No release from gas – Nearly Legal

Posted February 22nd, 2019 in health & safety, landlord & tenant, news by sally

‘Trecarrel House Limited v Rouncefield, County Court at Exeter, 13 February 2019. The gas safety certificate section 21 wars rumble on. Following Caridon Property Ltd v Monty Shooltz (our note here), we have a further County Court appeal decision. This time from Exeter and concerning s.36(7) of the 1998 Gas Safety Regulations.’

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Nearly Legal, 19th February 2019

Source: nearlylegal.co.uk

GDPR codes must meet admissibility requirements – OUT-LAW.com

Posted February 22nd, 2019 in codes of practice, data protection, EC law, news, privacy by sally

‘Trade bodies considering drawing up new codes of conduct to govern data privacy practices in their sector will be required to meet admissibility requirements before those codes will be assessed for their compliance with the General Data Protection Regulation (GDPR), a data protection watchdog has said.’

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out-LAW.com, 21st February 2019

Source: www.out-law.com

Time bars under FIDIC 2017 – are more notices the answer? – Practical Law: Construction Blog

Posted February 22nd, 2019 in construction industry, contracts, news, time limits by sally

‘Construction and engineering contracts often contain provisions specifying that, within a particular time, one party (traditionally the contractor) must notify the other (the employer and/or the contract administrator) of a claim or the likelihood that it might advance a claim. Sometimes these “time-bar” notice provisions are elevated beyond being merely an obligation, to the status of a condition precedent to being able to pursue a successful claim. If such provisions are enforceable, they can be severe: a failure to serve the required notice in the required timescale will be fatal, regardless of the merits of the underlying claim. A well-known example of such a provision is found in clause 20.1 of the 1999 FIDIC contracts.’

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Practical Law: Construction Blog, 20th February 2019

Source: constructionblog.practicallaw.com

Exaggeration not necessarily fundamental dishonesty – Zenith PI

‘Spencer Smith v Ashwell Maintenance Limited (Leicester County Court, 21/1/2019) – claimant who was found to have exaggerated and overstated his difficulties not fundamentally dishonest on the basis that his motive was to convince rather than to deceive.’

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Zenith PI, 21st February 2019

Source: zenithpi.wordpress.com

Judge rejects bid to exit shorter trial scheme – Litigation Futures

Posted February 22nd, 2019 in case management, disclosure, evidence, expert witnesses, news, patents by sally

‘A judge has refused a party’s application to remove their case from the shorter trial scheme.’

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Litigation Futures, 22nd February 2019

Source: www.litigationfutures.com

“Testosterone overdose” deterring women from profession – Legal Futures

Posted February 22nd, 2019 in barristers, diversity, news, sex discrimination, women by sally

‘Support for diversity initiatives has to come from the upper levels of the barristers’ profession, with a top QC warning of a “teststerone overdose” in the wake of a young female advocate accusing some men of “behaving as though they are on a stag do” when working with women.’

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Legal Futures, 22nd February 2019

Source: www.legalfutures.co.uk

Analysis: Parental responsibility – Family Law

Posted February 22nd, 2019 in care orders, children, news, parental responsibility by sally

‘Imogen Powell, of Ashfords LLP, writes that parental responsibility is a concept introduced by the Children Act 1989. The Act defines PR as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to a child and his property”. As the phrase suggests, the concept of parental responsibility serves to highlight the idea that parents have “responsibilities” or “duties” towards their children, as opposed to “rights” over them.’

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Family Law, 22nd February 2019

Source: www.familylaw.co.uk

Woman who accompanied her husband to Dignitas will inherit his £1.8 million estate, judge rules in test case – Daily Telegraph

Posted February 22nd, 2019 in assisted suicide, forfeiture, married persons, news, wills by sally

‘A woman who accompanied her husband to Dignitas can claim his £1.8 million estate, a High Court judge has ruled in a test case.’

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Daily Telegraph, 21st February 2019

Source: www.telegraph.co.uk

Redcar man given life for smothering partner had killed before – The Guardian

Posted February 22nd, 2019 in domestic violence, murder, news, recidivists, sentencing by sally

‘A man who has been given a life sentence for smothering his partner after a row had previously killed a girlfriend.’

