Willow Corp S.À.R.L. v MTD Contractors Ltd [2019] EWHC 1591 – Hardwicke Chambers

‘Willow engaged MTD to design and build a hotel in Shoreditch. As a result of delays in the project, the two parties agreed a revised practical completion date of 28 July 2017 (‘June Agreement’).’

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Hardwicke Chambers, 28th June 2019

Source: hardwicke.co.uk

Ep 86: Brexit – The Conservative leadership election and a new EU negotiating team – Law Pod UK

Posted July 4th, 2019 in brexit, EC law, news, parliament, political parties by sally

‘Here Professor Barnard examines whether either candidate could sign up to a tariff free no-deal, the so called GATT 24 option, and what the timings for Brexit look like both here and in the EU.’

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Law Pod UK, 3rd July 2019

Source: audioboom.com

Courts to consider wider consequences of arson and criminal damage – Law Society’s Gazette

Posted July 4th, 2019 in arson, codes of practice, courts, criminal damage, criminal justice, news by sally

‘Courts are expected to get tougher on people who vandalise listed buildings, start a fire at a school or cause criminal damage at a train station under guidelines unveiled today. The Sentencing Council says its arson guidelines, which come into force in October, acknowledge that harm can include psychological effects and damage to property can be about more than just the financial value.’

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Law Society's Gazette, 3rd July 2019

Source: www.lawgazette.co.uk

White students still way out ahead in race for pupillages – Legal Futures

‘White students are significantly more likely to obtain pupillage than those from BAME backgrounds, with the gap widest among those who have not achieved the highest results, new figures have shown.’

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Legal Futures, 4th July 2019

Source: www.legalfutures.co.uk

Government ensures paper-based access to online courts – Legal Futures

Posted July 4th, 2019 in bills, courts, electronic filing, equality, internet, news by sally

‘The Courts and Tribunals (Online Procedure) Bill had its first reading in the House of Commons yesterday after the government added further protection for those unable or willing to use online processes.’

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Legal Futures, 4th July 2019

Source: www.legalfutures.co.uk

Iraq war veteran jailed for killing Britain’s Got Talent finalist – The Guardian

Posted July 4th, 2019 in armed forces, domestic violence, mental health, murder, news, sentencing by sally

‘An Iraq war veteran has been jailed for life for murdering a Britain’s Got Talent finalist by stabbing her more than 70 times in a violent rage.’

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The Guardian, 3rd July 2019

Source: www.theguardian.com

How helpful is witness evidence anyway? The impact (or not) of evidence from a third party in loss of chance cases – Hardwicke Chambers

‘A solicitor makes a negligent error in a negotiation between a client and third party. The error leads the client to agree something different to the agreement the client had envisaged. What difference does the error make to the outcome and how should this translate into damages? Does the analysis change where the third party gives evidence and is adamant that the error made no difference to the outcome? These questions arose in Moda International Brands Ltd v Gateley LLP (1) & Gateley Plc (2). Against the background of the Commercial Court’s consultation on witness statements, this case offers an illustration of witnesses’ diminished role.’

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Hardwicke Chambers, 21st June 2019

Source: hardwicke.co.uk

Court of Protection issues ruling in test case on appointment of personal welfare deputies – Local Government Lawyer

‘A Court of Protection judge has clarified the circumstances in which family members may become personal welfare deputies for people aged over 18, calling for the Code of Practice under the Mental Capacity Act 2005 to be redrafted.’

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Local Government Lawyer, 2nd July 2019

Source: www.localgovernmentlawyer.co.uk

Inside the 21st-century British criminal underworld – The Guardian

‘There are almost 5,000 criminal gangs in the UK. But the old family firms are gone – today’s big players are multinational, diversified and tech-savvy.’

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The Guardian, 4th July 2019

Source: www.theguardian.com

Home Office to rewrite controversial advice on trafficked Nigerian women – The Guardian

Posted July 3rd, 2019 in asylum, news, prostitution, trafficking in human beings, women by sally

‘The Home Office is to rewrite guidance on handling asylum claims for women trafficked into the UK from Nigeria after it emerged the advice claimed victims could return to the African country “wealthy from prostitution” and “held in high regard”.’

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The Guardian, 2nd July 2019

Source: www.theguardian.com

Supreme Court to hear ‘bedroom tax’ dispute over ability to disapply regulations to avoid human rights breaches – Local Government Lawyer

Posted July 3rd, 2019 in benefits, housing, human rights, news, Supreme Court, tribunals by sally

‘The Supreme Court will this week (3 July) hear an appeal on whether social security tribunals have the power or duty to calculate entitlement to housing benefit without making deductions for under-occupancy, where the application of regulations would breach claimants’ rights under the Human Rights Act.’

