National minimum wage naming scheme suspended – OUT-LAW.com

‘A scheme for the naming of employers found to be in breach of the UK’s national minimum wage (NMW) has been suspended while the government reviews the scheme.’

Full Story

OUT-LAW.com, 12th June 2019

Source: www.out-law.com

Recent Statutory Instruments – legislation.gov.uk

Posted June 12th, 2019 in legislation by sally

The Social Security (Contributions) (Amendment No. 2) Regulations 2019

The Income Tax (Accommodation Allowances of Armed Forces) Regulations 2019

The Housing (Right to Buy) (Designated Rural Area and Designated Region) (England) Order 2019

Source: www.legislation.gov.uk

BAILII: Recent Deicsions

Posted June 12th, 2019 in law reports by sally

Supreme Court

Lachaux v Independent Print Ltd & Anor [2019] UKSC 27 (12 June 2019)

Sveriges Angfartygs Assurans Forening (The Swedish Club) & Ors v Connect Shipping Inc & Anor [2019] UKSC 29 (12 June 2019)

Samuels v Birmingham City Council [2019] UKSC 28 (12 June 2019)

Court of Appeal (Civil Division)

Woodward & Anor v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 (12 June 2019)

Kuznetsov v Amazon Services Europe SARL [2019] EWCA Civ 964 (11 June 2019)

Harrison-Mills v the Public Trustee & Ors [2019] EWCA Civ 966 (11 June 2019)

B v A Local Authority [2019] EWCA Civ 913 (11 June 2019)

East of England Ambulance Service NHS Trust v Flowers & Ors [2019] EWCA Civ 947 (10 June 2019)

High Court (Chancery Division)

Connolly v Landy & Ors [2019] EWHC 1457 (Ch) (10 June 2019)

Lines v Wilcox & Ors [2019] EWHC 1451 (Ch) (10 June 2019)

High Court (Commercial Court)

Moorgate Capital (Corporate Finance) Ltd v H.I.G. European Capital Partners LLP [2019] EWHC 1421 (Comm) (11 June 2019)

High Court (Family Division)

NG v GA [2019] EWHC 1412 (Fam) (06 June 2019)

High Court (Queen’s Bench Division)

Advertising Standards Authority Ltd v Mitchell [2019] EWHC 1469 (QB) (11 June 2019)

Source: www.bailii.org

Court refuses to increase budget for costs party brought on himself – Litigation Futures

Posted June 12th, 2019 in budgets, costs, disclosure, dispute resolution, documents, news by sally

‘The High Court has rejected a defendant’s request to revise his costs budget upwards, saying that the extra costs came from matters he either should have anticipated or brought on himself.’

Full Story

Litigation Futures, 12th June 2019

Source: www.litigationfutures.com

Litigants will not be forced online, government pledges – Legal Futures

Posted June 12th, 2019 in bills, civil justice, civil procedure rules, courts, internet, news by sally

‘The government has no intention of making court processes exclusively online and so there is no need to give way to demands to guarantee this in primary legislation, peers were told this week.’

Full Story

Legal Futures, 12th June 2019

Source: www.legalfutures.co.uk

Law Commission begins review of intermediated securities system – Law Commission

Posted June 12th, 2019 in Law Commission, press releases, shareholders by sally

‘The Law Commission has begun reviewing the system of intermediated securities in order to identify potential issues for both investors and companies.’

Full press release

Law Commission, 11th June 2019

Source: www.lawcom.gov.uk

Woman killed by electric door at underground car park – The Independent

Posted June 12th, 2019 in accidents, corporate manslaughter, fines, health & safety, inquests, news by sally

‘An electrical company has been fined £25,000 after a woman was pulled into the shutter door machinery and crushed to death.’

Full Story

The Independent, 11th June 2019

Source: www.independent.co.uk

Cocaine gang jailed after £20m seizure on M6 in Cheshire – BBC News

Posted June 12th, 2019 in conspiracy, drug offences, drug trafficking, gangs, news, sentencing by sally

‘Two drugs gang bosses have been jailed after cocaine with a street value of £20m was seized from a van on the M6 in Cheshire.’

Full Story

BBC News, 11th June 2019

Source: www.bbc.co.uk

Oxfam criticised over Haiti sex claims – BBC News

‘Oxfam has been severely criticised by the Charity Commission for the way it dealt with claims of serious sexual misconduct by its staff in Haiti.’

Full Story

BBC News, 11th June 2019

Source: www.bbc.co.uk

Child spies used by police at risk of severe harm, high court told – The Guardian

Posted June 12th, 2019 in children, human rights, judicial review, news, police, time limits by sally

‘Children recruited to spy on drug dealers, gangs, terrorists and paedophiles have fewer safeguards when handled by investigators than those arrested for minor offences such as shoplifting, the high court has heard.’

Full Story

The Guardian, 11th June 2019

Source: www.theguardian.com

MI5 engaged in ‘extraordinary and persistent illegality’ whilst handling personal data, High Court hears – Daily Telegraph

‘MI5 has been unlawfully holding people’s data collected through surveillance or hacking programmes, the high court has been told.’

