Disclosure can apply to subsidiaries under pilot, says court – OUT-LAW.com

Posted March 5th, 2020 in disclosure, news, pilot schemes, subsidiary companies by tracey

‘Disclosure of documents held by a subsidiary company of a party to litigation may be ordered in certain circumstances under the terms of the pilot disclosure scheme currently running in the Business and Property Courts (BPC) of England and Wales, a judge has ruled.’

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OUT-LAW.com, 5th March 2020

Source: www.pinsentmasons.com

Yuanda v Multiplex – “ascertaining” damages pre-adjudication under ABI bond – Practical Law Construction Blog

Posted March 5th, 2020 in construction industry, contracts, damages, guarantees, news by tracey

‘The TCC has just handed down judgment in Yuanda (UK) Company Ltd v Multiplex Construction Europe Ltd and another, which will be of interest to the construction industry as it deals with how ABI-type performance bonds operate.’

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Practical Law Construction Blog, 4th March 2020

Source: constructionblog.practicallaw.com

Doctor/patient confidentiality in genetic disease case – UK Human Rights Blog

Posted March 5th, 2020 in confidentiality, doctors, duty of care, hospitals, news, notification, third parties by tracey

‘ABC v St George’s Healthcare Trust and others [2020] EWHC 455 (QB). The High Court has ruled that the health authorities owed a duty of care to the daughter of their patient who suffered from the hereditary neurodegenerative order Huntington’s Chorea, to inform her about his condition. But in the circumstances, Yip J concluded that the duty was not breached and that causation had not been established.’

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UK Human Rights Blog, 29th February 2020

Source: ukhumanrightsblog.com

Forced Marriage Protection Orders – the approach to take – UK Police Law Blog

Posted March 5th, 2020 in family courts, forced marriages, human rights, jurisdiction, news, passports by tracey

‘Applications for forced marriage protection orders (“FMPO”s) made pursuant to s.63A of the Family Law Act 1996 are on the rise: in 2018, the government’s Forced Marriage Unit provided advice or support in 1,764 possible forced marriage cases; a significant increase from the following 1200-1400 cases in 2017. Also in 2018, Family Court statistics indicate that 322 applications were made and 324 orders granted. Despite applications being made by police, who must seek leave to make such an application under s.63C(3) of the Family Law Act 1996, and local authorities, the legislation itself does not provide clear guidance as to how the court should deal with such applications. The President of the Family Division, Sir Andrew McFarlane, has now done so in Re K (Forced Marriage: Passport Order) [2020] EWCA Civ 190.’

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UK Police Law Blog, 5th March 2020

Source: ukpolicelawblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 5th, 2020 in legislation by tracey

The Employment Allowance (Excluded Persons) Regulations 2020

The Magistrates’ Courts (Knife Crime Prevention Orders) Rules 2020

The Value Added Tax (Finance) Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 5th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Kenyon v The Secretary of State for Housing Communities & Local Government [2020] EWCA Civ 302 (05 March 2020)

Network Rail Infrastructure Ltd v Achilles Information Ltd [2020] EWCA Civ 323 (05 March 2020)

Endurance Corporate Capital Ltd v Sartex Quilts & Textiles Ltd [2020] EWCA Civ 308 (05 March 2020)

Source: www.bailii.org

Law firm “under no duty” to disclose counsel’s advice to funder – Litigation Futures

Posted March 5th, 2020 in champerty, contracts, disclosure, law firms, legal representation, news by tracey

‘The High Court has struck out claims brought against a City law firm that a litigation funder said did not pass on the “pessimistic views” expressed by counsel about a case it was backing.’

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Litigation Futures, 5th March 2020

Source: www.litigationfutures.com

Landmark Immigration Bill to end free movement introduced to Parliament – Home Office

Posted March 5th, 2020 in bills, freedom of movement, immigration, press releases by tracey

‘The bill will end free movement and give the government full control of UK borders for the first time in four decades.’

Full press release

Home Office, 5th March 2020

Source: www.gov.uk/home-office

Court of Appeal clarifies the law on marriage formalities (Akhter v Khan) – Family Law

Posted March 5th, 2020 in divorce, financial provision, Islam, marriage, news by tracey

‘Family analysis: Siddique Patel, solicitor at Shoosmiths, discusses the decision of the Court of Appeal overturning that of Williams J when he ruled that an Islamic Nikah ceremony could be classed as a void marriage giving rise to financial remedies.’

