Using Part 8 to “appeal” adjudicator’s decision – Practical Law: Construction Blog

Posted September 12th, 2017 in appeals, arbitration, construction industry, contracting out, contracts, news by tracey

‘It isn’t every day that we get to refer to Will Smith’s “wicky wicky wild wild wild west“, on this blog, but Jonathan managed it last year when he discussed Fraser J’s judgment in Beumer Group UK Ltd v Vinci Construction UK Ltd. The parties have been before the court again, this time before O’Farrell J, on a Part 8 declaratory relief application. There is no mention of the wild west this time around. It was all about whether the adjudicator had correctly interpreted the parties’ sub-contract. Not a subject for cowboys!.’

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Practical Law: Construction Blog, 12th September 2017

Source: constructionblog.practicallaw.com

Ombudsman slams lack of oversight of outsourced waste collection services – Local Government Lawyer

Posted August 23rd, 2017 in complaints, contracting out, local government, news, ombudsmen, reports, waste by sally

‘Insufficient oversight of external contractors is one of the main issues behind a rising number of complaints about waste collection, the Local Government and Social Care Ombudsman (LGO) has said.’

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Local Government Lawyer, 23rd August 2017

Source: www.localgovernmentlawyer.co.uk

Simon Anderson discusses the case of Various Claimants v Barclays Bank PLC [2017] EWHC 1929 (QB) – Park Square Barristers

Posted August 22nd, 2017 in banking, contracting out, doctors, employment, news, sexual offences by sally

‘Can an employer be vicariously liable for sexual assaults perpetrated by an independent physician engaged to conduct health screening of employees? Yes, according to The Hon Mrs Justice Davies in Various Claimants v Barclays Bank PLC [2017] EWHC 1929 (QB) in a judgment handed down on 26th July 2017. Simon Anderson considers its reasoning, and its wider implications for employers.’

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Park Square Barristers, 8th August 2017

Source: www.parksquarebarristers.co.uk

High Court Decision as to Scope of Vicarious Liability – Henderson Chambers

‘In Various Claimants v Barclays Bank PLC [2017] EWHC 1929 (QB), the High Court (The Hon Mrs Justice Davies DBE) held that Barclays Bank was vicariously liable in respect of alleged sexual assaults perpetrated by a Doctor, not employed by Barclays, who conducted medical assessments and examinations on prospective employees of the Bank.’

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Henderson Chambers, 10th August 2017

Source: www.hendersonchambers.co.uk

The ever-widening scope of vicarious liability – Cloisters

‘Adam Ohringer considers the recent judgment of Various Claimants v Barclays Bank plc [2017] EWHC 1929 (QB) and its implications on vicarious liability.’

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Cloisters, 10th August 2017

Source: www.cloisters.com

Increase in serious crimes by offenders on probation, figures show – The Guardian

‘There has been an increase in serious crimes committed by offenders under supervision in the community since the controversial privatisation of the probation service, figures suggest. The number of offenders on probation charged with murder, manslaughter, rape and other serious violent or sexual crimes has risen by more than 25% since changes to the service in England and Wales.’

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The Guardian, 2nd August 2017

Source: www.theguardian.com

Ministers ‘sneak out’ plans to privatise collection of court fines – The Independent

Posted August 2nd, 2017 in contracting out, courts, enforcement, fines, news by tracey

‘Plans to outsource the collection of court fines have been “snuck out” by the government, putting 150 civil service jobs at risk. HM Courts & Tribunals Service said it was in talks with “providers”, adding that the move would save millions of pounds.’

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The Independent, 1st August 2017

Source: www.independent.co.uk

Issues highlighted by GB Building Ltd v SFS Fire Services Ltd – Hardwicke Chambers

‘Practical completion is a key concept in any construction project. It has a significant impact on a party’s rights and obligations, and represents a major milestone in the overall project timetable. Under the majority of construction projects, it marks the point at which the clock starts running for the overall transfer of risk from the contractor to the owner.’

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Hardwicke Chambers, 30th June 2017

Source: www.hardwicke.co.uk

Privatised probation programme ‘could be dropped with negligible impact’ – The Guardian

‘A key part of the government’s probation privatisation reforms could be dropped tomorrow without any impact on the resettlement of prisoners, a joint report by the chief inspectors of probation and prisons has warned.’

