Experts’ Agendas – a Warning from the Bench – No. 5 Chambers

Posted December 14th, 2018 in civil procedure rules, expert witnesses, news, practice directions by sally

‘“It certainly should not become routine to provide two versions which, as here, travel over much of the same ground. That approach tests the patience of the experts (and frankly of the court); produces a lengthier joint statement; potentially increases costs and is simply not the best way to focus on the issues. I do not think that anything further needs to be said or done in this case. However, if this worrying trend continues, parties may find that courts begin considering costs consequences.” – Mrs Justice Yip commenting on the experts’ agendas in the recent case of Welsh v Walsall Healthcare NHS Trust 2018 EWHC 1917 QB.’

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No. 5 Chambers, 10th December 2018

Source: www.no5.com

After Makdessi and GPP, the question is, are your LDs commercially viable? – Hardwicke Chambers

Posted December 14th, 2018 in news by sally

‘Liquidated damages (LD) clauses are a fixture of construction contracts. As we all know, they are a secondary obligations to pay an agreed sum of money, arising upon breach of a primary obligation of the contract. In the case of a construction contract, this will invariably be in the event of delay: the failure to complete the works by a specified date.’

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Hardwicke Chambers, 3rd December 2018

Source: hardwicke.co.uk

Environmental Law News Update – Six Pump Court

Posted December 14th, 2018 in news by sally

‘In this latest Environmental Law News Update, Charles Morgan, Gordon Wignall, Christopher Badger and Mark Davies consider the EU Exit Legal Position on the Withdrawal Agreement and the Attorney General’s Legal Advice, the Draft National Policy Statement for Water Resources Infrastructure and an important case about the courts’ approach to the balance between private rights and the public interest.’

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Six Pump Court, 10th December 2018

Source: www.6pumpcourt.co.uk

Gosvenor London Ltd v Aygun Aluminium UK Ltd [2018] EWCA Civ 2695 – Hardwicke Chambers

Posted December 14th, 2018 in news by sally

‘Gosvenor was contracted to perform cladding works for Aygun. The project fell into delay and disputes arose. A subsequent adjudication determined that Aygun owed Gosvenor the sum of £553,958. Gosvenor later applied for summary judgment to enforce the adjudication and Aygun resisted on the basis of fraud. According to Aygun, a substantial proportion of the adjudication award was based on fraudulent invoices which did not reflect the actual value of the work done.’

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Hardwicke Chambers, 7th December 2018

Source: hardwicke.co.uk

Environmental Law Podcast – November 2018 – Six Pump Court

Posted December 14th, 2018 in news by sally

‘This short update focuses on November’s key legal developments, which this month include the Withdrawal Agreement and Political Declaration, the recent independent review of the current system of waste regulation and the latest on the new Environment Bill.’

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Six Pump Court, 5th December 2018

Source: www.6pumpcourt.co.uk

A Practical Approach to Breach of Duty and Causation in Venous Thromboembolism Claims by Neil Thompson – No. 5 Chambers

Posted December 14th, 2018 in causation, doctors, medical treatment, negligence, news, personal injuries by sally

‘From our perspective, the first step should be to understand how competent medical professionals protect the patient against the risk of VTE. One starting point is to understand the control of VTE risk in patients admitted to hospital, although of course other primary care providers (GPs) have a corresponding duty to be alert to the risk of VTE within their practice.’

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No. 5 Chambers, 3rd December 2018

Source: www.no5.com

Solicitors’ Bills – Hardwicke Chambers

Posted December 14th, 2018 in appeals, costs, fees, news, solicitors by sally

‘The court of appeal’s decision in Slade (t/a Richard Slade And Company) v Boodia & Anor [2018] EWCA Civ 2667 is good news for solicitors but potentially not so good for their clients.’

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Hardwicke Chambers, 3rd December 2018

Source: hardwicke.co.uk

Commercial lease renewal: the death of contrived developments – Hardwicke Chambers

Posted December 14th, 2018 in landlord & tenant, leases, news, Supreme Court by sally

‘Alexander Bastin discusses the Supreme Court’s decision in S Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62 on whether a landlord can oppose the grant of a new tenancy by relying on section 30 (1)(f) of the Landlord and Tenant Act 1954, if the works which it says it intends to do have no purpose other than to get rid of the tenant.’

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Hardwicke Chambers, 7th December 2018

Source: hardwicke.co.uk

Dangerous Driving, Joint Criminal Enterprise and Ex Turpi Causa Defence: is Mens Rea made out? – Zenith Chambers

Posted December 14th, 2018 in dangerous driving, ex turpi causa, joint enterprise, news by sally

‘In the case of Kelly Wallett (on her own behalf and on behalf of the dependants of Ian Hill (Deceased)) v Vickers [2018] EWHC 3088 (QB) the High Court considered (heard on 14.11.2018) issues of joint criminal enterprise in the context of the ex turpi causa defence.’

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Zenith Chambers, 26th November 2018

Source: www.zenithchambers.co.uk

Nominal damages only for technically unlawful arrest and detention – UK Police Law blog

Posted December 14th, 2018 in damages, detention, news, police, wrongful arrest by tracey

‘The latest decision of the Court of Appeal in Parker v Chief Constable of Essex Police [2018] EWCA Civ 2788 is important for all police lawyers. The facts are quite detailed but, essentially, where the police perform an unlawful arrest (which would result in unlawful detention), the arrested person will receive only nominal damages where they could and would have been lawfully arrested had the correct procedures been followed.’

