Build UK’s recommendation on contract terms: a step in the right direction – Practical Law: Construction Blog

Posted May 20th, 2019 in codes of practice, construction industry, contracts, news, standards by sally

‘Build UK, a leading representative organisation for the construction industry, has published a non-binding recommendation on which contract terms its members should (as a minimum) refrain from using. The recommendation “seeks to form a new common ground between clients and the supply chain on contractual practice in the construction sector” with the key objectives being “to promote collaboration, encourage a fairer allocation of risk through the supply chain, and deliver better project outcomes”. In this blog I look at each of Build UK’s recommendations and consider whether they represent a departure from current market practice, or a consolidation of the examples of best practice that we are already seeing clients and contractors adopting in the current market.’

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Practical Law: Construction Blog, 15th May 2019

Source: constructionblog.practicallaw.com

Unlawful arrest – inadequate grounds for suspecting person to be guilty of an offence – UK Police Law Blog

‘Where a court finds a wrongful arrest, it is often due to inadequate grounds for belief in its necessity. However, a brief judgment in Smith v Police Service for Northern Ireland [2019] NIQB 39 is a demonstration of where there is a lack of reasonable suspicion that the person arrested has, themselves, committed the offence. Also of interest is the sum for damages – £3,550 for the unlawful arrest and ten hours’ consequent unlawful detention.’

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UK Police Law Blog, 10th May 2019

Source: ukpolicelawblog.com

‘Bullying’ libel judge’s dismissal of claim reversed on appeal – Law Society’s Gazette

‘Appeal judges have strongly criticised the “surprising and troubling” conduct of a High Court judge towards a litigant in person during a defamation hearing, saying he “cast off the mantle of impartiality”. Ruling in Serafin v Malkiewicz and Others, Lord Justice Lewison, Lord Justice McCombe and Lord Justice Haddon-Cave allowed an appeal against Mr Justice Jay’s dismissal of a libel claim against a London Polish-language newspaper.’

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Law Society's Gazette, 20th May 2019

Source: www.lawgazette.co.uk

Financial Remedy & Divorce Update, May 2019 – Family Law Week

Posted May 20th, 2019 in divorce, families, financial dispute resolution, news, pensions, reasons by sally

‘Rose-Marie Drury, Senior Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during April 2019.’

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Family Law Week, 14th May 2019

Source: www.familylawweek.co.uk

Man who ‘confessed’ to raping woman in Facebook message was not prosecuted – The Independent

‘A man who “confessed” on Facebook Messenger to raping a woman in her sleep will not be prosecuted because authorities think there is “no realistic prospect of conviction”, The Independent can reveal.’

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The Independent, 19th May 2019

Source: www.independent.co.uk

UK property register ‘needed urgently’ to stop money laundering – The Guardian

‘Proposals for the first register of foreign-owned property aimed at preventing “McMafia-style” money laundering should be put in practice urgently and reinforced to plug potential loopholes, the government has been told.’

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The Guardian, 20th May 2019

Source: www.theguardian.com

Parents of student who died in suicide over anxiety attacks to sue Bristol University – The Independent

‘The parents of a student who took her own life because she was too anxious to make a public presentation are taking legal action against her university.’

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The Independent, 19th May 2019

Source: www.independent.co.uk

Judge spikes PI claim from ‘disabled’ victim over fundamental dishonesty – Law Society’s Gazette

‘The High Court has thrown out a personal injury claim – without letting the case go to full quantum trial – after the litigant presented an ‘egregiously untrue picture’ of his disabilities.’

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Law Society's Gazette, 16th May 2019

Source: www.lawgazette.co.uk

Government announces new register for retail landlords – BBC News

Posted May 17th, 2019 in landlord & tenant, local government, news, planning by sally

‘The government says it will make it easier to find out who owns empty buildings on the High Street in a bid to revitalise the UK’s retail sector.’

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BBC News, 16th May 2019

Source: www.bbc.co.uk

Jackson calls for overhaul of system for clinical negligence claims – Litigation Futures

‘Clinical negligence claims could be handled by a tribunal under a new test for liability of whether the patient has suffered ‘reasonably avoidable injury’, Sir Rupert Jackson has proposed.’

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Litigation Futures, 17th May 2019

Source: www.litigationfutures.com

Takeaway boss has two-year manslaughter sentence overturned after death of schoolgirl with nut allergy – Daily Telegraph

‘A takeaway boss found guilty of the manslaughter of a schoolgirl who suffered an allergic reaction to a meal containing peanut proteins has won an appeal against his conviction.’

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Daily Telegraph, 16th May 2019

Source: www.telegraph.co.uk

UK government security decisions can be challenged in court, judges rule – The Guardian

‘Government security decisions will in future be open to challenge in the courts after judges ruled that a secretive intelligence tribunal could not be exempt from legal action.’

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The Guardian, 15th May 2019

Source: www.theguardian.com

“Impecunious” company with wealthy backers denied costs cap – Litigation Futures

Posted May 17th, 2019 in costs, costs capping orders, judicial review, local government, news by sally

‘It would not be reasonable for an “impecunious” company to withdraw a crowdfunded claim for judicial review if it was denied a costs-capping order (CCO), because its shareholders have sufficient resources to back the case, the High Court has ruled.’

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Litigation Futures, 16th May 2019

Source: www.litigationfutures.com

Drivers to face automatic £100 fines for ignoring lane closures – BBC News

Posted May 17th, 2019 in fines, news, road traffic offences, roads by sally

‘Drivers who ignore lane closures on smart motorways in England will face automatic £100 fines and penalty points on their licence, under new laws.’

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BBC News, 16th May 2019

Source: www.bbc.co.uk

Man jailed for painting racist graffiti on family’s Salford home – The Guardian

Posted May 17th, 2019 in hate crime, news, racism, sentencing by sally

‘A man who daubed “no blacks” on the front door of the home of a Salford man and his 10-year-old son has been jailed for 12 months.’

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The Guardian, 16th May 2019

Source: www.theguardian.com

Employment Appeal Tribunal hears appeal from Christian ex-magistrate dismissed over adoption comments – Local Government Lawyer

‘The Employment Appeal Tribunal is this week hearing an appeal from a former magistrate who was removed from the judiciary after he expressed the view that it was in a child’s best interests to be raised by a mother and a father.’

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Local Government Lawyer, 15th May 2019

Source: www.localgovernmentlawyer.co.uk

Student Natasha Abrahart’s suicide: Neglect a ‘contributory factor’ – BBC News

‘A university student took her own life partly as a result of neglect, an inquest has ruled.’

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BBC News, 16th May 2019

Source: www.bbc.co.uk

Solicitors call for more full-time employment judges – Litigation Futures

‘Employment tribunals are being forced to rush in part-time judges in order to try to clear the growing backlog of cases waiting to be heard, a specialist law firm has claimed.’

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Litigation Futures, 15th May 2019

Source: www.litigationfutures.com

Solicitor’s “atrocious” conduct over child contact case condemned – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has struck off a solicitor whose conduct in a sensitive child contact case it described as “atrocious”.’

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Legal Futures, 16th May 2019

Source: www.legalfutures.co.uk

MPs call for inquiry into how family courts treat rape and abuse survivors – The Guardian

‘More than 120 MPs have called for the family courts to be opened up to greater scrutiny and for those who father children through rape to be denied parental rights.’

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The Guardian, 15th May 2019

Source: www.theguardian.com