Costs recovery lawyers hail decision in High Court as potential win for millions of former PI claimants.
— Read on www.lawgazette.co.uk/law/court-orders-costs-repayment-after-client-did-not-consent-to-deduction/5106055.article
The Ministry of Justice is to allow the Court of Appeal as well as the Supreme Court to depart from EU case law from next year.
— Read on www.litigationfutures.com/news/court-of-appeal-to-have-power-to-depart-from-eu-law
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Coronavirus: Manchester
Jacinda Ardern: I didn’t want to work for Tony Blair
— Read on i.stuff.co.nz/national/politics/96123508/jacinda-ardern-i-didnt-want-to-work-for-tony-blair
Some socialists don’t support Jacinda Arden: https://novaramedia.com/2020/09/24/whats-the-point-of-jacinda-ardern/
Inquest rules heading heavy leather balls ‘a factor’ in death of Alan Jarvis
— Read on www.theguardian.com/football/2020/oct/15/inquest-rules-heading-heavy-leather-balls-a-factor-in-death-of-alan-jarvis
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U.K. internal market bill
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Coronavirus chronology
One of the country’s leading QCs has suggested that barristers on the Attorney General’s panels should consider resigning.
— Read on www.legalfutures.co.uk/latest-news/barristers-on-ag-panels-should-consider-resigning-says-top-qc
Homepage | The Crown Prosecution Service
— Read on www.cps.gov.uk/
In the last week, coronavirus admissions to hospitals have risen by 40%. ITV News has been to one hospital where the Covid intensive care ward is already full.
— Read on www.itv.com/news/2020-10-12/covid-inside-blackpool-victoria-hospital-where-intensive-care-unit-is-at-full-capacity
HM Courts & Tribunals Service acknowledges that public health legislation permits court users to come out of self-isolation.
— Read on www.lawgazette.co.uk/news/hmcts-dont-come-to-court-if-you-have-covid/5105964.article
Academic medicine is not immune from political censorship.
— Read on electronicintifada.net/content/lancet-censors-gaza-health-letter-after-pro-israel-pressure/31371
Health chiefs warn they plan to ditch routine surgery as second wave seriously disrupts NHS
— Read on amp.theguardian.com/world/2020/oct/08/hospitals-in-north-of-england-to-run-out-of-covid-beds-within-a-week
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Coronavirus: track & trace
Read a section of the LELR, Labour and European Law Review about the TUPE.
— Read on www.thompsonstradeunion.law/news/lelr/weekly-issue-48-july-2000/1-tupe-loopy
A look at the difficulties in determining the correct defendant in occupational disease litigation where the claimant has been TUPE transferred.
— Read on www.weightmans.com/insights/tupe-the-difficulties-in-disease-litigation/
Baker v (1) British Gas Services (Commercial) Limited (2) J&L Electrics Lye Limited
— Read on www.lexology.com/library/detail.aspx
I am grateful to Tom Jenkinson from Bolt Burdon Kemp for sending me a copy of the decision of Master Rowley in Shulman -v- Kolomoisky (24/06/20) where the issue of the guideline hourly rates was determined. A copy of the judgment is available here. Judgment Shulman v Bogolyubov (hourly rates) “This case is a…
— Read on www.civillitigationbrief.com/2020/10/08/guideline-hourly-rates-not-much-use-canary-wharf-expensive-place-to-be-evidence-and-the-seven-pillars-of-wisdom-all-for-750-an-hour/
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Witness statements CPR32.10
In Smith v Marston Holdings Ltd & Anor [2020] EW Misc 23 (CC) HHJ Paul Matthews made some observations about the correct address for service when applications are issued. He also noted the issues that can arise when dealing with some litigants in person. “During the course of this judgment I have referred to many…
— Read on www.civillitigationbrief.com/2020/10/07/address-for-service-the-use-of-a-post-office-box-number-or-accomodation-address-does-not-comply-with-the-rules-also-the-price-tag-for-litigants-in-person/
twitter.com/bellribeiroaddy/status/1313096052245921794
https://twitter.com/unitepolitics/status/1312853331769872384?s=21
https://twitter.com/apsanabegummp/status/1313149367747043328?s=21
https://twitter.com/zarahsultana/status/1313247985128681473?s=21
https://twitter.com/paulabarkermp/status/1313462485849198592?s=21
https://twitter.com/mickwhitleymp/status/1313428085711265793?s=21
https://twitter.com/lowkey0nline/status/1313389938520600576?s=21
https://twitter.com/raphaeldogg/status/1313480836679958531?s=21
It is today seven years since the ERRA ended breach of statutory duty as a distinct cause of action in relation to accidents at work. This is an opportune time to review the cases that have considered this issue. Here we look at cases in the English and Welsh courts and then review Scottish decisions…
— Read on www.civillitigationbrief.com/2020/10/01/the-seven-year-itch-a-review-of-the-cases-considering-section-69-of-the-enterprise-and-regulatory-reform-act-2013-including-scotland/
The Job Support Scheme — Legally Blogged Employment Law
— Read on www.legally-blogged.com/blog/the-job-support-scheme
Essex County Council v UBB Waste (Essex) Ltd (No3)
