June 2022 – Page 6 – Current Awareness

The obligation to pay a notified sum where the contractor is insolvent – Practical Law: Construction Blog

Posted June 17th, 2022 in construction industry, enforcement, insolvency, news by tracey

‘The general rule created by section 111 of the Construction Act 1996 is well known: in the absence of a pay less notice, the notified sum is to be paid without set-off or deduction. Although this is capable of causing problems for an employer in the short term, any overpayments can usually be corrected in future payment cycles (whether interim or final) or by a true value adjudication (following S&T (UK) Ltd v Grove Developments Ltd).’

Practical Law: Construction Blog, 15th June 2022

Source: constructionblog.practicallaw.com

Tort claims for economic loss on construction projects – Avantage v WSP – Practical Law: Construction Blog

Posted June 17th, 2022 in construction industry, duty of care, negligence, news by tracey

‘Construction claims usually arise out of a breach of contract, because it is easier to establish liability than under a tortious claim. However, where there is no contract or the contractual limitation period has expired, or a contracting party is insolvent or is uninsured, parties may have no choice but to bring a claim in tort.’

Practical Law: Construction Blog , 14th June 2022

Source: constructionblog.practicallaw.com

New pilots to boost support for rape victims in court – Ministry of Justice

Posted June 17th, 2022 in bills, cross-examination, Crown Court, mental health, Ministry of Justice, news, pilot schemes, rape, sexual offences, victims, video recordings by tracey

‘Rape victims will receive enhanced support at 3 Crown Courts under a new pilot scheme launched by the government today (16 June 2022) as part of efforts to drive up prosecutions and convictions.’

Ministry of Justice, 16th June 2022

Source: www.gov.uk

Speech by the Lord Chief Justice: Slynn Lecture – Courts and Tribunals Judiciary

Posted June 17th, 2022 in coronavirus, criminal justice, Crown Court, judges, solicitors, speeches by tracey

‘Speech by the Lord Chief Justice: Slynn Lecture.’

Courts and Tribunals Judiciary , 16th June 2022

Source: www.judiciary.uk

Apple faces £768m collective action for ‘throttling’ iPhones – Law Society’s Gazette

Posted June 17th, 2022 in class actions, competition, consumer protection, news, telecommunications by tracey

‘Technology giant Apple is facing a £768m collective action over claims it secretly “throttled” iPhones with software updates to disguise overloaded batteries.
Consumer champion Justin Gutmann, formerly of Citizens Advice, is bringing the case on behalf of around 25 million people against Apple for allegedly abusing its market dominance by concealing a ‘power management tool’ in updates which reduced iPhones’ performance by up to 58%.’

Law Society's Gazette, 16th June 2022

Source: www.lawgazette.co.uk

Financial Remedy Update, June 2022 – Family Law Week

Posted June 17th, 2022 in children, divorce, domestic violence, families, family courts, fees, news by tracey

‘Rose-Marie Drury, Principle Associate at Mills & Reeve LLP considers the most important news and case law relating to financial remedies and divorce during May 2022.’

Family Law Week, 13th June 2022

Source: www.familylawweek.co.uk

Liverpool gangland enforcer charged £10k to blind victim – BBC News

Posted June 17th, 2022 in firearms, gangs, grievous bodily harm, imprisonment, news, sentencing, telecommunications by tracey

‘A gangland enforcer who threw acid in a man’s face and plotted to blind others under the orders of an underworld crime boss has been jailed for life.’

BBC News, 16th June 2022

Source: www.bbc.co.uk

Burying of Victorian bridge in Cumbria must be reversed, says council – The Guardian

Posted June 17th, 2022 in complaints, local government, news, planning, railways, repairs, roads by tracey

‘The government’s road agency will be forced to remove hundreds of tonnes of concrete it used to bury a Victorian bridge arch despite offering a £450,000 sweetener to allow the controversial scheme to stay. Eden district council’s planning committee resisted the offer by unanimously deciding to refuse National Highways (NH) retrospective planning permission for a crude infilling project at Great Musgrave, Cumbria, that was widely condemned as “cultural vandalism”.’

The Guardian, 16th June 2022

Source: www.theguardian.com

Co-owners jailed and firm fined £2m over deaths of workers in animal feed tanker – The Independent

Posted June 17th, 2022 in company directors, corporate manslaughter, fines, health & safety, imprisonment, news, sentencing by tracey

‘A food waste recycling company has been fined £2 million and one of its co-owners jailed for 13 years after two workers died in a road haulage tanker containing pig feed.’

The Independent, 16th June 2022

Source: www.independent.co.uk

Covid: Anti-vaxxer jailed for north Wales jab centres vandalism – BBC News

Posted June 17th, 2022 in coronavirus, criminal damage, imprisonment, news, sentencing by tracey

‘An anti-vaxxer has been jailed for smashing windows with rocks at two north Wales Covid vaccination centres’

BBC News, 16th June 2022

Source: www.bbc.co.uk

Woman jailed for using 15-year-old as ‘sexual plaything’ – The Independent

Posted June 17th, 2022 in child abuse, children, drug offences, imprisonment, news, sentencing, sexual offences, victims by tracey

‘A woman has been jailed after she made a schoolboy her “sexual plaything” and plied him with drugs.’

