The LADs are Alright – Local Government Lawyer

‘Laura Campbell discusses liquidated damages in construction contracts, focussing upon the long-running Triple Point saga which ended in the Supreme Court this year.’

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Local Government Lawyer, 12th November 2021

Source: www.localgovernmentlawyer.co.uk

Adjudication and Insolvency; Enforcement Proceedings in the post-Bresco Landscape – Local Government Lawyer

Posted November 15th, 2021 in appeals, dispute resolution, enforcement, insolvency, news by sally

‘Clare Mendelle and Sarah Wertheim take a look at guidance provided by the Court of Appeal regarding security arrangements for insolvent claimants in the post-Bresco landscape.’

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Local Government Lawyer, 12th November 2021

Source: www.localgovernmentlawyer.co.uk

Racial discrimination on Northern Circuit “legitimised by silence” – Legal Futures

‘More than half of ethnic minority barristers on the Northern Circuit have experienced racial discrimination at the Bar, legitimised by the “silence and inaction” of others, research has found.’

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Legal Futures, 15th November 2021

Source: www.legalfutures.co.uk

Divorce can feel like a death, but what happens if the person you are divorcing actually passes away? – Family Law

Posted November 15th, 2021 in bereavement, divorce, families, family courts, financial dispute resolution, news by sally

‘It is often said that going through a divorce is similar to suffering a bereavement. However, what happens if the person you are divorcing actually dies midway through that process?’

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Family Law, 12th November 2021

Source: www.familylaw.co.uk

‘Great deal more to do’: senior judges report on diversity progress – Law Society’s Gazette

‘Senior judges have praised the progress made so far by a strategy to improve diversity on the bench since it was unveiled a year ago. However, the first annual update report stops short of guaranteeing higher numbers of judges from underrepresented groups next year, with the judiciary’s diversity chief acknowleding “there is a great deal more to do”.’

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Law Society's Gazette, 12th November 2021

Source: www.lawgazette.co.uk

News focus: Where next for mass claims? – Law Society’s Gazette

‘The Supreme Court’s ruling in Lloyd, blocking a multi-billion-pound claim against Google, exposes the lack of legislation providing redress in mass claims. But CPR 19.6 could offer a way forward.’

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Law Society's Gazette, 15th November 2021

Source: www.lawgazette.co.uk

Loophole in the law leaves patients at risk of abuse and sexual assault – The Independent

‘A loophole in the law is leaving vulnerable patients at risk of abuse and sexual assault by unregulated private ambulance staff, The Independent can reveal. While many private ambulance providers are regulated, a small number, such as those providing services at events, those providing first aid, and those who are subcontracted, fall outside the reach of the Care Quality Commission (CQC).’

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The Independent, 14th November 2021

Source: www.independent.co.uk

Landmark sickle cell disease inquiry finds evidence of racism in patient care – The Independent

Posted November 15th, 2021 in health, hospitals, inquiries, medical treatment, news, race discrimination, racism by sally

‘Sickle cell patients are grappling with racism in the NHS that is placing their lives at risk, a groundbreaking parliamentary report has highlighted.’

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The Independent, 15th November 2021

Source: www.independent.co.uk

Universal credit claimants were sent unlawful demands to repay, says charity – The Guardian

Posted November 15th, 2021 in benefits, charities, coronavirus, government departments, identification, news by sally

‘The Department for Work and Pensions has unlawfully told “significant” numbers of people who legitimately claimed universal credit at the start of the pandemic to repay money often totalling thousands of pounds, a charity has claimed.’

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The Guardian, 13th November 2021

Source: www.theguardian.com

Police will not investigate cash-for-peerages allegations against Tories – The Independent

‘The Metropolitan Police will not investigate allegations that Conservative donors were given peerages in return for gifts totalling £3m or more.’

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The Independent, 13th November 2021

Source: www.independent.co.uk

Windrush compensation scheme has ‘concerning weaknesses’, says charity – The Guardian

‘There are “concerning weaknesses” in the Windrush compensation scheme, according to a legal charity that has called for the programme to be taken out of the Home Office.’

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The Guardian, 15th November 2021

Source: www.theguardian.com

Keeping family disputes away from the courts – is there light at the end of the tunnel? – Family Law

Posted November 12th, 2021 in dispute resolution, families, family courts, news by sally

‘Earlier this month industry experts gathered at the Jersey International Family Law Conference 2021 to hear from a range of key spokespeople, decision makers and opinion formers on a whole host of hot topics. Perhaps most notably, certainly for my colleagues and I at National Family Mediation, was the address by Sir Andrew McFarlane – the residing President of the Family Division – who took the opportunity to outline some of his priorities and what it was he wants to achieve before he (in his words!) hangs up his ‘wig and flashy robes’ in three years’ time.’

