Recent Statutory Instruments –

Posted April 27th, 2017 in legislation by Verity

The Greater Manchester Combined Authority (Functions and Amendment) Order 2017

The Combined Authorities (Finance) Order 2017

The International Tax Compliance (Amendment) Regulations 2017

The Tax Credits (Claims and Notifications) (Amendment) Regulations 2017

The Environmental Impact Assessment (Land Drainage Improvement Works) (Amendment) Regulations 2017

The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017

The Water Resources (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2017

The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017

The Employment and Support Allowance (Miscellaneous Amendments and Transitional and Savings Provision) Regulations 2017

The Designation of Schools Having a Religious Character (England) Order 2017

The Major Sporting Events (Income Tax Exemption) Regulations 2017

The Social Security (Miscellaneous Amendments No. 3) Regulations 2017

The Child Benefit (General) (Amendment) Regulations 2017

The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017

The Education (Postgraduate Master’s Degree Loans) (Amendment) Regulations 2017

The Horserace Betting Levy Regulations 2017


EVENT: UCL – Abortion in the Twenty-First Century: Moral, Legal, and Cultural Dimensions

Posted April 27th, 2017 in Forthcoming events by sally

‘The event will begin with brief comments by both authors about the central ideas of their respective books. About Abortion confronts the question of why so much of United States politics and society is concerned with the abortion issue. Arguments about Abortion centres on the moral and legal permissibility of terminating pregnancy, and the relevance of arguments about foetal personhood for that question.’

Date: 17th May 2017, 5.30pm

Location: UCL Sir Ambrose Fleming LT, Roberts Building, Torrington Place, London WC1E 7JE

Charge: Free, registration required

More information can be found here.

EnergySolutions EU Ltd (now ATK Energy EU Ltd) v Nuclear Decommissioning Authority – WLR Daily

EnergySolutions EU Ltd (now ATK Energy EU Ltd) v Nuclear Decommissioning Authority [2017] UKSC 34

‘A company was unsuccessful in its bid in a tender process carried out by a public authority for a contract which fell within the ambit of Parliament and Council Directive 2004/18/EC (“the Public Procurement Directive”) and Council Directive 89/665/EEC , as amended, which provided for remedies for unsuccessful applicants (“the Remedies Directive”) and which had been given effect to in England and Wales by the Public Contracts Regulations 2006, as amended. The Regulations provided that, after notification of the contracting authority’s decision to award the contract, there would be a ten-day standstill period prior to the actual award of the contract during which time an unsuccessful bidder could issue proceedings to challenge the award. The issuing of proceedings would trigger automatic suspension of the contract award until the challenge was determined or otherwise disposed of, although the court had power to require a cross-undertaking from that party to cover the authority’s losses from not entering into the contract with its preferred bidder. Regulation 47D(2), as inserted, however, allowed for a period of 30 days for the issuing of any proceedings, with regulation 47J(2)(c), as inserted, making provision for an award of damages to the unsuccessful bidder if the court found a breach of duty after the contract had been entered into. The company, having been notified that it was an unsuccessful bidder, expressed its concerns with the procurement process but did not issue proceedings until after the expiry of the standstill period, albeit within the 30-day period. On a trial of preliminary issues, where the authority relied on Court of Justice authority which imposed minimum conditions for claims for breaches of an European Union law right, including that the breach had to be “sufficiently serious”, the judge stated that (i) there was nothing in the Remedies Directive which limited the company to recovery of damages on that basis, and (ii) ordinary principles of English law applied to any award of damages under the 2006 Regulations and so the Court of Justice’s rule would not limit the recovery of damages to “sufficiently serious” breaches of the 2006 Regulations. He declined to make any ruling on a third issue, whether the company’s failure to start proceedings within the standstill period and before the authority had entered into the contract meant that it was not entitled to damages, since it could have acted within the ten-day period to prevent the claimed loss from occurring by causing a suspension of the award of the contract to the successful bidder. On the authority’s appeal on the first two issues the Court of Appeal held that the minimum conditions for an award of damages for breach of an European Union law right had been established by the Court of Justice and so article 2(1)(c) of the Remedies Directive only called for an award of damages where the breach was sufficiently serious, but upheld the judge’s decision that there was no such constraint under the 2006 Regulations, and, on an appeal by the company on the third issue, accepted its submission that the judge ought to have decided as a matter of domestic law that it could not be deprived of damages simply because it had failed to avail itself of the opportunity under the 2006 Regulations to issue the proceedings in time to stop the contract being awarded. The authority appealed on the second and third issues, with the company arguing in relation to the first issue that damages could be awarded under article 2(1)(c) for any breach, whether serious or not. After the hearing the parties reached a settlement of the disputes between them in relation to liability and quantum but requested that the court hand down its judgment on the appeal in any event.’

