argued.’
Legal Futures, 20th November 2019
Source: www.legalfutures.co.uk
‘The Claimant, DS, is a victim of sexual exploitation and human trafficking. In 2018 the Home Office rejected her claim to have been trafficked. Her lawyers obtained new significant expert evidence in support of her claim and asked the Home Office to reconsider the negative decision. The Home Office refused to consider this request, relying on a policy, which stated that only a First Responder or NRM support provider can make a reconsideration request on behalf of the victim. The Home Office refused to even look at the evidence on this basis. It was only after a court challenge was launched and the Court granted DS permission to proceed with her case to trial that the Home Office agreed to look at her individual decision again, and finally accept that she is a victim of trafficking.’
Garden Court Chambers, 15th November 2019
Source: www.gardencourtchambers.co.uk
‘The High Court recently refused to grant an interim injunction in support of an alleged non-compete covenant, in particular because of the initial approach taken by the employer upon finding out the employees were working for a competitor.’
Blackstone Chambers, 18th November 2019
Source: www.employeecompetition.com
‘Disputes can arise in the commercial, private and family arenas and traditionally have resulted in formal court action for resolution. This can be very expensive, time consuming, emotionally challenging and often conducted in very public forums. The parties can be exposed to substantial costs, negative or harmful publicity, personal stress and a substantial call on their time. The courts have, in reality, relatively limited remedies, usually purely financial and this can restrict the range of outcomes that might more readily reflect the needs and aspirations of the parties involved.’
The 36 Group, 12th November 2019
Source: 36group.co.uk
‘The Court of Appeal has allowed an appeal brought by a great-aunt from care and placement orders made by a judge at the conclusion of proceedings concerning a two-year-old boy, J.’
Local Government Lawyer, 19th November 2019
Source: www.localgovernmentlawyer.co.uk
‘A Metropolitan police chief who was sent an unsolicited video of child sexual abuse via WhatsApp has been convicted of possessing indecent images on her phone.’
The Guardian, 19th November 2019
Source: www.theguardian.com
‘Two law firm partners who made a “secret profit” by opting thousands of flight delay clients into an after-the-event (ATE) insurance policy have been fined a total of £55,000 by the Solicitors Disciplinary Tribunal (SDT).’
Litigation Futures, 20th November 2019
Source: www.litigationfutures.com
‘The Supreme Court will today hand down its eagerly-awaited ruling on the principle of full compensation as part of a negligence claim against solicitors.’
Law Society's Gazette, 20th November 2019
Source: www.lawgazette.co.uk
‘A judge has criticised the way a male police officer interviewed a teenage rape victim, saying it caused “further abuse” for the girl.’
BBC News, 19th November 2019
Source: www.bbc.co.uk
‘A solicitor who practised without insurance has been spared an appearance before a disciplinary tribunal, in part because he was suffering from depression at the time.’
Legal Futures, 20th November 2019
Source: www.legalfutures.co.uk
‘Social media posts referred to police but deemed as non-criminal could still show up on DBS background checks.’
Daily Telegraph, 19th November2019
Source: www.telegraph.co.uk
‘The Court of Appeal has ruled that claimant solicitors should settle for fixed costs in a ruling that could send shivers through the claims sector.’
Law Society's Gazette, 19th November 2019
Source: www.lawgazette.co.uk
Court of Appeal (Civil Division)
London Borough of Waltham Forest v Saleh [2019] EWCA Civ 1944 (19 November 2019)
Vneshprombank LLC v Bedzhamov & Ors [2019] EWCA Civ 1992 (19 November 2019)
Ibrahim v HCA International Ltd [2019] EWCA Civ 2007 (19 November 2019)
Ho v Adelekun [2019] EWCA Civ 1988 (19 November 2019)
Court of Appeal (Criminal Division)
Harris v R. [2019] EWCA Crim 2008 (19 November 2019)
High Court (Administrative Court)
Good Law Project Ltd v HM Revenue and Customs & Anor [2019] EWHC 3125 (Admin) (19 November 2019)
Director of Public Prosecutions v Goldsmith [2019] EWHC 3051 (Admin) (19 November 2019)
High Court (Chancery Division)
Standish & Ors v The Royal Bank of Scotland Plc & Anor [2019] EWHC 3116 (Ch) (19 November 2019)
High Court (Technology and Construction Court)
Everwarm Ltd v BN Rendering Ltd [2019] EWHC 3060 (TCC) (18 November 2019)
Source: www.bailii.org
‘In my article written in April 2018 “Not “Parental Alienation”? but heading towards intractability? What can be done” I discussed some of the challenges facing the courts where adult conflict threatens to harm the relationship between children and their parents.
Two cases decided in 2019 consider further the question of transfer of residence in cases where a child is found to be suffering harm as a result of one parent’s fixed view of the other.’
Becket Chambers, 5th November 2019
Source: becket-chambers.co.uk
‘Two recent decisions have shed yet more light on the “byzantine” system for out of hours appointments. Both confirm that the courts will continue to take a relatively detailed, yet pragmatic, approach to this issue.’
Guildhall Chambers, 8th November 2019
Source: www.guildhallchambers.co.uk
‘Any family practitioner will know that the concept of ‘wellbeing’ is at the heart of care and family court proceedings. Sir Andrew Macfarlane recently remarked “the general focus on wellbeing has developed coincidentally with a massive increase in pressure within the Family Justice system and, if anything, the need for every practitioner to be aware of issues of wellbeing is, in my view, at its most acute for those working in the field of Family Law”.’
KCH Garden Sq, 8th November 2019
Source: kchgardensquare.co.uk
‘A Supreme Court justice has called for the creation of an expert commission to act as “a sort of independent regulator” of algorithms.’
Legal Futures, 19th November 2019
Source: www.legalfutures.co.uk
‘Angus McCullough QC and Shaheen Rahman QC consider the approach to “disclosure” in closed material proceedings (CMPs). They address the background and rules of disclosure that govern the interface between open and closed material in CMPs, as they arise in different contexts, and in different courts and tribunals. The impact of fair trial rights (Article 6) under the ECHR, and the effect of EU rights, is analysed and current areas of debate explored.’
1 Crown Office Row, 18th November 2019
Source: www.1cor.com
‘In Barclays Bank plc v Quincecare Ltd [1992] 4 All ER, Steyn J held that it was an implied term of the contract between a bank and a customer that the bank would use reasonable care and skill in and about executing the customer’s order. This term would be breached if the bank executed the order knowing it to be dishonestly given, or shut its eyes to the obvious fact of the dishonesty, or acted recklessly in failing to make such enquiries as an honest and reasonable man would make. In order to comply with that term, the bank should refrain from executing a customer’s order if and for so long as it was put on inquiry by having reasonable grounds for believing that the order was an attempt to misappropriate funds.’
Forum Chambers, 19th November 2019
Source: www.forumchambers.com
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