How far does an interim valuation adjudication bind determination of the final account? – Practical Law: Construction Blog

Posted July 11th, 2022 in construction industry, dispute resolution, news, precedent by tracey

‘I was lucky enough to be asked to give a recent case law update lecture for the Adjudication Society. At the end one of the delegates asked a very sensible question, namely to what extent do matters decided by an adjudicator concerning an interim valuation bind later valuations. It’s an issue that I’ve been asked about before, and it’s also one of those that can promote polarising debate, with some extreme positions taken.’

Full Story

Practical Law: Construction Blog, 5th July 2022


What the Princess of Pop teaches us about Capacity – Belinda Cheney – UK Human Rights Blog

Posted July 11th, 2022 in Court of Protection, deputyship, human rights, mental health, news by tracey

‘I was gripped by the Britney Spears saga. This phenomenally successful pop star was deemed to lack capacity in relation to most aspects of her life and finances for more than 13 years allowing her father full control over her considerable fortune and her person and critically, she was unable to object until the “Free Britney” movement highlighted the rampant injustice of the situation. Only then was she was permitted to appoint her own lawyer and “freed”. In this we consider briefly the similarities and differences between the US conservatorship and the UK deputyship.’

Full Story

UK Human Rights Blog, 7th July 2022


Recent Statutory Instruments –

Posted July 11th, 2022 in legislation by tracey

SI 2022/754 – The Taxation of Chargeable Gains (Gilt-edged Securities) Order 2022

SI 2022/752 – The Universal Credit (Transitional Provisions) Amendment Regulations 2022

SI 2022/718 – The Building (Approved Inspectors etc.) (Amendment) (England) Regulations 2022

SI 2022/769 – The Local Authority and Combined Authority Elections (Nomination of Candidates) (Amendment) (England) Regulations 2022

SI 2022/766 – The Public Procurement (International Trade Agreements) (Amendment) Regulations 2022

SI 2022/765 – The Rural Development (Amendment) (England) Regulations 2022

SI 2022/753 – The Safety of Sports Grounds (Designation) (Amendment) (England) (No. 2) Order 2022

SI 2022/762 – The Statutory Auditors and Third Country Auditors (Amendment) Regulations 2022

SI 2022/773 – The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 27) Order 2022

SI 2022/771 – The Seal Products (Amendment) Regulations 2022

SI 2022/770 – The Corporate Interest Restriction (Electronic Communications) Regulations 2022

SI 2022/737 – The Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Regulations 2022

SI 2022/772 – The Warm Home Discount (England and Wales) Regulations 2022


BAILII: Recent Decisions

Posted July 11th, 2022 in law reports by tracey

Supreme Court

Basfar v Wong [2022] UKSC 20 (06 July 2022)

Court of Appeal (Civil Division)

Doyle v M&D Foundations & Building Services Ltd [2022] EWCA Civ 927 (08 July 2022)

Municipio De Mariana & Ors v BHP Group (UK) Ltd & Anor [2022] EWCA Civ 951 (08 July 2022)

Barts Health NHS Trust v Dance & Ors (Re Archie Battersbee) [2022] EWCA Civ 935 (06 July 2022)

Candey Ltd v Tonstate Group Ltd & Ors [2022] EWCA Civ 936 (06 July 2022)

CV (A Child) (Placement Order) (Rev1) [2022] EWCA Civ 930 (06 July 2022)

Court of Appeal (Criminal Division)

APJ, R. v [2022] EWCA Crim 942 (07 July 2022)

Bhatt, R. v [2022] EWCA Crim 926 (07 July 2022)

AHC, R. v [2022] EWCA Crim 925 (05 July 2022)

BWM, R. v [2022] EWCA Crim 924 (05 July 2022)

AGM, R. v [2022] EWCA Crim 920 (05 July 2022)

High Court (Administrative Court)

SO, R (On the Application Of) v Thanet District Council [2022] EWHC 1731 (Admin) (08 July 2022)