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Local Government Lawyer, 2nd July 2019

Source: www.localgovernmentlawyer.co.uk

Koza Ltd & Anor v Akcil & Ors [2019] EWCA Civ 891 – Hardwicke Chambers

Posted July 3rd, 2019 in company directors, expenses, freezing injunctions, news, undertakings by sally

‘The first Appellant/Claimant (‘Koza Ltd’) was a company incorporated in England and Wales, of which the Second Appellant/Claimant, ‘Mr Ipek’ was sole director. Koza Ltd was incorporated in March 2014 and capitalised with £60 million provided by the Respondent/Defendant (“Koza Altin”), its parent and 100% owner, to undertake mining operations outside Turkey.’

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Hardwicke Chambers, 27th June 2019

Source: hardwicke.co.uk

When deciding whether a licence holder (or an applicant for a licence) is of good repute, what can a Traffic Commissioner take into account? – Henderson Chambers

Posted July 3rd, 2019 in licensing, news, road traffic, transport by sally

‘The Senior Traffic Commissioner had decided in 2015 that a corporate bus operator in Blackpool (now known as Catch 22 Bus Ltd) and its sole shareholder and managing director (Mr Higgs) should lose their licences to operate buses and be disqualified for holding such a licence for 7 years.’

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Henderson Chambers, 18th June 2019

Source: www.hendersonchambers.co.uk

All is fair in love and law: Is there a duty to inform the opposing party of its mistakes? – No. 5 Chambers

Posted July 3rd, 2019 in civil procedure rules, limitations, mistake, news, service, solicitors by sally

‘The recent decision of the Court of Appeal in Woodward v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 provides an important clarification as to whether lawyers have a duty to inform the opposing party of their mistakes when conducting litigation.’

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No. 5 Chambers, 20th June 2019

Source: www.no5.com

Abandoning a procurement: not always the end of the story – Henderson Chambers

Posted July 3rd, 2019 in local government, news, public procurement, statutory duty by sally

‘In Amey Highways Ltd v West Sussex Highways [2019] EWHC 1291 (TCC), Stuart SmithJ held that a contracting authority’s decision to abandon a procurement following a challenge brought by a disappointed tenderer does not automatically extinguish that tenderer’s claim for damages.’

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Henderson Chambers, 25th June 2019

Source: www.hendersonchambers.co.uk

London borough wins Supreme Court battle over retail store and restrictions on use – Local Government Lawyer

Posted July 3rd, 2019 in local government, news, planning, Supreme Court by sally

‘The Supreme Court has unanimously allowed an appeal by the London Borough of Lambeth in a dispute over whether use restrictions continued to apply to a retail development.’

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Local Government Lawyer, 3rd July 2019

Source: www.localgovernmentlawyer.co.uk

Disapplying the CPR’s Deemed Service Rules – Littleton Chambers

Posted July 3rd, 2019 in civil procedure rules, news, service by sally

‘The CPR contain a number of provisions concerning when a document is deemed to have been served. One of these, introduced by amendment in 2011, is CPR 6.14.’

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Littleton Chambers, 25th June 2019

Source: www.littletonchambers.com

Environmental Law News Update – Six Pump Court

Posted July 3rd, 2019 in canals, charities, environmental protection, news, sanctions, waste, water by sally

‘In this latest Environmental Law News Update, Christopher Badger considers the decision by Ofwat to impose a financial penalty on Southern Water for failings in the performance of its wastewater operations, the imposition of over £3.7 million of civil sanctions on charitable organisations for environmental offences and further developments in the Manchester Ship Canal case.’

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Six Pump Court, 26th June 2019

Source: www.6pumpcourt.co.uk

Social media abuse victims must have legal right to sue tech giants, children’s charities say – Daily Telegraph

Posted July 3rd, 2019 in child abuse, class actions, internet, news, sexual grooming by sally

‘Social media abuse victims must have the right to sue tech giants enshrined in a new law, children’s charities have said.’

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Daily Telegraph, 1st July 2019

Source: www.telegraph.co.uk

St Helens woman scalped and lost ear and thumb in factory machine – BBC News

Posted July 3rd, 2019 in fines, health & safety, industrial injuries, news, personal injuries by sally

‘A woman was scalped and had her thumb amputated after her hair was trapped in a machine at a flooring and mouldings factory, a court has heard.’

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BBC News, 2nd July 2019

Source: www.bbc.co.uk