Recent Statutory Instruments –

Posted April 9th, 2018 in legislation by tracey

The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) Regulations 2018

The Family Procedure (Amendment) Rules 2018

The Public Service Vehicles (Registration of Local Services) (Amendment) Regulations 2018

The Welfare Reform and Work Act 2016 (Commencement No. 6 and Transitional Provision) Regulations 2018

The Sea Fish (Marketing Standards) (England and Wales and Northern Ireland) Regulations 2018

The Justification of Practices Involving Ionising Radiation (Amendment) Regulations 2018

The Radioactive Contaminated Land (Enabling Powers and Modification of Enactments) (England) (Amendment) Regulations 2018

The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2018

The Franchising Schemes (Service Permits) (England) Regulations 2018

The Public Service Vehicles (Registration of Local Services) (Franchising Schemes Transitional Provisions and Amendments) (England) Regulations 2018

The Finance Act 2009, Sections 101 and 102 and Schedules 55 and 56 (Soft Drinks Industry Levy) (Appointed Day) Order 2018

The Finance Act 2017, Paragraph 3 of Schedule 11 (Appointed Day) Regulations 2018

The Finance Act 2017, Part 2 (Appointed Day No. 2) Regulations 2018

The Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (General Council of the Bar) Order 2018

The National Minimum Wage (Amendment) Regulations 2018

The Regulatory Reform (Fire Safety) (Custodial Premises) Subordinate Provisions Order 2018

The Gambling Act 2005 (Operating Licence Conditions) (Amendment) Regulations 2018

The Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) (Amendment) Order 2018

The Electricity Supplier Payments (Amendment) Regulations 2018

The Legal Services Act 2007 (General Council of the Bar) (Modification of Functions) Order 2018

The Sexual Offences Act 2003 (Prescribed Police Stations) (England and Wales) Regulations 2018

The Higher Education (Access and Participation Plans) (England) Regulations 2018

The School Information (England) (Amendment) Regulations 2018

The Higher Education (Basic Amount and Higher Amount) (England) (Amendment) Regulations 2018


BAILII: Recent Decisions

Posted April 9th, 2018 in law reports by tracey

High Court (Queen’s Bench Division)

McIntosh v Harman [2018] EWHC 726 (QB) (06 April 2018)

High Court (Technology and Construction Court)

RG Carter Building Ltd v Kier Business Services Ltd [2018] EWHC 729 (TCC) (05 April 2018)


Casual workers and unfair dismissal: Mrs M Wright – Law & Religion UK

Posted April 9th, 2018 in casual workers, Church of England, news, unfair dismissal by tracey

‘The issue of the employment status of people who perform casual work – and its complexity – has come up yet again, this time in Mrs M Wright v St John the Evangelist Parochial Church Council (England and Wales: Breach of Contract) [2018] UKET 3200595/2017.’

Full Story

Law & Religion UK, 5th April 2018


New limb (g) added to Wimbledon v Vago principles and fraud allegations merit stay – Practical Law: Construction Blog

Posted April 9th, 2018 in accounts, fraud, intimidation, news, stay of execution, witnesses by tracey

‘Last week, Fraser J handed down his judgment in Gosvenor London Ltd v Aygun UK Ltd, a case in which the defendant (Aygun) was seeking to resist payment of an adjudicator’s award of around £650,000 on the grounds that a substantial part of the award was allegedly derived from fraudulent invoicing of Aygun. In the alternative, Aygun sought a stay on the basis of fraud, alleged witness intimidation and, most importantly, the entirely unsatisfactory nature of the claimant’s (Gosvenor) statutory accounts for 2016/2017 and the unbelievable explanations given on its behalf as to the contents. This combination of factors led the court to conclude it was unlikely that Gosvenor would repay the adjudicator’s award, were it required to do so following a challenge to the adjudicator’s decision in subsequent TCC proceedings.’

Full Story

Practical Law: Construction Blog, 4th April 2018


Case Preview: James-Bowen & Ors v Commissioner of the Police for the Metropolis – UK Supreme Court Blog

‘Does a person who is sued in civil litigation for the alleged misconduct of her employees (or others for whom she is vicariously liable) owe a duty of care to avoid causing those employees or “quasi-employees” financial loss arising from the conduct of the person’s defence?.’

Full Story

UK Supreme Court Blog, 3rd April 2018


Home Secretary to launch Serious Violence Strategy – Home Office

‘Home Secretary Amber Rudd today sets out a multi-million pound commitment to steering young people away from crime and tackling violent drug-dealing gangs.’

