Nuisance call bosses face £500,000 fines – BBC News
‘Directors of firms that cold-call consumers can now be fined up to £500,000 under new rules that have come into force.’
BBC News, 17th December 2018
Source: www.bbc.co.uk
Author: sally
Workers get new rights in overhaul but zero-hours contracts remain – The Guardian
‘The government has introduced what it claims to be the biggest package of workplace reforms for 20 years after concerns that ministers have failed to appeal to voters who are “just about managing”.’
The Guardian, 17th December 2018
Source: www.theguardian.com
Experts’ Agendas – a Warning from the Bench – No. 5 Chambers
‘“It certainly should not become routine to provide two versions which, as here, travel over much of the same ground. That approach tests the patience of the experts (and frankly of the court); produces a lengthier joint statement; potentially increases costs and is simply not the best way to focus on the issues. I do not think that anything further needs to be said or done in this case. However, if this worrying trend continues, parties may find that courts begin considering costs consequences.” – Mrs Justice Yip commenting on the experts’ agendas in the recent case of Welsh v Walsall Healthcare NHS Trust 2018 EWHC 1917 QB.’
No. 5 Chambers, 10th December 2018
Source: www.no5.com
After Makdessi and GPP, the question is, are your LDs commercially viable? – Hardwicke Chambers
‘Liquidated damages (LD) clauses are a fixture of construction contracts. As we all know, they are a secondary obligations to pay an agreed sum of money, arising upon breach of a primary obligation of the contract. In the case of a construction contract, this will invariably be in the event of delay: the failure to complete the works by a specified date.’
Hardwicke Chambers, 3rd December 2018
Source: hardwicke.co.uk
Environmental Law News Update – Six Pump Court
‘In this latest Environmental Law News Update, Charles Morgan, Gordon Wignall, Christopher Badger and Mark Davies consider the EU Exit Legal Position on the Withdrawal Agreement and the Attorney General’s Legal Advice, the Draft National Policy Statement for Water Resources Infrastructure and an important case about the courts’ approach to the balance between private rights and the public interest.’
Six Pump Court, 10th December 2018
Source: www.6pumpcourt.co.uk
Gosvenor London Ltd v Aygun Aluminium UK Ltd [2018] EWCA Civ 2695 – Hardwicke Chambers
‘Gosvenor was contracted to perform cladding works for Aygun. The project fell into delay and disputes arose. A subsequent adjudication determined that Aygun owed Gosvenor the sum of £553,958. Gosvenor later applied for summary judgment to enforce the adjudication and Aygun resisted on the basis of fraud. According to Aygun, a substantial proportion of the adjudication award was based on fraudulent invoices which did not reflect the actual value of the work done.’
Hardwicke Chambers, 7th December 2018
Source: hardwicke.co.uk
Environmental Law Podcast – November 2018 – Six Pump Court
‘This short update focuses on November’s key legal developments, which this month include the Withdrawal Agreement and Political Declaration, the recent independent review of the current system of waste regulation and the latest on the new Environment Bill.’
Six Pump Court, 5th December 2018
Source: www.6pumpcourt.co.uk
A Practical Approach to Breach of Duty and Causation in Venous Thromboembolism Claims by Neil Thompson – No. 5 Chambers
‘From our perspective, the first step should be to understand how competent medical professionals protect the patient against the risk of VTE. One starting point is to understand the control of VTE risk in patients admitted to hospital, although of course other primary care providers (GPs) have a corresponding duty to be alert to the risk of VTE within their practice.’
No. 5 Chambers, 3rd December 2018
Source: www.no5.com
Solicitors’ Bills – Hardwicke Chambers
‘The court of appeal’s decision in Slade (t/a Richard Slade And Company) v Boodia & Anor [2018] EWCA Civ 2667 is good news for solicitors but potentially not so good for their clients.’
Hardwicke Chambers, 3rd December 2018
Source: hardwicke.co.uk
Commercial lease renewal: the death of contrived developments – Hardwicke Chambers
‘Alexander Bastin discusses the Supreme Court’s decision in S Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62 on whether a landlord can oppose the grant of a new tenancy by relying on section 30 (1)(f) of the Landlord and Tenant Act 1954, if the works which it says it intends to do have no purpose other than to get rid of the tenant.’
