A missed opportunity – Haberdashers and subrogation – Practical Law: Construction Blog

Posted June 11th, 2019 in construction industry, contracts, insurance, news by tracey

‘Earlier this year I found myself waiting for the Court of Appeal to bring the next instalment in a series of interesting decisions regarding subrogation claims in insurance disputes (not a contradiction in terms, I promise!), which I and my colleague John have been taking it in turns to blog about (see Joint insurance and rights of subrogation revisited and Co-insurance and subrogation rights revisited (again!)). Unfortunately (though perhaps not for those involved) the case in question (Haberdashers‘ Aske’s Federation Trust Ltd v Lakehouse Contracts Ltd and others) settled. But it feels as though there’s been a missed opportunity to answer a question that was left entirely open in Gard Marine and Energy Ltd v China National Chartering Company Ltd: where there is a co-insurance policy in place and a sub-contractor causes loss, if the co-insurance policy (for whatever reason) does not cover the sub-contractor, can the insurer bring a subrogated claim against the sub-contractor or, does it first have to prove the sub-contractor is liable for the loss?’

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Practical Law: Construction Blog, 11th June 2019

Source: constructionblog.practicallaw.com

Recent Statutory Instruments – legislation.gov.uk

Posted June 11th, 2019 in legislation by tracey

The Smart Export Guarantee Order 2019

The Independent Educational Provision in England (Inspection Fees and Savings Provisions) Regulations 2019

The Wireless Telegraphy (Licence Charges for the 3.4 GHz Frequency Band and the 3.6 GHz Frequency Band) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 11th, 2019 in law reports by tracey

High Court (Commercial Court)

The Libyan Investment Authority v J.P. Morgan Markets Ltd & Ors (Rev 1) [2019] EWHC 1452 (Comm) (10 June 2019)

High Court (Queen’s Bench Division)

East Sussex Fire And Rescue Service v Austin [2019] EWHC 1455 (QB) (10 June 2019)

AXO v Salisbury NHS Foundation Trust [2019] EWHC 1454 (QB) (10 June 2019)

High Court (Technology and Construction Court)

TC Developments (South East) Ltd & Anor v Investin Quay House Ltd [2019] EWHC 1432 (TCC) (10 June 2019)

Source: www.bailii.org

Continued use of Taser on autistic male was disproportionate – UK Police Law Blog

Posted June 11th, 2019 in autism, news, police, self-defence, weapons by tracey

‘In Gilchrist v Chief Constable of Greater Manchester Police [2019] EWHC 1233, the High Court considered officers’ use of force in the context of use of CS gas and a taser repeatedly upon a man who was autistic and mentally distressed and found that its continued use became unlawful. Whereas the initial use of CS gas and Taser were justified, once the police learned of the male’s vulnerability as an autistic man and noted that his behaviour was defensive rather than aggressive, a more cautious approach should have been adopted.’

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UK Police Law Blog, 29th May 2019

Source: ukpolicelawblog.com

Supreme Court turns back on procedural appeals – Litigation Futures

‘The Supreme Court is not keen to entertain appeals on procedural points, its annual report has indicated. It handled 23 permissions to appeal (PTA) applications in relation to procedure in the year to 31 March 2019 – far more than any other category of law – and only granted permission in one of them.’

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Litigation Futures, 11th June 2019

Source: www.litigationfutures.com

Home Secretary apologises to members of Windrush generation – Home Office

‘The Home Secretary has written 46 letters to people who were sanctioned under compliant environment policies and 7 to people with criminal convictions who were held under immigration detention powers at the end of their prison sentence.’

Full press release

Home Office, 10th June 2019

Source: www.gov.uk/home-office

‘No man’s land’: thousands of suspects left in limbo – Law Society’s Gazette

Posted June 11th, 2019 in bail, news, solicitors, time limits by tracey

‘Thousands of people have been left in “legal limbo” as a result of government reforms to pre-charge bail, which is affecting their mental health, family life and employment status, criminal defence solicitors have said.’

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Law Society's Gazette, 10th June 2019

Source: www.lawgazette.co.uk

Criminal barristers vote for one-day walkout – Law Society’s Gazette

Posted June 11th, 2019 in barristers, criminal justice, fees, industrial action, legal aid, news by tracey

‘Criminal barristers will stage a complete one day walkout on 1 July, the Criminal Bar Association (CBA) has announced. Prosecution and defence barristers will also refuse case returns from 1 July.’

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Law Society's Gazette, 10th June 2019

Source: www.lawgazette.co.uk

Report: evidence of Huddersfield grooming ring not followed up – The Guardian

‘Opportunities were lost to tackle one of Britain’s largest grooming rings when information about two vulnerable girls being sexually exploited was not followed up, a review has found.’

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The Guardian, 10th June 2019

Source: www.theguardian.com

Father admits stalking his daughter in Leicester – BBC News

Posted June 11th, 2019 in families, forced marriages, news, restraining orders, sentencing, stalking by tracey

‘A father has admitted stalking his daughter after trying to force her into a marriage and keep her from university.’

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BBC News, 10th June 2019

Source: www.bbc.co.uk

Police demanded rape victim’s phone and medical records despite identifying attacker by DNA – The Independent

Posted June 11th, 2019 in DNA, evidence, medical records, news, police, privacy, prosecutions, rape, telecommunications by tracey

‘Police demanded the mobile phone and personal records of a woman who was raped by a stranger eight years ago – even after identifying her attacker using DNA evidence.’

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The Independent, 10th June 2019

Source: www.independent.co.uk

Police identify suspects for possible Grenfell manslaughter charges – The Guardian

Posted June 11th, 2019 in fire, health & safety, homicide, news, prosecutions by tracey

‘The police investigation into the Grenfell Tower fire has identified potential suspects for offences of corporate manslaughter and gross negligence manslaughter, Scotland Yard has said. But it said there were no guarantees that criminal charges would be brought over the disaster, whose second anniversary falls this Friday.’

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The Guardian, 10th June 2019

Source: www.theguardian.com

Banning orders for 25 fans after Grimsby – Port Vale match – BBC News

Posted June 11th, 2019 in affray, news, sentencing, sport, threatening behaviour by tracey

‘Twenty-five men have been given football banning orders after violence erupted at a match between Grimsby Town and Port Vale.’

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BBC News, 11th June 2019

Source: www.bbc.co.uk

NDAs: MPs call for ban on ‘gagging clauses’ over ‘cover-up’ fears – BBC News

‘MPs have called for a ban on “gagging clauses” used by employers to silence allegations of unlawful discrimination and harassment.’

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BBC News, 11th June 2019

Source: www.bbc.co.uk

TalkTalk hacker who blackmailed executives in £77million cyber attack is jailed – Daily Telegraph

Posted June 11th, 2019 in blackmail, computer crime, fraud, guilty pleas, internet, news, sentencing by tracey

‘A “cruel and calculating” cyber criminal who took part in a massive TalkTalk hack and blackmailed former chief executive Dido Harding has been locked up for four years.’

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Daily Telegraph, 10th June 2019

Source: www.telegraph.co.uk