‘The High Court delivered judgment last Friday in Fresca-Judd v Golovina, a test case raising important questions on tenants’ liability for damage to property. Katrina Mather assisted with this case during her twelve month pupillage, and has set out a useful summary of the case, and the issues that flow from it.’
Hardwicke Chambers, 11th February 2016
Source: www.hardwicke.co.uk
‘Google the decision in Henia Investments Inc v Beck Interiors Ltd and you will find a raft of articles championing the decision as adding yet further weight to the argument that payment applications submitted by the “payee” must be clear and unambiguous.’
Hardwicke Chambers, 3rd February 2016
Source: www.hardwicke.co.uk
‘The TCC determined that an ambiguous set of accounts sent by email were not a valid application for interim payment, with the result that the corresponding payless notice had been issued in time. The case serves as a reminder to contractors that the substantial benefits of the HGCRA payment provisions come with the clear obligation to make the nature and content of any application for interim payment obvious to an employer, or else the courts will likely find such an application to be invalid.’
Hardwicke Chambers, 3rd February 2016
Source: www.hardwicke.co.uk
‘The TCC had to determine whether an interim payment application made 6 days before the specified contractual date was rendered invalid for being too early. The key issue was whether it was possible that consistent failures to adhere to the contractual payment provisions would create an estoppel which would prevent an out of time payment application from being found invalid. Although Edwards-Stuart J found that it was arguable there was an estoppel for applications made a few days after the contractual date, there was no such estoppel for applications made early and so the application was found to be invalid.’
Hardwicke Chambers, 3rd February 2016
Source: www.hardwicke.co.uk
‘The TCC had to determine whether an interim application for payment made by a contractor was valid where it was ambiguous which payment date the application had been made for. Akenhead J determined that this ambiguity would be construed against the contractor and in favour of the employer, with the result that the contractor could not reap the benefit of his own valuations becoming the sum due without having made absolutely clear to the employer the nature and purpose of each application.’
Hardwicke Chambers, 3rd February 2016
Source: www.hardwicke.co.uk
‘For litigants and property practitioners alike the FFT Property Chamber Land Registration has a number of advantages; not least no tribunal fees and a free mediation service. However the recent case of Murdoch & or v Amesbury & or [2016] UKUT 3 (TCC) is a timely reminder that the tribunal is not simply an alternative for the county court.’
Hardwicke Chambers, 11th February 2016
Source: www.hardwicke.co.uk
‘It is reassuring to know that someone, somewhere, has taken the time and effort to apply precision and ingenuity of parliamentary draftsmanship in order to define, at least for the purposes of the FWMA 2010 if no other, what is meant by a flood (and what is not).’
Falcon Chambers, 26th January 2016
Source: www.falcon-chambers.com
‘The Guardian has been granted unprecedented access to two prisons to see the impact of funding cuts. In the first of two reports, Amelia Gentleman finds broken windows and bored inmates at the UK’s most overcrowded jail.’
The Guardian, 22nd February 2016
Source: www.guardian.co.uk
‘Rachel Barrett discusses Kennedy v Cordia (Services) LLP, in which the Supreme Court has given detailed and practical guidance on the admissibility and use of expert evidence in the course of a judgment concerning the remit of employers’ duties to take care for their employees’ safety at work.’
Cloisters, 10th February 2016
Source: www.cloisters.com
‘The government is re-examining its policy on transgender inmates following the death of two trans women at all-male prisons in the UK. Transphobic hate crime is on the rise. Discriminatory stop & search continues.
LSE invites you to ‘Trans in the Criminal Justice System’, a panel discussion on the challenges faced by trans people and how the criminal justice system should be reformed. Audience participation is strongly encouraged, so please do come prepared to ask questions. ‘
Date: 5th March 2016, 1.15pm
Location: Sheikh Zayed Theatre – LSE New Academic Building. 54 Lincoln’s Inn Fields, London WC2A 3LJ
Charge: Free, registration required
More information can be found here.
‘CPS lawyers have been criticised for failing to engage effectively with defence practitioners amid efforts to reduce delays in magistrates’ courts.’
Law Society’s Gazette, 22nd February 2016
Source: www.lawgazette.co.uk
‘The High Court has approved the first application to transfer a case started in the normal way into the shorter trials scheme (STS).’
Litigation Futures, 23rd February 2016
Source: www.litigationfutures.com
‘Sir Stephen Bubb, author of a report into the Winterbourne View scandal, has called on the Government to appoint a Learning Disabilities Commissioner.’
Local Government Lawyer, 22nd February 2016
Source: www.localgovernmentlawyer.co.uk
‘A jealous new bride who “perhaps quite liked the idea of being Mrs Edwards, a solicitor’s wife” fatally stabbed her husband after he was told he was being made redundant, a court has heard.’
The Independent, 22nd February 2016
Source: www.independent.co.uk
‘The ease with which businesses will be able to win interim injunctions to defend against rivals’ infringements of their patents will be influential in determining whether companies engage with the new Unified Patent Court (UPC).’
OUT-LAW.com, 22nd February 2016
Source: www.out-law.com
‘Daniel Curran, star of Heir Hunters, has been ordered to disclose documents relating to defamatory allegations made against his rival.’
Daily Telegraph, 23rd February 2016
Source: www.telegraph.co.uk
‘UK citizens are being forced into exile by the Home Office’s “irrational and absurd” minimum-income visa requirements, with some couples having no hope of ever being able to live together in Britain, the supreme court has heard.’
The Guardian, 22nd February 2016
Source: www.guardian.co.uk
‘Ahead of a supreme court challenge to the minimum income requirement for partner visas, three couples discuss their situation.’
The Guardian, 21st February 2016
Source: www.guardian.co.uk
‘A man who sexually attacked two women in front of their young children has been given a life term for rape.’
The Independent, 23rd February 2016
Source: www.independent.co.uk
‘Victims of people trafficking who are pregnant or have children have had their needs “systematically overlooked” in the UK, a report has suggested.’
BBC News, 23rd February 2016
Source: www.bbc.co.uk
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