591 results
14 Jun 2021 13:58
Remote hearings: their role in extending access to justiceWhen the impacts of COVID-19 first hit the UK, we had to respond quickly and ramped up the use of remote hearings, working with the judiciary and legal professionals. This meant cases continued during the height of national lockdown. From mid-May to end of December 2020, audio or video remote more...
2 Jun 2021 15:03
Discriminatory behaviour, misconduct charges and police misconduct hearingsThe question of how misconduct proceedings should address allegations of discrimination or harassment has now been the subject of a handful of High Court decisions. What falls from them is the importance of the misconduct allegations setting out the specific heads of discriminatory behaviour said to more...
2 Jun 2021 14:55
Virgin Active and New Look: A new dawn for the rescue culture?Lisa Linklater Introduction As companies emerge from the restrictions of lockdown brought about by the Covid-19 pandemic, many will be facing a period of rapid adjustment and have incurred significant debt, particularly to landlords. Many businesses have benefited from the breathing space afforded more...
2 Jun 2021 14:50
A reminder on recent changes in Fatal Accident ClaimsChristopher Barnes Two relatively recent changes may have passed practitioners by and are worth highlighting: On 1st May 2020 the award for bereavement damages increased to £15,120 (for deaths occurring on or after that day). On 6th October 2020 the Fatal Accidents Act 1976 (Remedial) Order came more...
2 Jun 2021 14:49
Once a litigation friend – not always a litigation friendGerard Martin QC In the last few weeks I have had a contested hearing (remotely) before HHJ Godsmark QC in Nottingham to remove from a protected party’s case his litigation friend on the ground that she, his sister, was incapable of acting fairly and competently within the meaning of CPR 21.4 (3) (a more...
2 Jun 2021 14:44
When should a family dispute end up in court?The classic and horrifying image of domestic abuse is of a man hitting his female partner. A lot of domestic abuse is violent, most is perpetrated by men and is “intimate partner” violence – one half of a couple against the other. But this perception doesn’t apply to thousands of domestic abuse more...
2 Jun 2021 12:05
Recent improvements to the probate serviceAs restrictions ease and we exit lockdown, I’ve been reflecting on the huge impact of the pandemic on all our lives. It has marked us in ways we could never have imagined. For some of us, it has very sadly meant the loss of our loved ones. My family, like many others, has dealt with bereavement more...
2 Jun 2021 12:01
New anti-bullying initiative for the Bar3PB Barristers (3 Paper Buildings) is supporting All Rise (The Bar) as sponsors. The project is aimed at standing up and speaking out against bullying, harassment, belittling and discriminatory behaviour against our colleagues at the Bar. You can support the project here. Four participants in the more...
2 Jun 2021 08:46
New podcast training service launchedFromCounsel is delighted to announce the launch of its new podcast training service! Utilising the extensive knowledge and expertise of the team behind the FromCounsel corporate knowledge service, the new training product provides first class training accessible via a dedicated web and mobile app more...
26 May 2021 10:17
Using someone else’s intellectual property: avoiding common pitfallsWhether you’re setting up a new business or you’ve been operating for a while, it’s vital to avoid infringing on anyone else’s intellectual property. Otherwise you could be sued and forced to stop using your business name, designs, or inventions. As well as costing you time and money, this could more...
26 May 2021 10:14
Article 2 inquest not required where police failures had already been fully investigatedIn R (Grice) v HM Senior Coroner of Brighton and Hove [2020] EWHC 3581, the High Court has summarised the scope of the requirements under article 2 of the European Convention of Human Rights (ECHR) for an effective investigation into alleged failures of the police to protect life. The question arose more...
26 May 2021 10:09
Louis Browne QC instructed to defend Judicial Review on behalf of Liverpool City CouncilLouis Browne QC from Exchange Chambers has been instructed by Liverpool City Council (City Solicitor, Jeanette McLoughlin) to defend a Judicial Review brought by Joe Anderson, the former Mayor of Liverpool. The Police are investigating Mr Anderson over allegations of bribery, conspiracy to commit more...
26 May 2021 10:01
Supreme Court judgment in Matthew v SedmanWhen limitation comes down to nanoseconds: Alice Nash considers the decision of the Supreme Court in Matthew v Sedman. The case concerned the calculation of the limitation period in cases where the time for doing an act expires on the stroke of midnight, and the failure to do that act gives rise to more...
26 May 2021 09:59
How the Family Public Law digital service helped local authorities and children during the pandemicThe Family Public Law service lets users submit an online application for a court order to make arrangements for a child or resolve a dispute about their upbringing. A few months ago we updated on how we helped local authorities to support vulnerable children, by making improvements to the online more...
26 May 2021 09:56
Preparing courts for sobriety tagsSobriety tags, or Alcohol Abstinence and Monitoring Requirement (AAMR) as they are formally known, generated a lot of media interest when their introduction came into law in England at the end of March. Many positive reports focused on the expected impact on the reduction in alcohol-related crime, more...
26 May 2021 09:29
Keeping you up to date on court safetyNow that we’re able to hug our loved ones and go to restaurants and pubs, I am tentatively welcoming the prospect of summer. As we slowly emerge from the restrictions of past months, I can’t help but reflect on the work that’s kept justice functioning. On my visits to courts across the country, I’ve more...
20 May 2021 12:45
Private bigotry, public disciplineA group of police officers exchange off-duty, sexist, degrading, racist, antisemitic, homophobic and disability-mocking WhatsApp group chat messages, as well posting crime scene photographs of current investigations. No crime was committed. That’s a private matter, isn’t it? No. It isn’t. So held more...
20 May 2021 12:37
Amsterdam Court orders reinstatement of Uber drivers dismissed by algorithmIn October 2020 the App Drivers & Couriers Union (‘ADCU’) filed a legal challenge against Uber Technologies Inc. for the dismissal of drivers by an algorithm in the UK and Portugal. The District Court of Amsterdam heard claims by the ADCU on behalf of three drivers from the UK, and a fourth driver more...
20 May 2021 12:20
Looking back over 10 years of HMCTSTen years ago, when I visited courts and tribunals across the country, I’d carry a mound of paperwork to keep me busy on the train. Now, I can pick up my laptop, wander through the office and read my emails. I am never out of contact (which can be a blessing and a curse). Life has changed, and as we more...
20 May 2021 11:52
A different understanding? How the CJS discriminates against those with autismThis is the second of two guest posts by Alex Reid. The first provides helpful context In 2019 my son Rob, 35, was convicted of harassment by a magistrates’ court. Because of his make-up, ASD (autism spectrum disorder) combined with mild mental illness, he had a faulty understanding of why he’d been more...
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