Time bars under FIDIC 2017 – are more notices the answer? – Practical Law: Construction Blog

Posted February 22nd, 2019 in construction industry, contracts, news, time limits by tracey

‘Construction and engineering contracts often contain provisions specifying that, within a particular time, one party (traditionally the contractor) must notify the other (the employer and/or the contract administrator) of a claim or the likelihood that it might advance a claim. Sometimes these “time-bar” notice provisions are elevated beyond being merely an obligation, to the status of a condition precedent to being able to pursue a successful claim. If such provisions are enforceable, they can be severe: a failure to serve the required notice in the required timescale will be fatal, regardless of the merits of the underlying claim. A well-known example of such a provision is found in clause 20.1 of the 1999 FIDIC contracts.’

Full Story

Practical Law: Construction Blog, 20th February 2019

Source: constructionblog.practicallaw.com

Exaggeration not necessarily fundamental dishonesty – Zenith PI

Posted February 22nd, 2019 in evidence, news, personal injuries, time limits, video recordings by tracey

‘Spencer Smith v Ashwell Maintenance Limited (Leicester County Court, 21/1/2019) – claimant who was found to have exaggerated and overstated his difficulties not fundamentally dishonest on the basis that his motive was to convince rather than to deceive.’

Full Story

Zenith PI, 21st February 2019

Source: zenithpi.wordpress.com

Judge rejects bid to exit shorter trial scheme – Litigation Futures

Posted February 22nd, 2019 in case management, disclosure, evidence, expert witnesses, news, patents by tracey

‘A judge has refused a party’s application to remove their case from the shorter trial scheme.’

Full Story

Litigation Futures, 22nd February 2019

Source: www.litigationfutures.com

“Testosterone overdose” deterring women from profession – Legal Futures

Posted February 22nd, 2019 in barristers, diversity, news, sex discrimination, women by tracey

‘Support for diversity initiatives has to come from the upper levels of the barristers’ profession, with a top QC warning of a “teststerone overdose” in the wake of a young female advocate accusing some men of “behaving as though they are on a stag do” when working with women.’

Full Story

Legal Futures, 22nd February 2019

Source: www.legalfutures.co.uk

Analysis: Parental responsibility – Family Law

Posted February 22nd, 2019 in care orders, children, news, parental responsibility by tracey

‘Imogen Powell, of Ashfords LLP, writes that parental responsibility is a concept introduced by the Children Act 1989. The Act defines PR as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to a child and his property”. As the phrase suggests, the concept of parental responsibility serves to highlight the idea that parents have “responsibilities” or “duties” towards their children, as opposed to “rights” over them.’

Full Story

Family Law, 22nd February 2019

Source: www.familylaw.co.uk

Family sentenced over £240,000 theft and damage at Thwaites brewery – Crown Prosecution Service

Posted February 22nd, 2019 in burglary, conspiracy, criminal damage, press releases, sentencing by tracey

‘Two family members who ransacked the historic Thwaites Brewery, causing more than £240,000 in damage, were sentenced to a combined eight years in prison today.’

Full press release

Crown Prosecution Service, 21st February 2019

Source: www.cps.gov.uk

Speech by Sir Rabinder Singh: Kay Everett Memorial Lecture – Courts and Tribunals Judiciary

Posted February 22nd, 2019 in human rights, intelligence services, investigatory powers, lectures, tribunals by tracey

‘The second Kay Everett memorial lecture was delivered by the President of the Investigatory Powers Tribunal, Sir Rabinder Singh, on Wednesday 20 February 2019.’

Full speech

Courts and Tribunals Judiciary, 21st February 2019

Source: www.judiciary.uk

Woman who accompanied her husband to Dignitas will inherit his £1.8 million estate, judge rules in test case – Daily Telegraph

Posted February 22nd, 2019 in assisted suicide, forfeiture, married persons, news, wills by tracey

‘A woman who accompanied her husband to Dignitas can claim his £1.8 million estate, a High Court judge has ruled in a test case.’

Full Story

Daily Telegraph, 21st February 2019

Source: www.telegraph.co.uk

Redcar man given life for smothering partner had killed before – The Guardian

Posted February 22nd, 2019 in domestic violence, murder, news, recidivists, sentencing by tracey

‘A man who has been given a life sentence for smothering his partner after a row had previously killed a girlfriend.’