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The Guardian, 21st February 2019

Source: www.theguardian.com

Government faces High Court action over children’s rights – BBC News

Posted February 22nd, 2019 in children, judicial review, ministers' powers and duties, news, social services by sally

‘A children’s charity is taking High Court action against the government over its claims that some protections of children in care are “myths”. The Article 39 charity is seeking a judicial review of Department for Education guidance to local councils responsible for vulnerable children.’

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BBC News, 22nd February 2019

Source: www.bbc.co.uk

Churches no longer have to hold Sunday services – BBC News

Posted February 22nd, 2019 in Church of England, ecclesiastical law, news by sally

‘A weekly Sunday service will no longer be compulsory for churches after a vote to change a 400-year-old law was passed by the Church of England’s ruling body.’

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BBC News, 22nd February 2019

Source: www.bbc.co.uk

Police leader calls for laws to allow positive race discrimination – The Guardian

Posted February 22nd, 2019 in diversity, minorities, news, police by sally

‘Radical new laws should allow police to positively discriminate in favour of minority ethnic recruits, otherwise the ranks of officers will be too white for decades to come, the leader of Britain’s police chiefs has said.’

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The Guardian, 22nd February 2019

Source: www.theguardian.com

Bristol machete attack: Two brothers jailed for ‘barbaric and brutal’ assault – The Independent

Posted February 22nd, 2019 in affray, grievous bodily harm, guilty pleas, news, sentencing by sally

‘Two brothers have been jailed for a machete attack at a supermarket in Bristol which left another two men with severe injuries.’

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The Independent, 21st February 2019

Source: www.independent.co.uk

Rachel Riley and Tracy Ann Oberman to take legal action after Twitter abuse – The Guardian

Posted February 22nd, 2019 in defamation, harassment, internet, news, political parties, racism by sally

‘The Countdown presenter Rachel Riley and former EastEnders actor Tracy Ann Oberman are preparing legal action against up to 70 individuals for tweets relating to their campaign against antisemitism in the Labour party, according to the pair’s lawyer.’

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The Guardian, 21st February 2019

Source: www.theguardian.com

Alfie Lamb: Car death accused mum guilty of cruelty – BBC News

Posted February 22nd, 2019 in child cruelty, homicide, news, perverting the course of justice, road traffic by sally

‘The mother of a three-year-old boy allegedly crushed by a car seat has been found guilty of child cruelty.’

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BBC News, 21st February 2019

Source: www.bbc.co.uk

Former taxi driver fined for failing to disclose prior convictions and revocation of licence – Local Government Lawyer

‘A former taxi driver has pleaded guilty to four offences of knowingly or recklessly making a false statement or omitting material in an application to a council’s licensing team.’

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Local Government Lawyer, 20th February 2019

Source: www.localgovernmentlawyer.co.uk

Supreme Court: No right to sue untraced driver – Litigation Futures

‘Accident victims have no right to sue an untraced driver, the Supreme Court has ruled.’

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Litigation Futures, 20th February 2019

Source: www.litigationfutures.com

Driver who killed 11-year-old had been banned three times – The Guardian

‘A driver who confessed to a hit-and-run that killed a young boy had previously been banned from driving on three occasions. Michael Ricardo Robinson, 31, pleaded guilty to causing the death of 11-year-old Taylor Schofield by dangerous driving on 12 January at Manchester crown court. He was sentenced to six years and eight months’ imprisonment on Wednesday.’

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The Guardian, 20th February 2019

Source: www.theguardian.com

Before facial recognition tech can be used, it needs to be limited – The Independent

‘New research on facial recognition technology trials by police calls for tighter regulation to protect human rights.’

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The Independent, 21st February 2019

Source: www.independent.co.uk

Drug addict who threatened her own grandfather with a hammer jailed – The Independent

‘A woman who threatened her grandfather with a hammer while robbing him to fund her drug addiction has been jailed for four years.’

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The Independent, 20th February 2019

Source: www.independent.co.uk