Retention proposals take shape: analysing the text of the Aldous Bill – Practical Law: Construction Blog

Posted May 16th, 2018 in bills, construction industry, contracts, deposits, news by tracey

‘For many years, parts of the construction sector have pushed for improvement of the market’s treatment of retention monies. Post-Carillion and its devastating impact on suppliers, however, matters may have reached a tipping point. On 9 January 2018 – a few days before the construction giant’s collapse – the backbencher Peter Aldous introduced the Construction (Retention Deposit Schemes) Bill under Parliament’s Ten Minute Rule. Given the importance of government support in mustering a majority in the House of Commons, relatively few Private Members’ Bills (PMB) become law. To this end, proponents of the “Aldous Bill”, not least the Waveney MP himself, have been busily promoting its merits within the industry and rallying support among politicians ahead of it being debated by MPs at the second reading.’

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Practical Law: Construction Blog, 15th May 2018

Source: constructionblog.practicallaw.com

20 years of statutory adjudication – Practical Law: Construction Blog

Posted May 16th, 2018 in construction industry, dispute resolution, enforcement, news by tracey

‘The Construction Act 1996 turned 20 this month, which means that for the last 20 years the UK’s construction industry has been subject to its statutory adjudication and payment rules. I was just a couple of years out of university 20 years ago, so I’ve never really known a world without these things (something that Lucy Garrett QC noted in her video for Practical Law). I remember doing presentations to clients in the months leading up to May 1998 on the implications of the Act and, in particular, the payment and withholding notices regimes. It seems a long time ago now! Looking back, a lot has happened since May 1998 and I thought that I would highlight just a few aspects of adjudication. Given the volume of case law and the limited space I have here, this is by no means a comprehensive review.’

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Practical Law: Construction Blog, 15th May 2018

Source: constructionblog.practicallaw.com

Appeal rules against seller’s solicitors in crucial Dreamvar liability case – Law Society’s Gazette

Posted May 16th, 2018 in compensation, conveyancing, fraud, news, sale of land, solicitors by tracey

‘Solicitors representing fraudulent property vendors should share responsibility along with those representing the duped buyers for any resulting losses, the Court of Appeal has ruled in a widely awaited decision.’

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Law Society's Gazette, 15th May 2018

Source: www.lawgazette.co.uk

Lady Hale at the Sir Nicholas Wall Memorial Lecture 2018, London – Supreme Court

‘Openness and Privacy in Family Proceedings. Sir Nicholas Wall Memorial Lecture 2018, Gray’s Inn, London. Lady Hale, President of The Supreme Court.’

Full speech

Supreme Court, 15th May 2018

Source: www.supremecourt.uk

Speech by the President of the Family Division Sir James Munby: the Family Bar in a Digital World – Courts and Tribunals Judiciary

‘Speech by the President of the Family Division Sir James Munby: the Family Bar in a Digital World.’

Full speech

Courts and Tribunals Judiciary, 15th May 2018

Source: www.judiciary.gov.uk

BAILII: Recent Decisions

Posted May 16th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

EM, R (on the application of) v The Secretary of State for the Home Department [2018] EWCA Civ 1070 (15 May 2018)

Joshi & Anor, R (On the Application Of) v Secretary of State for the Home Department [2018] EWCA Civ 1108 (15 May 2018)

City of York Council v Grosset [2018] EWCA Civ 1105 (15 May 2018)

Société Générale v Goldas Kuyumculuk Sanayi Ithalat Ihracat AS & Ors [2018] EWCA Civ 1093 (15 May 2018)

Mwesezi v The Secretary of State for the Home Department [2018] EWCA Civ 1104 (15 May 2018)

P&P Property Ltd v Owen White & Catlin LLP [2018] EWCA Civ 1082 (15 May 2018)

Corvan (Properties) Ltd v Abdel-Mahmoud [2018] EWCA Civ 1102 (15 May 2018)

Flintshire County Council v Jayes, R ( On the Application of) [2018] EWCA Civ 1089 (15 May 2018)

High Court (Administrative Court)

Jane v Prosecutor General’s Office, Lithuania [2018] EWHC 1122 (Admin) (15 May 2018)

Shepherd (On Behalf of 999 Call NHS), R (on the application of) v National Health Service Commissioning Board [2018] EWHC 1067 (Admin) (15 May 2018)

Rabbani v Director of Public Prosecutions [2018] EWHC 1156 (Admin) (15 May 2018)

High Court (Commercial Court)

Navigator Spirit SA v Five Oceans Salvage SA [2018] EWHC 1108 (Comm) (15 May 2018)

High Court (Family Division)

G v G & Anor [2018] EWHC 1100 (Fam) (04 May 2018)

High Court (Patents Court)

FIL Ltd & Anor v Fidelis Underwriting Ld & Ors [2018] EWHC 1097 (Pat) (11 May 2018)

Source: www.bailii.org

Chief Planner warns local planning authorities on GDPR and data protection – Local Government Lawyer

Posted May 16th, 2018 in data protection, local government, news, planning by sally

‘The Chief Planner has written to local planning authorities (LPAs) to remind them of the importance of complying with their data protection responsibilities when they exercise their planning functions.’

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Local Government Lawyer, 15th May 2018

Source: www.localgovernmentlawyer.co.uk

High Court: Defendant must pay credit hire costs even where claimant has contingent liability for them – Litigation Futures

Posted May 16th, 2018 in contracts, insurance, news, road traffic by sally

‘A circuit judge was wrong to deny a claimant recovery of £20,000 in credit hire charges because she had been assured that she would never have to pay any outstanding sums herself, the High Court has ruled.’

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Litigation Futures, 16th May 2018

Source: www.litigationfutures.com

High Court refuses to strike out £1.2m family law negligence claim – Legal Futures

Posted May 16th, 2018 in law firms, negligence, news, striking out by sally

‘“Very real obstacles” faced by a family law client in bringing a negligence action against a Cheshire law firm did not mean that the claim should be struck out in its entirety, the High Court has ruled.’

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Legal Futures, 16th May 2018

Source: www.legalfutures.co.uk

Dean Lowe jailed for Kirby Noden’s murder in Cornwall – BBC News

Posted May 16th, 2018 in murder, news, sentencing by sally

‘A man who killed his girlfriend with a rock and a metal pole before flushing her body parts down the toilet has been sentenced to 28 years in prison.’

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BBC News, 15th May 2018

Source: www.bbc.co.uk

Failure to act against ‘dangerous’ midwives resulted in deaths – report – The Guardian

Posted May 16th, 2018 in inquiries, midwives, news, reports, standards by sally

‘Babies and mothers died after a health regulator failed to act against midwives suspected of providing dangerously poor care, despite the police raising concerns about their conduct, a damning report has concluded.’

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The Guardian, 16th May 2018

Source: www.theguardian.com

Police mishandling digital evidence, forensic experts warn – The Guardian

Posted May 16th, 2018 in disclosure, evidence, forensic science, news, police by sally

‘Police officers are trampling over vital forensic evidence, are under-trained, and often do not know what they are looking for, MPs investigating digital disclosure problems have been told.’

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The Guardian, 15th May 2018

Source: www.theguardian.com

Supreme Court to hear case on community benefit fund as material consideration – Local Government Lawyer

Posted May 16th, 2018 in local government, news, planning, Supreme Court by sally

‘The Supreme Court has agreed to hear an appeal over whether a local planning authority was entitled to take into account as a material consideration the offer of a community benefit fund donation, it has been reported.’

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Local Government Lawyer, 14th May 2018

Source: www.localgovernmentlawyer.co.uk