Issue: October 2021

Morrisons – equal pay

October 2021 | Employment

The large supermarkets are having a torrid time. Hot on the heels of the above case is the report that 2,300 Morrisons retail workers (once again, mostly women) have succeeded in their first step towards an equal pay claim. The ET has confirmed that the retail workers can rely on Morrisons distribution centre workers as …

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AML – more to be done

October 2021 | Professional

The Office for Professional Body Anti-Money Laundering Supervision (OPBAS) supervises the Professional Body Supervisors (PBSs) of the accountancy and legal sectors and it has produced a report which MLROs or those responsible for PCPs in firms should read. The Law Society, Cilex, CLC and SRA are included on the list of PBSs. The National Risk …

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Procedure – pilot schemes

October 2021 | Family

A new PD is now in force as of 13 September. PD 36x – pilot provision: proceeding by electronic means: certain proceedings for a matrimonial order directs the use of electronic means via the online divorce system by the petitioner’s legal representatives (using MyHMCTS). It is due to expire on 5 April 2022. There are …

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Transparency rules – again

October 2021 | Professional

Firms have been obliged to comply with the Transparency Rules since 6 December 2018. As practitioners will no doubt be fully aware, among other things this requires law firms to publish details about their price and services on their website. The SRA has carried out checks on law firms to establish the extent of compliance. …

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Insolvency restrictions – phased out

October 2021 | Commercial

The temporary insolvency restrictions introduced by the government as a response to the pandemic are being phased out. Companies in financial distress as a result of the pandemic have been protected from creditor action since June 2020, through the Corporate Insolvency and Governance Act 2020. This was to ensure that viable businesses affected by the …

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Children – habitual residence

October 2021 | Family

Which came first – Russian proceedings brought by M or the English proceedings brought by F? In this case, the CA disagreed with the trial judge’s ruling that the English proceedings were subject to the 1996 Hague Convention for the purposes of the lis pendens provisions in article 13. The general rule is that BIIa …

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Document disclosed – privilege waived

October 2021 | Professional

A recent HC case had to consider whether privilege had been waived when a barrister showed another barrister a draft witness statement. The background to the case is a complex and ongoing possession claim. The point at issue in this case revolved around the disclosure of a witness statement by counsel on behalf of the …

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Undertakings – continued

October 2021 | Conduct, practice and risk management

We reported on an important SC case on undertakings in our September 2021 edition. One of the most important elements of the status of an undertaking is the court’s inherent supervisory jurisdiction, the centre point of which is the court’s power of summary enforcement. The court’s jurisdiction may be invoked on an application to the …

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Jurisdiction – summary return; parens patriae

October 2021 | Family

M succeeded appealing an order dismissing her applications under the inherent jurisdiction for the summary return of her three children in Libya. The real question was whether the court should make an order for their return under the parens patriae jurisdiction. This is the principle that the Crown has an obligation as parens patriae to …

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Court fees – increase

October 2021 | Professional

It probably will not come as a surprise to many that, despite widespread opposition, the MoJ intends to increase some 129 court fees from 30 September 2021. The detail of the increases and income thresholds are contained in the annexes of the document, but some of the headlines are: filing an application for a divorce, …

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