The High Court has today handed down judgment in the VW NOx Emissions Group Litigation – the class action arising out of what is often described as the ‘emissions scandal’. Following a two-week trial of two preliminary issues, Mr Justice Waksman has found that the controversial engine software function amounts to a ‘defeat device’ for the purpose of EU law, and that previous findings of the relevant German authorities were binding on the High Court in that respect.
— Read on www.blackstonechambers.com/news/crossley-ors-v-volkswagen-aktiengesellschaft-the-vw-nox-emissions-group-litigation/
Category: Uncategorized
The Civil Justice Council (CJC) has been tasked with reviewing the guideline hourly rates (GHR), it has emerged, with costs specialists urging it to revert to the old system of setting them locally.
— Read on www.litigationfutures.com/news/mr-backs-review-of-guideline-hourly-rates
Guideline hourly rates can be found at: http://www.gov.uk/guidance/solicitors-guideline-hourly-rates
Palestinian Prisoners Day
Coronavirus in animals
Chris Day
Update on £700K to Crush a Junior Doctor – Don’t Let Them Get Away With It
Dear Supporter,
Cover up complete!
The Court of Appeal have confirmed that the settlement agreement that shut down my whistleblowing case in 2018 can never be challenged. This is despite an earlier signed and sealed Court Order allowing us to it challenge the settlement. This was astonishingly rescinded and then later described as a clerical error (more detail).
The substance of our application that challenged the clerical error and the Court’s reasons for rejecting our appeal has been simply ignored by the Court. You can judge for yourself by reading our application and comparing it with the Court’s response to it.
This means that the circumstances at which my training number and path to consultant was deleted will never be heard by any court. More worryingly, the NHS are relying on a clause in my settlement agreement to prevent the Court scrutinising HOW junior doctors were argued out of whistleblowing protection in 2015. This scandalous process was described by 2 MPs in the House of Commons on 3 July 2019 (Video).
Justin Madders;
“Health Education England effectively sought to remove around 54,000 doctors from whistleblowing protection by claiming that it was not their employer. Four years and hundreds of thousands of pounds later, it eventually backed down and accepted that it should be considered an employer after all.”
Sir Norman Lamb;
“ls the hon. Gentleman aware that the contract between Health Education England and the trusts, which demonstrates the degree of control that Health Education England has over the employment of junior doctors, was not disclosed for some three years in that litigation? lt was drafted by the very law firm that was making loads of money out of defending the case against Chris Day. I have raised this with Health Education England, but it will not give me a proper response because it says that the case is at an end. Does the hon. Gentleman agree that this is totally unacceptable and that it smocks of unethical behaviour for that law firm to make money out of not disclosing a contract that it itself drafted?”
There is some good news. A South London Judge has directed that Lewisham and Greenwich NHS Trust and Health Education England must attend a 10 day hearing in March 2021 to defend the allegations that they made false statements to an MP and the press about my case after the settlement. The content of this hearing is set out in this letter.
It is bad for everyone that the reality of how junior doctors were argued out of whistleblowing protection has been hidden from the courts. It is bad for me that I will never get the circumstances at which my training number was deleted scrutinised.
Thanks again for your support and I am sorry the news could not be better. I still believe it is important to push on with what we have been allowed to challenge (however shambolic).
Best wishes,
Dr Chris Day
‘A National Scandal’: A Timeline of the UK Government’s Woeful Response to the Coronavirus Crisis – Byline Times
— Read on bylinetimes.com/2020/04/11/a-national-scandal-a-timeline-of-the-uk-governments-woeful-response-to-the-coronavirus-crisis/
by Sport Resolutions’ panel member John Mehrzad QC and Joe Bryan, both from Littleton Chambers’ Sports Law Group.
— Read on www.lawgazette.co.uk/legal-updates/legal-realities-of-an-extension-to-the-football-season/5103804.article
FTP: Nasrin Sotoudeh
http://www.nasrinsotoudeh.com/
Lawyer sentenced to decades in prison and 148 lashes, husband writes on Facebook
— Read on www.theguardian.com/world/2019/mar/11/human-rights-lawyer-nasrin-sotoudeh-jailed-for-38-years-in-iran
World Health Organization
madness.”
“For all our sake, stop this madness.