— Read on www.litigationfutures.com/news/keep-part-36-offers-simple-by-using-form-judge-urges
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Japanese knotwood claims
First Japanese knotweed claim issued today – relatively new area of law interesting to see how these claims progress (post by Andrew Mckie on LinkedIn today, 28/09/20)
Dhabiya Khamis
— Read on www.middleeastmonitor.com/20200927-uae-poet-barred-from-travel-for-rejecting-israel-deal/amp/
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Coronavirus: Vietnam
BHRC and the Bar Council write to Polish authorities ahead of rescheduled hearing to waive immunity of Judge Tuleya – Bar Human Rights Committee
— Read on www.barhumanrights.org.uk/bhrc-and-the-bar-council-write-to-polish-authorities-ahead-of-rescheduled-hearing-to-waive-immunity-of-judge-tuleya/
Asbestos training in the construction industry is at its lowest level for five years, as UKATA urges employers to ensure training is up to date
— Read on www.pbctoday.co.uk/news/health-safety-news/asbestos-training/82690/
These Regulations require the closure of businesses selling food or drink for consumption on the premises, and businesses listed in Part 2 of Schedule 2, to protect against the risks to public health arising from coronavirus, except for limited permitted uses. Restrictions are imposed on businesses listed in Part 3 of Schedule 2, which are permitted to remain open. The Regulations also prohibit anyone leaving the place where they live without reasonable excuse, and ban public gatherings of more than two people. The closures and restrictions last until they are terminated by a direction given by the Secretary of State.
— Read on www.legislation.gov.uk/uksi/2020/350/made
There has been some discussion on Twitter recently about stress at work and the problems caused when mistakes are made (particularly when they are your own fault). Added to this we have the difficulties of home working, the lack of collegiate support, moving back to work in a social distanced setting and the numerous uncertainties…
— Read on www.civillitigationbrief.com/2020/09/27/stress-homeworking-social-isolation-and-fish-files-a-recap-of-previous-posts-that-may-be-able-to-help/
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Coronavirus: long-term suffering
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Coronavirus: MMU lockdown
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https://twitter.com/adamwagner1/status/1309992481774329856?s=12
https://twitter.com/adamwagner1/status/1310131582301241345?s=21
https://twitter.com/adamwagner1/status/1310173376607125507?s=21
https://twitter.com/barristersecret/status/1310285780250693632?s=21
https://twitter.com/levinslaw/status/1310567997648637953?s=21
When you are on the losing side in a UN vote by 169 to 2, someone should at least be smart enough to discern that something is very, very wrong.
— Read on thealtworld.com/philip_giraldi/are-you-feeling-safer-war-of-the-worlds-pits-u-s-and-israel-against-everyone-else
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Coronavirus: statistics
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Clin neg: Mr Hay, Gynaecologist
Thompsons Solicitors is representing a woman injured by a gynaecologist at a Derby hospital, whose name has now been revealed. Read her story here.
— Read on www.thompsons.law/news/news-releases/medical-negligence-news/woman-still-in-pain-more-than-two-years-on-by-under-fire-derby-gynaecologist
In the judgment today in Greater Manchester Fire and Rescue Service v Veevers [2020] EWHC 2550 (Comm) HHJ Pearce upheld a decision that the legal costs incurred in attending an inquest were recoverable as costs in a subsequent action for Fatal Accident damages. The defendant had failed to make an appropriate “admission” within the meaning…
— Read on www.civillitigationbrief.com/2020/09/25/fatal-accident-legal-costs-of-attending-inquest-were-recoverable-the-dangers-to-defendants-of-making-an-equivocal-admission/
Hand-arm vibration syndrome (HAVS) results from many years of use of vibrating tools. Read more about Hand-arm Vibration Syndrome
— Read on patient.info/doctor/hand-arm-vibration-syndrome-pro
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PTSD; journalist abroad in war zone
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Liberty: scrap the Coronavirus Act
WATCH: BLM protesters prepare riot shields & ‘ABOLISH POLICE’ signs following Breonna Taylor charges announcement
— Read on www.rt.com/usa/501529-breonna-taylor-louisville-protests-charges/amp/
The unidentified woman, 27, unknowingly spread the virus back in March. She infected 14 passengers and one crew member out of the 217 on board the flight from London to Vietnam.
— Read on www.dailymail.co.uk/news/article-8753039/amp/How-COVID-spreads-longhaul-flights-Single-passenger-infects-15-10-hour-trip-Vietnam.html
A new bill plans to ignore conventions protecting both military and civilians in overseas operations, says former shadow attorney general Shami Chakrabarti
— Read on amp.theguardian.com/commentisfree/2020/sep/22/government-break-law-torture-bill-military-personnel-civilians-overseas-operations
Human rights committee concerned by lack of parliamentary scrutiny of legislation.
