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Bloomsburry Family law


Macdonald v Advocate General for Scotland; Pearce v Governing Body of Mayfield School [2003] UKHL 34

Human Rights - Homosexuals - Homosexual man dismissed by RAF - Lesbian school teacher subjected to homophobic abuse by pupils - Discrimination on ground of sex meant on ground of gender not of sexual orientation - Proper comparator was person of opposite sex who was also homosexual - Sexual harassment did not of itself constitute sex discrimination - Appellants failed to establish harassment on ground of sex - School’s failure to protect from harassment did not constitute sex discrimination - Appellant could not rely on breach of convention rights because conduct occurred before Human Rights Act 1998 - Sex Discrimination Act 1975, ss 1(1)(a), 5(3)

Attorney-General’s Reference (No 106 of 2002) Sub Nom R v Nigel Robert Hall

Criminal Procedure - Sexual offences - Sexual intercourse with a girl under 13 years old - Defendant instigated the meetings and intercourse - No condom used - Defendant would have continued if not discovered by victim’s brother - Sentence of 12 months unduly lenient - Sentencing Advisory Panel guidelines relevant - Sentence of two and a half years appropriate

Vento v Chief Constable of West Yorkshire Police [2002] EWCA Civ 1871

Employment Tribunals - Practice and procedure - Awards - Applicant awarded compensation for unlawful sex discrimination - Employment Tribunal assessment of 75 per cent chance of applicant remaining in employment until retirement age correct - Award of £65,000 for injury to feelings excessive - Injury to feelings distinct from assessing compensation for psychiatric or similar personal injury - Correct approach in assessing compensation for injury to feelings

R v Sekhon

Criminal Procedure - Confiscation orders - Postponement - Failure to adhere to procedure - Confiscation orders set aside - Postponement fundamental to exercise of jurisdiction to make confiscation orders - Criminal Justice Act 1988, ss 71, 72 - Criminal Justice Act 1993, ss 27 to 35 - Proceeds of Crime Act 1995, ss 1 to 10