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01 November 2024 / Stephen Gold
Issue: 8092 / Categories: Features , Procedure & practice , Civil way
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Civil way: 1 November 2024

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Sexual harassment law in; Evidence from abroad; Cladding clarifications; Court lists to look odder; FPR changes; The perils of statement drafting; And going to court!

SHIFT TO PREVENTION

The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force in England, Wales and Scotland on 26 October 2024 (see ‘Civil way’, 173 NLJ 8049, p17). The law on sexual harassment in the workplace is strengthened but not as far as had been intended. A duty is now on the employer to take reasonable steps to prevent it and a compensation uplift if a breach.

AROUND THE WORLD FOR WITNESSES

The Foreign Office has updated its guidance on taking and voluntarily giving video evidence from abroad in UK court and tribunal cases without losing the feed or being executed or banged up. The position in each country of which it has heard is summarised. Permission for giving evidence from France has not been forthcoming. Ditto Greece, Cambodia, Cuba and Egypt, but work is ongoing in seeking to obtain agreement

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NEWS
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NLJ this week: 40 years on, has PACE lost its edge?
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
NLJ this week: Stress-testing the City
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
NLJ this week: How sure is ‘sure’ enough?
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
NLJ this week: A deferred prosecution reprieve
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
NLJ this week: Mandelson, Epstein & the court of popular opinion
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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