Court overturns CVA supervisors’ decisions to reject creditors’ proofs of debt – OUT-LAW.com

Posted November 14th, 2019 in contracts, debts, insolvency, news by tracey

‘The High Court in England has overturned decisions made by supervisors of a company voluntary arrangement (CVA) to reject creditors’ proof of debt for dividend purposes.’

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OUT-LAW.com, 11th November 2019

Source: www.pinsentmasons.com

The law on email signatures moves forward – OUT-LAW.com

Posted November 14th, 2019 in electronic mail, Law Commission, news by tracey

‘Electronic signatures automatically generated at the bottom of emails can bind businesses to contracts. Though the law remains subject to change, a recent court ruling and separate report by the Law Commission in England and Wales highlight how emails are no longer as informal as they used to be.’

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OUT-LAW.com, 14th November 2019

Source: www.pinsentmasons.com

New Balance fails to equalise in sponsorship dispute – Practical Law: Construction Blog

Posted November 14th, 2019 in contracts, interpretation, news, sport by tracey

‘In a step change from the days of Mid Essex Hospital Services NHS Trust v Compass Group UK and Ireland Ltd (trading as Medirest) in which the Court of Appeal rejected the notion of a general doctrine of good faith, many construction contracts now include an express requirement to act in “good faith”.’

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Practical Law: Construction Blog, 13th November 2019

Source: constructionblog.practicallaw.com

Sharing the pain: considerations for joint venture participants – Practical Law: Construction Blog

Posted November 14th, 2019 in construction industry, contracts, joint ventures, news by tracey

‘Both contractors and developers often enter into joint ventures to carry out a specific project. It enables parties to bid on larger projects, pool their resources, including specialised knowledge, and spread risk across the participants. The recent decision in Doosan Enpure Ltd v Interserve Construction Ltd serves as a reminder to participants in construction joint ventures of the potential pitfalls of intra-JV disputes.’

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Practical Law: Construction Blog, 13th November 2019

Source: constructionblog.practicallaw.com

BAILII: Recent Decisions

Posted November 14th, 2019 in law reports by tracey

Supreme Court

TRA, R. v (redacted judgment) [2019] UKSC 51 (13 November 2019)

RR v Secretary of State for Work and Pensions [2019] UKSC 52 (13 November 2019)

High Court (Administrative Court)

Coventry Gliding Club Ltd, R (On the Application Of) v Harborough District Council & Anor [2019] EWHC 3059 (Admin) (14 November 2019)

Critchley, R (on the application of) v Bank of Scotland Plc (t/a Halifax) & Anor [2019] EWHC 3036 (Admin) (13 November 2019)

British Gas Trading Ltd, R (on the application of) v The Gas and Electricity Markets Authority & Ors [2019] EWHC 3048 (Admin) (13 November 2019)

High Court (Commercial Court)

The World LLC v Dalal [2019] EWHC 2993 (Comm) (13 November 2019)

High Court (Technology and Construction Court)

Hochtief (UK) Construction Ltd & Anor v Atkins Ltd [2019] EWHC 3028 (TCC) (11 November 2019)

Source: www.bailii.org

Spent convictions, underlying conduct and the ‘fit and proper person’ test – Local Government Lawyer

Posted November 14th, 2019 in criminal records, housing, licensing, news by tracey

‘James Findlay QC and Riccardo Calzavara report on an Upper Tribunal ruling on spent convictions and the “fit and proper person” test for holding a property licence under the Housing Act 2004.’

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Local Government Lawyer, 14th November 2019

Source: www.localgovernmentlawyer.co.uk

Council failed to consider impact of proposed retail development on local post office, High Court finds – Local Government Lawyer

Posted November 14th, 2019 in judicial review, local government, news, planning, postal service by tracey

‘Dacorum Borough Council should have considered the impact of a small retail development on the viability of a local Post Office when it granted planning permission, the High Court has ruled.’

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Local Government Lawyer, 14th November 2019

Source: www.localgovernmentlawyer.co.uk

High Court recuses “organ grinder” circuit judge – Legal Futures

Posted November 14th, 2019 in bias, case management, judges, news, recusal by tracey

‘The High Court has ordered the recusal of a circuit judge who used “intemperate language” and told a barrister that he expected to see “the organ grinder” appear at the next hearing of a case.’

