State aid laws to be revoked in the UK – OUT-LAW.com

Posted October 2nd, 2020 in brexit, EC law, news, state aids by tracey

‘The UK government has set out legislative proposals which seek to revoke EU state aid laws in the UK from the end of the Brexit transition period. The draft State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 would, if enacted and from 1 January 2021, revoke state aid laws which would have otherwise been retained into domestic law in the UK by virtue of the EU (Withdrawal) Act 2018.’

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OUT-LAW.com, 30th September 2020

Source: www.pinsentmasons.com

Time isn’t on your side and resolving old disputes is never easy – Practical Law: Construction Blog

‘Time flies when you are having fun, or so the saying goes. I think it flies whether you are having fun or not, although I’m sure we’ve all experienced those moments when it isn’t flying at all and it feels like it has stood still. As Pink Floyd famously sang, “Ticking away the moments that make up a dull day”. You may wonder why I am talking about time. Well, it’s because of the events leading up to Fraser J’s judgment in John Doyle Contractors Ltd v Erith Contractors Ltd. They are all to do with time.’

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Practical Law: Construction Blog, 29th September 2020

Source: constructionblog.practicallaw.com

Successful adjudication enforcement in favour of an insolvent company – Practical Law: Construction Blogger

‘Hot on the heels of the Supreme Court’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, in what may be the first summary judgment to enforce an adjudicator’s decision in favour of a party in administration, we have successfully represented the claimant in Styles and Wood Ltd (in administration) (S&W) v GE CIF Trustees Ltd.’

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Practical Law: Construction Blog, 1st October 2020

Source: constructionblog.practicallaw.com

Recent Statutory Instruments – legislation.gov.uk

Posted October 2nd, 2020 in legislation by tracey

The Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2020

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 16) Regulations 2020

The Social Security Contributions (Disregarded Payments) (Coronavirus) (England) Regulations 2020

The Town and Country Planning (Pre-application Consultation) Order 2020

The Wireless Telegraphy (Licence Charges) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 2nd, 2020 in law reports by tracey

Court of Appeal (Criminal Division)

Hewitt, R. [2020] EWCA Crim 1247 (01 October 2020)

High Court (Administrative Court)

Seidi v Tribunal Judicial Da Comarca De Lisboa, Portugal [2020] EWHC 2597 (Admin) (02 October 2020)

Girling v East Suffolk Council [2020] EWHC 2579 (Admin) (01 October 2020)

High Court (Chancery Division)

London Borough of Brent v Johnson & Ors [2020] EWHC 2526 (Ch) (01 October 2020)

High Court (Commercial Court)

Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd & Anor [2020] EWHC 2602 (Comm) (02 October 2020)

Palmali Shipping SA v Litasco SA [2020] EWHC 2581 (Comm) (01 October 2020)

High Court (Queen’s Bench Division)

Gavigan v Norton [2020] EWHC 2583 (QB) (01 October 2020)

Source: www.bailii.org

Lord Chancellor’s Speech: Opening of the Legal Year Service – Ministry of Justice

‘Speech delivered by the Lord Chancellor at Temple Church for the Opening of the Legal Year Service.’

Full press release

Ministry of Justice, 2nd October 2020

Data protection challenges of remote working – Local Government Lawyer

‘Samantha Smith looks at how organisations can handle the data protection challenges of remote working.’

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Local Government Lawyer, 2nd October 2020

Source: www.localgovernmentlawyer.co.uk

The Court of Protection, s.48 and interim orders – Local Government Lawyer

Posted October 2nd, 2020 in care homes, consent, Court of Protection, local government, mental health, news by tracey

‘Lee Parkhill analyses an important Court of Protection ruling on s. 48 of the Mental Capacity Act and interim orders.’

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Local Government Lawyer, 2nd October 2020

Source: www.localgovernmentlawyer.co.uk

Disabled lawyers “benefit from homeworking during pandemic” – Legal Futures

‘The suspension of office working under lockdown has helped improve the mental and physical health of disabled lawyers, research has indicated.’

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Legal Futures, 2nd October 2020

Source: www.legalfutures.co.uk

How cohabiting couples should protect their finances – Family Law

‘Historically, cohabitation agreements, sometimes known as “no-Nups”, were frowned upon as they were seen to encourage sexual relations outside of marriage. Thankfully, times have moved on and that’s no longer the case. The general view is that such agreements are enforceable if they deal with cohabitees’ property and affairs, and provided they are entered into freely with full information. Often, disputes between cohabitees following separation relate to what was or wasn’t intended, for example, in relation to the property in which they live. Having a clear record of the cohabitees’ intentions in a cohabitation agreement can avoid expensive disputes about those issues.’

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Family Law, 30th September 2020

Source: www.familylaw.co.uk

No fault divorce – why lawyers like me hope new law can end the bitter blame game – Family Law

Posted October 2nd, 2020 in bills, divorce, families, family courts, legal profession, news, solicitors by tracey

‘As a divorce lawyer, it is important to remember that you are the ultimate distress purchase. No-one starts their marriage thinking it will end in divorce. If the sad day does come when a marriage fails, emotions can run high. Parties can be quick to blame each other for the breakdown. They may think that in placing the blame at the door of the other spouse, they may achieve a better financial outcome, or more time with the kids. You may think “so far, so good” for divorce lawyers. Surely they will benefit from a “War of the Roses” style divorce battle with each party playing the blame game? After all, we all know the good Yorkshire saying: “Where there’s muck, there’s brass”.’

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Family Law, 30th September 2020

Source: www.familylaw.co.uk

‘Basil’ from the Hatton Garden security vault heist ordered to pay almost £6million – Crown Prosecution Service

‘One of the ringleaders from the Hatton Garden security vault heist has today been ordered to pay £5,997,684.93. Michael Seed, known as “Basil”, 58, was convicted in March 2019 for his part in the £13.69 million heist, believed to be one of the largest burglaries in English history.’

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Crown Prosecution Service, 1st October 2020

Source: www.cps.gov.uk

Society alarmed by Covid-19 exemption for lawyers – Law Society’s Gazette

‘The Law Society has raised concerns about latest coronavirus regulations which allow lawyers to break self-isolation rules.’

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Law Society's Gazette, 2nd October 2020

Source: www.lawgazette.co.uk

Ex-headteacher jailed for murder of estranged wife and lover – The Guardian

Posted October 2nd, 2020 in families, imprisonment, married persons, murder, news, sentencing by tracey

‘A former headteacher has been jailed for a minimum of 31 years for murdering his estranged wife and her lover on New Year’s Day.’

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The Guardian, 1st October 2020

Source: www.theguardian.com

Legalise e-scooters in UK as alternative to short car trips, MPs say – The Guardian

‘MPs have called on the government to legalise e-scooters in the UK and advertise them to car drivers as a greener alternative for short journeys.’

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The Guardian, 2nd October 2020

Source: www.theguardian.com

Ex-BBC presenter jailed for child sex offences – BBC News

‘A former BBC presenter and church minister has been sentenced to 10 years and four months in prison for sexually abusing children and adults.’

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BBC News, 2nd October 2020

Source: www.bbc.co.uk