— Read on www.hazardscampaign.org.uk/blog/deadly-failures-have-placed-millions-of-workers-at-unnecessary-coronavirus-exposure-risk
Supreme Court brings law on vicarious liability to a halt in decision that Barclays is not liable for abuse by the GP it arranged to screen its employees.
— Read on ukhumanrightsblog.com/2020/04/03/vicarious-liability-the-new-boundary-dispute/
NHS Resolution launches new indemnity scheme to support NHS coronavirus response – NHS Resolution
— Read on resolution.nhs.uk/2020/04/03/nhs-resolution-launches-new-indemnity-scheme-to-support-nhs-coronavirus-response/
VW emissions case
Human rights: refugees in Greece
Covert recordings (12KBW)
Coronavirus legislation (12KBW)
How Does Keir Starmer’s Shadow Cabinet Stack Up On Human Rights? | EachOther
— Read on eachother.org.uk/keir-starmer-shadow-cabinet-human-rights/
knowledge.
— Read on www.litigationfutures.com/news/judge-upholds-acceptance-of-mistaken-0-part-36-offer
A company must disclose documents held by its subsidiaries and which it controls, the High Court has ruled, in a case handled under the disclosure pilot.
— Read on www.litigationfutures.com/news/company-must-disclose-documents-held-by-subsidiaries
Royal Mail during Covid 19
Keir Starmer
https://www.bing.com/search?q=keir+starmer&form=APIPH1&PC=APPL
https://en.wikipedia.org/wiki/Keir_Starmer
twitter.com/keepleftofleft/status/1246427852733644801
https://electronicintifada.net/blogs/asa-winstanley/israel-lobbyist-funded-labours-new-leader
https://twitter.com/georgegalloway/status/1254007418884890626?s=21
https://twitter.com/thegrayzonenews/status/1269070916941725696?s=21
https://twitter.com/100_alpha/status/1276493832830492674?s=21
https://twitter.com/hxmzaliy/status/1276254297148317696?s=21
https://twitter.com/rickycoxon/status/1282800544457920515?s=21
https://twitter.com/aaronbastani/status/1366855637775376388?s=21
https://twitter.com/andrewfeinstein/status/1375517664135630848?s=21
Trilateral commission:
https://www.lawgazette.co.uk/obiter/legal-comrades-show-starmer-the-red-card/5107377.article
https://twitter.com/derbychrisw/status/1517761576782151680?s=21&t=scpnSy0MUPCmq1_evYvpcA
The term “PPE” has become one of general comment and concern. Here our newest recruit at Kings Jasmine Chan explains the Regulations, the duties owed and the government guidance in relation to PPE and coronavirus. PPE (Personal Protective Equipment) is equipment that protects its wearer against health or safety risks at work. It can…
— Read on lawinthetimeofcorona.wordpress.com/2020/04/02/personal-protective-equipment-the-basic-legal-principles-and-important-government-guidance/
Covid 19 PPE update
Although the position is fast-moving and guidance is expected to be given in due course by the Law Society, it is presently understood that remote video | Hardwicke
— Read on hardwicke.co.uk/is-it-possible-to-take-a-statutory-declaration-by-skype-video-or-similar-technology/
Whistleblowing
UK supreme court says retailer not to blame for actions of employee with grudge
— Read on www.theguardian.com/business/2020/apr/01/morrisons-is-not-liable-for-massive-staff-data-leak-court-rules
Whilst the ongoing coronavirus pandemic is having a unprecedented impact upon human behaviour, businesses should also be aware of the risks to legal persons and
— Read on www.6pumpcourt.co.uk/news/mark-watson-qc-and-mark-davies-consider-the-new-health-protection-coronavirus-restrictions-england-regulations-2020-and-the-impact-on-businesses/
Although it is welcome the new Practice direction is a bit disappointing. It does not trust litigators at all (or not very much). Parties can agree extensions of up to 56 days, without permission of the Court, but not beyond that. Extensions beyond 56 days have to be approved by the Court, albeit these…
— Read on www.civillitigationbrief.com/2020/04/02/the-new-practice-direction-the-limitations-on-the-power-to-extend-time-by-agreement-and-making-an-application/
Majority of justices rule that, if arrangement has reasonable prospect of success, costs can be awarded.
