Recent Statutory Instruments – legislation.gov.uk

Posted November 15th, 2017 in legislation by Verity

The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017

The General Anti-Abuse Rule Procedure (Amendment) Regulations 2017

The Individual Savings Account (Amendment No. 3) Regulations 2017

The Regulation of Social Housing (Influence of Local Authorities) (England) Regulations 2017

The Venezuela (European Union Financial Sanctions) Regulations 2017

The Traffic Signs (Amendment) (England and Wales) Regulations and General Directions 2017

Source: www.legislation.gov.uk

Interpretation of Article 24(2) Brussels Recast – Jurisdiction and Conflict of Laws

‘In its recent decision in Koza Ltd v Akcil [2017] EWCA Civ 1609, the Court of Appeal interpreted the scope of Article 24 (2) Brussels I Recast, which governs exclusive jurisdiction “in proceedings which have as their object the validity of the constitution, the nullity or dissolution of companies or other legal persons or associations of natural or legal persons, or the validity of the decisions of their organs, the courts of the Member State in which the company, legal person or association has its seat”.’

Full Story

Jurisdiction and Conflict of Laws, 10th November 2017

Source: jurisdictionandconflicts.net

CDM Decision and Penalty: Re Huntley (2) – Law & Religion UK

Posted November 15th, 2017 in Church of England, clergy, disciplinary procedures, fraud, insurance, news, tribunals by tracey

‘On 1 November 2017, the Church of England Document Library posted Huntley 2, the Decision and Penalty of the Bishop’s Disciplinary Tribunal for the Diocese of Durham between Mr Andrew Thurston (Complainant) and The Reverend David George Huntley (Respondent). This followed the Tribunal’s earlier Decision, May 2016, and Decision (Appeal) and Order in August 2016, which concerned the same clergyman but on a significantly different matter.’

Full Story

Law & Religion UK, 15th November 2017

Source: www.lawandreligionuk.com

Closing the Gaps – the failure of the law on health & safety at home – Nearly Legal

Posted November 15th, 2017 in bills, health & safety, housing, landlord & tenant, reports by tracey

‘Three months ago we wrote about a research project and report on housing and health and safety law being carried out for Shelter by legal academics from the Universities of Kent and Bristol. Now the report has been completed.’

Full report

Full story

Nearly Legal, 14th November 2017

Source: www.nearlylegal.co.uk/blog/

Condition precedents and the rule against redundancy in contract interpretation – Practical Law: Construction Blog

Posted November 15th, 2017 in construction industry, contracts, interpretation, news, rectification by tracey

‘In Interserve Construction Ltd v Hitachi Zosen Inova AG, the court was asked to interpret the termination provisions of a contract to determine whether there was a condition precedent clause.’

Full Story

Practical Law: Construction Blog, 15th November 2017

Source: constructionblog.practicallaw.com

How testing the evidence differs in adjudication and court – Practical Law: Construction Blog

Posted November 15th, 2017 in construction industry, contracts, dispute resolution, evidence, negligence, news by tracey

‘When I read Fraser J’s judgment in Riva Properties Ltd v Foster + Partners Ltd, the thing that struck me was how, in adjudication, we don’t always get the benefit of seeing the evidence tested to the same degree as you do in court or arbitration proceedings.’

Full Story

Practical Law: Construction Blog, 14th November 2017

Source: constructionblog.practicallaw.com

Air quality breaches stops development which threatened to exacerbate them – UK Human Rights Blog

Posted November 15th, 2017 in news, planning, pollution by tracey

‘Gladman Developments v. SoS for Communities and Local Government, Interested Party:CPRE [2017] EWHC 2768 (Admin) 6 November 2017. An interesting example of how our planners must take air pollution concerns far more seriously in the light of the long-running ClientEarth litigation.’

Full Story

UK Human Rights Blog, 13th November 2017

Source: ukhumanrightsblog.com

“After care services” – when is a local authority required to provide after care services – s.3 mental health act 1983 – Zenith PI

Posted November 15th, 2017 in community care, detention, local government, mental health, news by tracey

‘Tinsley v Manchester City Council & others [2017] EWCA CIV 1704. The question in the appeal: Is a person who has been compulsorily detained in a hospital for mental disorder under section 3 of the Mental Health Act 1983 (“the 1983 Act”) and has then been released from detention but still requires “after-care services” entitled to require his local authority to provide such services at any time before he had exhausted sums reflecting the costs of care awarded to him in a judgment in his favour against a negligent tortfeasor.’

Full Story

Zenith PI, 13th November 2017

Source: zenithpi.wordpress.com

What effect can exaggeration have on your damages claim: strike out or percentage reduction in damages? – Zenith PI

Posted November 15th, 2017 in damages, news, psychiatric damage, striking out by tracey

‘The Court of Appeal considered the point in FLETCHER v KEATLEY (by his LF) [2017] EWCA Civ 1540 (a decision from 12.10.2017) and followed guidance in Summers v Fairclough Homes Ltd [2012] UKSC 26.’

Full Story

Zenith PI, 13th November 2017

Source: zenithpi.wordpress.com

Robot junior clerk already processing hundreds of bookings and reducing human working hours – Legal Futures

Posted November 15th, 2017 in artificial intelligence, barristers, barristers' clerks, news by tracey

‘Billy Bot, the “robot junior clerk”, is now managing up to 100 new instructions a day from solicitors and members of the public, agreeing fees, booking cases, checking for conflicts and even making the coffee, Legal Futures can reveal.’

