New Act – legislation.gov.uk

Posted July 27th, 2016 in legislation by tracey

Supply and Appropriation (Main Estimates) Act 2016

Source: www.legislation.gov.uk

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Survivors must have a stronger voice in Goddard abuse inquiry – The Guardian

Posted July 27th, 2016 in news by sally

‘Justice Lowell Goddard will be unable to deliver justice or tackle child sex abuse if her inquiry sidelines survivors.’

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The Guardian, 26th July 2016

Source: www.guardian.co.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted July 27th, 2016 in legislation by tracey

The Civil Procedure (Amendment No. 3) Rules 2016

The Export Control (Libya Sanctions) Order 2016

The Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2016

The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016

The Childcare Payments (Amendment) Regulations 2016

The Childcare Payments (Eligibility) (Amendment) Regulations 2016

The Education (Pupil Registration) (England) (Amendment) Regulations 2016

The Home Loss Payments (Prescribed Amounts) (England) Regulations 2016

The Climate Change Act 2008 (Credit Limit) Order 2016

The Carbon Budget Order 2016

The Contracts for Difference (Miscellaneous Amendments) Regulations 2016

The Police (Amendment) Regulations 2016

The Nuclear Industries Security (Amendment) Regulations 2016

The Wireless Telegraphy (Licence Charges for the 900 MHz frequency band and the 1800 MHz frequency band) (Amendment and Further Provisions) (Amendment) Regulations 2016
The Pubs Code etc. Regulations 2016

The Warm Home Discount (Miscellaneous Amendments) Regulations 2016

The Criminal Justice Act 1988 (Offensive Weapons) (Amendment) Order 2016

The Pubs Code (Fees, Costs and Financial Penalties) Regulations 2016

Source: www.legislation.gov.uk

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The Simmons v Castle debate continues – Cloisters

Posted July 27th, 2016 in news by sally

‘Sarah Fraser Butlin considers the most recent EAT judgment on the issue in Olayemi v Athena Medical Centre.’

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Cloisters, 25th July 2016

Source: www.cloisters.com

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LGO urges action by council on planning complaint against predecessor body – Local Government Lawyer

Posted July 27th, 2016 in news by sally

‘The Local Government Ombudsman has issued a further report against Durham County Council in relation to a planning complaint involving a predecessor authority.’

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Local Government Lawyer, 26th July 2016

Source: www.localgovernmentlawyer.co.uk

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Reprimand for barrister who encouraged client to seek out damaging information about fellow counsel – Legal Futures

Posted July 27th, 2016 in news by sally

‘A barrister who encouraged a client to search online for damaging information about another member of the Bar, and then told her to deny that he had done so, has been reprimanded by a Bar disciplinary tribunal.’

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Legal Futures, 27th July 2016

Source: www.legalfutures.co.uk

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Inside the UK’s biggest prison – BBC News

Posted July 27th, 2016 in news by sally

‘By the end of this year, HMP Oakwood in Staffordshire will be the largest prison in the UK, with more than 2,000 inmates. Run by private firm G4S, Oakwood’s reputation was dented in 2014 when a wing in the prison was taken over by inmates. Sima Kotecha has been inside.’

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BBC News, 27th July 2016

Source: www.bbc.co.uk

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Five things you may have missed about the Chilcot inquiry – The Guardian

Posted July 27th, 2016 in news by sally

‘Much of the furore surrounding the Iraq war report focused on the failings of Tony Blair. But there were other, crucial findings that shouldn’t be ignored.’

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The Guardian, 26th July 2016

Source: www.guardian.co.uk

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Seaside arcade ordered to pay £300 to girl, 8, after refusing to give her prize – Daily Telegraph

Posted July 27th, 2016 in news by sally

‘A seaside amusement arcade has been ordered to pay back more than £300 to an eight-year-old girl because they refused to give her a prize.’

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Daily Telegraph, 26th July 2016

Source: www.telegraph.co.uk

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Tricky quantum case that grapples with PI claims involving multiple tortfeasers and disputes between experts – Cloisters

Posted July 27th, 2016 in news by sally

‘William Latimer-Sayer QC considers the case of XP V Compensa Towarzystwo SA v Przeyslaw Bejger [2016] EWHC 1728 (QB) in which Whipple J had to grapple with a number of tricky quantum issues.’

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Cloisters, 25th July 2016

Source: www.cloisters.com

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Prison’s gross failures contributed to death of inmate, inquest finds – The Guardian

Posted July 27th, 2016 in news by sally

‘A catastrophic series of failures contributed to the death of a prisoner, who died after setting fire to his cell, an inquest jury ruled.’

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The Guardian, 26th July 2016

Source: www.guardian.co.uk

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Divorced helicopter pilot who refuses to leave the marital home could be jailed – Daily Telegraph

‘A helicopter pilot who barricaded himself in the home he lost in his £6m divorce will be jailed if he does not get out of the property by next week.’

