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What employers need to know: October 2013 case law updates

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Important decisions from the UK courts and tribunals and the European Court of Human Rights this month highlight three important lessons for employers. Firstly, Hainsworth v Ministry of Defence confirmed that employers do not have a duty to make reasonable...

Will help to buy help?

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This was first published in the Wigan Observer on the 29th October 2013 The second phase of the Government’s Help to Buy scheme launched this month. It’s been brought in three months earlier than previously planned and is aimed at speeding up...

B & B's refusal to accommodate a gay couple is unlawful

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Earlier this year the Court of Appeal upheld the tribunal ruling in Black and Morgan v Wilkinson and confirmed that those providing services to the public can be held accountable for discrimination on grounds of sexual orientation. Michael Black and John...

CQC identifies 'high risk' NHS Trusts

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The Care Quality Commission (CQC) has identified in a recent report that 23 NHS Trusts across the country are categorised as ‘high risk’ with the most serious level of concern, including higher than expected mortality rates across their...

Sickness and holiday entitlement

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It is important for employers to consider the effect sickness absence may have on an employee’s holiday entitlement.  This can be more complex than it may seem on initial analysis. It is now accepted that an employee cannot be forced to take...

It's our right to challenge the state through the courts

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The wrongful removal of a Roma child from her biological parents in Dublin because she didn’t look like them is a timely reminder of the importance of our right to challenge the state through the courts. In a settled peaceful society like ours it is...

The FCA takes tough stance on SIPP providers

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In a move to protect consumer interests, the Financial Conduct Authority (FCA), formerly the Financial Services Authority (FSA) has told Self-Invested Pension Plan (SIPP) providers to improve their practise or face regulatory action. This came after the FCA...

Woman dies after fall at Liverpool store

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A 57-year-old woman has sadly died following a fall of about 24 metres from the third floor of the Primark store in Liverpool. It is not fully understood how she came to be found at the bottom of the escalators on the ground floor, earlier this week, but...

Landmark ruling over near drowning

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When she was a child, Annie Woodland, now in her early twenties, got into difficulties and almost drowned at a school swimming lesson. She subsequently suffered severe brain damage following resuscitation. A claim for damages was rejected in 2011 and that...

Tenants beware of your friendly landlord

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In the current climate of bedroom tax, welfare cuts, high unemployment levels and the global recession, more and more social landlords and local authorities are issuing possession proceedings against tenants for relatively low levels of arrears. In...

Family Matters - Getting to the point of jab issues

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This was first published in the Wigan Observer on the 22nd of October 2013. Q: When our 13-year-old was younger, we opted out of the MMR Vaccine. Now my former partner has changed their mind and wants to force our child to have it. Where do I stand legally?...

A quiet rebellion?

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Government decided some years ago that the family justice system was ripe for reform. Cases were taking too long. There was an over reliance on expensive expert witnesses. Lawyers paid by the hour had no incentive to settle cases quickly. Judges and...

Fall in mediation applications for family disputes

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This morning, Justice Minister Lord McNally told Sarah Montague on the BBC’s Today programme that it was too early to say whether government cuts to legal aid have led to a fall in applications for mediation in family cases. Pressed by Ms...

Enviromental agency cracks down on illegal waste sites

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This week the Environment Agency published its annual waste crime report, which it says shows its efforts to identify and close illegal waste sites is paying off. The number of sites closed in 2012/13 increased by 70% on 2011/12 figures, with a total of...

Urban traffic management - A tale of two cities

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As of today (21st October), Liverpool Mayor Joe Anderson has enacted his policy of the closure of all bus lanes in the city for a 9 month trial. His reasoning behind this move is that the anticipated rise in bus passengers hasn’t happened and...

APIL campaign drives home tailgating dangers

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If you have some time today, take a one-minute break to have a look at the Association of Personal Injury Lawyer's YouTube animated cartoon on tailgating, available here:  A Lesson in Social Graces is part of APIL's #backoff campaign...

Legal aid cuts 2013 - Can you still get legal aid for housing cases?

Joanne Ellis
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The Legal Aid Sentencing and Punishment of Offenders Act (LASPO) introduced sweeping cuts to legal aid from April 2013. As a result, the social welfare law category (consisting of welfare benefits, debt, employment/discrimination, community care and housing)...

Woman burned as cocktail explodes

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What started off as a typical night out, turned out to be a night she would never forget for a woman enjoying a night out at Lola’s Cocktail Bar in Manchester earlier this month. A bartender on the said night was making...

'Ghost brokers'

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Earlier this month, raids were conducted in Leicestershire, Manchester, West Midlands, London and Thames Valley as part of an investigation into the sale of fake car insurance, known as ‘ghost broking’. Ghost brokers mostly operate through the...

Working Time Regulations

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I was saddened to hear about the young banking intern who was recently found dead after completing a 72 hour shift which had been interrupted only for the young man to return temporarily to his apartment to shower. His father has raised concerns about the...

LinkedIn - who owns what?

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Who has ownership of the contacts relating to an employee’s profile has been the subject of a legal argument over the last few months. The case of Whitmar Publications Limited v Gamage has recently focused on this issue. In this case, Whitmar...

Single man granted tenancy of three bedroom house due to impact of 'bedroom tax'

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In a recent case, a local housing association brought trespass proceedings against a single man occupying a three bed roomed property. Prior to the proceedings, the man lived at the property with a relative, the tenant. The tenant left the property, leaving...

US teen snaps spine due to incorrect seatbelt position

Pauline Smith
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I read in the media this week the story of 13 year old Matthew Parks of Louisiana, who suffered a "Chance fracture" to his spine when his family's vehicle was involved in an accident, and ended up in a ditch in August this year. ...

Care Quality Commission proposes new approach to inspection of adult social care services

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The Care Quality Commission’s Chief Inspector of Adult Social Care, Andrea Sutcliffe, has set out her priorities for improving the regulation of adult social care services. In a detailed paper, titled “A fresh start for the regulation and...

High Court decision tightens undue influence Will challenges

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A recent High Court decision in the case of Re The Estate Of Francois Anthime Devillebichot [2013] EWHC 2867 (Ch) has provided guidance in bringing claims to challenge a Will on the basis of undue influence. Chloe Brennan brought a claim against the estate...

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