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Family Law, 5th March 2020

Source: www.familylaw.co.uk

The traps in the Divorce etc Bill that could cause as much harm as finding fault – Family Law

Posted March 5th, 2020 in bills, divorce, news, notification, time limits by tracey

‘Traditional marriage etiquette recommends sending out wedding invitations 6-8 weeks before the big day. Under the proposed new divorce reform, a spouse might have the same amount of notice of the ending of their marriage.’

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Family Law, 5th March 2020

Source: www.familylaw.co.uk

Everton football fan convicted of hate crime – Crown Prosecution Service

Posted March 5th, 2020 in hate crime, news, racism, sport by tracey

‘A football supporter who shouted racial abuse at a player during a game between Crystal Palace and Everton in August 2019 has been convicted of a hate crime.’

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Crown Prosecution Service, 4th March 2020

Source: www.cps.gov.uk

‘Astonishing breakthrough’: Munby hails access to family justice data – Law Society’s Gazette

Posted March 5th, 2020 in anonymity, data protection, family courts, news by tracey

‘A national support service representing children in family court cases has opened up its data to researchers as part of wider efforts to understand how well the family justice system is working. Cafcass has transferred its file data to the Secure Anonymised Information Linkage (SAIL) Databank, which is based at the University of Swansea. Cafcass said the move was part of a strategy to exchange knowledge and learning with key partners such as the Nuffield Family Justice Observatory, set up by the Nuffield Foundation to improve the use of data and research in the family justice system.’

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Law Society's Gazette, 3rd March 2020

Source: www.lawgazette.co.uk

Supreme Court president refuses to rule out stepping down if Boris Johnson tries to politicise judiciary – The Independent

Posted March 5th, 2020 in judiciary, ministers' powers and duties, news, Supreme Court by tracey

‘The president of the Supreme Court has declined to rule out resigning if Boris Johnson attempts to politicise the judiciary.’

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The Independent, 4th March 2020

Source: www.independent.co.uk

Oxford dean accused of failing to report child sexual assault claim – The Guardian

Posted March 5th, 2020 in child abuse, news, sexual offences, universities by tracey

‘The head of a prestigious Oxford college has been accused of failing to disclose an allegation of sexual assault of a minor to police or safeguarding officials.’

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The Guardian, 4th March 2020

Source: www.theguardian.com

Commons spends more than £800,000 on paying off former staff – BBC News

Posted March 5th, 2020 in confidentiality, news, non-disclosure agreements, parliament by tracey

‘The House of Commons has paid out hundreds of thousands of pounds in non-disclosure and settlement agreements with former employees, according to official figures.’

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BBC News, 5th March 2020

Source: www.bbc.co.uk

Victims given right to challenge attackers’ release from prison in new code – The Independent

‘Victims of violent and sexual offences are being given the automatic right to challenge their attackers’ release and apply for restrictions to protect themselves.’

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The Independent, 5th March 2020

Source: www.independent.co.uk

Sentencing Code unveiled in Parliament – Ministry of Justice

Posted March 5th, 2020 in bills, press releases, sentencing by tracey

‘Plans to simplify the country’s complex sentencing laws moved a step closer today (5 March 2020) as Ministers unveiled a Bill in Parliament.’

Full press release

Ministry of Justice, 5th March 2020

Souece: www.gov.uk/government/organisations/ministry-of-justice

Police watchdog drop investigation into Scotland Yard’s contact with Caroline Flack before her death – Daily Telegraph

Posted March 5th, 2020 in media, mental health, news, police, suicide by tracey

‘The police watchdog has dropped its investigation into the Metropolitan Police’s contact with Caroline Flack before her death.’

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Daily Telegraph, 4th March 2020

Source: www.telegraph.co.uk

Save The Children misled public while failing to deal with sexual harassment allegations against top bosses, report reveals – The Independent

Posted March 5th, 2020 in charities, complaints, harassment, news by tracey

‘Save the Children UK let down women who complained and the public through serious failures including a cover-up in how it handled sexual harassment claims against senior staff, according to a watchdog’s damning report.’

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The Independent, 5th March 2020

Source: www.independent.co.uk

Aston Villa and Leicester City settle sexual-abuse claims – BBC News

Posted March 5th, 2020 in child abuse, compensation, news, sexual offences, sport by tracey

‘Aston Villa and Leicester City have paid damages to five victims of a football scout convicted of child sex abuse, the BBC’s Victoria Derbyshire programme has learned.’

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BBC News, 5th March 2020

Source: www.bbc.co.uk