Hardwicke Chambers, 7th December 2018
Source: hardwicke.co.uk
Dangerous Driving, Joint Criminal Enterprise and Ex Turpi Causa Defence: is Mens Rea made out? – Zenith Chambers
‘In the case of Kelly Wallett (on her own behalf and on behalf of the dependants of Ian Hill (Deceased)) v Vickers [2018] EWHC 3088 (QB) the High Court considered (heard on 14.11.2018) issues of joint criminal enterprise in the context of the ex turpi causa defence.’
Zenith Chambers, 26th November 2018
Source: www.zenithchambers.co.uk
Solicitor’s conviction for neglecting mother quashed – Legal Futures
‘The Court of Appeal has quashed a jail sentence of two and a half years imposed on a solicitor, who specialised in care for the elderly, for neglecting her mother.’
Legal Futures, 12th December 2018
Source: www.legalfutures.co.uk
When Coroners are unsure – Park Square Barristers
‘The Court held that a Coroner was entitled to remain unsure about the particulars of the death of an individual who was shot by a member of the Royal Ulster Constabulary.’
Park Square Barristers, 16th November 2018
Source: www.parksquarebarristers.co.uk
The Residential Nil Rate Band: A Path through the Maze – Radcliffe Chambers
‘In late 2015, the Government introduced an additional nil rate band for inheritance tax purposes applying where a deceased person’s interest in their residence is “closely inherited” by their children and other descendants, known as the residential nil rate band (“RNRB”). The objective was to meet the criticism that the estates of persons, who are by no means wealthy, were being dragged into the inheritance tax net by virtue only of the historic rise in residential property prices.’
Radcliffe Chambers, 5th December 2018
Source: www.radcliffechambers.com
Synergy Gas Services v Northern Gas Heating [2018] EWHC 3060 (TCC) – Hardwicke Chambers
‘An adjudication decision was made in favour of Synergy Gas Services against Northern Gas Heating on 8 August 2018. The present case concerns an application by Synergy Gas Services for enforcement of the adjudication award.’
Hardwicke Chambers, 3rd December 2018
Source: hardwicke.co.uk
Counterclaim Costs Conundrums – the application of QOCS to Defendants counterclaiming in personal injury – No. 5 Chambers
‘In County Courts around the country over the past year, it has become ‘fashionable’ to argue over the meaning of the word “proceedings” in CPR r.44.13. The essential question is whether a Defendant, by virtue of bringing a counterclaim including personal injury, is afforded QOCS protection against the Claimant such that any orders for costs made against him cannot be enforced. There are currently two contradictory cases on this point.’
No. 5 Chambers, 19th November 2018
Source: www.no5.com
No requirement for taxi licensing schemes to be self-financing, High Court rules – Local Government Lawyer
‘Wakefield City Council is considering whether to appeal against a High Court ruling that quashed its licensing fees for private hire vehicles and taxis.’
Local Government Lawyer, 11th December 2018
Source: www.localgovernmentlawyer.co.uk
Fundamental dishonesty – You have been warned (hopefully) – Zenith Chambers
‘The defendant indicated an intention to pursue a finding of fundamental dishonesty. There were certain aspects of the evidence that might have led to such a finding, but such an outcome was far from certain.’
Zenith Chambers, 30th November 2018
Source: www.zenithchambers.co.uk
Duval v 11-13 Randolph Crescent Ltd and the contingent obligation principle; or ‘What do promises to marry have to do with leasehold covenants?’ – Hardwicke Chambers
‘In Duval v 11-13 Randolph Crescent Ltd [2018] EWCA Civ 2298 the Court of Appeal applied what might be called ‘the contingent obligation principle’ to solve a problem that had arisen between the landlord (11-13 Randolph Crescent Ltd) of two houses that had been converted into 18 flats and two of the lessees, Dr Julia Duval of flats 11G and 11H, and Mrs Winfield of Flat 13.’
Hardwicke Chambers, 29th November 2018
Source: hardwicke.co.uk
The Disclosure Pilot: time to get ready – Hardwicke Chambers
‘Parties using the Business and Properties Courts need to familiarise themselves with a new Disclosure Pilot Scheme that is set to commence operation on 1 January 2019. In this article, co-authors of Electronic Disclosure: law and Practice (OUP, 2017) Michael Wheater and Charles Raffin run through an overview of the Pilot Scheme and flag some practical steps that parties and advisors can take to best prepare themselves for the enhanced disclosure related duties, and requirements, found under the Scheme.’
Hardwicke Chamebrs, 30th November 2018
Source: hardwicke.co.uk
