Liquidators can use, but not enforce, adjudication in construction contracts – OUT-LAW.com

‘Companies in liquidation can theoretically refer claims to an adjudicator under construction law but it would be a futile exercise as the decision could not be enforced in most cases, the Court of Appeal in England has ruled.’

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OUT-LAW.com, 4th February 2019

Source: www.out-law.com

‘Free speech’ guidance issued for universities’ – OUT-LAW.com

‘Universities could be breaking the law if they, or their students’ unions, hold speaking events on campus and refuse to allow certain people or groups to put across their views, according to new ‘free speech’ guidance.’

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OUT-LAW.com, 5th February 2019

Source: www.out-law.com

Does Cannon v Primus mean an end to general jurisdictional reservations? – Practical Law: Construction Blog

‘It was only published at the end of last week, so I’m not sure if you’ve had chance to look at Coulson LJ’s judgment in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, Cannon Corporate Ltd v Primus Build Ltd. If not, then you should. It contains some important stuff about liquidation and CVAs, and when it is appropriate (and possible) to adjudicate if the referring party is subject to one of those processes.’

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Practical Law: Construction Blog, 30th January 2019

Source: constructionblog.practicallaw.com

Protecting Community Protection Notices – UK Police Law Blog

‘A defendant cannot defend himself from prosecution for breach of a Community Protection Notice (‘CPN’), on the basis that the CPN is invalid. The reason, stated in Stannard v The Crown Prosecution Service [2019] EWHC 84 (Admin), is that there is an effective means to challenge the CPN – either by exercising the right of statutory appeal or by judicial review. Allowing a challenge to the validity of the CPN at trial is not what the relevant statute (the Anti-social Behaviour, Crime and Policing Act 2014, ‘the 2014 Act’) intends, nor is it an effective remedy because the person subject to a CPN should not be required to breach a CPN in order to exercise a right to challenge it.’

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UK Police Law Blog, 31st January 2019

Source: ukpolicelawblog.com

Aches on a Plane: Claimant unsuccessful after uncomfortable flight – Zenith PI

Posted February 5th, 2019 in accidents, aircraft, airlines, interpretation, news, personal injuries by tracey

‘In Prosser v British Airways Plc [2018] the Claimant was unsuccessful in his claim for damages arising from an injury suffered as a result of sitting next to a passenger of large stature on the Defendant’s aircraft.’

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Zenith PI, 4th February 2019

Source: zenithpi.wordpress.com

Recent Statutory Instruments – legislation.gov.uk

Posted February 5th, 2019 in legislation by tracey

The Investigatory Powers Act 2016 (Commencement No. 11) Regulations 2019

The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019

The Pension Protection Fund and Occupational Pension Schemes (Levy Ceiling and Compensation Cap) Order 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 5th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Kannan v London Borough of Newham [2019] EWCA Civ 57 (04 February 2019)

High Court (Administrative Court)

Z & Ors, R (On the Application Of) v Hackney London Borough Council & Anor [2019] EWHC 139 (Admin) (04 February 2019)

MAS Group Holdings Ltd & Ors, R (on the application of) v Barco De Vapor BV & Ors [2019] EWHC 158 (Admin) (04 February 2019)

High Court (Chancery Division)

Currie v Thornley & Anor [2019] EWHC 172 (Ch) (01 February 2019)

Source: www.bailii.org

Anti-fracking campaigner loses challenge over refusal by inspector to adjourn – Local Government Lawyer

‘A campaigner against fracking has failed in a High Court claim that a planning inspector’s refusal to adjourn an inquiry was a breach of the rules of natural justice.’

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Local Government Lawyer, 4th February 2019

Source: www.localgovernmentlawyer.co.uk

Judge “wrong” not to make unless order over unpaid costs – Litigation Futures

Posted February 5th, 2019 in assault, costs, human rights, judges, mental health, news, personal injuries by tracey

‘A circuit judge was wrong not to make an unless order against a claimant who failed to pay the costs of a preliminary hearing, the High Court has ruled.’

