Author: sally

Liquidated Damages after Termination: Triple Point Technology v. PTT – 4 New Square

Posted March 12th, 2019 in contracts, damages, delay, interpretation, news, penalties by sally

‘What happens to liquidated damages when a contract is terminated? Is the employer entitled to payment up until the point of termination? Can damages go beyond termination until the point at which the project is completed by someone else? If so, what happens if the project is never completed? These are all questions which one would normally associate with construction contracts. However, it was in the context of a software development project that they came to be considered in the Court of Appeal in Triple Point Technology v. PTT [2019] EWCA Civ 230.’

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4 New Square, 5th March 2019

Source: www.4newsquare.com

DWP defeats public sector equality duty challenge over method of communication with homeless man – Local Government Lawyer

Posted March 12th, 2019 in benefits, disabled persons, electronic mail, homelessness, ministers' powers and duties, news by sally

‘The Department for Work & Pensions has successfully defended a High Court challenge brought by a homeless man who claimed that its approach to communication was in breach of its duties under the public sector equality duty.’

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Local Government Lawyer, 11th March 2019

Source: www.localgovernmentlawyer.co.uk

Bungled Litigation and Costs – 4 New Square

Posted March 12th, 2019 in costs, damages, fees, insurance, negligence, news by sally

‘In principle, costs and funding should be taken into account when determining the value of litigation which has been lost by lawyers’ negligence. The Courts by and large purport to do this,[1] but the reported cases mostly do not do so adequately, and as a result considerably overvalue lost claims. I will attempt in this paper to show why, backed up by some simple calculations. In particular, the possibility of losing any trial makes a very great impact on the value of a claim.’

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4 New Square, 28th February 2019

Source: www.4newsquare.com

Amend Mental Capacity Act code of practice to address covert medication, human rights: Bar Council – Local Government Lawyer

Posted March 12th, 2019 in codes of practice, Court of Protection, human rights, medicines, news by sally

‘The Mental Capacity Act code of practice must be updated to address issues around covert medication, human rights and social care, the Bar Council has said.’

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Local Government Lawyer, 11th March 2019

Source: www.localgovernmentlawyer.co.uk

Gun-obsessed paedophile jailed after 2.2 million indecent images found among arsenal of illegal weapons – Daily Telegraph

Posted March 12th, 2019 in firearms, indecent photographs of children, news, sentencing by sally

‘A gun-obsessed paedophile has been jailed for 12-years after amassing one of the biggest hauls of indecent images ever uncovered.’

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Daily Telegraph, 11th March 2019

Source: www.telegraph.co.uk

Clarification as to the validity of jurisdiction clauses in pre-nuptial agreements (Brack v Brack) – The 36 Group

Posted March 12th, 2019 in financial provision, jurisdiction, news, prenuptial agreements by sally

‘Andrzej Bojarski, barrister in The 36 Group (36Family), discusses the Court of Appeal’s approach in Brack v Brack regarding the validity of jurisdiction clauses in pre-nuptial agreements, and the scope of the court’s discretionary powers when dealing with an application for financial relief in the face of a valid pre-nuptial agreement.’

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The 36 Group, 5th February 2019

Source: 36group.co.uk

What amounts to sexual harassment in law firms “evolving fast” – Legal Futures

Posted March 12th, 2019 in harassment, law firms, news, sexual offences by sally

‘What is defined as harassment in law firms is evolving fast and a telephone call or text that was previously thought innocent might now be considered to be inappropriate, experts have warned.’

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Legal Futures, 12th March 2019

Source: www.legalfutures.co.uk

Children on standalone supervision orders most likely to see return to court for new proceedings – Local Government Lawyer

Posted March 12th, 2019 in children, news, statistics, supervision orders by sally

‘Children on a standalone supervision order have the highest (20%) probability of a return to court for new S31 proceedings within five years compared to the five other types of order, research has found.’

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Local Government Lawyer, 11th March 2019

Source: www.localgovernmentlawyer.co.uk

Ep 72: Fleet Street Law Legend – Frances Gibb – Law Pod UK

Posted March 12th, 2019 in legal profession, media, news, podcasts by sally

‘Frances Gibb has retired after nearly forty years as legal journalist and editor, covering everything from Lord Irvine’s pricey wallpaper to the release of the Guildford Four. She talks to Rosalind English about the challenges of reporting on a profession highly sensitive to slips and slights.’

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Law Pod UK, 11th March 2019

Source: audioboom.com

FCA confirms new ombudsman service award limit – OUT-LAW.com

Posted March 12th, 2019 in compensation, complaints, financial regulation, news, ombudsmen by sally

‘Financial firms could be ordered to pay up to £350,000 in compensation by a UK ombudsman in response to complaints raised about their acts or omissions from April this year.’