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The Guardian, 21st February 2019

Source: www.theguardian.com

Government faces High Court action over children’s rights – BBC News

Posted February 22nd, 2019 in children, judicial review, ministers' powers and duties, news, social services by tracey

‘A children’s charity is taking High Court action against the government over its claims that some protections of children in care are “myths”. The Article 39 charity is seeking a judicial review of Department for Education guidance to local councils responsible for vulnerable children.’

Full Story

BBC News, 22nd February 2019

Source: www.bbc.co.uk

Churches no longer have to hold Sunday services – BBC News

Posted February 22nd, 2019 in Church of England, ecclesiastical law, news by tracey

‘A weekly Sunday service will no longer be compulsory for churches after a vote to change a 400-year-old law was passed by the Church of England’s ruling body.’

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BBC News, 22nd February 2019

Source: www.bbc.co.uk

Police leader calls for laws to allow positive race discrimination – The Guardian

Posted February 22nd, 2019 in diversity, minorities, news, police by tracey

‘Radical new laws should allow police to positively discriminate in favour of minority ethnic recruits, otherwise the ranks of officers will be too white for decades to come, the leader of Britain’s police chiefs has said.’

Full Story

The Guardian, 22nd February 2019

Source: www.theguardian.com

Bristol machete attack: Two brothers jailed for ‘barbaric and brutal’ assault – The Independent

Posted February 22nd, 2019 in affray, grievous bodily harm, guilty pleas, news, sentencing by tracey

‘Two brothers have been jailed for a machete attack at a supermarket in Bristol which left another two men with severe injuries.’

Full Story

The Independent, 21st February 2019

Source: www.independent.co.uk

Rachel Riley and Tracy Ann Oberman to take legal action after Twitter abuse – The Guardian

Posted February 22nd, 2019 in defamation, harassment, internet, news, political parties, racism by tracey

‘The Countdown presenter Rachel Riley and former EastEnders actor Tracy Ann Oberman are preparing legal action against up to 70 individuals for tweets relating to their campaign against antisemitism in the Labour party, according to the pair’s lawyer.’

Full Story

The Guardian, 21st February 2019

Source: www.theguardian.com

Alfie Lamb: Car death accused mum guilty of cruelty – BBC News

Posted February 22nd, 2019 in child cruelty, homicide, news, perverting the course of justice, road traffic by tracey

‘The mother of a three-year-old boy allegedly crushed by a car seat has been found guilty of child cruelty.’

Full Story

BBC News, 21st February 2019

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 21st, 2019 in legislation by tracey

The Interchange Fee (Amendment) (EU Exit) Regulations 2019

The International Joint Investigation Teams (International Agreements) (EU Exit) Order 2019

The Trade Marks (Amendment etc.) (EU Exit) Regulations 2019

The Transfer of Undertakings (Protection of Employment) (Transfer of Police Staff to the National Crime Agency) Regulations 2019

The Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2019

The Tenant Fees Act 2019 (Commencement No. 1) Regulations 2019

The Market Abuse (Amendment) (EU Exit) Regulations 2019

The Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations 2019

The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019

The Collective Investment Schemes (Amendment etc.) (EU Exit) Regulations 2019

The Immigration (Leave to Enter and Remain) (Amendment) Order 2019

The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019

The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019

The Airports Slot Allocation (Amendment) (EU Exit) Regulations 2019

The Air Navigation (Amendment) Order 2019

The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2019

The Sanctions (Overseas Territories) (Amendment) Order 2019

Source: www.legislation.gov.uk

BAILII: Recent decisions

Posted February 21st, 2019 in law reports by tracey

Supreme Court

Cameron v Liverpool Victoria Insurance Co Ltd [2019] UKSC 6 (20 February 2019)

Court of Appeal (Civil Division)

London Underground Ltd v Amissah & Ors [2019] EWCA Civ 125 (19 February 2019)

K (Children), Re [2019] EWCA Civ 184 (19 February 2019)

KK (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 172 (19 February 2019)

Balmoral Tanks Ltd & Anor v Competition And Markets Authority [2019] EWCA Civ 162 (15 February 2019)

Pease v Henderson Administration Ltd [2019] EWCA Civ 158 (15 February 2019)

Khan v Meadows [2019] EWCA Civ 152 (15 February 2019)

L-W Children [2019] EWCA Civ 159 (14 February 2019)

Court of Appeal (Criminal Division)