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Daily Telegraph, 27th July 2016

Source: www.telegraph.co.uk

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High court challenge could derail Labour leadership race – The Guardian

Posted July 27th, 2016 in elections, news, parliament, political parties, statistics by sally

‘Labour could be forced to reopen its nomination process for the leadership contest if a high court judge rules on Thursday that Jeremy Corbyn must have the support of his MPs to appear on the ballot.’

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The Guardian, 26th July 2016

Source: www.guardian.co.uk

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A part of inclusion? Disabled people and the right to a fair hearing – Cloisters

‘John Horan considers two recent cases that highlighted particular difficulties that disabled people face in obtaining a fair hearing before the courts. Both cases (Rackham v NHS Professionals Ltd and Galo v Bombardier Aerospace UK) provide a common-sense framework of considerations which a court or tribunal must bear in mind. The second, Galo, identifies the need for better training for judges and legal practitioners in Northern Ireland as to the requirements of disabled people.’

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Cloisters, 19th July 2016

Source: www.cloisters.com

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Relief from Sanctions Two Years after Denton: A Practical Views from the Bar – Littleton Chambers

Posted July 26th, 2016 in appeals, civil procedure rules, news, sanctions by sally

‘James Bickford Smith discusses judicial approaches to procedural default two years after the Court of Appeal’s decision in Denton v White Ltd and another, Decadent Vapours Ltd v Bevan and others and Utilise TDS Ltd v Davies and others [2014] EWCA Civ 906, and considers the challenges still facing practitioners and judges in dealing with applications for relief from sanctions.’

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Littleton Chambers, 20th July 2016

Source: www.littletonchambers.com

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Predictive coding – the current landscape – Hardwicke Chambers

‘Disclosure of documents is a significant driver of costs. Where the relevant documents are electronic, the problem is usually exacerbated. This is simply because the vast majority of documents are now created electronically and the proliferation and storage capacity of day-to-day IT equipment is such that the amount of information available may be enormous.’

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Hardwicke Chambers, 21st July 2016

Source: www.hardwicke.co.uk

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Declarations as to the validity of an arbitration agreement; has anything changed after HC Trading v Tradeland? – Hardwicke Chambers

Posted July 26th, 2016 in arbitration, contracts, jurisdiction, news by sally

‘Section 1(c) of the Arbitration Act 1996 (AA 1996) makes clear that in matters governed by Part I of the AA 1996, “the court should not intervene” except to the extent provided in the AA 1996 itself.’

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Hardwicke Chambers, 18th July 2016

Source: www.hardwicke.co.uk

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Unreasonable Conduct in the First-tier Tribunal – Hardwicke Chambers

Posted July 26th, 2016 in appeals, news, regulations, service charges, tribunals by sally

‘On 22 June 2016, the Upper Tribunal (Lands Chamber) gave judgment in three conjoined appeals concerning the proper interpretation of Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013; four members of Hardwicke appeared in the case. The appeals shared a number of facts: each arose out of a dispute over service charges payable under the lease of a flat; each concerned a dispute between a lessee and a tenant owned management company; and in each the award of costs was greater than the amount of service charge in issue in the proceedings.’

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Hardwicke Chambers, 14th July 2016

Source: www.hardwicke.co.uk

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Substituting a new mess for an old one? The Illegality Defence after Patel v Mirza [2016] UKSC 42 – Henderson Chambers

Posted July 26th, 2016 in appeals, defences, illegality, news, Supreme Court by sally

‘On 20 July 2016 the Supreme Court handed down judgment in Patel v Mirza [2016] UKSC 42. The effect of the majority’s decision is to over-rule Tinsley v Milligan [1994] 1 AC 340, which for more than two decades stood as authority for the “reliance test” applicable to the illegality defence. Under that test, where a claimant is obliged to rely on his own illegal act in support of his claim – be it in contract, tort or unjust enrichment – a defence of illegality could, subject to certain exceptions, successfully be established.’

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Henderson Chambers, 25th July 2016

Source: www.hendersonchambers.co.uk

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An (e)stopped clock is right twice a day: Is your engineer’s conduct a ticking time bomb? – Hardwicke Chambers

Posted July 26th, 2016 in construction industry, estoppel, news by sally

‘As the deluge of smash and grab adjudications continues to percolate through the construction industry, shrewd contractors are advancing more and more creative legal submissions as a way of reviving interim payment applications that have somewhere gone awry. Twice in the past year, the TCC has been addressed on the issue of whether a contractor can rely on an estoppel to resuscitate an interim application; and in one of those cases, that estoppel was created solely out of the actions of the contract administrator. Although the TCC has yet to fully articulate all of those situations in which the actions of the engineer or contract administrator are capable of giving rise to an estoppel, construction professionals would be wise to exercise a degree of caution and be wary of inadvertently bestowing such rights upon the contractor, much to the detriment of the employer.’

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Hardwicke Chambers, 21st July 2016

Source: www.hardwicke.co.uk

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