Full-Time Law Reporters

Posted January 20th, 2022 in by sally

The Incorporated Council of Law Reporting seeks to recruit FULL-TIME LAW REPORTERS.

Applicants must be a member of the Bar of England and Wales, or a solicitor on the roll of solicitors in England and Wales.

To apply send a covering letter and your CV to recruitment@iclr.co.uk
Applications close on Monday 31st January 2022

TCC severs adjudicator’s decision – Practical Law: Construction Blog

Posted January 20th, 2022 in building law, construction industry, dispute resolution, news, set-off by tracey

‘I appreciate that not everyone will agree but, as well as striving to get to the right answer, correctly applying the law, and so on, most adjudicators also want to provide the parties with a decision that is ultimately enforceable by the TCC. I think I also speak for most adjudicators when I say that it comes as somewhat of a relief when we read a judgment on BAILII or the like and we’ve been enforced.

But what about cases where only part of the decision is enforced, and the other part is severed? It is arguable that for the adjudicator it is, to use the language of the Black Knight in Monty Python and the Holy Grail, “just a flesh wound”. However, I can attest to the fact that it is frustrating, having been one of the first adjudicators to be severed back in 2012 in Beck Interiors v UK Flooring Contractors. I was thoroughly annoyed with myself for getting it wrong and only part of my decision was enforced (but I was assured by my peers that “tis but a scratch”).’

Full Story

Practical Law: Construction Blog, 19th January 2022

Source: constructionblog.practicallaw.com

BAILII: Recent Decisions

Posted January 20th, 2022 in law reports by tracey

High Court (Administrative Court)

MA & Anor, R (On the Application Of) v Coventry City Council & Anor [2022] EWHC 98 (Admin) (19 January 2022)

High Court (Chancery Division)

Vneshprombank LLC v Bedzhamov [2022] EWHC 101 (Ch) (19 January 2022)

High Court (Commercial Court)

The Huntsworth Wine Company Ltd v London City Bond Ltd [2022] EWHC 98 (comm) (19 January 2022)

High Court (Queen’s Bench Division)

O’Grady v B15 Group Ltd [2022] EWHC 67 (QB) (17 January 2022)

Source: www.bailii.org

Statutory Instruments – legislation.gov.uk

Posted January 20th, 2022 in legislation by tracey

SI 2022/54 – The Family Proceedings Fees (Amendment) Order 2022

SI 2022/41 – The Merchant Shipping (High Speed Offshore Service Craft) Regulations 2022

SI 2022/31 – The Companies (Strategic Report) (Climate-related Financial Disclosure) Regulations 2022

Source: www.legislation.gov.uk

Should We All Have The Right To Die On Our Own Terms? – Each Other

Posted January 20th, 2022 in assisted suicide, bills, disabled persons, euthanasia, news by tracey

‘As the Assisted Dying Bill is scrutinised in parliament, the debate over whether terminally ill people should have the right to die is heating up again. So, what could a right to die look like in the UK?’

Full Story

Each Other, 20th January 2022

Source: eachother.org.uk

Some clinical trials will be able to be conducted in the UK without prior regulatory review under legislative reforms set out by regulators. – OUT-LAW.com

Posted January 20th, 2022 in consultations, health, medicines, news by tracey

‘The proposals, developed by the Medicines and Healthcare products Regulatory Agency (MHRA) and Health Research Authority (HRA) in collaboration with clinical research experts, are aimed at ending the existing “one size fits all” approach to clinical trials regulation in the UK and replacing it with a risk-based framework.’

Full Story

OUT-LAW.com, 18th January 2022

Source: www.pinsentmasons.com

Gaps in Time and Space: Claims for Clinical Negligence by Secondary Victims following Paul v Royal Wolverhampton NHS Trust – Ropewalk Clinical Negligence Blog

Posted January 20th, 2022 in hospitals, negligence, news, psychiatric damage, third parties by tracey

‘A heavyweight Court of Appeal, comprising the Master of the Rolls, the Vice President of the Court of Appeal (Civil Division) and Nicola Davies LJ has handed down judgment in the conjoined appeals of Paul v Wolverhampton NHS Trust; Polmear v Royal Cornwall Hospital NHS Trust; Purchase v Ahmed [2022] EWCA Civ 12 (referred to, together, in this post as “Paul”). The appeal has been awaited and closely watched, dealing as it does with claims for psychiatric injury by secondary victims (that category of cases referred to, historically, as “nervous shock claims”) in a clinical negligence context. The Master of the Rolls gave the leading judgment, with which the Vice President and Nicola Davies LJ agreed.’