Green v R [2019] EWCA Crim 196 (20 February 2019)

Towers & Anor v R [2019] EWCA Crim 198 (20 February 2019)

Fulton v R [2019] EWCA Crim 163 (15 February 2019)

High Court (Administrative Court)

Johnson, R (On the Application Of) v Crown Prosecution Service [2019] EWHC 317 (Admin) (19 February 2019)

Calor Gas Ltd v Norfolk County Council [2019] EWHC 308 (Admin) (18 February 2019)

W, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 254 (Admin) (15 February 2019)

High Court (Chancery Division)

Capita Pension Trustees Ltd & Anor v Sedgwick Financial Services Ltd & Ors [2019] EWHC 314 (Ch) (20 February 2019)

Group Register of the CFC & Dividend GLO, The Claimants Listed In Class 8 of v Revenue And Customs [2019] EWHC 338 (Ch) (20 February 2019)

Canary Wharf (BP4) T1 Ltd & Ors v European Medicines Agency [2019] EWHC 335 (Ch) (20 February 2019)

Aviva Life And Pensions UK Ld & Ors, Re [2019] EWHC 312 (Ch) (19 February 2019)

Patel v Patel [2019] EWHC 298 (Ch) (18 February 2019)

Miles & Ors v Price & Ors [2019] EWHC 291 (Ch) (15 February 2019)#

Waldron & Ors v Waldron & Anor [2019] EWHC 115 (Ch) (15 February 2019)

Asturion Fondation v Alibrahim [2019] EWHC 274 (Ch) (15 February 2019)

Winstone & Ors v MGB Ltd [2019] EWHC 265 (Ch) (15 February 2019)

High Court (Commercial Court)

Cunico Resources NV & Ors v Daskalakis & Anor [2019] EWHC 345 (Comm) (20 February 2019)

Globalink Transportation and Logistics Worldwide LLP v DHL Project & Chartering Ltd [2019] EWHC 225 (Comm) (19 February 2019)

Stobart Group Ltd v Tinkler [2019] EWHC 258 (Comm) (15 February 2019)

A v B [2019] EWHC 275 (Comm) (15 February 2019)

Avonwick Holdings Ltd v Azitio Holdings & Ors [2019] EWHC 305 (Comm) (15 February 2019)

Super-Max Offshore Holdings v Malhotra & Anor [2019] EWHC 249 (Comm) (15 February 2019)

Consult II SRO & Ors v Shire Warwick Lewis Capital Ltd & Ors [2019] EWHC 286 (Comm) (15 February 2019)

Mohamed v Breish & Ors (Rev 1) [2019] EWHC 306 (Comm) (14 February 2019)

High Court (Family Division)

E (Abduction: Article 13b Deferred Return Order) [2019] EWHC 256 (Fam) (13 February 2019)

High Court (Queen’s Bench Division)

Linklaters LLP & Anor v Mellish [2019] EWHC 295 (QB) (18 February 2019)

Greenstein v Campaign Against Antisemitism [2019] EWHC 281 (QB) (15 February 2019)

Kamoka & Ors v The Security Service And Others [2019] EWHC 290 (QB) (15 February 2019)

High Court (Technology and Construction Court)

M Davenport Builders Ltd v Greer & Anor [2019] EWHC 318 (TCC) (20 February 2019)

Zagora Management Ltd & Ors v Zurich Insurance Plc & Ors No. 3 (Costs) [2019] EWHC 257 (TCC) (15 February 2019)

Source: www.bailii.org

Former taxi driver fined for failing to disclose prior convictions and revocation of licence – Local Government Lawyer

‘A former taxi driver has pleaded guilty to four offences of knowingly or recklessly making a false statement or omitting material in an application to a council’s licensing team.’

Full Story

Local Government Lawyer, 20th February 2019

Source: www.localgovernmentlawyer.co.uk

Supreme Court: No right to sue untraced driver – Litigation Futures

‘Accident victims have no right to sue an untraced driver, the Supreme Court has ruled.’

Full Story

Litigation Futures, 20th February 2019

Source: www.litigationfutures.com

Police to get more stop and search powers to tackle acid attacks – Home Office

‘Home Secretary Sajid Javid will give police new powers to stop and search anyone suspected of carrying a corrosive substance in public.’

Full press release

Home Office, 20th February 2019

Source: www.gov.uk/home-office