The Court of Appeal has considered the question of whether it is fair and appropriate for a Court of Protection Judge to visit the person who lacks mental capacity and about whom the Judge is being asked to make a best interest’s decision. In the case of Re AH (2021) Mr Justice Hayden, who is a High Court Judge and the Vice President of the Court of Protection, visited AH in hospital after the hearing had concluded and before giving judgment ...
On December 9, 2021, the Safer Federal Workforce Task Force issued a new statement regarding the court orders enjoining implementation of the federal contractor vaccine mandate ...
A tech entrepreneur recently publicly condemned men who opt to take longer periods of paternity leave. It is crucial that this outdated narrative is dispelled to ensure greater equality in relation to maternity, paternity and other types of parental leave. A prominent US entrepreneur recently branded men that take six months paternity leave “losers” and claimed that the “correct masculine response” is for men to work harder to provide for their children ...
In a statement last week, the justice secretary, Dominic Raab, warned that parents who bring vexatious claims to the family courts will face financial penalties. The policy is part of plans currently being drawn up by the government to introduce new incentives and disincentives to “spare children the trauma of seeing their parents fight it out in court” ...
As we draw to the end of 2021, Lauren Bholé and Lizzie Lord reflect on some of the HR challenges faced by many companies over the past 12 months. 1. Employees wanting a change in career – the ‘great resignation’ A study by Microsoft found that 41% of the global workforce is considering leaving their employer this year ...
On 12 May 2021, Prime Minister Boris Johnson committed to holding a Public Inquiry into COVID-19 that will place "the state's actions under the microscope". Demonstrating that it is independent, objective and fair is fundamental to an Inquiry’s purpose. We take a look at the extent to which the State can effectively examine itself in a Public Inquiry when it has ultimate responsibility for determining the remit, and therefore inevitably the scope of any conclusions ...
On Tuesday, December 7, 2021, in The State of Georgia, et. al. v. Biden, et. al., Case No. 1:21-cv-163, a federal district court judge in the United States District Court for the Southern District of Georgia issued a preliminary injunction enjoining enforcement of the vaccine mandate for federal contractors and subcontractors in all covered contracts in any state or territory of the United States. This injunction is nationwide and states that it applies to all federal contractors ...
Biogen International GMBH v. Mylan Pharmaceuticals Inc., Appeal No. 2020-1933 (Fed. Cir. Nov. 30, 2021) For the second time in two weeks, our Case of the Week focuses on the written description requirement, in particular where the patent claims a range. In fact, all three precedential decisions issued this week concern issues relating to patents that claim numerical ranges. Below, we discuss two of those cases in our “Also This Week” section ...
On Nov. 30, 2021, the U.S. Supreme Court heard oral arguments from a coalition of hospital plaintiffs who are challenging Medicare’s nearly 30% reduction in outpatient drug reimbursement rates for 340B Program-participating hospitals ...
This inBrief examines the latest amendments to the Bankruptcy Law (Federal Decree Law No. 9 of 2016, as amended) introduced under Federal Decree Law No. 35 of 2021 (the New Law) and their impact on the personal liability of the board of directors and managers of bankrupt companies. The New Law came into effect on 1 November 2021. In contrast with earlier amendments to the Bankruptcy Law (such as Federal Decree Laws No. 23 of 2019 and No ...
The High Court has dismissed 28 divorce petitions after finding that the particulars of behaviour were ‘absolutely identical’ to each other. Every marriage is different, but in the recent case of Celine-Shelby v Yorston, the courts were confronted with 28 divorce applications from 28 different people, all seemingly based on the same reasons ...
On November 24th, 2021, Law No. 21,391 introducing in the Labor Code a new article 206 bis, was published in the Official Gazette. This article establishes the employer’s obligation to offer remote work or teleworking to certain employees, in the event a state of catastrophe due to public calamity or a health alert due to an epidemic or pandemic because of a contagious disease is declared ...
The Employment (Amendment) Bill 2021 (“the Bill”) was tabled for its first reading on 25 October 2021, seeking to amend the Employment Act 1955 (“the Act”). In this update, Vijayan Venugopal, Grace Chai and Nur Najehah set out the key changes that the Bill proposes to introduce and analyse the potential impact of such proposed amendments ...
In the final instalment in our series of articles looking at whistleblowing claims, we look at types of whistleblowing claims and their potential remedy at an employment tribunal. Previously we looked at what amounts to a protected disclosure, how clear and effective policies in place helps employers to handle protected disclosures and the handling of complaints confidentially and/or anonymously ...
On Tuesday, November 30th, the United States District Court for the Eastern District of Kentucky issued a preliminary injunction halting the government's enforcement of the federal contractor vaccine mandate on federal contractors and subcontractors in Kentucky, Ohio, and Tennessee. A copy of the decision is attached ...
On Tuesday, November 30th, the United States District Court for the Eastern District of Kentucky issued a preliminary injunction halting the government's enforcement of the federal contractor vaccine mandate on federal contractors and subcontractors in Kentucky, Ohio, and Tennessee. A copy of the decision is attached ...
We are looking for a junior associate with knowledge and experience in dispute resolution and litigation to join our growing practice. Careers Kudun and Partners Founded in 2015, Kudun and Partners is a modern and forward-thinking law firm with a vision for a more client-focused way of practicing ...
On 1 December 2021, the Ministry of Labour and Vocational Training (“MLVT”) issued Notification 058/21 on Extending the Deadline for the 2022 Foreign Employee Quota Application (“Notification”). Through the Notification, the MLVT has delayed the submission deadline for 2022 foreign employee quota applications until 31 January 2022, being two months after the original deadline ...
As November drew to a close, two district courts changed the landscape for healthcare employers who were working towards the December 5 deadline to implement the CMS Interim Final Rule’s vaccination mandate. On November 29, a federal district court in Missouriissued a preliminary injunctionenjoining the Government from imposing and enforcing the CMS IFR ...
The Centers for Medicare and Medicaid Services' (CMS) vaccine mandate (Mandate)[1] has been preliminarily enjoined[2] on a nationwide basis due to a Nov. 30, 2021, decision by Judge Terry A. Doughty of the Western District Court of Louisiana, Monroe Division. Among other conclusions, Judge Doughty stated that mandating vaccination of health care workers should be done by Congress, not a government agency, although he also questioned whether even Congress had such authority ...
Our Shoospeak HR podcast welcomes special guest Jonathan Naylor (Partner in the Shoosmiths' employment team) to discuss trade union communication strategies ...
The national minimum wage is the prescribed minimum hourly rate of pay that employers are required to pay to most workers. Ensuring the minimum wage is paid correctly can be tricky and errors can lead to damaging and costly consequences for employers. Calculating the correct minimum wage is not just about adding up the pennies ...
No fault divorce is due to come into effect in England and Wales on 6 April 2022. From this date couples will be able to get divorced without one person needing to lay blame on the other. This change will also apply to civil partnership dissolution ...