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Legal Futures, 13th November 2019

Source: www.legalfutures.co.uk

Breakdown cover – Family Law

Posted November 14th, 2019 in appeals, child support, divorce, news by tracey

‘David Burrows provides a rundown of child support appeals to the First-tier Tribunal & Upper Tribunal.’

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Family Law, 13th November 2019

Source: www.familylaw.co.uk

Parental alienation: treading a treacherous path – Family Law

Posted November 14th, 2019 in contact orders, divorce, news, parental responsibility by tracey

‘A Bristol judge has decided to publish his decision in an exceptional case of parental alienation.’

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Family Law, 14th November 2019

Source: www.familylaw.co.uk

Speech by Sir Geoffrey Vos, The Chancellor of the High Court: the annual COMBAR lecture – Courts and Tribunals Judiciary

‘Speech by Sir Geoffrey Vos, The Chancellor of the High Court: the annual COMBAR lecture.’

Full speech

Courts and Tribunals Judiciary, 13th November 2019

Source: www.judiciary.uk

SC judge calls for ‘expert commission’ on algorithms – Law Society’s Gazette

Posted November 14th, 2019 in artificial intelligence, equity, judges, news by tracey

‘A Supreme Court justice has added his voice to calls for the regulation of computer algorithms handling crucial decisions about people’s lives. An “expert commission” could help ensure that automated decision making processes have “a capacity for mercy”, Lord Sales (Philip Sales QC), said last night.’

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Law Society's Gazette, 13th November 2019

Source: www.lawgazette.co.uk

Lord Briggs at the Sultan Azlan Shah Law Lecture, Kuala Lumpur, Malaysia – Supreme Court

‘Lord Briggs at the Sultan Azlan Shah Law Lecture, Kuala Lumpur, Malaysia.’

Full speech

Supreme Court, 5th November 2019

Source: www.supremecourt.uk

UK government loses supreme court fight over bedroom tax – The Guardian

Posted November 14th, 2019 in benefits, disabled persons, housing, human rights, news, Supreme Court by tracey

‘The supreme court has ruled against the UK government’s attempts to force the bedroom tax on 155 partners of people with severe disabilities, in a decision that will hamper ministerial attempts to water down human rights legislation.’

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The Guardian, 13th November 2019

Source: www.theguardian.com

Police oppose Traveller and Gypsy camp crackdown, FOI shows – The Guardian

Posted November 14th, 2019 in consultations, equality, human rights, news, police, travellers, trespass by tracey

‘Proposals to criminalise unauthorised Gypsy and Traveller encampments fly in the face of police recommendations to make more sites available to best tackle the situation, it has been revealed.’

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The Guardian, 14th November 2019

Source: www.theguardian.com

Royal Mail wins High Court injunction to block potential strikes by postal workers – Daily Telegraph

Posted November 14th, 2019 in industrial action, injunctions, news, postal service by tracey

‘Royal Mail has won a High Court injunction to block potential strikes by postal workers.’

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Daily Telegraph, 13th November 2019

Source: www.telegraph.co.uk

Department for Education flouted rules when it secretly shared pupil data with Home Office, says watchdog – The Independent

Posted November 14th, 2019 in data protection, government departments, immigration, news, school children by tracey

‘The Department for Education (DfE) flouted data protection obligations when it shared information about children with the Home Office for immigration enforcement purposes, a watchdog had said.’

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The Independent, 14th November 2019

Source: www.independent.co.uk

Police officers charged over Dalian Atkinson death named after force loses bid to protect their identities – Daily Telegraph

Posted November 14th, 2019 in anonymity, contempt of court, death in custody, news, police by tracey

‘Two police officers charged over the death of the footballer Dalian Atkinson have been named after their force lost an “unjustified” attempt to protect their identities.’

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Daily Telegraph, 13th November 2019

Source: www.telegraph.co.uk

Exclusive: ‘perverse incentive’ contributed to slump in rape charges – Law Society’s Gazette

‘An undisclosed Crown Prosecution Service (CPS) target may be behind huge declines in numbers of rape suspects charged since 2016, the Gazette can reveal.’

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Law Society's Gazette, 13th November 2019

Source: www.lawgazette.co.uk

Half of disability benefits appeals won in tribunal court – BBC News

Posted November 14th, 2019 in appeals, benefits, news, statistics, tribunals by tracey

‘One in two people who appealed in court against a decision to deny them disability benefits were successful, analysis of five years of data shows.’

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BBC News, 14th November 2019

Source: www.bbc.co.uk