Liquidated Damages after Termination: Triple Point Technology v. PTT – 4 New Square

Posted March 12th, 2019 in contracts, damages, delay, interpretation, news, penalties by sally

‘What happens to liquidated damages when a contract is terminated? Is the employer entitled to payment up until the point of termination? Can damages go beyond termination until the point at which the project is completed by someone else? If so, what happens if the project is never completed? These are all questions which one would normally associate with construction contracts. However, it was in the context of a software development project that they came to be considered in the Court of Appeal in Triple Point Technology v. PTT [2019] EWCA Civ 230.’

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4 New Square, 5th March 2019

Source: www.4newsquare.com

DWP defeats public sector equality duty challenge over method of communication with homeless man – Local Government Lawyer

Posted March 12th, 2019 in benefits, disabled persons, electronic mail, homelessness, ministers' powers and duties, news by sally

‘The Department for Work & Pensions has successfully defended a High Court challenge brought by a homeless man who claimed that its approach to communication was in breach of its duties under the public sector equality duty.’

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Local Government Lawyer, 11th March 2019

Source: www.localgovernmentlawyer.co.uk

Bungled Litigation and Costs – 4 New Square

Posted March 12th, 2019 in costs, damages, fees, insurance, negligence, news by sally

‘In principle, costs and funding should be taken into account when determining the value of litigation which has been lost by lawyers’ negligence. The Courts by and large purport to do this,[1] but the reported cases mostly do not do so adequately, and as a result considerably overvalue lost claims. I will attempt in this paper to show why, backed up by some simple calculations. In particular, the possibility of losing any trial makes a very great impact on the value of a claim.’

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4 New Square, 28th February 2019

Source: www.4newsquare.com

Amend Mental Capacity Act code of practice to address covert medication, human rights: Bar Council – Local Government Lawyer

Posted March 12th, 2019 in codes of practice, Court of Protection, human rights, medicines, news by sally

‘The Mental Capacity Act code of practice must be updated to address issues around covert medication, human rights and social care, the Bar Council has said.’

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Local Government Lawyer, 11th March 2019

Source: www.localgovernmentlawyer.co.uk

Gun-obsessed paedophile jailed after 2.2 million indecent images found among arsenal of illegal weapons – Daily Telegraph

Posted March 12th, 2019 in firearms, indecent photographs of children, news, sentencing by sally

‘A gun-obsessed paedophile has been jailed for 12-years after amassing one of the biggest hauls of indecent images ever uncovered.’

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Daily Telegraph, 11th March 2019

Source: www.telegraph.co.uk

Clarification as to the validity of jurisdiction clauses in pre-nuptial agreements (Brack v Brack) – The 36 Group

Posted March 12th, 2019 in financial provision, jurisdiction, news, prenuptial agreements by sally

‘Andrzej Bojarski, barrister in The 36 Group (36Family), discusses the Court of Appeal’s approach in Brack v Brack regarding the validity of jurisdiction clauses in pre-nuptial agreements, and the scope of the court’s discretionary powers when dealing with an application for financial relief in the face of a valid pre-nuptial agreement.’

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The 36 Group, 5th February 2019

Source: 36group.co.uk

What amounts to sexual harassment in law firms “evolving fast” – Legal Futures

Posted March 12th, 2019 in harassment, law firms, news, sexual offences by sally

‘What is defined as harassment in law firms is evolving fast and a telephone call or text that was previously thought innocent might now be considered to be inappropriate, experts have warned.’

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Legal Futures, 12th March 2019

Source: www.legalfutures.co.uk

Children on standalone supervision orders most likely to see return to court for new proceedings – Local Government Lawyer

Posted March 12th, 2019 in children, news, statistics, supervision orders by sally

‘Children on a standalone supervision order have the highest (20%) probability of a return to court for new S31 proceedings within five years compared to the five other types of order, research has found.’

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Local Government Lawyer, 11th March 2019

Source: www.localgovernmentlawyer.co.uk

Ep 72: Fleet Street Law Legend – Frances Gibb – Law Pod UK

Posted March 12th, 2019 in legal profession, media, news, podcasts by sally

‘Frances Gibb has retired after nearly forty years as legal journalist and editor, covering everything from Lord Irvine’s pricey wallpaper to the release of the Guildford Four. She talks to Rosalind English about the challenges of reporting on a profession highly sensitive to slips and slights.’

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Law Pod UK, 11th March 2019

Source: audioboom.com

FCA confirms new ombudsman service award limit – OUT-LAW.com

Posted March 12th, 2019 in compensation, complaints, financial regulation, news, ombudsmen by sally

‘Financial firms could be ordered to pay up to £350,000 in compensation by a UK ombudsman in response to complaints raised about their acts or omissions from April this year.’

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OUT-LAW.com, 11th March 2019

Source: www.out-law.com

Brexit Britain Could Be A Human Rights ‘Weak Link’, Fears Equality Watchdog – Rights Info

Posted March 12th, 2019 in brexit, human rights, news, treaties by sally

‘The government must ensure human rights standards are applied in treaties after Brexit, the UK Parliament Human Rights Committee has said.’

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Rights Info, 12th March 2019

Source: rightsinfo.org

Half of children who are tasered come from BAME groups – report – The Guardian

Posted March 12th, 2019 in children, minorities, news, police, restraint, statistics, weapons by sally

‘Half of the children tasered by police, and a third of those restrained using spit hoods, in England are black or from other minority ethnic groups, according to figures obtained by children’s rights campaigners.’

