Smash and grab adjudication ‘essentially over’ after TCC judgment –

Posted March 2nd, 2018 in construction industry, contracts, delay, dispute resolution, enforcement, news by tracey

‘A well-reasoned judgment by Mr Justice Coulson could put an end to the trend of “smash and grab” adjudications, where the payee pursues the other party for the full amount where no valid payment or pay less notice is served.’

Full Story, 1st March 2018


Recent Statutory Instruments –

Posted March 2nd, 2018 in legislation by tracey

The Local Land Charges Rules 2018

The Wales Act 2017 (Consequential and Saving Provisions) Regulations 2018

The Capital Allowances (Energy-saving Plant and Machinery) Order 2018

The Income Tax (Pay As You Earn) (Amendment) Regulations 2018

The Taxation (International and Other Provisions) Act 2010 Transfer Pricing Guidelines Designation Order 2018

The Housing (Right to Buy) (Designated Rural Areas and Designated Regions) (England) Order 2018

The Housing and Planning Act 2016 (Database of Rogue Landlords and Property Agents) Regulations 2018

The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2018

The Tonnage Tax (Prescribed and Specified Matters) Regulations 2018

The Motorways Traffic (England and Wales) (Amendment) Regulations 2018

The Police Injury Benefit (Amendment) (England and Wales) Regulations 2018

The Enactment of Extra-Statutory Concessions Order 2018


BAILII: Recent Decisions

Posted March 2nd, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Spire Healthcare Ltd v Royal & Sun Alliance Insurance Plc [2018] EWCA Civ 317 (02 March 2018)

Babar v The Secretary of State for the Home Department [2018] EWCA Civ 329 (01 March 2018)

Court of Appeal (Criminal Division)

Davies v R [2018] EWCA Crim 327 (01 March 2018)

High Court (Chancery Division)

Stavrinides & Ors v Cyprus Popular Bank Public Co. Ltd (t/a Laiki Bank UK & Anor [2018] EWHC 313 (Ch) (01 March 2018)

High Court (Commercial Court)

Songa Chemicals AS v Navig8 Chemicals Pool Ltd [2018] EWHC 397 (Comm) (02 March 2018)

Certain Underwriters At Lloyds London v Syrian Arab Republic & Ors [2018] EWHC 385 (Comm) (01 March 2018)

Jiangsu Shagang Group Co Ltd v Loki Owning Company Ltd [2018] EWHC 330 (Comm) (01 March 2018)

Kazakhstan Kagazy Plc & Ors v Baglan Abdullayevich Zhunus & Ors [2018] EWHC 369 (Comm) (28 February 2018)

High Court (Family Division)

A v A [2018] EWHC 340 (Fam) (28 February 2018)


Lord Lloyd-Jones at the Conseil d’Etat, Paris, France – Supreme Court

Posted March 2nd, 2018 in human rights, international law, speeches by tracey

‘General Principles of Law in International Law and Common Law.’

Full speech

Supreme Court, 2nd March 2018


Sentencing Council launches new definitive guideline on bladed articles and offensive weapons offences – Sentencing Council

Posted March 2nd, 2018 in offensive weapons, press releases, sentencing by tracey

‘The Sentencing Council has published a new guideline for the sentencing of offenders convicted of the possession of a bladed article or offensive weapon, such as acid, in public, and of using one to threaten someone.’

Full press release

Sentencing Council, 1st March 2018


Supreme Court urges rule committee to clarify status of law firm LLP acting for itself – Litigation Futures

‘The rule committee should look at clarifying whether a law firm LLP which acts for itself in legal proceedings is a litigant in person for the purposes of the CPR, the Supreme Court has said.’

Full Story

Litigation Futures, 1st March 2018


MPs outline concerns about government’s push for digital justice – Legal Futures

Posted March 2nd, 2018 in courts, electronic filing, news, select committees, video recordings by tracey

‘MPs have expressed concern about the government’s “evident preference” for virtual and online justice over traditional, court-based models without the evidence base to justify it.’

Full Story

Legal Futures, 2nd March 2018


Man jailed for sharing “how to kill disbelievers” video – Crown Prosecution Service

Posted March 2nd, 2018 in press releases, sentencing, terrorism by tracey

‘A man who sent a text message containing a link to an extremist instructional video on how to kill someone using knives has been jailed for 16 months.’

Full press release

Crown Prosecution Service, 2nd March 2018


New edition of the Equal Treatment Bench Book launched – Courts and tribunals Judiciary

Posted March 2nd, 2018 in equality, judiciary, press releases by tracey

‘The Equal Treatment Bench Book has been updated, expanded and improved. It aims to increase awareness and understanding of the different circumstances of people appearing in courts and tribunals. It helps enable effective communication and suggests steps which should increase participation by all parties.’