— Read on www.lawgazette.co.uk/law/supreme-court-awards-damages-to-fund-us-surrogacy-costs/5103723.article
FTP – Tony Benn
FTP – Chuck D
FTP – George Galloway
FTP – Angela Davis
FTP – Lowkey
FTP – Yulia Tsvetkova
TfGM
A message from Transport for Greater Manchester regarding Coronavirus
The Government has stated that people should not use public transport unless it’s for essential journeys.
As people are now travelling less and to protect public transport staff and drivers, bus, rail and tram services will start to be reduced from Sunday 22 March. Many operators have now published their revised timetables.
Services will be operating on the new Trafford Park Metrolink line from Sunday as planned to help key workers make essential journeys.
Travelshops across Greater Manchester remain open, providing travel advice for essential journeys, but are operating on reduced hours.
Further changes to services and opening hours are likely to come into effect over the coming weeks, so please check before you travel.
While people should not be travelling unless essential, peak time restrictions on concessionary tram, rail and bus passes have been lifted from today to make it easier for the region’s older citizens and disabled people to get their shopping and to attend medical appointments.
Metrolink passengers with 28 day and annual travelcards are being offered refunds on the number of days left remaining on their tickets, as long as there is a minimum of 7 days remaining.
Please visit the link below for the latest travel and timetable information for all types of transport and check with individual operators ahead of your journey.
If you do need to travel, we want to assure you that a rigorous cleaning regime is in place across the transport network. We also encourage customers who are travelling on Metrolink to use contactless payments rather than ticket machines.
TfGM will continue to work closely with Metrolink, rail and bus operators to ensure those that do need to make essential journeys can still do so safely.
Please share this message with your colleagues, partners and members and we will continue to keep you updated. TfGM.com/Coronavirus
Bereavement Award
From 01/05/2020 statutory bereavement damages in England and Wales will be £15,120 see: https://www.legislation.gov.uk/uksi/2020/316/made
Also, there will be a change in the law in actions which accrue on or after 6/10/20 – the Fatal Accidents Act 1976 has been amended to allow a claim for bereavement damages by a cohabitating partner if they had co-habits with the deceased for at least 2 years before death.
Cuba
Coronavirus
https://twitter.com/i/events/1239876088337059840
https://apple.news/AEQXjT4IkTx6LrXR3e-AOZA
https://www.boots.com/health/cold-and-flu/coronavirus
https://www.acas.org.uk/coronavirus
https://lawinthetimeofcorona.wordpress.com/2020/03/
https://www.lawgazette.co.uk/practice/coronavirus-baker-mckenzie-shuts-london-office/5103268.article
https://www.gov.uk/guidance/coronavirus-covid-19-courts-and-tribunals-planning-and-preparation
CORONAVIRUS: ADVICE FOR THE LEGAL COMMUNITY – FROM THE LEGAL COMMUNITY AND BEYOND
https://www.lawgazette.co.uk/news/coronavirus-business-continues-says-hmcts/5103483.article
CORONAVIRUS AND LAWYERS II: ADVICE FOR THE LEGAL COMMUNITY – FROM THE LEGAL COMMUNITY AND BEYOND
CIVIL LITIGATION IN A TIME OF TOTAL UNCERTAINTY: 10 KEY POINTS ON DIFFICULTIES ARISING OUT OF THE CORONAVIRUS OUTBREAK
CORONAVIRUS – A USEFUL CASE: MASTER ALLOWS PARTY TO VARY DIRECTIONS BY CONSENT BY 56 DAYS
GUIDANCE ON CORONAVIRUS FOR ADVOCATES FROM THE BAR COUNCIL (AND THE NEED FOR A CLEAR STATEMENT FROM THE BAR STANDARDS BOARD)
CORONAVIRUS: MORE USEFUL LINKS FOR LAWYERS
CORONAVIRUS UPDATE FROM THE LORD CHIEF JUSTICE: THE WHEELS OF JUSTICE SHOULD NOT GRIND TO A HALT
UPDATE ON COVID-19 AND THE COURTS: GUIDANCE FROM THE LORD CHIEF JUSTICE
https://www.nejm.org/doi/full/10.1056/NEJMp2005755
https://www.gov.uk/government/collections/procurement-policy-notes
Click to access Full_guidance_on_staying_at_home_and_away_from_others.pdf
‘A National Scandal’: A Timeline of the UK Government’s Woeful Response to the Coronavirus Crisis
Costa Coffee (@CostaCoffee) Tweeted:
Costa Coffee. With you… ❤️☕️ https://t.co/iktyf30S1h
Flooding claims
When there were significant floods in December 2015 the media ran stories about how home owners and business owners would be unable to claim on their insurance policies for the damage sustained. This provided a windfall to insurers because some policy holders who had been flooded assumed that their policies didn’t provide cover and didn’t claim. The reality is that in some circumstances, some policies would have left the insurer liable.