WLR Daily, 11th April 2017


Tees Esk & Wear Valleys NHS Foundation Trust v Harland – WLR Daily

Tees Esk & Wear Valleys NHS Foundation Trust v Harland UKEAT/173/16

‘The claimants, nursing assistants, were employed by the trust as part of a designated team of 27 people providing specialist care to C, who had severe learning difficulties, in his flat. When C’s condition improved and fewer carers were needed to look after him the team was reduced to 11 people, who also provided care to other disabled people living in flats in the same building. The contract to provide care to C was subsequently taken over by a healthcare company and the trust nominated those members of the team who had spent the greatest proportion of their working time looking after C to transfer to the company. The claimants were unwilling to transfer and left to take other posts or were made redundant. On their complaints of unfair dismissal an employment judge considered as preliminary issues whether there was a relevant transfer within the meaning of regulation 3(1) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 and whether the claimants had been assigned to an organised grouping of employees prior to the transfer, such that there had been a service provision change in accordance with regulation 3(1)(b). The tribunal found that the trust had initially put together an organised grouping of employees which included the claimants with the principal purpose of the care of C but as C recovered and the number of hours needed for his care was reduced the principal purpose of the group became subsidiary to the dominant purpose of providing care to other disabled people in the building and, accordingly, at the time of the transfer from the trust to the company the requirements of regulation 3(3)(a)(i) were not satisfied and there was no service provision change. The tribunal concluded that as there was no relevant transfer the claimants had been at all times employed by the trust.’

WLR Daily, 3rd March 2017


Fuller (Part 20 claimant) v Kitzing and another (Part 20 defendants) – WLR Daily

Posted April 27th, 2017 in game laws, law reports, sport by sally

Fuller (Part 20 claimant) v Kitzing and another (Part 20 defendants) [2017] EWHC 810 (Ch)

‘The Part 20 claimant was freehold and long leasehold owner of a substantial property and some 30 acres of surrounding land. The Part 20 defendant was the owner of sporting rights over the Part 20 claimant’s land. The Part 20 claimant sought a declaration those rights did not authorise the Part 20 defendant preserve and rear game on his land because that went beyond any recognised profit or ancillary right, still less did the sporting rights authorise her to introduce poults (or young pheasants) onto his land. The court ordered the trial of a number of preliminary issues, including whether there was a legally recognised profit à prendre to preserve and rear game on another person’s land.’

WLR Daily, 27th March 2017


In re Amin Abdulla v Whelan and others – WLR Daily

Posted April 27th, 2017 in bankruptcy, landlord & tenant, law reports, leases, rent by sally

In re Amin; Abdulla v Whelan and others [2017] EWHC 605 (Ch)

‘At the time of a bankruptcy order made against him, the bankrupt held a property with another person under the terms of an underlease for a term expiring on 31 July 2018. The trustee in bankruptcy served a notice of disclaimer under section 315 of the Insolvency Act 1986 disclaiming all of its and the bankrupt’s interest in the leasehold property under the terms of the underlease. The trustee, supported by the landlords, contended that the notice of disclaimer did not end the legal estate in the underlease and that the bankrupt’s estate remained liable for the payment of the rent until the expiry of its term. A person claiming to be one of the bankrupt’s creditors contended that the notice of disclaimer disclaimed all of the bankrupt’s interest in the underlease and that the bankrupt’s estate was liable for no further rent after the disclaimer. Judgment was given in favour of the trustee and landlords.’

WLR Daily, 20th April 2017


DW and another v CG – WLR Daily

Posted April 27th, 2017 in bankruptcy, divorce, financial provision, matrimonial home, news by sally

DW and another v CG [2016] EWHC 2965 (Fam)

‘On the dissolution of their marriage a husband and wife had resolved their respective financial remedy claims by way of a final consent order made in 2009 (“the 2009 order”), which required the husband to make a significant lump sum payment to the wife in a series of instalments. The order further contained provision entitling the wife to sell a number of properties, held in the husband’s sole name, should the husband default on payment and a right for the wife to continue to reside in one of those properties (“the property”) until payment by the husband of the final lump sum instalment. The husband failed to pay the final instalment and, in 2010, the court made an order for sale of the property with the outstanding interim payment to be provided to the wife from the net proceeds of sale. That order was never implemented and in 2011 bankruptcy proceedings were commenced against the husband. The wife registered a restriction against the property before the husband was made bankrupt in 2012. Following an initial agreed period of inactivity in the family proceedings the husband and his new partner were both discharged from bankruptcy in 2013. In 2014 they both entered into a settlement agreement to purchase any interest their estates in bankruptcy “may” have had in respect of the properties and other assets and, between themselves, entered into a declaration of trust in relation to the property with the apparent effect of frustrating the wife’s claim. The wife recommenced her application for sale of the property and such an order was duly made with the requirement that the net proceeds of sale be paid in to court. The husband was then invited by the court to make representations as to why the wife should not receive the final instalment from the net proceeds of sale. He contended, inter alia, that the terms of the 2009 order had never created an equitable interest in the property in the wife’s favour and consequently there was no basis on which the court could go further and consider whether that interest fell outside of, or how it was effected by, his bankruptcy. The husband and his new partner appealed against the decision that the wife was entitled to receive her outstanding instalment payment from the net proceeds of sale.’