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The Guardian, 21st June 2017

Source: www.theguardian.com

Council hit with £100k fine after cyber attack during IT outsourcing – Local Government Lawyer

‘A city council has been hit with a £100,000 monetary penalty after leaving employees’ personal information vulnerable to a cyber attacker who exploited a flaw in the authority’s website.’

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Local Government Lawyer, 12th June 2017

Source: www.localgovernmentlawyer.co.uk

Judge dismisses prosecution of taxi company over cross-border bookings – Local Government Lawyer

‘A taxi firm did not break the law when an automated booking system allocated a customer enquiry in one local authority area to a cab owned by the same firm but licensed by a neighbouring council.’

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Local Government Lawyer, 6th June 2017

Source: www.localgovernmentlawyer.co.uk

Crackdown on ‘disguised self-employment’ behind increased HMRC payroll tax take, says expert – OUT-LAW.com

‘HM Revenue and Customs (HMRC) collected an additional £705 million in tax from investigations into companies’ payroll taxes last year, almost half of which was collected from small or medium-sized businesses (SMEs), according to new figures.’

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OUT-LAW.com, 4th April 2017

Source: www.out-law.com

Two firms face charges over death of man in UK detention centre – The Guardian

‘Two private firms will face criminal charges over the death of a man in a British immigration detention centre.’

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The Guardian, 4th April 2017

Source: www.guardian.co.uk

Private companies could pull out of probation contracts over costs – The Guardian

‘Two of the private companies that provide 50% of probation services in England and Wales have confirmed to MPs they will have to consider quitting if a Ministry of Justice review fails to deliver improvements.’

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The Guardian, 21st March 2017

Source: www.guardian.co.uk

NHS misplaced half a million patient documents – BBC News

Posted February 27th, 2017 in contracting out, documents, health, medical records, news, postal service by tracey

‘Thousands of NHS patients may have come to harm because of an administrative mix-up, says NHS England. Some 500,000 documents containing medical information, including cancer test results, were mistakenly put in storage rather than being sent to the GP or filed in the patients’ records.’

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BBC News, 27th February 2017

Source: www.bbc.co.uk

Privatisation of probation service has left public at greater risk – report – The Guardian

Posted December 15th, 2016 in contracting out, criminal justice, news, probation, reports by tracey

‘The public have been left more at risk by the privatisation of the probation service with some offenders not seen for weeks or months and others lost in the system altogether, according to an official watchdog.’

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The Guardian, 15th December 2016

Source: www.guardian.co.uk

Liz Truss calls for rapid completion of probation privatisation review – The Guardian

Posted December 7th, 2016 in contracting out, news, probation by tracey

‘The justice secretary, Liz Truss, has ordered the rapid completion of an official review into the failing performance of the government’s privatisation of the probation service.’

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The Guardian, 6th December 2016

Source: www.guardian.co.uk

High Court clarifies the position as regards claiming damages based on an extrapolated sample – OUT-LAW.com

Posted November 21st, 2016 in contracting out, contracts, damages, news, roads, statistics by sally

‘A recent High Court decision will provide helpful guidance to parties that elect to use statistical sampling and extrapolation as a means to demonstrate entitlement to substantial damages.’

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OUT-LAW.com, 21st November 2016

Source: www.out-law.com

High Court challenge over award of helpline contract to G4S fails – Local Government Lawyer

Posted October 6th, 2016 in contracting out, contracts, equality, law centres, news, telecommunications by tracey

‘The Law Centres Network (LCN) has lost its bid to prevent G4S being awarded a government contract to run the Equality Advisory Support Service (EASS) helpline.’

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Local Government Lawyer, 6th October 2016

Source: www.localgovernmentlawyer.co.uk

G4S equality helpline contract raises serious concern, high court told – The Guardian

‘Awarding global security firm G4S the contract to run a national discrimination helpline raises “serious and legitimate grounds for concern” and risks undermining the service’s credibility, the high court has been told. A judicial review challenge supported by human rights groups and the Law Centres Network has called on the government to delay transferring operation of the Equality Advisory and Support Service (EASS) to G4S.’

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The Guardian, 29th September 2016

Source: www.guardian.co.uk