Full text

Courts and Tribunals Judiciary, 28th February 2018


‘Mate Crime’ duo jailed for longer after Solicitor General intervenes in their case – Attorney General’s Office

Posted March 2nd, 2018 in appeals, false imprisonment, press releases, sentencing, wounding by tracey

‘Matthew Ward and Marcus Cullumbine have had their sentences increased after the Solicitor General referred them for being too low.’

Press release

Attorney General’s Office, 1st March 2018


Don’t treat litigants in person as an unwelcome problem, judges told – Law Society’s Gazette

Posted March 2nd, 2018 in judiciary, litigants in person, news by tracey

‘Litigants in person should not be seen as an unwelcome problem for the court, judges have been told in 422-page guidance on equal treatment issued by the Judicial College.’

Full Story

Law Society's Gazette, 1st March 2018


Chief coroner considers ‘cab rank’ burial rule to be unlawful – Law Society’s Gazette

Posted March 2nd, 2018 in burials and cremation, coroners, delay, islamic law, Judaism, judicial review, news by tracey

‘The law firm challenging a coroner’s policy of applying a “cab rank” rule for burials by refusing to prioritise them on religious grounds has welcomed what he describes as the chief coroner’s “support”.’

Full Story

Law Society's Gazette, 1st March 2018


Child Support Update – Family Law Week

Posted March 2nd, 2018 in child support, news by tracey

‘Jody Atkinson TEP, barrister at St John’s Chambers, Bristol, takes stock of the developments in child support law and practice and considers the implications for parents.’

Full Story

Family Law Week, 1st March 2018


Officers accused of spying on sister of man who died in police custody cleared – The Guardian

Posted March 2nd, 2018 in death in custody, disciplinary procedures, news, police, spying by tracey

‘Two police officers accused of spying on the sister of a former paratrooper who was unlawfully killed in police custody have been cleared by a disciplinary panel.’

Full Story

The Guardian, 1st March 2018


Only one convicted over 2017 ‘double voting’ claims – BBC News

Posted March 2nd, 2018 in complaints, elections, fraud, news by tracey

‘Hundreds of complaints about alleged double voting in the 2017 UK general election resulted in only one conviction, according to police data.’

Full Story

BBC News, 2nd March 2018


Surrey woman who killed husband can challenge murder conviction – The Guardian

Posted March 2nd, 2018 in appeals, domestic violence, murder, news by tracey

‘A woman who bludgeoned her husband to death with a hammer has won the latest round in an attempt to appeal against her conviction for murder. Georgina Challen attacked 61-year-old Richard Challen in August 2010 as he ate lunch at the kitchen table in their former home in Claygate, Surrey. In June 2011 a jury at Guildford crown court took 11 hours to find Challen, known as Sally, guilty of murdering the former car dealer. She was jailed for life with a minimum term of 22 years, which was later reduced on appeal by four years. On Thursday, three court of appeal judges allowed Challen leave to appeal against the conviction.’

Full Story

The Guardian, 1st March 2018


Once secret guidance on MI5’s use of agents who engage in crime published by Theresa May – The Independent

Posted March 2nd, 2018 in intelligence services, news by tracey

‘Theresa May has published a previously secret direction relating to MI5’s use of agents who participate in crime. The Prime Minister confirmed that the area of the Security Service’s work was kept under review by a watchdog.’

Full Story

The Independent, 1st March


Gentleman thief carried out over 100 burglaries mostly on his bicycle – leaving homes he’d raided ‘neat’ and ‘tidy’ – Daily Telegraph

Posted March 2nd, 2018 in burglary, news, sentencing by tracey

‘A gentleman thief who carried out over 100 burglaries mostly on his bicycle before leaving homes “neat” and “tidy” has been jailed for over five years.’

Full Story

Daily Telegraph, 1st March 2018


Battle of Orgreave: more unreleased police files uncovered – The Guardian

Posted March 2nd, 2018 in archives, demonstrations, miners, news, police, public order, select committees by tracey

‘Unreleased files about the Battle of Orgreave from five police forces, including a contemporaneous report by a chief constable on the policing of the miner’s strike, have been uncovered by the Commons home affairs committee.’

Full Story

The Guardian, 1st March 2018


Leveson inquiry: government confirms second stage axed – The Guardian

Posted March 2nd, 2018 in inquiries, interception, media, news, police, privacy by tracey

‘The culture secretary, Matt Hancock, confirmed on Thursday that the government would drop plans for the second phase of the Leveson inquiry into press standards launched in the wake of the phone-hacking scandal.’

Full Story

The Guardian, 1st March 2018