Statement of Truth 2020
More invaluable assistance from the Civil Litigation Brief:
MORE RULE CHANGES IN APRIL: CHANGES TO THE STATEMENT OF TRUTH: YOU HAVE BEEN WARNED…
THE IMPORTANCE OF THE STATEMENT OF TRUTH (3): THE SCARY STUFF (THE REALLY SCARY STUFF)
Witness statements 2020
WITNESS STATEMENTS IN FOREIGN LANGUAGES: CHANGES COMING INTO FORCE IN APRIL
MORE RULE CHANGES IN APRIL: CHANGES TO THE STATEMENT OF TRUTH: YOU HAVE BEEN WARNED…
As always, thank you to the Civil Litigation Brief for keeping lawyers updated.
Stress: NHS long-term plan
Stress: Schools and NHS programme
Stress at Work: ACAS
Silicosis
T&L Sugars Ltd v Tate & Lyle Industries Ltd [2014] EWHC 1066
Asbestos: disclosure, Dring v Cape
X v Kuoni (Supreme Court)
Costs: Demouilpied and West
Private car park tickets
https://www.pistonheads.com/gassing/topic.asp?t=1739686
https://www.express.co.uk/life-style/cars/832782/DVLA-parking-fine-tickets-UK
https://www.walesonline.co.uk/news/local-news/swanseas-dvla-selling-details-more-13384902
https://www.thetimes.co.uk/article/dvla-sells-addresses-of-6m-drivers-to-parking-firms-srrlhvrf6
https://www.moneysavingexpert.com/reclaim/private-parking-tickets/
Euro Car Parks
https://forums.moneysavingexpert.com/showthread.php?t=2512663
General
https://www.justanswer.co.uk/traffic-law/7z73k-received-parking-charge-notice-euro-car-parks.html
Civil Liability Act
Clinical negligence: mesh
Go Green 2019 (July)
FTP: BDS
Costs: Orders against minors
Misconduct in public office
Silicosis: stonemasons
Clin neg: PIP implants
https://mobile.twitter.com/city_rabin/status/1131623593601785862
@city_rabin
On the 16th of May, when City released a statement after after CFCB IC of UEFA made a referral to the adjudicatory body for deciding on the punishment. There were uncharacteristically strong words in it about Yves Leterme the Chief Investigator
The club said it found the process “unsatisfactory, curtailed and hostile”. The whole media jumped on this with “Haughty” etc. Sam Cunningham went his usual extra mile with a Trump comparison.
Now anyone who knows the club knows them for extreme restraint, but no one bothered to see what was the reason for the change. With a vast majority of the media having decided on City’s guilt I guess they were out buying nails for the coffin.
It turns out Mr Leterme, the former Belgian PM has an interesting past..interesting recent past. Till last August he was the head of LIFE, an inter governmental agency, based in Sweden, it’s established to promote democracy across the world, a position he has held since 2014
Turns out that last year, due to certain complaints LIFE asked KPMG to investigate Leterme, on charges raised by anonymous employees. And guess what happened? Due to conclusive findings (allegedly 🙄) he was let go by IDEA for preferential treatment, discrimination and harassment
This matter is well covered by the Belgian media..for example.(Google translate makes it strange but understandable). This one has a claim of “bullying”
While this may or may not have any bearing on the investigation into Manchester City, I’m a bit shocked that not one English,/International media has picked this up or did it not fit their narrative?
(Thanks to the unnamed City fan who pointed me in this direction)
I stand corrected, the media has looked into Leterme critically and found out that he likes raising goats (he has two called Trudy and Vicky)