Enforcement of adjudicator’s decision refused as proceedings were an abuse of process – Practical Law: Construction Blog

‘We often hear cases referred to as having turned on their facts and, if there was ever an example of this it would be the judgment handed down in October 2021 in G&D Brickwork Contractors Ltd v Marbank Construction Ltd. The parties’ names will ring a bell with some of you because, earlier in the year, O’Farrell J refused to grant an injunction restraining G&D from bringing adjudication proceedings, and last month’s judgment from Joanna Smith J deals with the enforcement of the adjudicator’s decision.’

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Practical Law: Construction Blog, 24th November 2021

Source: constructionblog.practicallaw.com

Statutory Instruments – legislation.gov.uk

Posted November 26th, 2021 in legislation by tracey

SI 2021/1307 – The Avian Influenza (H5N1 in Wild Birds) (England) (Amendment) (No. 2) Order 2021

SI 2021/1305 – The Avian Influenza (H5N1 in Wild Birds) (England) (Amendment) Order 2021

SI 2021/1301 – The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) (No. 2) Order 2021

SI 2021/1308 – The Occupational Pensions (Revaluation) Order 2021

SI 2021/1318 – The Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 3) Order 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 26th, 2021 in law reports by tracey

Supreme Court

A Local Authority v JB [2021] UKSC 52 (24 November 2021)

Court of Appeal (Civil Division)

AH, Re (Serious Medical Treatment) [2021] EWCA Civ 1768 (25 November 2021)

Park v CNH Industrial Capital Europe Ltd (t/a CNH Capital) [2021] EWCA Civ 1766 (24 November 2021)

The Motherhood Plan & Anor, R. (On the Application of) v Her Majesty’s Treasury [2021] EWCA Civ 1703 (24 November 2021)

EUI Ltd v UK Vodaphone Ltd [2021] EWCA Civ 1771 (24 November 2021)

Court of Appeal (Criminal Division)

Ahmed, R. v [2021] EWCA Crim 1786 (25 November 2021)

High Court (Administrative Court)

Bousfield, R (On the Application Of) v The Parole Board for England and Wales [2021] EWHC 3160 (Admin) (25 November 2021)

Tidal Lagoon (Swansea Bay) Plc v Secretary of State for Business Energy And Industrial Strategy & Ors [2021] EWHC 3170 (Admin) (25 November 2021)

Ekwoge v Centeral District Court In Buda (Hungary) [2021] EWHC 3163 (Admin) (24 November 2021)

High Court (Chancery Division)

Malik v Hussain (Rev1) [2021] EWHC 3161 (Ch) (25 November 2021)

Prudential Assurance Company Ltd & Anor, Re [2021] EWHC 3152 (Ch) (24 November 2021)

High Court (Patents Court)

Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors [2021] EWHC 3121 (Pat) (25 November 2021)

High Court (Queen’s Bench Division)

Damavand Media Ltd & Anor v DMA Media Ltd & Anor [2021] EWHC 3164 (QB) (25 November 2021)

Public Joint Stock Company Rosneft Oil Company v Harpercollins Publishers Ltd & Anor [2021] EWHC 3141 (QB) (24 November 2021)

Wokingham Borough Council v Jules & Anor [2021] EWHC 3135 (QB) (24 November 2021)

Komives & Anor v Hick Lane Bedding Ltd & Anor [2021] EWHC 3139 (QB) (24 November 2021)

Abramovich v Harpercollins Publishers Ltd & Anor [2021] EWHC 3154 (QB) (24 November 2021)

Source: www.bailii.org

Firearms – importation sentencing guidelines published – Sentencing Council

‘The Council has published a new guideline for sentencing offenders convicted of firearms importation offences in England and Wales, following consultation.’

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Sentencing Council, 24th November 2021

Source: www.sentencingcouncil.org.uk

Consultation to enhance legal support for those facing eviction or repossession – gov.uk

‘People at risk of losing their home are set to benefit from enhanced legal support following a consultation launched by the government today

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gov.uk, 25th November 2021

Source: www.gov.uk

We need real decisions about artificial intelligence – Local Government Lawyer

‘The regulatory framework around the use of artificial intelligence by local authorities is inadequate but existing governance mechanisms can address concerns, writes Sue Chadwick.’