WLR Daily, November 2016


Blockchain technology will be “game changer” in conveyancing – Legal Futures

‘Blockchain-backed ‘smart contracts’ will be a “game changer” in property transactions, increasing certainty for buyers and sellers as well as speeding up the house-buying process, it has been claimed.’

Full story

Legal Futures, 26th April 2017


Campaigners to crowd fund judicial review of partial hospital closure – Local Government Lawyer

Posted April 27th, 2017 in consultations, costs, hospitals, judicial review, legal aid, news by sally

‘A crowdfunding campaign to judicially review a partial hospital closure in Devon has won backing from Honition Town Council’

Full story

Local Government Lawyer, 26th April 2017


Corporate interest restriction cut from pre-election UK Finance Bill –

Posted April 27th, 2017 in amendments, bills, corporation tax, elections, interest, news by sally

‘The legislation to introduce restrictions on corporation tax deductions for interest payments will not be included in the UK Finance Bill that will become law before the general election. The government tabled amendments to the bill withdrawing most of its provisions before it went through the remaining House of Commons stages on 25 April.’

Full story, 27th April 2017


Robert Hazell: Is the Fixed-term Parliaments Act a Dead Letter? – UK Constitutional Law Association

‘The ease with which Theresa May was able to secure an early dissolution last week has led to suggestions that the Fixed-term Parliaments Act 2011 serves no useful purpose and should be scrapped. Drawing on wider evidence of how fixed-term parliaments legislation works in other countries, Robert Hazell argues that there is a danger that it is being judged prematurely, on the basis of a single episode. Future circumstances in which a Prime Minister seeks a dissolution may be different, and in these cases the Fixed-term Parliaments Act may serve as more of a constraint.’

Full story

UK Constitutional Law Association, April 2017


The Tribunal’s enforcer – Nearly Legal

Posted April 27th, 2017 in enforcement, housing, injunctions, news, tribunals by sally

‘In Octagon Overseas Ltd and Canary Riverside Management Ltd v Coates [2017] EWHC 877 (Ch), the First-tier Tribunal appointed Mr Coates as the manager of Canary Riverside (a development comprising, amongst other things, four blocks of residential apartments of which Octagon were the freehold owners) under s.24, Landlord and Tenant Act 1987. As part of its order it required that Canary Riverside Management Ltd must, amongst other things, provide copy documents (accounts, invoices, etc) to Mr Coates. Mr Coates contended that this order had not been complied with and brought a claim in the County Court for an injunction against Canary Riverside Management Ltd seeking to enforce the management order. The County Court made an injunction, with a penal notice attached, restraining Canary Riverside Management Ltd from
1. Changing any locks to the premises;
2. Removing any property from the premises;
3. Interfering with the manager’s exercise of his obligations under the management order.’

Full story

Nearly Legal, 26th April 2017


Soldier jailed for stalking and murdering ex-girlfriend Alice Ruggles – The Guardian

Posted April 27th, 2017 in armed forces, murder, news, sentencing, stalking by sally

‘The mother of a young woman murdered by an obsessive ex-boyfriend urged other victims of stalking to speak out and not suffer in silence as her daughter’s killer was jailed for life. Alice Ruggles, 24, who worked for the broadcaster Sky, was stabbed with a carving knife by LCpl Trimaan “Harry” Dhillon, 26, in an “act of utter barbarism” at her Gateshead flat in October.’

Full story

The Guardian, 26th April 2017


Recorded crime rose 9% last year in England and Wales – BBC News

Posted April 27th, 2017 in crime, news, statistics by sally

‘The number of crimes recorded by police in England and Wales last year was up by 9% on the previous year, figures show.’

Full story

BBC News, 27th April 2017


Farm worker caught on camera brutally attacking newborn calf blames violence on break-up from girlfriend – Daily Telegraph

‘A young farm worker who threw a newborn calf to the floor and repeatedly stamped on it before kicking its mother in the head blamed his behaviour on breaking up with his girlfriend months earlier.’

Full story

Daily Telegraph, 26th April 2017


‘Downward spiral’: UK slips to 40th place in press freedom rankings – The Guardian

Posted April 27th, 2017 in freedom of expression, investigatory powers, media, news by sally

‘Journalists in the UK are less free to hold power to account than those working in South Africa, Chile or Lithuania, according to an index of press freedom around the world.’

Full story

The Guardian, 26th April 2017


Orgreave files: Government urged to consider release – BBC News

Posted April 27th, 2017 in disclosure, documents, industrial action, miners, news, police, select committees by sally

‘Secret files concerning one of the most high profile clashes of the 1980s miners’ strike should be assessed and made public if possible, a government committee has said.’

Full story

BBC News, 27th April 2017