Supreme Court: contractual interpretation depends on a combination of text and context – OUT-LAW.com

Posted April 3rd, 2017 in contracts, indemnities, interpretation, news, Supreme Court by sally

‘The correct interpretation of a contract in England and Wales will depend on a range of factors, including the words of the contract and the context in which they are used, according to the UK’s highest court.’

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OUT-LAW.com, 3rd April 2017

Source: www.out-law.com

Recent Statutory Instruments – legislation.gov.uk

Posted April 3rd, 2017 in legislation by Verity

The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017

The Serious Crime Act 2015 (Commencement No. 7) Regulations 2017

The Public Sector Apprenticeship Targets Regulations 2017

The Legislative Reform (Private Fund Limited Partnerships) Order 2017

The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2017

The Immigration Skills Charge Regulations 2017

The North Wales Wind Farms Connection (Correction) Order 2017

The Electricity Supplier Payments (Amendment) Regulations 2017

The Public Guardian (Fees, etc.) (Amendment) Regulations 2017

The Local Authorities (Public Health Functions and Entry to Premises by Local Healthwatch Representatives) (Amendment) Regulations 2017

The Water Act 2014 (Consequential Amendments etc.) Order 2017

The Judicial Pensions (Amendment) Regulations 2017

Source: www.legislation.gov.uk

Judges once again avoid right to die issue – UK Human Rights Blog

‘Noel Douglas Conway, 67, is a victim of motor neurone disease. He has just been refused permission to seek judicial review of the criminalisation of physician-assisted suicide under the Suicide Act 1961. The High Court considered that Parliament has recently examined the issue following the Supreme Court decision in the 2014 Nicklinson case , and two out of three judges concluded that it would be “institutionally inappropriate” for a court to declare that s.2(1) of the Suicide Act was incompatible with the right to privacy and autonomy under Article 8 of the ECHR. Charles J dissented (and those who are interested in his opinion might want to look at his ruling last year in the case of a minimally conscious patient).’

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UK Human Rights Blog, 2nd April 2017

Source: www.ukhumanrightsblog.com

Local authorities launch legal action over plans to downgrade hospital – Local Government Lawyer

Posted April 3rd, 2017 in hospitals, judicial review, local government, news by sally

‘A group of local authorities have launched a judicial review challenge over what they described as a “confusing and flawed” consultation process on plans to downgrade services at a local hospital.’

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Local Government Lawyer, 31st March 2017

Source: www.localgovernmentlawyer.co.uk

BREXIT: UK government seeking time limited power to ‘correct’ post-Brexit statute book – OUT-LAW.com

Posted April 3rd, 2017 in bills, brexit, courts, EC law, legislation, news, parliamentary papers, repeals, time limits by sally

‘The UK government is seeking a time-limited power to “correct the statute book” by way of secondary legislation ahead of the country’s departure from the European Union.’

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OUT-LAW.com, 30th March 2017

Source: www.out-law.com

Just too much effort… Barnet and homeless applications – Nearly Legal

‘The Local Government Ombudsman has issued a quite withering decision on a complaint about Barnet Council’s failure to make a formal decision on repeated homeless applications by a homeless woman.’

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Nearly Legal, 30th March 2017

Source: www.nearlylegal.co.uk

Supreme Court: appeal classed as ‘proceedings’ in transitional cost recovery cases – OUT-LAW.com

Posted April 3rd, 2017 in agreements, costs, fees, insurance, news, solicitors, Supreme Court by sally

‘Transitional provisions allowing the recoverability of solicitors’ success fees and an after the event (ATE) insurance premium after April 2013 extend to where the policy is assigned, and where the case is later appealed, the Supreme Court has ruled.’

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OUT-LAW.com, 31st March 2017

Source: www.out-law.com

Law firms to be banned from touting for business in hospitals – Daily Telegraph

Posted April 3rd, 2017 in costs, hospitals, law firms, negligence, news, personal injuries by sally

‘Law firms will no longer be able to tout for business inside hospitals under plans unveiled by the NHS.’

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Daily Telegraph, 31st March 2017

Source: www.telegraph.co.uk

Fine for senior partner who “accidentally” discriminated against colleague on grounds of age and religion – Legal Futures

‘A senior partner who was found by an employment tribunal to have discriminated against, harassed and victimised a former equity partner at his firm, has been fined £2,000 by the Solicitors Disciplinary Tribunal (SDT), which found his culpability to be “low” as his behaviour had “just crossed the line into discrimination”.’

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Legal Futures, 3rd April 2017

Source: www.legalfutures.co.uk

Serious Fraud Office boss warns big names to play ball – or else – The Guardian

‘David Green, the director of the Serious Fraud Office, has warned that British businesses should not consider deferred prosecution agreements (DPAs) the “new normal” if they are caught misbehaving.’

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The Guardian, 2nd April 2017

Source: www.guardian.co.uk

‘Putting it bluntly madam, you are sex mad,’ judge tells woman jailed for group sex with underage boys – Daily Telegraph

‘A married mother-of-three who had sex with three underage boys has been branded a “dreadful mother” by a judge, a court heard yesterday.’

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Daily Telegraph, 31st March 2017

Source: www.telegraph.co.uk

Fewer prosecutions for death crash drivers – BBC News

Posted April 3rd, 2017 in charities, homicide, news, police, prosecutions, road traffic offences, statistics by sally

‘Prosecution and conviction rates for drivers who cause fatal road crashes are lower than they were five years ago, new figures show.’

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BBC News, 2nd April 2017

Source: www.bbc.co.uk

UK’s gender pay rankings will put discrimination under spotlight – The Guardian

Posted April 3rd, 2017 in disclosure, employment, equal pay, news, sex discrimination, statistics by sally

‘The naming and shaming of employers is welcome, but the fight for equal pay for women has just begun’

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The Guardian, 2nd April 2017

Source: www.guardian.co.uk

Child locked locked in bedroom by grandparents is taken into care – Daily Telegraph

‘A child was taken away from her grandparents and put into foster care after they locked her in her room overnight.’

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Daily Telegraph, 2nd April 2017

Source: www.telegraph.co.uk

Extremism in prisons to be tackled by specialist task force – BBC News

‘A specialist team of counter-terrorism experts aimed at tackling extremism in prisons is being launched on Monday.’

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BBC News, 2nd April 2017

Source: www.bbc.co.uk

28-day limit on police bail comes into force in the UK – The Guardian

Posted April 3rd, 2017 in bail, human rights, news, police, proportionality, time limits by sally

‘Police will face new curbs on their use of bail from Monday after coming under severe criticism for leaving people in legal limbo for months or even years.’

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The Guardian, 3rd April 2017

Source: www.guardian.co.uk

Giving up on (indirect) Discrimination Law – OUP Blog

‘Some readers might be surprised if told that one of the most significant cases on discrimination law generally, and race discrimination in particular, is likely to be decided by the Supreme Court before long. The UKSC heard the appeal against the Court of Appeal’s ruling in Home Office v Essop (2015) in December 2016. It is still to deliver its judgment. Readers can look up doctrinal niceties in a note on this case [132 Law Quarterly Review (2016) 35]. In this post, I wish to discuss its broader policy implications.’

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OUP Blog, 3rd April 2017

Source: www.blog.oup.com