2011 amendments to Construction Act 1996 are under review – Practical Law: Construction Blog

Posted November 7th, 2017 in construction industry, consultations, news by tracey

‘On 1 May 2018 it will be 20 years since the Construction Act 1996 came into force. I think it is fair to say that, despite initial reservations by some about its introduction, most people would agree that, overall, the statutory adjudication and payment provisions have been successful. That said, like any adolescent, its teenage years have been somewhat difficult, which is mainly down to the 2011 amendments (introduced by Part 8 of the LDEDC Act 2009) to both the Act and the Scheme for Construction Contracts 1998.

Therefore, I was delighted to receive an email from a friend a couple of weeks ago letting me know that the Department for Business, Energy & Industrial Strategy (BEIS) had published a consultation on the 2011 amendments. The consultation can be accessed here and you have until 19 January 2018 to submit your thoughts.

Not only that, but the government has also published a consultation on the practice of cash retention under construction contracts (with the same January deadline). Although it is a very relevant and worthwhile consultation, it is the consultation on the 2011 amendments that I want to focus on today.’

Full Story

Practical Law: Construction Blog, 7th November 2017

Source: constructionblog.practicallaw.com

BAILII: Recent Decisions

Posted November 7th, 2017 in law reports by tracey

Court of Appeal (Criminal Division)

Lewis & Anor, R v [2017] EWCA Crim 1734 (01 November 2017)

High Court (Administrative Court)

Gladman Developments Ltd v Secretary of State for Communities and Local Government & Ors [2017] EWHC 2768 (Admin) (06 November 2017)

High Court (Chancery Division)

VB Football Assets v Blackpool Football Club & Ors [2017] EWHC 2767 (Ch) (06 November 2017)

Source: www.bailii.org

Online betting company pays out £2.3m over social responsibility failures – Local Government Lawyer

Posted November 7th, 2017 in fines, gambling, internet, news by tracey

‘Betting operator Gala Interactive, part of Ladbrokes Coral, has agreed to pay £2.3m for breaching rules on social responsibility.’

Full Story

Local Government Lawyer, 7th November 2017

Source: localgovernmentlawyer.co.uk

An end to private hearing deals and unilateral emails to court: CPRC to strengthen open justice – Litigation Futures

Posted November 7th, 2017 in civil justice, civil procedure rules, consultations, news, private hearings by tracey

‘A default position that all court hearings should be conducted in public, and parties and witnesses named, is under consideration by the Civil Procedure Rule Committee (CPRC) as part of a push to emphasise the importance of open justice, it has emerged.’

Full Story

Litigation Futures, 7th November 2017

Source: www.litigationfutures.com

The government response to the report from the House of Lords Select Committee on the Licensing Act 2003 – Home Office

Posted November 7th, 2017 in licensing, parliament, press releases, reports by tracey

‘The government response to the report from the House of Lords Select Committee on the Licensing Act 2003: post-legislative scrutiny.’

Full press release

Home Office, 6th November 2017

Source: www.gov.uk/home-office

Covert recordings: what should family lawyers advise? – Family Law

Posted November 7th, 2017 in evidence, family courts, news, privacy by tracey

‘Covert recording is no longer limited to the realms of spies and detectives. With advancements in technology anyone can takeout their phone and record without anyone else knowing. The technology (including spy ware) is readily available and relatively inexpensive so it’s inevitable that people will seek to use it. It is now the case that practitioners are frequently seeing covert recordings arise in the context of family proceedings which involve the recording of family members, children and professionals. This may be a result of what is perceived to be a growing mind set of distrust in the competency of the family justice system and professionals working within it or because individuals are simply hoping to bolster their case with the footage they have obtained.’

Full Story

Family Law, 6th November 2017

Source: www.familylaw.co.uk

New ethics and practice website launched for barristers – The Bar Council

‘A new website devoted entirely to helping barristers with ethical and practice queries has been launched by the Bar Council to support its members.’

Full press release

The Bar Council, 6th November 2017

Source: www.barcouncil.org.uk

Wellbeing at the Bar success prompts quarterly roll-out of new Certificate – The Bar Council

Posted November 7th, 2017 in barristers, mental health, press releases by tracey

‘The Wellbeing at the Bar website has acted as a catalyst in bringing the Bar’s attention to wellbeing. Following the successful introduction of a Certificate of Recognition for good wellbeing practice, which attracted over 30 applications in its inaugural round, the Bar Council has announced that it will reopen Certificate applications. This will enable chambers, Inns, Circuits, Specialist Bar Associations and organisations that employ barristers to apply on an ongoing basis, with applications assessed each quarter.’

Full press release

The Bar Council, 6th November 2017

Source: www.barcouncil.org.uk

Rapist who saw women as ‘lesser beings’ is jailed – BBC News

Posted November 7th, 2017 in news, rape, sentencing by tracey

‘A man who raped a stranger on a riverbank and regarded women as “lesser beings” has been jailed for 12 years.’

Full Story

BBC News, 6th November 2017

Source: www.bbc.co.uk

David Evans fined £3,000 in curious case of Black Dave and Tango Sky – The Guardian

Posted November 7th, 2017 in disciplinary procedures, fines, gambling, horse racing, news by tracey

‘David Evans described as “very lenient” the fine of £3,000 meted out to him by racing’s ruling body after the trainer admitted he had delayed news of a non-runner in the hope of backing another horse in the same race at better odds. Evans staked £6,000 at 4-1 on Black Dave but lost his money when the horse, from his stable near Pandy in Monmouthshire, could finish only fourth.’

Full Story

The Guardian, 6th November 2017

Source: www.theguardian.com

Man jailed for ‘I’ve got acid’ attack in Solihull – BBC News

Posted November 7th, 2017 in assault, compensation, hazardous substances, news, sentencing by tracey

‘A man has been jailed for a roadside “acid” attack when he squirted a bottle of cleaning solution at two others.’

Full Story

BBC News, 6th November 2017

Source: www.bbc.co.uk

Elsie Scully-Hicks: Murdered by adopted father – BBC News

Posted November 7th, 2017 in adoption, child abuse, murder, news, sentencing by tracey

‘Elsie Scully-Hicks was just 18 months old when she died from catastrophic injuries. Her adopted father Matthew Scully-Hicks inflicted a catalogue of violence on her in the eight months she lived with him.’

Full Story

BBC News, 6th November 2017

Source: www.bbc.co.uk

Mother to bring alleged rapist to justice via crowdfunding after prosecutors refuse to press charges – The Independent

‘A mother who says she was raped by a stranger has now set up a crowdfunding page to bring her alleged attacker to justice.’

Full Story

The Independent, 6th November 2017

Source: www.independent.co.uk

Little Plumpton fracking households to share £100,000 – BBC News

Posted November 7th, 2017 in compensation, energy, news by tracey

‘Residents living near a fracking site in Lancashire are to receive up to £2,000 each as part of a shale gas exploration payment from Cuadrilla.’

Full Story

BBC News, 6th November 2017

Source: www.bbc.co.uk