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The Guardian, 12th March 2019

Source: www.theguardian.com

Mother in FGM case ‘betrayed’ three-year-old daughter by mutilating her, as she is sentenced to 13 years – Daily Telegraph

Posted March 11th, 2019 in child abuse, children, families, female genital mutilation, indecent photographs of children, news, pornography, sentencing by sally

‘The first person to be convicted of FMG in Britain “betrayed” her three-year-old daughter by mutilating her, a judge said, as she jailed her for 13 years.’

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Daily Telegraph, 8th March 2019

Source: www.telegraph.co.uk

Lords urge tougher rules for tech firms – BBC News

Posted March 11th, 2019 in data protection, internet, news, ombudsmen, parliament, privacy, regulations, standards by sally

‘Tech firms, such as Google and Facebook, must improve their “inadequate” responses to privacy and data breaches and anti-social content, a House of Lords report says.’

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BBC News, 9th March 2019

Source: www.bbc.co.uk

Successful Judicial Review of Benefits Payment in the UK – Oxford Human Rights Hub

Posted March 11th, 2019 in benefits, equality, judicial review, news, statutory interpretation by sally

‘R (Johnson and others) and Secretary of State for Work and Pensions [2019] EWHC 23 (Admin) is an English High Court case relating to the benefit payment, Universal Credit. Universal Credit is a UK benefits payment, paid by the UK Government to support those out of work or in very low income work.’

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Oxford Human Rights Hub, 11th March 2019

Source: ohrh.law.ox.ac.uk

Youth prison put inmates in solitary confinement for up to 23 hours a day – The Guardian

Posted March 11th, 2019 in complaints, disciplinary procedures, health & safety, news, ombudsmen, prisons, standards, statistics, young offenders by sally

‘A prison for young adults has been placed in special measures by the government after it was found that inmates were locked alone in their cells for up to 23 hours a day – a practice campaigners have described as de facto solitary confinement.’

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The Guardian, 9th March 2019

Source: www.theguardian.com

“Prevent” ban on extremist speakers at universities is “unlawful”, Court of Appeal rules – Daily Telegraph

Posted March 11th, 2019 in appeals, codes of practice, freedom of expression, human rights, news, terrorism, universities by sally

‘”Prevent” ban on extremist speakers at universities is “unlawful”, the Court of Appeal has ruled.’

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Daily Telegraph, 8th March 2019

Source: www.telegraph.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 11th, 2019 in legislation by sally

The Sprouts and Seeds (Amendment) (EU Exit) Regulations 2019

The Quick-frozen Foodstuffs (Amendment) (EU Exit) Regulations 2019

The Environment (Amendment etc.) (EU Exit) Regulations 2019

The Public Service Pensions Revaluation Order 2019

The Drivers’ Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019

The Oil and Gas Authority (Levy) and Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2019

The Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc.) Regulations 2019

The Invasive Alien Species (Enforcement and Permitting) Order 2019

The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019

The Wine (Amendment) Regulations 2019

The Sea Fish Licensing (England) (EU Exit) Regulations 2019

The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019

The Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019

The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019

The National Health Service (Charges to Overseas Visitors) (Amendment etc.) (EU Exit) Regulations 2019

The Stamp Duty and Stamp Duty Reserve Tax (Amendment) (EU Exit) Regulations 2019

The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019

The Value Added Tax (Miscellaneous Amendments, Revocation and Transitional Provisions) (EU Exit) Regulations 2019

The Merchant Shipping (Registration of Ships) (Amendment) (EU Exit) Regulations 2019

The Bilateral Investment Agreements (Transitional Arrangements and Framework for Managing Financial Responsibility) (Revocation) (EU Exit) Regulations 2019

The Capital Allowances (Energy-saving Plant and Machinery) (Amendment) Order 2019

The Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2019

Source: www.legislation.gov.uk

Court of Appeal decision about orders for post-adoption contact – Transparency Project

Posted March 11th, 2019 in adoption, appeals, children, contact orders, families, fostering, news by sally

‘Re B (A Child) (Post-adoption contact) [2019] EWCA Civ 29 is the first time (since a change in the law in 2014) that the Court of Appeal has considered when an order should be made that an adopted child will have continuing contact with their birth family after he or she is adopted.’

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Transparency Project, 9th March 2019

Source: www.transparencyproject.org.uk

BAILII: Recent Decisions

Posted March 11th, 2019 in law reports by sally

Court of Appeal (Civil Division)

Butt, R (On the Application Of) v The Secretary of State for the Home Department [2019] EWCA Civ 256 (08 March 2019)

Crumpler & Anor (Liquidators of Peak Hotels And Resorts Ltd) v Candey Ltd [2019] EWCA Civ 345 (08 March 2019)

Court of Appeal (Criminal Division)

Morrison, R v [2019] EWCA Crim 351 (08 March 2019)

High Court (Chancery Division)

Price v Saundry & Anor [2019] EWHC 496 (Ch) (07 March 2019)

High Court (Commercial Court)

The Chartered Institute of Arbitrators v B & Ors [2019] EWHC 460 (Comm) (07 March 2019)

Bostani & Ors v Pieper & Anor [2019] EWHC 547 (Comm) (04 March 2019)

High Court (Queen’s Bench Division)

Murray v Oxford University Hospitals NHS Trust [2019] EWHC 539 (QB) (08 March 2019)

Keh v Homerton University Hospitals NHS Foundation Trust [2019] EWHC 548 (QB) (08 March 2019)

Zeromska-Smith v United Lincolnshire Hospitals NHS Trust [2019] EWHC 552 (QB) (08 March 2019)

Al-Iqra & Ors v DSG Retail Ltd [2019] EWHC 429 (QB) (07 March 2019)

Horn v Chipperfield [2019] EWHC 537 (QB) (07 March 2019)

Butler v Bankside Commercial Ltd [2019] EWHC 510 (QB) (07 March 2019)

Source: www.bailii.org