news – Page 1043 – Current Awareness

2017 reforms to the NHS charging regime for ‘overseas visitors’ upheld – 11 KBW

Posted December 11th, 2018 in equality, fees, health, holidays, judicial review, news by sally

‘Judgment was handed down today in R (MP) v Secretary of State for Health and Social Care [2018] EWHC [3392] (Admin). Lewis J upheld the changes to system of charging ‘overseas visitors’ (those not ordinarily resident in the UK) for use of NHS services brought about by the National Health Service (Charges to Overseas Visitors) Amendment Regulations 2017 (“the 2017 Regulations”).’

11 KBW, 10th December 2018

Source: www.11kbw.com

Judgment leaves claimants ‘hacked off’ – UK Human Rights Blog

Posted December 11th, 2018 in inquiries, judicial review, media, news, regulations by sally

‘By Judgment handed down on 29 November 2018 Lord Justice Davis and Mr Justice Ouseley dismissed the Claimants claims for Judicial Review of the Government’s decision to not embark on ‘Part 2’ of the Leveson Inquiry.’

UK Human Rights Blog, 11th December 2018

Source: ukhumanrightsblog.com

Mears Limited v Costplan Services (South East) Limited & Others [2018] EWHC 3363 (TCC) – 4 New Square

Posted December 11th, 2018 in construction industry, contracts, housing, landlord & tenant, leases, news by sally

‘Mears Limited v Costplan Services (South East) Limited & Others [2018] EWHC 3363 (TCC) concerned the development of student accommodation in Plymouth. Mears Limited (“Mears”) alleged that there were substantial and material deviations from the contractual drawings and sought declarations preventing the certification of practical completion, the practical effect of which was to allow Mears to terminate its agreement to take a lease of the accommodation.’

4 New Square, 10th December 2018

Source: www.4newsquare.com

Harry Greenhouse v Paysafe Financial Services Limited – Blackstone Chambers

Posted December 11th, 2018 in Commercial Court, contracts, damages, gambling, news by sally

‘The Commercial Court has found in favour of Mr Greenhouse (represented by Andrew George QC and Daniel Cashman) on every issue before it, in relation to a contractual commission dispute in the gambling/electronic payment sector.’

Blackstone Chambers, 30th November 2018

Source: www.blackstonechambers.com

The myth that Article 50 is a one-way street – New Law Journal

Posted December 11th, 2018 in brexit, EC law, news, statutory interpretation, treaties by sally

‘David Wolchover explains exactly why Article 50 can be unilaterally rescinded.’

New Law Journal, 5th December 2018

Source: www.newlawjournal.co.uk

Privilege and Maxwellisation – what can we learn from recent FRC cases? – 4 New Square

Posted December 11th, 2018 in disclosure, documents, financial regulation, legal profession, news, privilege, third parties by sally

‘The same issues often crop up across an array of regulatory work. Legal professional privilege is the most obvious example, with a number of high profile cases arising out of SFO investigations. A second example concerns the rights of third parties to prevent the publication of adverse comment about them in regulatory reports and decisions (‘Maxwellisation’). In this article, Jamie Smith QC and Helen Evans explain how these two issues have arisen in the context of disciplinary investigations and proceedings undertaken by the Financial Reporting Council (FRC), which plays an important role in the regulation of accountants.’

4 New Square, 11th December 2018

Source: www.4newsquare.com

British Telecommunications plc v Office of Communications – Blackstone Chambers

Posted December 11th, 2018 in appeals, competition, costs, news, ombudsmen, telecommunications, tribunals by sally

‘The Court of Appeal has overturned the Competition Appeal Tribunal’s approach to awarding costs against Ofcom in telecommunications appeals.’

Blackstone Chambers, 15th November 2018

Source: www.blackstonechambers.com

New Judgment: S Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62 – UKSC Blog

Posted December 11th, 2018 in appeals, landlord & tenant, leases, news, repairs, repossession, statutory interpretation, Supreme Court by sally

‘This appeal considered the construction of the Landlord and Tenant Act 1954. It specifically considered whether a landlord which intends to carry out works if, and only if, those works are necessary to satisfy s 30(1)(f), and which offers an undertaking to carry out those works in the form of the undertaking given by the respondent in the present case, has the requisite intention for the purposes of ground (f). It also considered whether a landlord whose sole or predominant commercial objective is to undertake works in order to fulfil ground (f) and thereby avoid the grant of a new lease to the tenant, and which offers an undertaking to carry out those works in the form of an undertaking given in the present case, has the requisite intention for the purposes of ground (f).’

UKSC Blog, 5th December 2018

Source: ukscblog.com

UK Arbitration Act: Time for a revamp? – 4 New Square

Posted December 11th, 2018 in arbitration, brexit, confidentiality, costs, international law, jurisdiction, news, privacy, statistics by sally

‘Several countries have moved to amend their arbitration legislation, but the UK is yet to modernise its 1996 Arbitration Act, CDR explores what these provisions could look like and whether the market wants it.’