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Local Government Lawyer, 26th November 2021

Source: www.localgovernmentlawyer.co.uk

Supreme Court hands down landmark ruling on capacity to consent to sexual relations – Local Government Lawyer

‘The Supreme Court has upheld a Court of Appeal decision that to have capacity to have sexual relations with another person, a person needs be aware that their partner must have the ability to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’

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Local Government Lawyer, 24th November 2021

Source: www.localgovernmentlawyer.co.uk

Master of the Rolls fires starting gun on civil costs revolution – Legal Futures

Posted November 26th, 2021 in civil justice, costs, judges, news by tracey

‘The Master of the Rolls yesterday signalled his intention to revolutionise civil costs and has already set the Civil Justice Council (CJC) working on a wide-ranging review.’

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Legal Futures, 26th November 2021

Source: www.legalfutures.co.uk

‘Pressing need’ for guidance on judicial visits in CoP – McFarlane – Law Society’s Gazette

‘There is a “pressing need” for the Court of Protection to develop guidance for practitioners and judges on judicial visits to the subject of proceedings, the president of the Family Division has said. A decision that it was in the best interests of a 56-year-old woman, described as “the most complex Covid patient in the world”, to have life-sustaining treatment withdrawn was overturned today because of possible procedural unfairness in relation to the judge’s visit to see her in hospital.’

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Law Society's Gazette, 25th November 2021

Source: www.lawgazette.co.uk

The law of England and Wales can accommodate smart legal contracts, concludes Law Commission – Law Commission

Posted November 26th, 2021 in computer programs, contracts, Law Commission, legal services, news by tracey

‘The Law Commission has today confirmed that the existing law of England and Wales is able to accommodate and apply to smart legal contracts, without the need for statutory law reform. The Law Commission notes that, in some contexts, an incremental development of the common law is all that is required to facilitate the use of smart legal contracts within the existing legal framework.’

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Law Commission, 25th November 2021

Source: www.lawcom.gov.uk

Research Briefing: Leasehold Reform (Ground Rent) Bill 2021-22 – House of Commons Library

Posted November 26th, 2021 in bills, housing, leases, news, parliament, rent by tracey

‘This briefing paper outlines the main provisions of the Leasehold Reform (Ground Rent) Bill 2021-22 and the key issues raised during consideration in the House of Lords.’

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House of Commons Library , 25th November 2021

Source: commonslibrary.parliament.uk

Research Briefing: Public Inquiries: non-statutory public inquiries – House of Commons Library

Posted November 26th, 2021 in inquiries, news, parliament by tracey

‘Some public inquiries are underpinned by legislation. Those that are not, “non-statutory” inquiries, have more flexibility, but fewer legal powers.’

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House of Commons Library , 23rd November 2021

Source: commonslibrary.parliament.uk

Priti Patel faces three legal challenges over refugee pushback plans – The Guardian

‘Priti Patel is facing three legal challenges over her controversial plans to push back refugees on small boats in the Channel who are trying to reach the UK.’

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The Guardian, 25th November 2021

Source: www.theguardian.com

Private firms working for UK government ‘should be subject to FOI rules’ – The Guardian

‘Private outsourcing companies that win government contracts should be subject to freedom of information rules, according to the outgoing information commissioner, who warned the existing transparency law is no longer fit for the modern age.’

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The Guardian, 25th November 2021

Source: www.theguardian.com

Jersey approves assisted dying in principle in first for Britain – The Independent

Posted November 26th, 2021 in assisted suicide, Jersey, news by tracey

‘Jersey looks set to become the first place in Britain to approve assisted dying after a landmark vote by the island’s States Assembly. Law-makers supported a proposal that people should, in principle, be allowed to choose to die.’

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The Independent, 25th November 2021

Source: www.independent.co.uk

100 people held more than 20 years in ‘institutions’ – BBC News

‘One hundred people with learning disabilities and autism in England have been held in specialist hospitals for at least 20 years, the BBC has learned. The finding was made during an investigation into the case of an autistic man detained since 2001.’

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BBC news, 25th November 2021

Source: www.bbc.co.uk