LIMITATION ACT & PROPERTY OBTAINED IN BREACH OF TRUST

Burden Holdings (UK) Ltd v Fielding & Another, see here for the full judgment, concerned the interpretation of section 21(1)(b) of the Limitation Act 1980 by the Supreme Court. Section 21 as a whole states: "21.- Time limit for actions in respect of trust property. (1) No period of limitation prescribed by this Act shall apply to an action by a…

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James Damore; views on biological differences amount to sexual harassment, according to NLRB

Further to my last post on the James Damore lawsuit against Google, last week, the National Labour Relations Board (a government body) released their legal opinion on Damore's termination by Google. They concluded that the termination was lawful and that the expression of Damore's views, that there are certain aggregate differences between men and women, which are due biology, amounted to harassment.  This was despite…

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THE MACPHERSON REPORT 19 YEARS ON

19 years ago today, the Macpherson Report, which followed the MacPherson Inquiry into the murder of Stephen Lawrence, was published.  The mainstream media were virtually if not entirely, unanimous in accepting that the Macpherson Inquiry, had proved the existence of 'institutional racism' in the police and wider society. See here for an academic paper with a different perspective.  It is important to look at the detail;…

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Another Chance to Sign the Free Speech Petition

Here is a link to the petition calling for an end to so called hate speech laws.  I am referring to it again because the petition appears to be losing momentum and I would like to see it reach the threshold of 100,000 signatures, which would trigger a debate in Parliament.  These petitions expire after 6 months and this one was created in…

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Further chilling development on the restriction of free expression

In a chilling development since my last post about the police warning the public not cause offence, see here, Suffolk Police have visited the home of a former Councillor, a Mr Boxford, to offer him ‘words of advice’ about his social media use, see here. The posts involved robust criticism of local politicians.  Suffolk police said: “Concerns were raised with…

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Petition to end ‘hate speech’ laws.

Here is a link to a petition to end ‘hate speech’ laws.  At the time of writing the petition has circa 17,000 signatories and the Government have responded.  Their response can be seen via the attached link and is reproduced below. “Current UK legislation values free speech and enables people who wish to engage in debate to do so -…

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Guarantees & Indemnities in Construction Contracts

A guarantee requires the guarantor to satisfy the obligations of one of the primary parties to a contract.  The beneficiary of a guarantee will have establish their actual loss resulting from the default of the primary party, net of any set off, in order to call on the guarantee. By contrast an indemnity requires the beneficiary of the same to be held harmless…

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POLICE TELL PUBLIC NOT TO CAUSE OFFENCE

Previously I have written an article setting out my philosophical objections to so called ‘hate speech’ laws, see here. In that article, I opined that such laws had a chilling effect on free speech because they were based on the nebulous concept of ‘hate’; even if certain speech does not infringe such laws, the police and the public may err…

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Google Faces Lawsuit

Two former Google employees, James Damore and David Gudeman have filed a Lawsuit against Google.  See here for a copy of the document.  James Damore was dismissed from his position at Google because of a memo titled ‘Google’s Ideological Echo Chamber’ (which is exhibited to the Lawsuit).  The memo  criticised his then employer’s ‘diversity’ policy and suggested that women’s underrepresentation in the science…

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Burden of Proof To Be Lowered in Barrister Disciplinary Proceedings

The Burden of Proof is due to be lowered in barrister disciplinary proceedings.  Currently the burden of proof for professional misconduct hearings for barristers, is the criminal standard, namely beyond reasonable doubt.  The burden is due to be lowered to the civil standard, namely the balance of probabilities. The change is subject to approval from the Legal Services Board.  If approved…

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