Full Story

Ropewalk Clinical Negligence Blog, 18th January 2022

Source: www.ropewalk.co.uk

Barry Bennell abuse claim falls on limitation and vicarious liability – UK Human Rights Blog

Posted January 20th, 2022 in child abuse, news, sexual offences, sport, vicarious liability by tracey

‘TVZ and Ors v Manchester City Football Club Ltd [2022] EWHC 7 (QB). Barry Bennell was a football coach who sexually abused a number of boys in the 1980s. He is serving a sentence of 34 years imprisonment and, at the age of 68, is likely to die in jail. The Claimants in this case were his victims. Mr Justice Johnson described each as a ‘remarkable’ men, courageously giving evidence and some waiving their rights to anonymity determined to do everything they could to encourage others to come forward and ensure Bennell was prosecuted and, ultimately, convicted. The issue in this case was not the veracity of their account – the judge made is explicitly clear they were believed and the Defendant did not question the fact the abuse had occurred. The dispute was whether civil liability attached to Manchester City football club for the abuse committed by Bennell. There were two fundamental hurdles for the Claimants: limitation and vicarious liability. On the particular facts, the court found that they failed to overcome both.’

Full Story

UK Human Rights Blog, 19th January 2022

Source: ukhumanrightsblog.com

Family Court judge criticises “seriously flawed” investigation into injuries suffered by boy – Local Government Lawyer

Posted January 20th, 2022 in child abuse, children, evidence, local government, news by tracey

‘A county council failed to establish that a child’s injuries were inflicted and the investigation into responsibility for those injuries was “seriously flawed”, a Family Court judge has found.’

Full Story

Local Government Lawyer, 20th January 2022

Source: www.localgovernmentlawyer.co.uk

Failure in childcare case to identify cognitive difficulties of appellant and to make appropriate participation directions “amounted to serious procedural irregularity”, Court of Appeal rules – Local Government Lawyer

Posted January 20th, 2022 in care orders, children, learning difficulties, news, witnesses by tracey

‘Failure to identify an appellant’s cognitive limitations led to procedural unfairness in a case involving children, the Court of Appeal has found.’

Full Story

Local Government Lawyer, 20th January 2022

Source: www.localgovernmentlawyer.co.uk

Government defeats High Court challenge to ending of ‘Everyone In’ initiative – Local Government Lawyer

Posted January 20th, 2022 in coronavirus, government departments, homelessness, housing, judicial review, news by tracey

‘A High Court judge has dismissed a judicial review challenge over the Government’s to end the ‘Everyone In’ initiative that was launched to get rough sleepers off the streets during the pandemic.’

Full Story

Local Government Lawyer, 20th January 2022

Source: www.localgovernmentlawyer.co.uk

MoJ threatened with fine over huge data request backlog – Legal Futures

Posted January 20th, 2022 in data protection, delay, fines, Ministry of Justice, news by tracey

‘The Information Commissioner’s Office (ICO) has threatened to fine the Ministry of Justice (MoJ) if it fails to deal with thousands of outstanding subject access requests (SARs).’

Full Story

Legal Futures, 19th January 2022

Source: www.legalfutures.co.uk

Public bodies not generally liable for ‘merely acting ineffectually’, CoA rules – Law Society’s Gazette

Posted January 20th, 2022 in accidents, duty of care, news, police, road traffic by tracey

‘Public authorities do not generally owe a duty of care “where it has intervened but has done so ineffectually” in a way which fails to confer a benefit rather than “making matters worse”, the Court of Appeal ruled today.’

Full Story

Law Society's Gazette, 18th January 2022

Source: www.lawgazette.co.uk

Covid denier fined for filming in Gloucester hospital – The Guardian

Posted January 20th, 2022 in coronavirus, fines, harassment, hospitals, news, threatening behaviour, video recordings by tracey

‘A woman acting as a “guerrilla journalist” when she filmed inside a hospital in an attempt to prove her belief that lockdown measures were disproportionate has been convicted of a public order offence.’

Full Story

The Guardian, 19th January 2022

Source: www.theguardian.com

Government pauses plans to rewrite UK copyright laws after authors protest – The Guardian

Posted January 20th, 2022 in brexit, copyright, news, publishing by tracey

‘After authors including Kate Mosse and Philip Pullman warned that proposals to change the UK’s copyright laws could be “devastating” for writers, the government has paused its plans.’

Full Story

The Guardian, 19th January 2022

Source: www.theguardian.com

Ben John: Extremist ordered to read books is jailed – BBC News

‘A man told by a judge to read classic literature after being found guilty of a terrorism offence will be jailed after a suspended sentence was quashed.’

Full Story

BBC News, 19th January 2022

Source: www.bbc.co.uk

14-year-old boy one of youngest in UK to be convicted of terror charges – The Guardian

Posted January 20th, 2022 in guilty pleas, news, terrorism, young offenders by tracey

‘A 14-year-old schoolboy from Darlington has become one of the youngest people in the UK to be convicted of terror charges.’

Full Story

The Guardian, 19th January 2022

Source: www.theguardian.com

LGBT veterans who served during ban on gay troops to share experiences in government review – The Independent

Posted January 20th, 2022 in armed forces, homosexuality, news by tracey

‘LGBT veterans will be asked about how they were treated when serving in the British military while there was a ban on gay personnel.’

Full Story

The Independent, 19th January 2022

Source: www.independent.co.uk