Avon calling again with the latest word … on compromises! – Pensions Barrister

Posted February 22nd, 2024 in amendments, civil procedure rules, compromise, news, pensions by sally

‘Paul Newman KC has written a casenote on the judge’s second judgment, delivered on 19 February, in the Avon case in relation to the compromise of the Courage issue that arose in that case.’

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Pensions Barrister, February 2024

Source: www.pensionsbarrister.com

High Court judge allows appellant in housing case to substitute council as respondent after naming wrong authority – Local Government Lawyer

Posted February 8th, 2024 in amendments, appeals, civil procedure rules, homelessness, housing, mistake, news, pleadings by sally

‘A woman has been allowed by the High Court to amend her statutory housing appeal application after she named the wrong council on the original.’

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Local Government Lawyer, 8th February 2024

Source: www.localgovernmentlawyer.co.uk

Clampdown on child abuse as a gap in the law closed – Ministry of Justice

Posted January 23rd, 2024 in amendments, bills, child abuse, news, prosecutions, sexual offences by tracey

‘Children will be better protected from sexual abuse following change to the law making it easier to prosecute criminals who have had sex in front of children for gratification.’

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Ministry of Justice, 18th January 2024

Source: www.gov.uk

Avon calling! … with the latest word on severance – Pensions Barrister

Posted January 18th, 2024 in amendments, interpretation, news, pensions by sally

‘Paul Newman KC has written a casenote on the recent decision of HH Judge Davis-White KC in Avon Cosmetics Ltd v Dalriada Trustees Ltd & ors, which considered the requirements for the Court to be able to salvage parts of otherwise invalid deeds of amendment.’

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Pensions Barrister, January 2024

Source: www.pensionsbarrister.com

Retained EU law in the UK after Brexit – OUT-LAW.com

Posted September 14th, 2023 in amendments, brexit, EC law, enforcement, news, repeals by tracey

‘Some EU law has been carried over into UK law after Brexit, so that there would be continuity in the many areas of UK law originally based on EU law.’

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OUT-LAW.com, 13th September 2023

Source: www.pinsentmasons.com

‘Less transparent and democratic’: damning verdict on rule of law – Law Society’s Gazette

‘Law-making has become less transparent, less accountable, less inclusive and less democratic, legal thinktank Justice has said in a damning report published today on the government’s approach to the rule of law.’

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Law Society's Gazette, 11th September 2023

Source: www.lawgazette.co.uk

Grooming cases at record high amid online safety laws delay- BBC News

Posted August 15th, 2023 in amendments, bills, child abuse, delay, internet, news, sexual grooming by sally

‘Tens of thousands of online grooming crimes have been recorded during the wait for updated online safety laws.’

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BBC News, 15th August 2023

Source: www.bbc.co.uk

Migration Bill: Lords reinsert child detention limits – BBC News

‘The House of Lords has rejected an attempt by the government to extend the amount of time children can be detained in its migration bill.’

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BBC News, 13th July 2023

Source: www.bbc.co.uk

UK judges to be given powers to dismiss oppressive Slapps lawsuits at early stage – The Guardian

Posted June 13th, 2023 in amendments, bills, freedom of expression, news, public interest by sally

‘Oppressive lawsuits brought by wealthy individuals to evade scrutiny and intimidate critics are to be defined in English and Welsh law for the first time, as judges are handed powers to dismiss “Slapps” at an early stage.’

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The Guardian, 13th June 2023

Source: www.theguardian.com

Judge’s “dismay” at conduct of High Court claim – Legal Futures

Posted April 18th, 2023 in amendments, news, personal injuries, pleadings, pre-action conduct, railways by sally

‘A High Court judge has expressed her “dismay” that there was no pre-trial review in a case that was discontinued on day four of a trial that had been listed several months earlier.’

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Legal Futures, 18th April 2023

Source: www.legalfutures.co.uk

What would changing the Equality Act mean for trans people and single-sex spaces? – The Guardian

Posted April 6th, 2023 in amendments, equality, gender, news, transgender persons by michael

‘As [ministers] prepare to press ahead with a lengthy and convoluted process, we examine what the reforms would mean for trans people and those advocating for sex-based rights, as well as the motivations behind the move.’

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The Guardian, 5th April 2023

Source: www.theguardian.com

Law change could aid single-sex spaces – watchdog – BBC News

Posted April 6th, 2023 in amendments, equality, gender, news, transgender persons by michael

‘Ministers will consider advice from the human rights watchdog about amending a legal definition of sex – which would make it easier to exclude transgender people from some groups or services.’

