New Judgment: Wells v Devani [2019] UKSC 4 – UKSC Blog

Posted February 14th, 2019 in agency, contracts, estate agents, interpretation, news, sale of land, Supreme Court by sally

‘This appeal considered whether, where a commission agent and his principal have not expressly, in their oral discussions, identified and agreed the precise event upon which commission is payable, but have expressly agreed in those oral discussions that a commission would be payable at an agreed percentage, their bargain is incomplete. It also considered whether the court can (whether by taking into account the relevant surrounding factual matrix or what the parties said, or the parties’ conduct), imply a term identifying the commission entitling event which gives business efficacy to the parties’ presumed common intention.’

Full Story

UKSC Blog, 13th February 2019

Source: ukscblog.com

Care Quality Commission issues first ‘duty of candour’ breach fine – OUT-LAW.com

Posted February 14th, 2019 in children, delay, duty of candour, fines, hospitals, medical treatment, news, notification by sally

‘The Care Quality Commission (CQC) has issued its first fine to an NHS trust for failing to comply with its ‘duty of candour’, which requires healthcare providers to be open and honest with patients or their families if there is an incident in which they suffer harm.’

Full Story

OUT-LAW.com, 13th February 2019

Source: www.out-law.com

Female barrister tells male colleagues to stop making “jokes about breasts and skirts” – Daily Telegraph

Posted February 14th, 2019 in barristers, harassment, news, women by sally

‘A female barrister has told her male colleagues to stop making “jokes about breasts and skirts” in a series of scathing tweets about sexism in the courtroom.’

Full Story

Daily Telegraph, 13th February 2019

Source: www.telegraph.co.uk

Chief magistrate’s alleged bias toward Uber raised in court – The Guardian

Posted February 14th, 2019 in bias, conflict of interest, judges, licensing, news, taxis by sally

‘The alleged bias of the chief magistrate, Emma Arbuthnot, in permitting Uber to operate in London has been raised in a courtroom challenge.’

Full Story

The Guardian, 13th February 2019

Source: www.theguardian.com

Raleys ruling “good news for law firms and their insurers” – Legal Futures

‘Yesterday’s Supreme Court ruling on solicitors’ professional negligence is good news for both law firms and their insurers, and should stem the flow of claims about the under-settlement of personal injury claims, experts have said.’

Full Story

Legal Futures, 14th February 2019

Source: www.legalfutures.co.uk

Transgender man in fight to be recognised as father of his child – Daily Telegraph

Posted February 14th, 2019 in news, paternity, transgender persons by sally

‘The Government is opposing a transgender man’s battle to make his child the first in the UK legally not to have a mother.’

Full Story

Daily Telegraph, 12th February 2019

Source: www.telegraph.co.uk

Family Drug and Alcohol Courts backed by private donors – BBC News

Posted February 14th, 2019 in alcohol abuse, care orders, drug abuse, families, family courts, news by sally

‘A group of private backers has agreed to fund a national unit supporting courts which help parents deal with drug or alcohol addiction so their children are not taken into care.’

Full Story

BBC News, 14th February 2019

Source: www.bbc.co.uk

SDT: Solicitor “terrified” by Court of Appeal was incompetent – Legal Futures

Posted February 14th, 2019 in appeals, disciplinary procedures, news, solicitors by sally

‘A criminal law solicitor who described himself as “absolutely terrified” by a Court of Appeal appearance was incompetent but not dishonest, the Solicitors Disciplinary Tribunal (SDT) has concluded.’

Full Story

Legal Futures, 13th February 2019

Source: www.legalfutures.co.uk

Man convicted over death of 100-year-old woman in Derby – The Guardian

Posted February 14th, 2019 in homicide, news, robbery by sally

‘A man has been convicted over the death of a 100-year-old woman whose neck was broken in a street robbery in Derby.’

Full Story

The Guardian, 13th February 2019

Source: www.theguardian.com

Morrisons faces women’s equal pay action – BBC News

Posted February 14th, 2019 in equal pay, news, sick leave, women by sally

‘Supermarket giant Morrisons is facing legal action by women who work in its stores and warehouses.’