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Litigation Futures, 5th January 2019

Source: www.litigationfutures.com

Crossing borders with children as a separated parent – Family Law

Posted February 5th, 2019 in child abduction, children, consent, families, identification, names, news by tracey

‘With the Christmas holidays just behind us, one of the most common issues that usually arise during that time of the year – between separated parents – is seeking permission to take their child on holiday or to visit family abroad. Gemma Davison an associate at Spratt Endicott, looks at the details.’

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Family Law, 5th February 2019

Source: www.familylaw.co.uk

Sheffield tree protesters win wrongful arrest payout – The Guardian

‘Campaigners who were wrongfully detained while protesting against tree felling in Sheffield have been given a £24,300 payout by South Yorkshire police.’

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The Guardian, 4th February 2019

Source: www.theguardian.com

Windrush scandal: Eligible victim wrongly denied help – The Indpendent

Posted February 5th, 2019 in citizenship, colonies, compensation, deportation, immigration, news, passports, victims by tracey

‘The lawyer overseeing a compensation scheme for victims of the Windrush scandal has asked for “urgent clarification” after a woman was wrongly refused Home Office help.’

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BBC News, 5th February 2019

Source: www.bbc.co.uk

Brothelkeepers earned £3.8m while police focused on other ‘serious crimes’ – Daily Telegraph

‘A married couple who built a £3.8million brothel empire were allowed to continue operating by police for 14 years who instead focused on “serious types of organised crime”, a court has heard.’

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Daily Telegraph, 3rd February 2019

Source: www.telegraph.co.uk

Howard Grossman: Northampton Town ‘missing millions’ developer banned – BBC News

Posted February 5th, 2019 in accounts, company directors, fiduciary duty, insolvency, loans, news, sport by tracey

‘A property developer has been banned from running companies for 10 years after failing to provide accounting records to explain more than £5m missing from a football club loan.’

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BBC News, 5th February 2019

Source: www.bbc.co.uk

Home Office still using NHS patient data for immigration enforcement despite suggesting it would end practice – The Independent

‘The Home Office is obtaining patient data from the NHS and using it for immigration enforcement purposes, despite suggesting last year that this form of data-sharing would no longer take place. A report by the chief inspector of borders reveals immigration enforcement teams are using hospital records containing data on migrants with an outstanding debt to the NHS of £500 or more.’

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The Independent, 4th February 2019

Source: www.independent.co.uk

Former constable charged up to £400 for gun control advice which should have been free – Daily Telegraph

Posted February 5th, 2019 in firearms, misfeasance in public office, news, police by tracey

‘A former police constable who charged almost £400 for gun control advice which should have been free, demanding payment from two hotels, is facing jail. Paul Duffield, 55, billed the Black Swan Hotel for £393 and also tried to charge the Feversham Arms Hotel while he held the post of civilian firearms enforcement officer at North Yorkshire Police.’

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Daily Telegraph, 4th February 2019

Source: www.telegraph.co.uk

Warwick students suspended for rape chat ‘won’t return’ – BBC News

Posted February 5th, 2019 in appeals, disciplinary procedures, internet, news, rape, universities by tracey

‘Two University of Warwick students, who were involved in an online group chat that threatened rape, will not be returning, despite a ban on their attendance being lifted. The pair were barred from the campus for 10 years, but this was reduced to 12 months after they appealed.’

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BBC News, 4th February 2018

Source: www.bbc.co.uk

Surge in parents forced to fight child custody battles with no legal representation – The Independent

Posted February 5th, 2019 in budgets, children, custody, families, legal aid, litigants in person, news, statistics by tracey

‘The number of parents forced to represent themselves in child custody battles at family courts has more than doubled in six years in the wake of legal aid cuts. Campaigners have warned “huge injustices” are taking place and children’s best interests are being “obscured”. Government data revealed 23,881 parents who applied to open private law cases for child arrangements in 2017 had no legal representation – up 134 per cent since 2011.’

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The Independent, 4th February 2019

Source: www.independent.co.uk