Full press release

Home Office, 9th April 2018


Leave to remove post-Brexit: appealing an appeal – Family Law

Posted April 9th, 2018 in appeals, brexit, children, custody, EC law, foreign jurisdictions, news by tracey

‘In the recent case of L v F [2017] EWCA Civ 2121 the Court of Appeal reinstated a first instance judgment that refused to grant a mother permission to relocate to Italy with the parties’ child. The case offers a reminder of the approach that the court must take when deciding whether or not to grant an appeal.’

Full Story

Family Law, 6th April 2018


Benefits fraudster ordered to pay back £190,000 – Crown Prosecution Service

Posted April 9th, 2018 in benefits, fraud, press releases, proceeds of crime, repayment by tracey

‘A woman who was jailed for making false benefit claims – including lying that she needed 24-hour care – has been ordered to pay back £189,725 to the taxpayer.’

Full press release

Crown Prosecution Service, 6th April 2018


Woman who invented dead husband in Grenfell Tower fraud jailed – Crown Prosecution Service

Posted April 9th, 2018 in fraud, press releases, sentencing by tracey

‘A woman who pretended to be the widow of a Grenfell Tower victim so she could claim money and accommodation has been jailed for fraud.’

full press release

Crown Prosecution Service, 6th April 2018


The second Bridget Lindley Annual Memorial Lecture: Transcript – Courts and Tribunals Judiciary

Posted April 9th, 2018 in families, family courts, lectures, media by tracey

‘The Family Justice Council recently held its Bridget Lindley Memorial Lecture which looked at the impact of social media on the family justice system and family law journalism.’

Full lecture

Courts and Tribunals Judiciary, 29th March 2018

Cohabitant entitled to slice of partner’s £1.5m estate, judge rules – Law Society’s Gazette

Posted April 9th, 2018 in cohabitation, news, wills by tracey

‘The High Court has ruled in favour of a woman who received nothing from her late partner’s £1.5 million estate, in a judgment that will again spark debate about the law on inheritance.’

Full Story

Law Society's Gazette, 6th April 2018


Forced Marriage: protective measures for children and young people in the family courts and the court of protection – part 1 – Family Law Week

‘Judith Pepper, barrister of 4 Brick Court, examines in the first of two articles the development of the law in relation to forced marriage and the protective remedies available for children and young people, focusing on the protective measures available by utilising the inherent jurisdiction of the court.’

Full Story

Family Law Week, 8th April 2018


Ex-BHS owner Dominic Chappell to sue Sir Philip Green – Daily Telegraph

Posted April 9th, 2018 in company directors, insolvency, news, pensions by tracey

‘Former BHS owner Dominic ­Chappell plans to sue Sir Philip Green and contest a proposed boardroom ban in a bid to repair his “tarnished ­reputation” and resurrect his career.’

Full Story

Daily Telegraph, 9th April 2018


Government to crack down on ‘rogue’ estate agents – BBC News

Posted April 9th, 2018 in consumer protection, estate agents, news by tracey

‘All estate agents will be required to hold a professional qualification under new government rules to crack down on “rogue” operators. Managing agents will also be forced to reveal the fees they receive for referrals to solicitors, surveyors and mortgage brokers.’

Full Story

BBC News, 8th April 2018


Police to be investigated over search for Gaia Pope after she raised fears about sex attacker’s release – Daily Telegraph

Posted April 9th, 2018 in duty of care, missing persons, news, police by tracey

‘The way in which police handled the disappearance of teenager Gaia Pope is to be investigated by the police watchdog.’

Full story

Full Story

Daily Telegraph, 6th April 2018


Home Office announces plans for Offensive Weapons Bill to tackle serious violence – Home Office

Posted April 9th, 2018 in bills, offensive weapons, press releases by tracey

‘A ban on the sale of the most dangerous corrosive products to under-18s and tough restrictions on online sales of knives were announced today (Sunday 8 April) by the Home Office.’

Full press release

Home Office, 8th April 2018


Home Office accused of turning ‘blind eye to discrimination’ in housing immigration crackdown – The Independent

Posted April 9th, 2018 in housing, news, race discrimination by tracey

‘The Home Office has been accused of turning a “blind eye to discrimination” after rejecting its own inspector’s call to investigate a “racist” scheme targeting private housing tenants.’

Full Story

The Independent, 8th April 2018