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BBC News, 5th April 2023

Source: www.bbc.co.uk

Now What? – The Contesting of Lisa Marie Presley’s Will (Lessons for English Law Testators) – Mills & Reeve

Posted February 2nd, 2023 in amendments, news, trusts, wills, witnesses by sally

‘Priscilla Presley, mother of the recently deceased Lisa Marie Presley, has launched a legal challenge to contest the validity of her late daughter’s Will. The challenge relates to a 2016 Amendment to her daughter’s Will which has the effect of removing Priscilla from her role as trustee of her daughter’s estate, significantly reducing the say that she has over how her daughter’s estate will be managed.’

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Mills & Reeve, 1st February 2023

Source: www.mills-reeve.com

Case Comment: DCM (Optical Holdings) Ltd v Commissioners for His Majesty’s Revenue and Customs [2022] UKSC 26 – UKSC Blog

Posted January 24th, 2023 in amendments, news, repayment, Scotland, Supreme Court, taxation, time limits by sally

‘In this post, Neal Chandru, an Associate in the Tax team at CMS, comments on the case of DCM (Optical Holdings) Ltd (“DCM”) v Commissioners for his Majesty’s Revenue and Customs (“HMRC”) [2022] UKSC 26 – handed down on 12 October 2022.’

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UKSC Blog, 23rd January 2023

Source: ukscblog.com

Tech bosses face jail if children not kept safe online after UK parliament deal – The Guardian

Posted January 17th, 2023 in amendments, bills, children, internet, news, prosecutions by sally

‘Tech executives whose platforms persistently fail to protect children from online harm will face criminal charges after ministers reached a deal with Conservative backbenchers.’

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The Guardian, 16th January 2023

Source: www.theguardian.com

Court is not ‘playing field’ for disputes, judge says in libel hearing – Law Society’s Gazette

Posted January 12th, 2023 in amendments, defamation, news by sally

‘The function of the court is not to provide a playing field for disputes, the presiding judge of the High Court Media and Communication list has warned the claimant in a high-profile libel action.’

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Law Society's Gazette, 11th January 2023

Source: www.lawgazette.co.uk

Amending Claims in the Employment Tribunal: Choudhury v Cerberus Security and Monitoring Services Limited [2022] EAT 172 – Farrar’s Buildings

‘The Claimant was employed by the respondent as a Security Officer from 24 March 2007. He was suspended on 12 April 2019. The Claimant was summarily dismissed on 24 September 2019 and he brought a claim in the Employment Tribunal for unfair dismissal and victimisation. The claim form hinted at some other claim of discrimination. The Claimant was at all times unrepresented.’

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Farrar's Buildings, 20th December 2022

Source: www.farrarsbuilding.co.uk

Northern Ireland Protocol Bill: Peers set to scrutinise it line-by-line – BBC News

Posted October 25th, 2022 in amendments, bills, brexit, news, Northern Ireland by sally

‘The Northern Ireland Protocol Bill moves to its next stage in the House of Lords on Tuesday.’

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BBC News, 25th October 2022

Source: www.bbc.co.uk

Gama Aviation v MWWMMWM: the problem of contractual formalities and informal novation – Practical Law: Construction Blog

Posted July 14th, 2022 in amendments, contracts, interpretation, news by tracey

‘The problem of what happens when parties do not act in accordance with contractual formalities is a hardy perennial in commercial disputes. Certain instances of the problem are peculiar to the construction industry, notably absent or inadequate notices of events giving rise to time and money, or absent or inadequate payment or pay less notices. Each of these has given rise to complex caselaw. Other instances are common to all commercial contexts. One is the practice of including a “no oral modification” clause in a contract, but then informally agreeing an amendment. This situation has proved sufficiently difficult to require a thorough review and restatement of the law by the Supreme Court in MWB Business Exchange Centres Ltd v Rock Advertising Ltd.’

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Practical Law: Construction Blog, 13th July 2022

Source: constructionblog.practicallaw.com

Mastercard? That’ll do nicely! Do you need to issue a new claim if your amendment might be statute barred? – Practical Law: Construction Blog

Posted September 14th, 2021 in amendments, civil procedure rules, construction industry, limitations, news by tracey

‘It is no coincidence that construction cases play a prominent role in many of the leading decisions concerning limitation. It is the nature of our work that problems have a tendency to emerge some time after the work was completed and, more than occasionally, new problems come to light after proceedings have commenced.’

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Practical Law: Construction Blog, 7th September 2021

Source: constructionblog.practicallaw.com