Full Story

BBC News, 14th February 2019

Source: www.bbc.co.uk

Councils given new powers to block phone boxes being built – Daily Telegraph

Posted February 14th, 2019 in local government, news, planning, telecommunications by sally

‘New phone boxes will be blocked from being built by councils for first time, following a landmark ruling from the High Court.’

Full Story

Daily Telegraph, 12th February 2019

Source: www.telegraph.co.uk

Oystons ousted as high court brings in the receiver at Blackpool – The Guardian

Posted February 14th, 2019 in insolvency, news, receivers, sport by sally

‘Blackpool have been put into receivership so the club can be sold and the proceeds used to pay off some of the £22m owed by their owners, the Oyston family, to the Latvian banker Valeri Belokon, a court has ordered.’

Full Story

The Guardian, 13th February 2019

Source: www.theguardian.com

Age verification rules for online gambling toughened – OUT-LAW.com

Posted February 13th, 2019 in children, gambling, identification, internet, licensing, news, regulations by sally

‘Online gambling providers will be required to verify the identity of customers before allowing them to deposit funds into accounts or to gamble under new rules set to take effect in Britain in May.’

Full Story

OUT-LAW.com, 11th February 2019

Source: www.out-law.com

Jihadists could face up to 10 years in prison if they return to the UK under new laws – Daily Telegraph

Posted February 13th, 2019 in bills, Islam, news, prosecutions, terrorism by sally

‘Around 350 British jihadists suspected to be in Syria could face up to 10 years in jail if they return to the UK under new anti-terror laws that ban travel to designated areas.’

Full Story

Daily Telegraph, 12th February 2019

Source: www.telegraph.co.uk

“Far removed from fat cats” – High Court praises lawyers – Legal Futures

Posted February 13th, 2019 in barristers, families, judges, legal aid, legal profession, news, pro bono work, solicitors by sally

‘Lawyers acting pro bono in a complex family law case countered the stereotyped image of ‘fat cats’, a High Court judge has said in praising their “commitment to the delivery of justice”.’

Full Story

Legal Futures, 13th February 2019

Source: www.legalfutures.co.uk

Voter ID trials are dangerous. That’s why I’m taking the government to court – The Guardian

Posted February 13th, 2019 in elections, equality, identification, local government, news, pilot schemes, statistics by sally

‘In May, I will be asked to show ID to vote in local elections in Essex. This discriminatory plan risks undermining democracy.’

Full Story

The Guardian, 13th February 2019

Source: www.theguardian.com

Uncontested flight delay claims “not litigation”, CA rules – Litigation Futures

Posted February 13th, 2019 in airlines, appeals, compensation, costs, delay, news, statistics, Supreme Court by sally

‘The work done by pioneering law firm Bott & Co in bringing uncontested flight delay claims does not amount to litigation services and so it cannot claim an equitable lien over the damages for its costs, the Court of Appeal has ruled.’

Full Story

Litigation Futures, 13th February 2019

Source: www.litigationfutures.com

Jurisdiction: s. 204 appeals – Nearly Legal

‘Adesotu v Lewisham LBC Case No E40CL183, a decision of HHJ Luba on preliminary issues handed down on 8th February 2019, is so going to the Court of Appeal that the judge (having been satisfied that Ms Adesotu and her household would continue to be accommodated by Lewisham) invited Counsel to agree the route to enable it to get there.’

Full Story

Nearly Legal, 12th February 2019

Source: nearlylegal.co.uk

Alfie Lamb death: Crush death accused ‘had fit of temper’ – BBC News

‘A three-year-old boy died after his mother’s boyfriend pushed his car seat back in a “fit of childish temper”, a court has heard.’

Full Story

BBC News, 12th February 2019

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 13th, 2019 in legislation by tracey

The Electricity and Gas (Standards of Performance) (Suppliers) (Amendment) Regulations 2019

The Takeovers (Amendment) (EU Exit) Regulations 2019

The Justification Decision Power (Amendment) (EU Exit) Regulations 2019

The Higher Education (Fee Limits for Accelerated Courses) (England) Regulations 2019

Source: www.legislation.gov.uk