Full Story

Daily Telegraph, 11th June 2019

Source: www.telegraph.co.uk

Whirlpool told to recall dryers in ‘unprecedented’ government move – BBC News

Posted June 12th, 2019 in consumer protection, fire, health & safety, news by sally

‘The government is to issue an “unprecedented” recall notice of up to 500,000 Whirlpool tumble dryers which pose a fire safety risk.’

Full Story

BBC News, 12th June 2019

Source: www.bbc.co.uk

GP ‘ghost patients’ to be investigated by NHS fraud squad – BBC News

Posted June 12th, 2019 in doctors, fraud, news, statistics by sally

‘The NHS fraud squad is investigating GPs in England amid suspicions they are claiming for non-existent patients.’

Full Story

BBC News, 12th June 2019

Source: www.bbc.co.uk

UK accused of ‘silently eroding’ EU pesticide rules in Brexit laws – The Guardian

‘The UK has been accused of “silently eroding” key environmental and human health protections in the Brexit-inspired rush to convert thousands of pages of European Union pesticide policy into British law.’

Full Story

The Guardian, 12th June 2019

Source: www.theguardian.com

A missed opportunity – Haberdashers and subrogation – Practical Law: Construction Blog

Posted June 11th, 2019 in construction industry, contracts, insurance, news by sally

‘Earlier this year I found myself waiting for the Court of Appeal to bring the next instalment in a series of interesting decisions regarding subrogation claims in insurance disputes (not a contradiction in terms, I promise!), which I and my colleague John have been taking it in turns to blog about (see Joint insurance and rights of subrogation revisited and Co-insurance and subrogation rights revisited (again!)). Unfortunately (though perhaps not for those involved) the case in question (Haberdashers‘ Aske’s Federation Trust Ltd v Lakehouse Contracts Ltd and others) settled. But it feels as though there’s been a missed opportunity to answer a question that was left entirely open in Gard Marine and Energy Ltd v China National Chartering Company Ltd: where there is a co-insurance policy in place and a sub-contractor causes loss, if the co-insurance policy (for whatever reason) does not cover the sub-contractor, can the insurer bring a subrogated claim against the sub-contractor or, does it first have to prove the sub-contractor is liable for the loss?’

Full Story

Practical Law: Construction Blog, 11th June 2019

Source: constructionblog.practicallaw.com

Recent Statutory Instruments – legislation.gov.uk

Posted June 11th, 2019 in legislation by sally

The Smart Export Guarantee Order 2019

The Independent Educational Provision in England (Inspection Fees and Savings Provisions) Regulations 2019

The Wireless Telegraphy (Licence Charges for the 3.4 GHz Frequency Band and the 3.6 GHz Frequency Band) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 11th, 2019 in law reports by sally

High Court (Commercial Court)

The Libyan Investment Authority v J.P. Morgan Markets Ltd & Ors (Rev 1) [2019] EWHC 1452 (Comm) (10 June 2019)

High Court (Queen’s Bench Division)

East Sussex Fire And Rescue Service v Austin [2019] EWHC 1455 (QB) (10 June 2019)

AXO v Salisbury NHS Foundation Trust [2019] EWHC 1454 (QB) (10 June 2019)

High Court (Technology and Construction Court)

TC Developments (South East) Ltd & Anor v Investin Quay House Ltd [2019] EWHC 1432 (TCC) (10 June 2019)

Source: www.bailii.org

Continued use of Taser on autistic male was disproportionate – UK Police Law Blog

Posted June 11th, 2019 in autism, news, police, self-defence, weapons by sally

‘In Gilchrist v Chief Constable of Greater Manchester Police [2019] EWHC 1233, the High Court considered officers’ use of force in the context of use of CS gas and a taser repeatedly upon a man who was autistic and mentally distressed and found that its continued use became unlawful. Whereas the initial use of CS gas and Taser were justified, once the police learned of the male’s vulnerability as an autistic man and noted that his behaviour was defensive rather than aggressive, a more cautious approach should have been adopted.’

Full Story

UK Police Law Blog, 29th May 2019

Source: ukpolicelawblog.com

Supreme Court turns back on procedural appeals – Litigation Futures

‘The Supreme Court is not keen to entertain appeals on procedural points, its annual report has indicated. It handled 23 permissions to appeal (PTA) applications in relation to procedure in the year to 31 March 2019 – far more than any other category of law – and only granted permission in one of them.’

Full Story

Litigation Futures, 11th June 2019

Source: www.litigationfutures.com

Home Secretary apologises to members of Windrush generation – Home Office

‘The Home Secretary has written 46 letters to people who were sanctioned under compliant environment policies and 7 to people with criminal convictions who were held under immigration detention powers at the end of their prison sentence.’

Full press release

Home Office, 10th June 2019

Source: www.gov.uk/home-office