FA Gill Ltd & Ors, R (On the Application Of) v Food Standards Agency [2022] EWHC 1709 (Admin) (07 July 2022)

TV Harrison CIC v Leeds City Council [2022] EWHC 1675 (Admin) (06 July 2022)

Durojaiye, R (On the Application Of) v Crown Court at Croydon [2022] EWHC 1736 (Admin) (06 July 2022)

Lu v Solicitors Regulation Authority [2022] EWHC 1729 (Admin) (06 July 2022)

Newby Foods Ltd, R (On the Application Of) v Food Standards Agency [2022] EWHC 1505 (Admin) (05 July 2022)

City of Wolverhampton Council & Ors, R (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 1721 (Admin) (05 July 2022)

Kellogg Marketing And Sales Company (UK) Ltd & Anor, R (On the Application Of) v Secretary of State for Health And Social Care [2022] EWHC 1710 (Admin) (04 July 2022)

High Court (Chancery Division)

James Cropper PLC & Anor v Aviva Life and Pensions UK Ltd [2022] EWHC 1689 (Ch) (08 July 2022)

Patel v Mann & Anor [2022] EWHC 1747 (Ch) (08 July 2022)

Consilient Health Ltd v Gedeon Richter PLC [2022] EWHC 1744 (Ch) (07 July 2022)

O’Connell & Ors v LPE Support Ltd [2022] EWHC 1672 (Ch) (07 July 2022)

Plymouth City Council v ABC [2022] EWHC 1670 (Ch) (06 July 2022)

Allianz Global Investors GmbH & Ors v G4S Plc [2022] EWHC 1719 (Ch) (05 July 2022)

Societe des Produits Nestle SA v Cadbury UK Ltd [2022] EWHC 1671 (Ch) (05 July 2022)

Williams v Williams & Ors [2022] EWHC 1717 (Ch) (04 July 2022)

Rushbrooke UK Ltd v 4 Designs Concept Ltd [2022] EWHC 1687 (Ch) (04 July 2022)

High Court (Family Division)

Ahmed v Khan [2022] EWHC 1748 (Fam) (07 July 2022)

S (A Child) (Jurisdiction) [2022] EWHC 1720 (Fam) (04 July 2022)

High Court (Patents Court)

JC Bamford Excavators Ltd v Manitou UK Ltd & Anor [2022] EWHC 1724 (Pat) (04 July 2022)

High Court (Queen’s Bench Division)

The Duke of Sussex v Associated Newspapers Ltd [2022] EWHC 1755 (QB) (08 July 2022)

Soriano v Societe D’exploitation De L’hebdomadaire Le Point SA & Anor [2022] EWHC 1763 (QB) (08 July 2022)

Kerseviciene v Quadri & Anor (Costs) [2022] EWHC 1757 (QB) (07 July 2022)

Essex Police v Adeniji & Anor [2022] EWHC 1725 (QB) (05 July 2022)


“No claim is unmanageable”: Court of Appeal reinstates huge group action – Legal Futures

Posted July 11th, 2022 in appeals, class actions, damages, foreign jurisdictions, news, pollution by tracey

‘The Court of Appeal has reinstated a £5bn claim that a High Court judge struck out because it risked becoming “the largest white elephant in the history of group actions”.’

Full Story

Legal Futures, 11th July 2022


PI costs ruling could have “significant” impact on settled cases – Legal Futures

Posted July 11th, 2022 in appeals, barristers, compensation, costs, news, part 36 offers, personal injuries by tracey

‘A Court of Appeal ruling that the wording of a settlement of a personal injury claim supplanted fixed costs could have “significant” implications, including for cases that have already settled, a leading costs barrister has warned.’

Full Story

Legal Futures, 11th July 2022


Sir Mark Rowley announced as Commissioner of the Metropolitan Police – Home Office

Posted July 11th, 2022 in government departments, London, news, police by tracey

‘Home Secretary Priti Patel has confirmed the appointment of Sir Mark Rowley to lead the UK’s largest police force.’