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OUT-LAW.com, 11th March 2019

Source: www.out-law.com

Brexit Britain Could Be A Human Rights ‘Weak Link’, Fears Equality Watchdog – Rights Info

Posted March 12th, 2019 in brexit, human rights, news, treaties by sally

‘The government must ensure human rights standards are applied in treaties after Brexit, the UK Parliament Human Rights Committee has said.’

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Rights Info, 12th March 2019

Source: rightsinfo.org

Half of children who are tasered come from BAME groups – report – The Guardian

Posted March 12th, 2019 in children, minorities, news, police, restraint, statistics, weapons by sally

‘Half of the children tasered by police, and a third of those restrained using spit hoods, in England are black or from other minority ethnic groups, according to figures obtained by children’s rights campaigners.’

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The Guardian, 12th March 2019

Source: www.theguardian.com

Mother in FGM case ‘betrayed’ three-year-old daughter by mutilating her, as she is sentenced to 13 years – Daily Telegraph

Posted March 11th, 2019 in child abuse, children, families, female genital mutilation, indecent photographs of children, news, pornography, sentencing by sally

‘The first person to be convicted of FMG in Britain “betrayed” her three-year-old daughter by mutilating her, a judge said, as she jailed her for 13 years.’

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Daily Telegraph, 8th March 2019

Source: www.telegraph.co.uk

Lords urge tougher rules for tech firms – BBC News

Posted March 11th, 2019 in data protection, internet, news, ombudsmen, parliament, privacy, regulations, standards by sally

‘Tech firms, such as Google and Facebook, must improve their “inadequate” responses to privacy and data breaches and anti-social content, a House of Lords report says.’

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BBC News, 9th March 2019

Source: www.bbc.co.uk

Successful Judicial Review of Benefits Payment in the UK – Oxford Human Rights Hub

Posted March 11th, 2019 in benefits, equality, judicial review, news, statutory interpretation by sally

‘R (Johnson and others) and Secretary of State for Work and Pensions [2019] EWHC 23 (Admin) is an English High Court case relating to the benefit payment, Universal Credit. Universal Credit is a UK benefits payment, paid by the UK Government to support those out of work or in very low income work.’

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Oxford Human Rights Hub, 11th March 2019

Source: ohrh.law.ox.ac.uk

Youth prison put inmates in solitary confinement for up to 23 hours a day – The Guardian

Posted March 11th, 2019 in complaints, disciplinary procedures, health & safety, news, ombudsmen, prisons, standards, statistics, young offenders by sally

‘A prison for young adults has been placed in special measures by the government after it was found that inmates were locked alone in their cells for up to 23 hours a day – a practice campaigners have described as de facto solitary confinement.’

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The Guardian, 9th March 2019

Source: www.theguardian.com

“Prevent” ban on extremist speakers at universities is “unlawful”, Court of Appeal rules – Daily Telegraph

Posted March 11th, 2019 in appeals, codes of practice, freedom of expression, human rights, news, terrorism, universities by sally

‘”Prevent” ban on extremist speakers at universities is “unlawful”, the Court of Appeal has ruled.’

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Daily Telegraph, 8th March 2019

Source: www.telegraph.co.uk

Court of Appeal decision about orders for post-adoption contact – Transparency Project

Posted March 11th, 2019 in adoption, appeals, children, contact orders, families, fostering, news by sally

‘Re B (A Child) (Post-adoption contact) [2019] EWCA Civ 29 is the first time (since a change in the law in 2014) that the Court of Appeal has considered when an order should be made that an adopted child will have continuing contact with their birth family after he or she is adopted.’

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Transparency Project, 9th March 2019

Source: www.transparencyproject.org.uk

Judicial review is not “politics by another means” – UK Human Rights Blog

Posted March 11th, 2019 in appeals, brexit, judicial review, news, referendums by sally

‘The Court of Appeal has turned down an appeal against an application seeking judicial review of May’s triggering of Article 50 under the power granted to her by the European Union (Notification of Withdrawal) Act 2017. The applicants sought a declaration that this was unlawful because it was “based upon the result of a referendum that was itself unlawful as a result of corrupt and illegal practices, notably offences of overspending committed by those involved in the campaign to leave the EU”.’

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UK Human Rights Blog, 9th March 2019

Source: ukhumanrightsblog.com

Capacity to use the internet – Transparency Project

Posted March 11th, 2019 in Court of Protection, disabled persons, internet, learning difficulties, news by sally

‘Two recent judgments in the Court of Protection sparked the usual inaccurate headlines suggesting that the court had ridden roughshod over the rights of adults with learning difficulties to access the internet, and more specifically social media. In particular this one from The Times stood out: Social workers can stop vulnerable people using social media.’

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Transparency Project, 9th March 2019

Source: www.transparencyproject.org.uk