Day: 6 February 2018

Deliberate breach of faculty conditions – Law & Religion UK

Posted February 6th, 2018 in Church of England, construction industry, ecclesiastical law, news, repairs by tracey

‘In 2014 we posted “Ignorance of the Faculty Jurisdiction Rules is no excuse…”, and expanding on this theme, “Risks of disregarding the faculty jurisdiction” in June 2016. The recent case Re St Peter & St Paul Pettistree [2017] ECC SEI 6 concerned a “deliberate and avoidable” breach of the terms of the faculty by a professional on the list of DAC-approved architects.’

Full Story

Law & Religion UK, 6th February 2018

Source: www.lawandreligionuk.com

Has the “rough justice” principle of adjudication been extended too far? – Practical Law: Construction Blog

Posted February 6th, 2018 in arbitration, construction industry, news by tracey

‘I haven’t blogged about alleged breaches of natural justice for a while, so here goes with the first reported judgment from Joanna Smith QC, who was sitting as a deputy High Court judge in the TCC. In my view, the judgment in Victory House General Partner Ltd v RGB P&C Ltd is very well written: it is clear, concise and very readable. Before diving into the natural justice issues, I should just mention the warning about using Part 8, a warning that Jefford J first gave last year in Merit Holdings Ltd v Michael J Lonsdale Ltd. I looked at that judgment at the time and note Victory House is another example of a case where the TCC is trying to crack down on what the judges perceive to be an abuse of the Part 8 process.’

Full Story

Practical Law: Construction Blog, 6th February 2018

Source: constructionblog.practicallaw.com

High Court says it cannot permanently stay enforcement of English law debt obligations in favour of a foreign insolvency proceeding – OUT-LAW.com

Posted February 6th, 2018 in banking, debts, enforcement, foreign jurisdictions, insolvency, news by tracey

‘The High Court has said that it could not impose a permanent moratorium against creditor action in England and Wales where the foreign restructuring of an Azerbijan bank had been recognised as a foreign main proceeding under the Cross-Border Insolvency Regulations.’

Full Story

OUT-LAW.com, 5th February 2018

Source: www.out-law.com

CPR rules allow for continued document redaction, rules High Court – OUT-LAW.com

Posted February 6th, 2018 in civil procedure rules, disclosure, news by tracey

‘The High Court has ruled that the entitlement to redact documents survived the coming into force of the CPR and applied equally to the right to inspect under CPR 31.14 and to the requirements of standard disclosure under CPR 31.6.’

Full Story

OUT-LAW.com, 6th February 2018

Source: www.out-law.com

Availability of Legal Aid for Applications Pursuant to the 1996 Hague Convention – Family Law Week

Posted February 6th, 2018 in children, legal aid, news, parental responsibility, regulations, treaties by tracey

‘Anne-Marie Hutchinson OBE QC (Hon), Partner, Dawson Cornwell, and Michael Gration, Barrister, 4 Paper Buildings, highlight an oversight in LASPO.’

Full Story

Family Law Week, 4th February 2018

Source: www.familylawweek.co.uk

Speech by Sir Ernest Ryder, Senior President of Tribunals: Securing Open Justice – Courts and Tribunals Judiciary

Posted February 6th, 2018 in civil justice, judges, judiciary, rule of law, speeches by tracey

‘Speech by Sir Ernest Ryder, Senior President of Tribunals: Securing Open Justice.’

Full speech

Courts and Tribunals Judiciary, 1st February 2018

Source: www.judiciary.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 6th, 2018 in legislation by tracey

The Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018

The Alternative Investment Fund Managers (Amendment) Regulations 2018

The Criminal Procedure (Amendment) Rules 2018

The National Emission Ceilings Regulations 2018

The Late Payment of Commercial Debts (Amendment) Regulations 2018

The Elections (Policy Development Grants Scheme) (Amendment) Order 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 6th, 2018 in law reports by tracey

Court of Appeal (Criminal Division)

Bahbahani, R v [2018] EWCA Crim 95 (05 February 2018)

High Court (Administrative Court)

Love v The Government of the United States of America & Anor [2018] EWHC 172 (Admin) (05 February 2018)

Killeen, R (on the application of) v Birmingham Crown Court & Ors [2018] EWHC 174 (Admin) (02 February 2018)

High Court (Chancery Division)

Sky Plc & Ors v Skykick UK Ltd & Anor [2018] EWHC 155 (Ch) (06 February 2018)

High Court (Patents Court)

L’Oréal Société Anonyme RN Ventures Ltd [2018] EWHC 173 (Pat) (05 February 2018)

Source: www.bailii.org

Ex-footballers Mark Aizlewood and Paul Sugrue guilty of fraud – The Guardian

Posted February 6th, 2018 in conspiracy, fraud, news, sport by tracey

‘Two former footballers are among a group of six men who face prison for scamming £5m from schools and colleges in a bogus sports leadership scheme.’

Full Story

The Guardian, 5th February 2018

Source: www.theguardian.com

Black cab rapist John Worboys will be asked if he minds wearing electronic tag – Daily Telegraph

Posted February 6th, 2018 in electronic monitoring, news, parole, rape, recidivists, release on licence, victims by tracey

‘John Worboys will be asked if he objects to wearing an electronic tag when he is eventually released from prison.’

Full Story

Daily Telegraph, 4th February 2018

Source: www.telegraph.co.uk

Court to make decision on validity of UK arrest warrant against Julian Assange – The Independent

Posted February 6th, 2018 in bail, extradition, news, warrants by tracey

‘A court decision on whether a UK arrest warrant against WikiLeaks founder Julian Assange is still valid is due on 6 February.’

Full Story

The Independent, 6th February 2018

Source: www.independent.co.uk

Muhammad Ali: British boxer banned for two years after positive test – BBC News

Posted February 6th, 2018 in disqualification, drug abuse, news, sport by tracey

‘British Olympic boxer Muhammad Ali has been banned for two years after failing a drugs test.’

Full Story

BBC News, 6th February 2018

Source: www.bbc.co.uk

University of Cambridge admits ‘significant’ problem with sexual misconduct – Daily Telegraph

Posted February 6th, 2018 in complaints, news, sexual grooming, sexual offences, universities by tracey

‘The University of Cambridge has admitted that it has a “significant problem” with sexual misconduct after receiving almost 200 complaints in a matter of months.’

Full Story

Daily Telegraph, 5th February 2018

Source: www.telegraph.co.uk

Hyde Park bombing: Families of victims of IRA attack granted legal aid – The Independent

Posted February 6th, 2018 in armed forces, explosives, families, legal aid, news, victims by tracey

‘Families of the victims of the IRA Hyde Park bombing have been awarded legal aid to fund civil action against a suspect.’

Full Story

The Independent, 6th February 2018

Source: www.independent.co.uk

Surgeon who lied about experience jailed for six years – BBC News

Posted February 6th, 2018 in doctors, misrepresentation, negligence, news, sentencing by tracey

‘A surgeon who lied about the number of operations he had carried out to get a lucrative job has been jailed for six years.’

Full Story

BBC News, 5th February 2018

Source: www.bbc.co.uk

Mirror Group pays damages to Hugh Grant after admitting a ‘decade of unlawful intrusion’ – Daily Telegraph

Posted February 6th, 2018 in damages, interception, media, news, telecommunications by tracey

‘Senior figures at Mirror Group newspapers “condoned, encouraged or turned a blind eye” to a decade of widespread phone hacking and unlawful intrusion by its journalists, it has been admitted.’

Full Story

Daily Telegraph, 5th February 2018

Source: www.telegraph.co.uk