The Independent, 16th June 2022

Source: www.independent.co.uk

Rape courts pilot in England dismissed as ‘gimmick’ amid low conviction rates – The Guardian

Posted June 17th, 2022 in barristers, criminal justice, Crown Court, Ministry of Justice, news, pilot schemes, rape, sexual offences, victims by tracey

‘The announcement of three specialist courtrooms to prosecute rape cases has been dismissed as a “gimmick” that does not address the chronic underfunding of the justice system that led to a fall in convictions.’

The Guardian, 16th June 2022

Source: www.theguardian.com

Black people in Merseyside twice as likely to be arrested – report – BBC News

Posted June 17th, 2022 in equality, news, police, race discrimination, racism, statistics by tracey

‘Black people in Merseyside are twice as likely to face arrest than white people, a police report has revealed.’

BBC News, 17th June 2022

Source: www.bbc.co.uk

Article 2 inquest determination concerning Community Mental Health Services quashed – UK Human Rights Blog

Posted June 16th, 2022 in coroners, hospitals, inquests, mental health, news, statutory duty by sally

‘In R (Patton) v HM Assistant Coroner for Carmarthenshire and Pembrokeshire [2022] EWHC 1377 (Admin), Mrs Justice Hill quashed a ruling that the Article 2 general (or systemic) duty has not been potentially engaged by the death of Kianna Patton.’

UK Human Rights Blog, 15th June 2022

Source: ukhumanrightsblog.com

High Court: No case justifies only using grade A fee-earners – Legal Futures

Posted June 16th, 2022 in costs, fees, news, solicitors by sally

‘A High Court judge said yesterday that he has never come across a case where some of the work could not be delegated to a more junior fee-earner.’

Legal Futures, 16th June 2022

Source: www.legalfutures.co.uk

Rapist who assaulted unconscious victim for more than an hour jailed for life – The Independent

Posted June 16th, 2022 in guilty pleas, news, rape, sentencing by sally

‘A sex offender who raped a woman while she lay unconscious has been sentenced to life in prison.’

The Independent, 15th June 2022

Source: www.independent.co.uk

The Public Order Bill ‘Fundamentally Threatens’ UK Democracy – Each Other

Posted June 16th, 2022 in bills, freedom of expression, human rights, news, public order by sally

‘In the UK, there are several Bills and Acts that may threaten the right to free speech under UK and international law, including the Public Order Bill, The Police, Crime, Sentencing and Courts Act 2022, The Online Safety Bill to name a few. The right to free speech is protected under Article 10 of the the Human Rights Act (HRA) and under Article 19 of the Universal Declaration of Human Rights. Freedom of speech protects the right to express and disseminate opinions, ideas and information through any means, as well as providing a tool to hold authorities to account. Quinn McKew, Executive Director of advocacy group Article 19, tells us how the Public Order Bill threatens democracy in the UK.’

Each Other, 15th June 2022

Source: eachother.org.uk

New Judgment: Secretary of State for the Home Department v SC (Jamaica) [2022] UKSC 15 – UKSC Blog

Posted June 16th, 2022 in deportation, human rights, Jamaica, news, Supreme Court by sally

‘The Appellant is a Jamaican national, born in 1991. He came to the UK in December 2001 and has lived here since then. The Appellant’s mother is a lesbian who was persecuted by gang members in Jamaica, at whose hands both the Appellant and his mother suffered violence, harassment and assault. The Appellant and his mother were granted indefinite leave to remain in the UK as refugees in October 2003. The Appellant committed several criminal offences between 2005 and 2012. In June 2012, the Appellant was convicted of assault causing actual bodily harm for which he was sentenced to two years in a young offender’s institution. As a result, the Appellant is a foreign criminal who qualifies for automatic deportation under the UK Borders Act 2007.’

UKSC Blog, 15th June 2022

Source: ukscblog.com

Fine for male trainee who told female colleague: “I roofied your drink” – Legal Futures

Posted June 16th, 2022 in alcohol abuse, disciplinary procedures, fines, harassment, news, solicitors by sally

‘A trainee solicitor who subjected two female colleagues to “harassing and abusive behaviour” at a work Christmas party has been fined £2,000 by the Solicitors Regulation Authority (SRA).’

Legal Futures, 16th June 2022

Source: www.legalfutures.co.uk

British Gymnastics braces for publication of damning report on abuse – The Guardian

Posted June 16th, 2022 in bullying, coercive & controlling behaviour, news, reports, sport, young persons by sally

‘British Gymnastics is bracing itself for a damning 300-page report into its abuse scandal. The document is expected to strongly criticise the governing body’s previous leadership when it is published on Thursday afternoon.’

The Guardian, 15th June 2022

Source: www.theguardian.com

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