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UK Police Law blog, 13th December 2018

Source: ukpolicelawblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted December 14th, 2018 in legislation by tracey

The Rent Officers (Housing Benefit and Universal Credit Functions) (Amendment) Order 2018

The Provision of Services (Amendment etc.) (EU Exit) Regulations 2018

The National Institute for Health and Care Excellence (Miscellaneous Amendments) Regulations 2018

The Taxation (Cross-border Trade) Act 2018 (Appointed day No. 1) (EU Exit) Regulations 2018

The Misuse of Drugs Act 1971 (Amendment) Order 2018

The Freedom of Information Act 2000 (Amendment) (EU Exit) Regulations 2018

The European Union (Definition of Treaties) (Economic Partnership Agreements and Trade Agreement) (Eastern and Southern Africa States, Southern African Development Community States, Ghana and Ecuador) Order 2018

The Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018

The Immigration (Restrictions on Employment) (Code of Practice and Miscellaneous Amendments) Order 2018

The Money Laundering and Terrorist Financing (Miscellaneous Amendments) Regulations 2018

The CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations 2018

The Government Resources and Accounts Act 2000 (Estimates and Accounts) (Amendment) Order 2018

The Investigatory Powers Tribunal Rules 2018

The Single European Sky (National Supervisory Authority) (Amendment) Regulations 2018

The Financial Guidance and Claims Act 2018 (Commencement No. 5) Regulations 2018

The Haulage Permits and Trailer Registration Act 2018 (Commencement) Regulations 2018

The INSPIRE (Amendment) (EU Exit) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 14th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

General Medical Council v Hayat [2018] EWCA Civ 2796 (13 December 2018)

Khosa v The Secretary of State for Justice [2018] EWCA Civ 2801 (13 December 2018)

Seahorse Maritime Ltd v Nautilus International [2018] EWCA Civ 2789 (13 December 2018)

Boots UK Ltd v Severn Trent Water Ltd [2018] EWCA Civ 2795 (13 December 2018)

High Court (Administrative Court)

W Morrisons Supermarket Plc v London Borough of Hounslow [2018] EWHC 3426 (Admin) (13 December 2018)

Diop, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 3420 (Admin) (13 December 2018)

Giordano Ltd, R (On the Application Of) v London Borough of Camden [2018] EWHC 3417 (Admin) (13 December 2018)

High Court (Commercial Court)

HPOR Servicos De Consultoria Ltda v Dryships Inc & Anor [2018] EWHC 3451 (Comm) (13 December 2018)

SAS Institute Inc v World Programming Ltd [2018] EWHC 3452 (Comm) (13 December 2018)

High Court (Patents Court)

Glaxo Group Ltd & Ors v Vectura Ltd [2018] EWHC 3414 (Pat) (13 December 2018)

Source: www.bailii.org

Speech by Senior President of Tribunals: The Modernisation of Justice – Courts and Tribunals Judiciary

‘Speech by Senior President of Tribunals: The Modernisation of Justice.’

Full speech

Courts and Tribunals Judiciary, 14th December 2018

Source: www.judiciary.gov

Children: Public Law Update (December 2018) – Family Law Week

Posted December 14th, 2018 in care orders, child abuse, disclosure, evidence, family courts, identification, news, police, proof by tracey

‘John Tughan QC of 4 Paper Buildings reviews recent, important Children Public Law cases.’

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Family Law Week, 13th December 2018

Source: www.familylawweek.co.uk

Watchdog plans purge of rip-off rates for loyal broadband customers – The Guardian

Posted December 14th, 2018 in consumer protection, internet, news by tracey

‘The UK media regulator, Ofcom, is to crack down on broadband providers who rip off loyal customers by offering better deals to new subscribers.’

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The Guardian, 14th December 2018

Source: www.theguardian.com

Two in three knife crime offenders being spared jail as offences hit eight-year high, MoJ figures show – Daily Telegraph

Posted December 14th, 2018 in news, offensive weapons, sentencing, statistics, suspended sentences by tracey

‘Two thirds of knife crime offenders are escaping jail as the number of offences has hit an eight-year high, Ministry of Justice figures reveal.’

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Daily Telegraph, 13th December 2018

Source: www.telegraph.co.uk

Watchdog bans ‘harmful’ gender stereotypes in adverts – BBC News

Posted December 14th, 2018 in advertising, gender, news, reports by tracey

‘The UK’s advertising watchdog has said it will ban “gender stereotypes that are likely to cause harm, or serious or widespread offence”.’

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BBC News, 14th December 2018

Source: www.bbc.co.uk

Wetherspoons wins court battle to reveal person behind ‘abusive’ parody account on Twitter – Daily Telegraph

Posted December 13th, 2018 in disclosure, identification, internet, news, privacy by tracey

‘The identity of a mystery tweeter responsible for fake Wetherspoon Twitter accounts will be revealed to the pub chain following a judge’s ruling.’

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Daily Telegraph, 13th December 2018

Source: www.telegraph.co.uk

Former Cambridge University rugby player jailed for sexually assaulting student in college room – The Independent

Posted December 13th, 2018 in assault, attempts, news, rape, sentencing by tracey

‘A former Cambridge University rugby player has been locked up after forcing himself on a fellow student in her college bedroom..’

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The Independent, 13th December 2018

Source: www.independent.co.uk

Judge rules to allow severely ill 11-month old to ‘die peacefully’ – The Guardian

Posted December 13th, 2018 in children, consent, medical treatment, news, parental responsibility by tracey

‘A seriously ill 11-month-old girl who has spent her life in hospital should be allowed to die peacefully, a high court judge has ruled.’

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The Guardian, 13th December 2018

Source: www.theguardian.com