4 New Square, 12th November 2018

Source: www.4newsquare.com

Tycoon Vijay Mallya can be extradited to India, UK judge rules – The Guardian

Posted December 11th, 2018 in airlines, banking, debts, extradition, fraud, loans, news by sally

‘Vijay Mallya, the multimillionaire former owner of the Force India Formula One team and self-proclaimed “King of the Good Times”, can be extradited to India to face allegations of fraud.’

The Guardian, 10th December 2018

Source: www.theguardian.com

Joseph Barrett succeeds in Art. 50 Notification/EU Referendum legal challenge – 11 KBW

Posted December 11th, 2018 in brexit, EC law, judicial review, news, referendums, time limits by sally

‘Following a day long oral hearing the High Court has dismissed a wide-ranging crowd-funded claim for judicial review which sought to challenge the outcome of the EU Referendum, the giving of Article 50 notification to leave the EU and the alleged subsequent inaction of the Prime Minister in the face of the Electoral Commission’s findings of breaches of campaign finance and other requirements by Vote Leave and other leave campaigners during the 2016 EU Referendum campaign.’

11 KBW, 10th December 2018

Source: www.11kbw.com

Law Commission seeks to jump-start commonhold demand – Law Society’s Gazette

Posted December 11th, 2018 in housing, landlord & tenant, Law Commission, leases, news by sally

‘The Law Commission is hoping to reinvigorate demand for an alternative form of property ownership that struggled to gain traction when it was introduced nearly two decades ago.’

Law Society's Gazette, 10th December 2018

Source: www.lawgazette.co.uk

Court applies state aid rules in lease dispute – 11 KBW

Posted December 11th, 2018 in appeals, leases, local government, news, sport, state aids by sally

‘James Goudie QC explains how the Court of Appeal reached its conclusion, in a dispute over a lease extension, that the extension granted to the owners of a football club by a local authority was not state aid.’

11 KBW, 13th November 2018

Source: www.11kbw.com

What the Divisional Court’s decision in SRA v Sovani James tells us about wellbeing for lawyers: some reasons for optimism- 4 New Square

Posted December 11th, 2018 in Administrative Court, appeals, deceit, disciplinary procedures, mental health, negligence, news, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘This week the Administrative Court handed down judgment in three appeals by the Solicitors Regulation Authority: SRA v Sovani James, SRA v Esteddar MacGregor, SRA v Peter Naylor [2018] EWHC 3058 (Admin). Reactions to the judgment by lawyers have been critical, regarding it as a harsh decision which missed an opportunity to reflect developing attitudes to wellbeing in the workplace.’

4 New Square, 16th November 2018

Source: www.4newsquare.com

High Court rejects funder’s bid for “mini-trial” of £14m claim – Litigation Futures

Posted December 11th, 2018 in banking, news, shareholders by sally

‘Litigation funder Vannin Capital has failed to obtain summary judgment of its £14m claim against RBS shareholders it backed who then successfully sued the bank.’

Litigation Futures, 11th December 2018

Source: www.litigationfutures.com

Coal mine could be built next to one of Northumberland’s most beautiful beaches after High Court appeal – Daily Telegraph

Posted December 11th, 2018 in appeals, energy, environmental protection, miners, news by sally

‘An opencast coal mine could be built next to one of Northumerbland’s most beautiful beaches after The Court of Appeal overturned Savid Javid’s decision to block the scheme.’

Daily Telegraph, 8th December 2018

Source: www.telegraph.co.uk

On the spot: accidents at work – New Law Journal

Posted December 11th, 2018 in accidents, duty of care, employment, health & safety, homicide, negligence, news, sentencing, victims by sally

‘A new guideline recently published by the Sentencing Council is likely to result in increased penalties for individuals responsible for fatal workplace accidents. Chris Newton reports.’

New Law Journal, 7th December 2018

Source: www.newlawjournal.co.uk

Jurisdiction after Exit Day: What does the draft Withdrawal Agreement tell us? – 4 New Square

Posted December 11th, 2018 in brexit, EC law, jurisdiction, news by sally

‘The draft Withdrawal Agreement between the United Kingdom and the European Union was approved by the UK Cabinet on Wednesday 14 November 2018.’

4 New Square, 16th November 2018

Source: www.4newsquare.com

SRA v James: When “I was driven to it” is no defence – 4 New Square

Posted December 11th, 2018 in Administrative Court, disciplinary procedures, mental health, negligence, news, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘It is well-known that if a solicitor is guilty of dishonesty in and about the work he or she does, they will be struck off unless they can show “exceptional circumstances”. For a while it was thought that extreme and intolerable work pressure giving rise to mental health issues, in turn giving rise to an act or acts of dishonesty, might suffice.’

4 New Square, 13th November 2018

Source: www.4newsquare.com

Restore legal aid for separating couples, MoJ urged – Law Society’s Gazette

Posted December 11th, 2018 in budgets, consultations, divorce, families, legal aid, news by sally

‘Digitising the divorce application process and hoping for the best isn’t enough to reform the legal requirements for splitting up, the Law Society has warned, telling the government to restore legal aid so that separating couples can receive early advice.’

Law Society's Gazette, 11th December 2018

Source: www.lawgazette.co.uk

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