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Family Law, 12th November 2021

Source: www.familylaw.co.uk

Review or repetition? – Nearly Legal

Posted November 12th, 2021 in electronic mail, homelessness, housing, judicial review, London, news by sally

‘Ms Bereket applied to LBWF for homelessness assistance. The authority accepted that it owed her a duty and offered her temporary accommodation in Luton. She rejected the offer as it was too far from her friends and family. The local authority explained why the property was suitable and gave a deadline for acceptance. Ms Bereket refused it again for the same reasons. The authority then decided that their duties had been discharged. She was told of her right to a review and, in a subsequent telephone call, was told the email address to use in order to request a review. She duly wrote to that address. Her email did not refer to any review but explained why the property was not suitable by reference to her need to stay in the local area (including, now, that her son had started school). The LA decided this was not a request for a review and she sought judicial review. The issue, therefore, was whether there had been a request for a review.’

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Nearly Legal, 11th November 2021

Source: nearlylegal.co.uk

Castello v Gonschior: The Importance of Choosing the Right Discipline of Expert in Clinical Negligence Claims and the Limitations of Res Ipsa Loquitur – Ropewalk Clinical Negligence Blog

‘In Castello v Gonschior [2021] EWHC 2742 (QB), Lambert J provides an important reminder of the importance of choosing the right experts and an example of the relevance, or lack of relevance, of complaints by other patients, and the evidential principles of “res ipsa loquitur” and Keefe v The Isle of Man Steam Packet Co Ltd [2010] EWCA Civ 683 (“Keefe”) in clinical negligence claims.’

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Ropewalk Clinical Negligence Blog, 11th November 2021

Source: www.ropewalk.co.uk

Jason Varuhas: Remedies Reform Part 2: Discretionary Factors – UK Constitutional Law Association

Posted November 12th, 2021 in bills, constitutional law, judicial review, news, parliament, public interest by sally

‘This is the second in a series of two posts on the remedial reforms proposed in the Judicial Review and Courts Bill (2021), which provide for courts in judicial review proceedings to grant suspended and prospective-only quashing orders.’

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UK Constitutional Law Association, 9th November 2021

Source: ukconstitutionallaw.org

Jason Varuhas: Remedial Reform Part 1: Rationale – UK Constitutional Law Association

Posted November 12th, 2021 in bills, constitutional law, judicial review, news, parliament, Supreme Court by sally

‘This is the first of two posts on the remedial reforms proposed in the Judicial Review and Courts Bill. If passed, the reforms will make statutory provision for courts in judicial review proceedings to grant suspended and prospective-only quashing orders.’

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UK Constitutional Law Association, 3rd November 2021

Source: ukconstitutionallaw.org

The authority of Property and Affairs Deputies – Local Government Lawyer

Posted November 12th, 2021 in Court of Protection, deputyship, disabled persons, local government, news by sally

‘Arianna Kelly analyses a case relating to the scope of the authority of Property and Affairs Deputies post the ruling in ACC.’

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Local Government Lawyer, 12th November 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal upholds refusal of application for placement orders in case where parents showed “grossly unreasonable attitude” towards professionals – Local Government Lawyer

‘A local authority has failed to persuade the Court of Appeal that a judge’s refusal of its applications for placement orders in respect of children aged two and almost four was irrational.’

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Local Government Lawyer, 10th November 2021

Source: www.localgovernmentlawyer.co.uk

CA: Lawyers can be cross-examined in wasted costs applications – Legal Futures

Posted November 12th, 2021 in appeals, costs, cross-examination, law firms, news, solicitors, wasted costs orders by sally

‘Judges have the power to direct cross-examination of a lawyer against whom a wasted costs order is sought, but it should be “very much the exception”, the Court of Appeal said yesterday.’

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Legal Futures, 12th November 2021

Source: www.legalfutures.co.uk

Lord Justice Haddon-Cave pens article for the Australian Law Journal – Courts and Tribunals Judiciary

Posted November 12th, 2021 in courts, judges, news, terrorism, trials by sally

‘Lord Justice Haddon-Cave has written an article about the conduct of terrorism trials in England and Wales for a special edition of the Australian Law Journal on “National Security and the Law”.’

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Courts and Tribunals Judiciary, 11th November 2021

Source: www.judiciary.uk