Full Story

Home Office, 8th July 2022


A guide to protecting non-matrimonial assets in divorce – Family Law

‘A key consideration in any divorce is how to divide your assets. Assets which are acquired or built up during the marriage (matrimonial or marital assets) are generally divided equally. But what if you came into the marriage with significant premarital wealth or received a substantial inheritance before or after your separation? You may feel that it is unfair for these assets to be divided at all, and you may want to protect them in the event of a divorce.’

Full Story

Family Law, 6th July 2022


Government launches new mediation scheme to help thousands more families avoid costly legal battles – Family Law

‘An extra £5.4 million in funding will help even more families to resolve disputes away from court, such as contact arrangements for children.’

Full Story

Family Law, 7th July 2022


Man jailed for life the murder of Kent Police PCSO Julia James – Crown Prosecution Service

Posted July 11th, 2022 in Crown Prosecution Service, imprisonment, murder, news, police, sentencing by tracey

‘Callum Wheeler has been sentenced to life imprisonment for murdering Kent Police PCSO Julia James, as she walked her dog in the woods near her home.’

Full Story

Crown Prosecution Service, 8th July 2022


Reforms to protect victims of intimate image abuse, criminalising “downblousing” and sharing pornographic deepfakes without consent – Law Commission

Posted July 11th, 2022 in consent, criminal justice, Law Commission, news, pornography, victims, voyeurism by tracey

‘The Law Commission of England and Wales has today proposed new recommendations to strengthen the law to protect victims of intimate image abuse.’

Full Story

Law Commission, 7th July 2022


Prisoners denied access to forensic evidence in bid to prove their innocence – The Guardian

‘Prisoners convicted of serious crimes who may be the victims of miscarriages of justice are being blocked from access to crucial forensic information that could prove their innocence, experts have warned.’

Full Story

The Guardian, 11th July 2022


Parents of brain-damaged 12-year-old boy set for latest stage of legal battle – The Independent

Posted July 11th, 2022 in appeals, children, doctors, families, family courts, medical treatment, news by tracey

‘The parents of a 12-year-old boy who suffered brain damage three months ago are preparing for the latest stage of a life-support treatment battle. Hollie Dance and Paul Battersbee are hoping a High Court judge will rule that doctors should keep providing treatment to their son Archie Battersbee, after reviewing evidence.’

Full Story

The Independent, 11th July 2022


Row over UK child visas as Ukrainian violinist’s three-month wait continues – The Guardian

Posted July 11th, 2022 in asylum, children, government departments, immigration, news, refugees, Russia, Ukraine, visas, war by tracey

‘A talented 17-year-old violinist living on the frontline in south-east Ukraine has been left waiting three months for a British visa, revealing serious flaws in government promises to help unaccompanied children.’

Full Story

The Guardian, 10th July 2022


Female doctors launch campaign against harassment in UK healthcare – The Guardian

Posted July 11th, 2022 in doctors, equality, harassment, hospitals, news, sex discrimination, statistics, women by tracey

‘Female doctors have launched an online campaign that they say exposes shocking gender-based discrimination, harassment and sexual assault in healthcare.’

Full Story

The Guardian, 11th July 2022


Ceredigion salmon poacher pays just £1 of £61,000 ordered by court – BBC News

Posted July 11th, 2022 in animals, confiscation, gangs, hunting, news, proceeds of crime by tracey

‘The leader of a poaching gang ordered to pay more than £61,000 has paid back just £1 after saying he had no money.’

Full Story

BBC news, 9th July 2022


Cwm Taf Morgannwg fined £850k after Maesteg patient death – BBC News

‘A health board has been fined £850,000 after a patient fell in the grounds of a hospital and died from her injuries after wandering from an unlocked ward.’

Full Story

BBC News, 9th July 2022