Recent Statutory Instruments –

Posted March 24th, 2017 in legislation by tracey

The National Health Service (Mandate Requirements) Regulations 2017

The Gas and Electricity (Consumer Complaints Handling Standards) (Amendment) Regulations 2017

The Universal Credit (Tenant Incentive Scheme) Amendment Regulations 2017

The Limited Liability Partnerships (Reporting on Payment Practices and Performance) Regulations 2017

The National Health Service Trusts (Trust Funds: Appointment of Trustees) (Revocation) and the NHS Foundation Trusts (Trust Funds: Appointment of Trustees) (Amendment) Order 2017

The Immigration (Health Charge) (Amendment) Order 2017

The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017

The Reporting on Payment Practices and Performance Regulations 2017

The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2017

The Immigration and Nationality (Fees) (Amendment) Order 2017

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2017

The Financial Services and Markets Act 2000 and the Financial Services (Banking Reform) Act 2013 (Disclosure of Confidential Information) (Amendment) Regulations 2017

The Corporation Tax (Treatment of Unrelieved Surplus Advance Corporation Tax) (Amendment) Regulations 2017


Merrix v Heart of England NHS Foundation Trust – Litigation Futures

Posted March 24th, 2017 in budgets, civil procedure rules, costs, news by sally

‘The issue of costs budgets continues to occupy court time with The Honourable Mrs Justice Carr DBE the latest, and most senior, judge to give consideration to what, if any, weight an approved costs budget had when the bill of costs was the subject of a detailed assessment.’

Full story

Litigation Futures, 22nd March 2017


Councils struggle to meet duties under Children Act – Local Government Lawyer

Posted March 24th, 2017 in children, local government, news, statutory duty by sally

‘Some local authorities are no longer fulfilling their statutory duties to children and nearly nine out of ten local authorities are finding it “increasingly challenging”, according to a new report from the All Party Parliamentary Group on Children.’

Full story

Full report

Local Government Lawyer, March 2017


Relief from Sanctions: Simon Patterson (The Trustee in Bankruptcy of George Spencer) v George Spencer and Others [2017] EWCA Civ 140 – Zenith PI Blog

Posted March 24th, 2017 in appeals, bankruptcy, judgments, news, sanctions, striking out, time limits by sally

‘The Appellant (the sixth Defendant in proceedings regarding the bankruptcy of her father) sought relief from sanctions after her application for permission to appeal was struck out for failure to provide a transcript of the judgment.’

Full story

Zenith PI Blog, 21st March 2017


Lord Chancellor announces changes to personal injury compensation payments – Litigation Futures

Posted March 24th, 2017 in compensation, news, personal injuries by sally

‘On 27th February, Elizabeth Truss announced her decision to lower the Discount Rate from 2.5% to minus 0.75% in accordance with the law and in her capacity as independent Lord Chancellor.’

Full story

Litigation Futures, 23rd March 2017


Christina Lienen: Why the Implications of ‘No Deal’ Are No Mere ‘Exercise in Guesswork’ – UK Constitutional Law Association

‘Theresa May is to trigger Article 50 on 29 March 2017, kicking off the two-year negotiation period during which the relationship between the UK and the EU will be redefined. On 12 March the House of Commons Foreign Affairs Committee published their ninth report of the current session: ‘Article 50 negotiations: Implications of ‘no deal’’. This is the first Select Committee publication focusing specifically on the implications faced by the UK in the event of a ‘no deal’ situation, with reference to a range of different sectors, policy areas and circumstances. Last week the concerns raised in the report as to the Government’s position or rather the apparent lack thereof regarding ‘no deal’ implications seemed to be confirmed when the Secretary of State for Exiting the European Union made headlines telling the Brexit Select Committee that the Government had done no economic assessment of the possible effects of a “no deal” scenario. On 24 January 2017, similar remarks were made when Davis said that there were so many different things to assess, considering implications of ‘no deal’ would be ‘nothing more than an exercise in guesswork at this stage’. In this post I will highlight the most interesting points raised in the report which go to show that, contrary to what the Government suggests, it is actually both possible and vital to assess what areas require particular attention and what challenges this would bring. Beyond the question of ‘no deal’ implications, there are various aspects that the report touches upon which would benefit from academic discussion.’

Full story

UK Constitutional Law Association, 24th March 2017


Latest draft legislation on interest restriction more helpful for infrastructure and real estate, says expert –

Posted March 24th, 2017 in bills, construction industry, interest, news, taxation by sally

‘Amended draft legislation to restrict tax relief for interest payments includes changes to a new ‘public infrastructure’ exemption which will be helpful for infrastructure and real estate companies, according to a tax expert.’

Full story, 21st March 2017


Rendition: government evidence to be heard in secret in UK for first time – The Guardian

Posted March 24th, 2017 in closed material, news, rendition by sally

‘Government evidence in a rendition case will be heard in secret for the first time following a high court ruling.’

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The Guardian, 23rd March 2017


Master validates party’s defective delivery of part 36 withdrawal because of new discount rate – Litigation Futures

Posted March 24th, 2017 in news, part 36 offers, personal injuries, service by sally

‘A High Court master has allowed a party’s bid to withdraw a part 36 offer ahead of the new discount rate coming into force on Monday, even though they used a defective method to deliver it.

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Litigation Futures, 23rd March 2017


Taking the Queen’s Shilling: the implications for religious freedom of religions being registered as charities – Law & Religion UK

Posted March 24th, 2017 in charities, human rights, news by sally

‘There have been concerns recently about whether religions might have religious doctrines and practices challenged if they are registered as charities. This article looks at possible grounds to challenge the Charity Commission, including the common law principles of non-justiciability, charity law (the definition of religion and public benefit) and human rights.’

Full story

Law & Religion UK, 21st March 2017


Supreme Court hold law firm not liable for client’s commercial misjudgement – Legal Futures

Posted March 24th, 2017 in drafting, loans, negligence, news, solicitors, Supreme Court by sally

‘The Supreme Court has upheld a ruling that a law firm which had been negligent in drawing up a loan facility agreement was not legally responsible for their client’s decision to actually make the loan.’

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Legal Futures, 23rd March 2017


Mayfair window crush death: Kelvin Adsett guilty of manslaughter – BBC News

Posted March 24th, 2017 in health & safety, homicide, news by sally

‘A man has been convicted over the death of a woman who was crushed by window frames weighing more than half a tonne.’

Full story

BBC News, 23rd March 2017


Jeremy Bamber still waits for the evidence that might clear his name – The Guardian

Posted March 24th, 2017 in complaints, disclosure, evidence, news, police by sally

‘Thirty years on, Essex police continue to withhold crucial material related to one of Britain’s most infamous criminal cases.’

Full story

The Guardian, 24th March 2017