news – Page 1140 – Current Awareness

Nearly, but not quite: the difficulties of resisting payment of an on-demand guarantee – Practical Law: Construction Blog

Posted May 17th, 2018 in banking, construction industry, fraud, guarantees, news by sally

‘It is notoriously difficult to resist payment following a call on an on-demand guarantee or bond. Generally, nothing less than a seriously arguable case of fraud by the beneficiary will suffice. The stringency of this test is backed by strong policy arguments militating in favour of protecting the integrity of the banking system. However, even where a seriously arguable case of fraud is made out, the balance of convenience may weigh against injunctive relief, as demonstrated recently in Tetronics (International) Ltd v HSBC Bank plc.’

Practical Law: Construction Blog, 16th May 2018

Source: constructionblog.practicallaw.com

Competing private and public interests in suspension and investigation – UK Police Law Blog

Posted May 17th, 2018 in disciplinary procedures, news, police, public interest by sally

‘R (Birks) v Commissioner of Police of the Metropolis [2018] EWHC 807 (Admin) is the case of an officer who wanted to resign in order to take up a position as a minister in the Church of England. He was suspended and not permitted to resign, so that the IPCC (as it then was) could investigate his conduct in connection with the arrest of Sean Rigg who died in custody at Brixton Police Station in 2008.’

UK Police Law Blog, 14th May 2018

Source: ukpolicelawblog.com

False promises and penury: still no sign of surrender in the credit hire war – Zenith PI

Posted May 17th, 2018 in appeals, consumer credit, insurance, news, rent by sally

‘For those with an interest (perhaps in the broadest sense of the word) in credit hire litigation, the long-running war between credit hire organisations (‘CHOs’) and motor insurers continues with a judgment from Mr Justice Turner in the QBD.’

Zenith PI, 15th May 2018

Source: zenithpi.wordpress.com

Disabled teacher who showed horror film to class wins £646k payout – Local Government Lawyer

Posted May 17th, 2018 in appeals, disability discrimination, employment tribunals, news, teachers, unfair dismissal by sally

‘A disabled teacher who showed the 18-rated film Halloween to a class of 15- and 16-year-olds has had his claim for discrimination arising from disability upheld in the Court of Appeal and is reportedly set to receive a £646,000 payout.’

Local Government Lawyer, 17th May 2018

Source: www.localgovernmentlawyer.co.uk

GDPR to fuel group actions over data breaches, barristers predict – Litigation Futures

Posted May 17th, 2018 in class actions, data protection, EC law, news by sally

‘The introduction of the General Data Protection Regulation (GDPR) will only increase the appetite for group or representative action for data breaches, a QC has claimed.’

Litigation Futures, 16th May 2018

Source: www.litigationfutures.com

Three fined for England rugby coach Eddie Jones abuse – BBC News

Posted May 17th, 2018 in costs, fines, news, public order, sport, threatening behaviour by sally

‘Three men have been fined for verbally abusing England rugby union coach Eddie Jones at a railway station.’

BBC News, 16th May 2018

Source: www.bbc.co.uk

John Bercow: Probe into Commons Speaker bullying claims blocked – The Independent

Posted May 17th, 2018 in bullying, codes of practice, news, parliament, professional conduct, select committees by sally

‘A probe into allegations John Bercow bullied members of staff has been blocked by MPs. The Commons Standards Committee voted three-two against allowing Parliament’s watchdog to investigate the claims.’

The Independent, 17th May 2018

Source: www.independent.co.uk

Slough inquest: No missed opportunities in rail deaths – BBC News

Posted May 17th, 2018 in inquests, mental health, news, railways, suicide, unlawful killing by sally

‘A coroner has said there were “no missed opportunities” in the care of a mother who jumped in front of a train with her 10-year-old son.’

BBC News, 17th May 2018

Source: www.bbc.co.uk

Should it be easier to get a divorce in England and Wales? – BBC News

Posted May 17th, 2018 in appeals, divorce, news, Supreme Court by sally

‘Tini Owens desperately wants to divorce her husband. She says she’s been unhappy for many years and she feels locked in a loveless marriage. For her, after four decades together and with their children now grown up, it’s time to formally end the relationship. But her husband, Hugh Owens, does not feel the same way. He says they still have a few years to enjoy together. He’s fighting hard to stop her getting her way and has been successful so far. Their divorce battle goes to the highest court in the UK on Thursday.’

BBC News, 17th May 2018

Source: www.bbc.co.uk

Vegan group’s advert wrongly linking cow’s milk to cancer is banned – Daily Telegraph

Posted May 17th, 2018 in advertising, cancer, complaints, food, misrepresentation, news, veganism by sally

‘A vegan group’s “misleading” advert linking cow’s milk to cancer has been banned. The poster by activists Viva! triggered two complaints to watchdogs after being seen on buses in Bristol last September.’