Full Story

Legal Futures, 14th November 2017

Source: www.legalfutures.co.uk

BAILII: Recent Decisions

Posted November 15th, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Durrant v Chief Constable of Avon & Somerset Constabulary [2017] EWCA Civ 1808 (14 November 2017)

High Court (Administrative Court)

Mishra v Colchester Magistrates’ Court [2017] EWHC 2869 (Admin) (14 November 2017)

Aozora GMAC Investment Ltd, R (On the Application Of) v Revenue And Customs [2017] EWHC 2881 (Admin) (14 November 2017)

Gilmore, R (On the Application Of) v Police And Crime Commissioner for West Yorkshire [2017] EWHC 2867 (Admin) (14 November 2017)

High Court (Chancery Division)

Zavarco Plc v Tan Sri Syed Mohd Yusof Bin Tun Syed Nasir [2017] EWHC 2877 (Ch) (14 November 2017)

Source: www.bailii.org

‘Change your attitude’: judge threatens litigators with ‘draconian’ costs penalties – Law Society’s Gazette

Posted November 15th, 2017 in case management, costs, delay, news, penalties by tracey

‘A High Court judge has warned of ‘draconian’ costs penalties should two parties in litigation continue to refuse to cooperate.’

Full Story

Law Society's Gazette, 15th November 2017

Source: www.lawgazette.co.uk

Mother killed herself after ‘serious failure’ by mental health unit – The guardian

Posted November 15th, 2017 in birth, hospitals, inquests, mental health, news, suicide by tracey

‘A mother who killed herself while suffering from postnatal depression died as a result of a “very serious failure” that allowed her to leave a mental health unit unchaperoned, a coroner has ruled.’

Full Story

The Guardian, 14th November 2017

Source: www.theguardian.com

Police ‘to give up on minor crimes without major funding increase’ – The Guardian

Posted November 15th, 2017 in budgets, news, police by tracey

‘More police forces are poised to give up investigating minor offences such as car crime and retail thefts without a significant funding increase in the budget next week, police and crime commissioners have warned.’

Full Story

The Guardian, 14th November 2017

Source: www.theguardian.com

Damaged reputations an ‘unfortunate by-product’ of abuse inquiries – BBC News

Posted November 15th, 2017 in anonymity, child abuse, news, sexual offences by tracey

‘Reputational damage to dead people is an “unfortunate by-product” of police inquiries into historical sex abuse allegations. That’s the view of David Tucker, from the College Of Policing, but he said it happened only in certain cases in which the names of dead suspects were made public. Mr Tucker told Law in Action, on BBC Radio 4, that the college was drawing up guidelines for forces in England and Wales to help them decide whether to identify suspects in such cases.’

Full Story

BBC News, 14th November 2017

Source: www.bbc.co.uk

House of Lords under fire as peers who didn’t speak once claim almost half a million in expenses – The Independent

Posted November 15th, 2017 in expenses, news, parliament, peerages & dignities, reports by tracey

‘Campaigners have criticised “couch-potato peers” in the House of Lords who took part in less than a quarter of votes and did not speak at all in 2016-17, but still claimed a total of £462,510 in tax-free expenses. The 33 peers also did not table a written question or sit on a committee though claimed an average £14,015 each, or £746 per vote, the Electoral Reform Society (ERS) said in a new report.’

Full Story

The Independent, 15th November 2017

Source: www.independent.co.uk

Yarl’s Wood immigration centre: Questions over need to detain women – BBC news

Posted November 15th, 2017 in detention, immigration, news, reports, women by tracey

‘Two-thirds of women held at an immigration removal centre are later released into the community, a watchdog report has revealed. Inspectors said the finding raised concerns about whether the women should have been detained at Yarl’s Wood, Bedfordshire, in the first place.’

Full Story

BBC news, 15th November 2017

Source: www.bbc.co.uk

Six universities told to change advertising claims – BBC news

Posted November 15th, 2017 in advertising, complaints, news, universities by tracey

‘The advertising watchdog has told six UK universities to take down marketing claims that could be misleading. Leicester, East Anglia, Strathclyde, Falmouth, Teesside and the University of West London have all had complaints upheld against them.’

Full Story

BBC News, 15th November 2017

Source: www.bbc.co.uk

City watchdog to regulate ‘addictive’ binary trading after scammers net £60m – Daily Telegraph

Posted November 15th, 2017 in consumer protection, financial regulation, gambling, news by tracey

‘The Financial Conduct Authority is to police firms offering “binary options” following complaints of large losses by consumers and the prevalence of scams.’

Full Story

Daily Telegraph, 14th November 2017

Source: www.telegraph.co.uk

Toddler murder trial begins after almost 50 years as witness aged four at the time ‘reveals truth’ – Daily Telegraph

Posted November 15th, 2017 in child abuse, domestic violence, murder, news by tracey

‘A stepfather carried the secret of a toddler’s murder for almost 50 years before the truth was uncovered by a witness aged four at the time, a court heard.’

Full Story

Daily Telegraph, 14th November 2017

Source: www.telegraph.co.uk