— Read on www.lawgazette.co.uk/law/coronavirus-approach-creates-risks-for-the-rule-of-law/5105720.article
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Coronavirus: second wave
FCA Test Case Update – Judgment – Fenchurch Law
— Read on www.fenchurchlaw.co.uk/fca-test-case-update-judgment/
Ruling says travel and waiting time between cases should be treated as working time
— Read on www.theguardian.com/society/2020/sep/15/tribunal-awards-10-uk-homecare-workers-back-pay
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Code of conduct of MP’s
Long covid: How to define it and how to manage it | The BMJ
— Read on www.bmj.com/content/370/bmj.m3489
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White supremacy tattoos
Britain’s Got Talent judge Alesha Dixon,41, has said she will quit the show if ITV apologises over a Black Lives Matter-inspired dance. The routine has so far led to more than 15,500 complaints to Ofcom.
— Read on www.dailymail.co.uk/tvshowbiz/article-8726467/amp/If-ITV-says-sorry-BLM-inspired-dance-Ill-quit-says-Britains-Got-Talent-judge-Alesha-Dixon.html
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Coronavirus risk charts
In Essex County Council v UBB Waste (Essex) Ltd (No. 3) [2020] EWHC 2387 (TCC) Mr Justice Pepperall considered arguments relating to the validity of Part 36 offers. He found that the offer the claimant made was a valid Part 36 offer. He also observed that the principle of estoppel has no part to play…
— Read on www.civillitigationbrief.com/2020/09/11/date-on-letter-did-not-prevent-it-being-a-valid-part-36-offer-no-estoppel-in-the-construction-of-part-33-offers-high-court-decision-today/
Part 18 requests are often misused. The Practice Direction states “A Request should be concise and strictly confined to matters which are reasonably necessary and proportionate to enable the first party to prepare his own case or to understand the case he has to meet”, yet some requests are akin to old style requests for…
— Read on www.civillitigationbrief.com/2020/09/08/civil-procedure-back-to-basics-83-part-18-requests-for-further-information/
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Protected: Wills Act 1837
Risks: Union health and safety news – Number 963 – 3 September 2020 | TUC
— Read on www.tuc.org.uk/news/risks-union-health-and-safety-news-number-963-3-september-2020
proximity and time exposed to patients with respiratory distress are stronger determinants of risk than the procedures themselves.
— Read on www.bmj.com/content/370/bmj.m3206
Dynamic, collaborative, and with a reputation for being at the cutting-edge of legal developments, Bindmans has had an outstanding 45 year history. The legal landscape may have changed dramatically over the years, but we are unwavering in our commitment to our founding principles: championing the rights, freedoms and reputations of our clients.
Bindman & Partners (now Bindmans LLP), was established by Geoffrey Bindman, Wendy Mantle, Sarah Leigh and William Blakeney and opened for business at 249 Gray’s Inn Road in April 1974. Geoffrey Bindman had set-up the inaugural legal aid practice in North London in 1963 at the Kentish Town practice. He and Wendy Mantle had been partners in Lawfords, a trade union firm in Gray’s Inn. Together with Sarah Leigh, who had been a trainee and then solicitor at Lawfords, and William Blakeney, a property lawyer, they formed a new partnership mainly to provide local residents, most of whom were at that time eligible for legal aid, with legal services in the fields which concerned them, including family law, immigration, personal injuries, housing, social welfare, and crime. Over the years Bindmans has extended the range of its activities UK-wide and internationally, especially in the fields of human rights and public law. When Bindmans was founded it was uncommon for law firms to practice human rights and civil liberties – we are a trailblazer in the field.
The firm became increasingly well-known as defenders of civil liberties and human rights, with an emphasis on public law i.e. challenging the actions of public authorities. As its reputation grew, so the firm expanded steadily, moving to new premises first at 1 Euston Road, opposite King’s Cross station, then at 275 Gray’s Inn Road, and eventually to its present principal home at 236 Gray’s Inn Road.
Over the course of 45 outstanding years, Bindmans has not only grown in terms of partners, fee-earners and business support staff, but has greatly broadened its practice areas and scope of work.
In 2019, Bindmans celebrates its 45 year anniversary, and below you can explore some of the momentous steps we have taken on our journey:
— Read on www.bindmans.com/insight/blog/world-check-database-due-diligence-or-blacklist
https://www.refinitiv.com/en/products/world-check-kyc-screening/am-i-listed-on-world-check
Covid-19: re-opening universities is high risk | The BMJ
— Read on www.bmj.com/content/370/bmj.m3365
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Asbestos: ICI
EXTINCTION REBELLION DELIVER LETTER DEMANDING CLIMATE ACTION TO RICHARD DRAX MP AS PART OF MASS-COORDINATED UK CAMPAIGN – Dorset Eye
— Read on dorseteye.com/extinction-rebellion-deliver-letter-demanding-climate-action-to-richard-drax-mp-as-part-of-mass-coordinated-uk-campaign/
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World Press Freedom Index
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Gatherings, raves and protests
Formal warning comes as government claims environmental protesters are a threat to press freedom
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