Daily Telegraph, 16th May 2018

Source: www.telegraph.co.uk

Government to slash maximum stake on fixed-odds betting terminals to £2 in bid to tackle problem gambling – The Independent

Posted May 17th, 2018 in consultations, gambling, news by sally

‘The maximum stake on fixed-odds betting terminals (FOBT) will be cut from £100 to £2, the government has announced.’

The Independent, 17th May 2018

Source: www.independent.co.uk

Retention proposals take shape: analysing the text of the Aldous Bill – Practical Law: Construction Blog

Posted May 16th, 2018 in bills, construction industry, contracts, deposits, news by sally

‘For many years, parts of the construction sector have pushed for improvement of the market’s treatment of retention monies. Post-Carillion and its devastating impact on suppliers, however, matters may have reached a tipping point. On 9 January 2018 – a few days before the construction giant’s collapse – the backbencher Peter Aldous introduced the Construction (Retention Deposit Schemes) Bill under Parliament’s Ten Minute Rule. Given the importance of government support in mustering a majority in the House of Commons, relatively few Private Members’ Bills (PMB) become law. To this end, proponents of the “Aldous Bill”, not least the Waveney MP himself, have been busily promoting its merits within the industry and rallying support among politicians ahead of it being debated by MPs at the second reading.’

Practical Law: Construction Blog, 15th May 2018

Source: constructionblog.practicallaw.com

20 years of statutory adjudication – Practical Law: Construction Blog

Posted May 16th, 2018 in construction industry, dispute resolution, enforcement, news by sally

‘The Construction Act 1996 turned 20 this month, which means that for the last 20 years the UK’s construction industry has been subject to its statutory adjudication and payment rules. I was just a couple of years out of university 20 years ago, so I’ve never really known a world without these things (something that Lucy Garrett QC noted in her video for Practical Law). I remember doing presentations to clients in the months leading up to May 1998 on the implications of the Act and, in particular, the payment and withholding notices regimes. It seems a long time ago now! Looking back, a lot has happened since May 1998 and I thought that I would highlight just a few aspects of adjudication. Given the volume of case law and the limited space I have here, this is by no means a comprehensive review.’

Practical Law: Construction Blog, 15th May 2018

Source: constructionblog.practicallaw.com

Appeal rules against seller’s solicitors in crucial Dreamvar liability case – Law Society’s Gazette

Posted May 16th, 2018 in compensation, conveyancing, fraud, news, sale of land, solicitors by sally

‘Solicitors representing fraudulent property vendors should share responsibility along with those representing the duped buyers for any resulting losses, the Court of Appeal has ruled in a widely awaited decision.’

Law Society's Gazette, 15th May 2018

Source: www.lawgazette.co.uk

Chief Planner warns local planning authorities on GDPR and data protection – Local Government Lawyer

Posted May 16th, 2018 in data protection, local government, news, planning by sally

‘The Chief Planner has written to local planning authorities (LPAs) to remind them of the importance of complying with their data protection responsibilities when they exercise their planning functions.’

Local Government Lawyer, 15th May 2018

Source: www.localgovernmentlawyer.co.uk

High Court: Defendant must pay credit hire costs even where claimant has contingent liability for them – Litigation Futures

Posted May 16th, 2018 in contracts, insurance, news, road traffic by sally

‘A circuit judge was wrong to deny a claimant recovery of £20,000 in credit hire charges because she had been assured that she would never have to pay any outstanding sums herself, the High Court has ruled.’

Litigation Futures, 16th May 2018

Source: www.litigationfutures.com

High Court refuses to strike out £1.2m family law negligence claim – Legal Futures

Posted May 16th, 2018 in law firms, negligence, news, striking out by sally

‘“Very real obstacles” faced by a family law client in bringing a negligence action against a Cheshire law firm did not mean that the claim should be struck out in its entirety, the High Court has ruled.’

Legal Futures, 16th May 2018

Source: www.legalfutures.co.uk

Dean Lowe jailed for Kirby Noden’s murder in Cornwall – BBC News

Posted May 16th, 2018 in murder, news, sentencing by sally

‘A man who killed his girlfriend with a rock and a metal pole before flushing her body parts down the toilet has been sentenced to 28 years in prison.’

BBC News, 15th May 2018

Source: www.bbc.co.uk

Failure to act against ‘dangerous’ midwives resulted in deaths – report – The Guardian

Posted May 16th, 2018 in inquiries, midwives, news, reports, standards by sally

‘Babies and mothers died after a health regulator failed to act against midwives suspected of providing dangerously poor care, despite the police raising concerns about their conduct, a damning report has concluded.’

The Guardian, 16th May 2018

Source: www.theguardian.com

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