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

The Judicial Review Bill Poses Amendments Which Could Harm Migrants and the Marginalised- Each Other

Posted July 22nd, 2021 in amendments, appeals, asylum, bills, immigration, judicial review, news by sally

‘The Judicial Review and Courts Bill, to be published on Wednesday 21 July, could impinge on individuals’ rights to challenge public bodies.’

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Each Other, 21st July 2021

Source: eachother.org.uk

New rules promise clarity on issue of interest in Part 36 offers – Law Society’s Gazette

Posted February 4th, 2021 in amendments, civil procedure rules, interest, news, part 36 offers by sally

‘Legislation to give litigators certainty about the issue of Part 36 offers and interest is to be introduced this spring, the government has announced. The rule change, effective from 6 April, is one of a raft of amendments to the civil procedure rules published yesterday as statutory instruments.’

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Law Society's Gazette, 2nd February 2021

Source: www.lawgazette.co.uk

High Court: Law firm was not operating collective investment scheme – Legal Futures

Posted February 2nd, 2021 in amendments, conveyancing, financial regulation, fines, law firms, news by sally

‘A law firm which did the conveyancing work on two failed off-plan housing developments was not acting in a role that amounted to operating an unregulated collective investment scheme, the High Court has ruled.’

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Legal Futures, 2nd February 2021

Source: www.legalfutures.co.uk

Getting off the hook: A guide to securing release from contractual obligations and varying public contracts in light of COVID-19 – 39 Essex Chambers

Posted November 10th, 2020 in amendments, contracting out, contracts, coronavirus, news, regulations by sally

‘Given the current challenging economic circumstances arising from the COVID-19 pandemic, which the authors fear may worsen over the coming months as employers are weaned off the Government’s furlough scheme, contracting authorities and their contractors may want to be released from obligations under existing contracts (and/or to protect their position having already defaulted on their obligations). Similarly, contracting authorities may want to vary existing contracts going forward. However, for obvious reasons, notably the time and cost involved, the appetite for undertaking a new procurement exercise is likely to be limited. This article therefore provides a guide to the available options for achieving these objectives.’

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39 Essex Chambers, 16th October 2020

Source: www.39essex.com

Adding Allegations to a Clinical Negligence Claim: a brief summary of Mangala Janakarajah v (1) Oxford University Hospitals NHS Trust (2) Mario Petrou [2020)] QBD (Soole J) 03/06/2020 – Parklane Plowden Chambers

‘In clinical negligence cases things change. That’s often because new expert evidence, witness evidence, or medical records come to light. So, when can you add to your existing case?’

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Parklane Plowden Chambers, 5th June 2020

Source: www.parklaneplowden.co.uk

Faculty Jurisdiction – further amendments, April 2020 – Law & Religion UK

Posted December 12th, 2019 in amendments, ecclesiastical law, faculties, news, regulations by tracey

‘On 1 April 2020, The Faculty Jurisdiction (Amendment) Rules 2019 come into force; these make a number of important changes to the earlier Rules, including: the substitution of a new Part 4 dealing with consultation and advice; revision and expansion of Lists A and B; extension of the Archdeacon’s jurisdiction for temporary minor re-ordering; and various other amendments to improve the operation of the Rules.’

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Law & Religion UK, 12th December 2019

Source: www.lawandreligionuk.com

Patents – Technetix BV v Teleste Ltd – NIPC Law

Posted November 19th, 2019 in amendments, news, patents by sally

‘This was a claim for patent infringement and a counterclaim for revocation on grounds of anticipation, obviousness and added matter. There was also an application for unconditional and conditional amendments to the patent. The claim and counterclaim came on before His Honour Judge Hacon sitting as a judge of the Patents Court in Technetix BV and another v Teleste Ltd [2019] EWHC 3106 (Pat) (18 Nov 2019). His Honour tried the action in May and delivered judgment on 18 Nov 2019. The learned judge held at paragraph [122] of his judgment that the patent was invalid on all three grounds .and refused the amendments though he found that the patent would have been infringed hand it been valid.’

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NIPC Law, 19th November 2019

Source: nipclaw.blogspot.com

Judge refuses to cut costs despite damages failure – Litigation Futures

Posted October 24th, 2019 in amendments, costs, damages, news by sally

‘The fact that a successful claimant recovered less than 10% of the damages he sought was not a sufficient reason to disallow some of his costs, the High Court has ruled.’

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Litigation Futures, 24th October 2019

Source: www.litigationfutures.com

Krishan Nadesan: Asking the Impossible: Benn, Kinnock and Extending Article 50 – UK Constitutional Law Association

‘Boris Johnson seems caught in an impossible bind. The European Union (Withdrawal) (No. 2) Act – the Benn Act for short – obliges him to seek an extension of Article 50 on 19 October. He can extend, honour the law, but break his promises. He can refuse to extend, honour his promises, but break the law. Or he can resign. The Benn Act appears to trap the Prime Minister between these unpalatable options. Nevertheless, he may be able to escape. For the Act may ask the impossible.’

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UK Constitutional Law Association, 1st October 2019

Source: ukconstitutionallaw.org