Court uses correspondence to clarify settlement wording – OUT-LAW.com

Posted June 6th, 2018 in drafting, insolvency, liquidators, news by sally

‘Companies and lawyers must be clear and unambiguous when drafting settlement agreements, a court ruling has reminded them. A liquidator had to drop some claims after a court used correspondence to clarify exactly what was meant by the phrase “whole of the claim” in a compromise agreement. The ruling does not affect the liquidator’s claim against another person because she was not mentioned in the correspondence.’

Full Story

OUT-LAW.com, 5th June 2018

Source: www.out-law.com

I was re-reading the Ikarian Reefer only last week – Practical Law: Construction Blog

Posted June 6th, 2018 in expert witnesses, news, personal injuries, ships by sally

‘Sometimes the old cases are the best ones and that surely has to be true of the Ikarian Reefer. Even now, over 25 years since the judgment at first instance was handed down (and countless other pieces of guidance have been published) we still see experts getting it wrong.’

Full Story

Practical Law: Construction Blog, 5th June 2015

Source: constructionblog.practicallaw.com

FCA unveils beefed-up regulatory regime for claims management companies – Legal Futures

Posted June 6th, 2018 in claims management, consultations, financial regulation, news by sally

‘The Financial Conduct Authority (FCA) has set out the more stringent regime it intends to apply to claims management companies (CMCs) when it takes over their regulation on 1 April 2019.’

Full Story

Legal Futures, 6th June 2018

Source: www.legalfutures.co.uk

Bar Council pours cold water on regulator’s complaints plans – Law Society’s Gazette

Posted June 6th, 2018 in barristers, complaints, consultations, news by sally

‘he barristers’ representative body has poured cold water on proposals by the regulator to make the process of handling complaints from third parties more independent. In a consultation response the Bar Council said it disagreed with the Bar Standards Board’s (BSB) proposals to replace the professional conduct committee (PCC) with an independent decision-making body.’

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Law Society's Gazette, 5th June 2018

Source: www.lawgazette.co.uk

Supreme Court to hear Darnley appeal in A&E receptionist case – Law Society’s Gazette

Posted June 6th, 2018 in appeals, hospitals, negligence, news, Supreme Court by sally

‘The Supreme Court will look again this week at a case that split the Court of Appeal and was widely felt to have serious implications for clinical negligence law. Justices will hear the appeal in Darnley v Croydon Health Services NHS Trust after a challenge from the paralysed claimant was dismissed by majority in the Court of Appeal last year.’

Full Story

Law Society's Gazette, 6th June 2018

Source: www.lawgazette.co.uk

Buckingham Palace worker jailed for having more than 15,000 child sex abuse pictures – The Independent

Posted June 6th, 2018 in indecent photographs of children, news, sentencing by sally

‘A Buckingham Palace tourist worker had more than 15,000 child sex abuse pictures and videos – including some as young as 18 months old.’

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The Independent, 6th June 2018

Source: www.independent.co.uk

TSB investigated over IT meltdown – BBC News

‘A computer failure at TSB that caused up to 1.9 million people to lose access to online banking services is being investigated by the financial regulator.’

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BBC news, 6th June 2018

Source: www.bbc.co.uk

High Court backs NHS decision to stop funding homeopathy – Daily Telegraph

Posted June 6th, 2018 in budgets, consultations, health, medical treatment, news, reports by sally

‘A decision to stop NHS funding for homeopathy has been upheld by a High Court judge. The British Homeopathic Association (BHA) brought a legal challenge against NHS England’s decision, made in November last year, to stop paying the £92,000 annual cost of homeopathic remedies. But, following a four-day hearing in London in May, Mr Justice Supperstone dismissed the BHA’s case in a ruling on Tuesday.’

Full Story

Daily Telegraph, 5th June 2018

Source: www.telegraph.co.uk

Doctor can return to work after causing decapitation of baby in mother’s womb, tribunal rules – The Independent

‘A doctor who caused a baby to be decapitated during birth has been cleared of misconduct and can return to work.’

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The Independent, 6th June 2018

Source: www.independent.co.uk

Determination of preliminary points of law by courts in arbitration and adjudication – Practical Law: Construction Blog

Posted June 5th, 2018 in arbitration, construction industry, news, ships by sally

‘The Palladium is a mighty fine looking “superyacht”. It is an impressive 95 metres long and has all the features one would expect on such a luxury craft, including a helicopter landing pad and swimming pool. A Google search suggests that the yacht is worth circa $200 million, so one can see that a defect in the paint finish would be costly to rectify. It is this defect that ultimately led the parties to an arbitration, for which a five-week hearing was set.

The case ended up before the court because, during the arbitration, an issue arose as to whether the yacht builder’s without prejudice settlement offer had been accepted by the purchaser in correspondence. The purchaser contended that a binding settlement had been reached, which the builder denied.’

Full Story

Practical Law: Construction Blog, 29th May 2018

Source: constructionblog.practicallaw.com

Recent Statutory Instruments – legislation.gov.uk

Posted June 5th, 2018 in legislation by sally

The Restriction on the Preparation of Adoption Reports (Amendment) Regulations 2018

The Animal By-Products and Pet Passport Fees (England) Regulations 2018

The Animal Health (Miscellaneous Fees) (England) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 5th, 2018 in law reports by sally

High Court (Queen’s Bench Division)

Bass v Ministry of Defence [2018] EWHC 1297 (QB) (05 June 2018)

Avondale Exhibitions Ltd v Arthur J Gallagher Insurance Brokers Ltd [2018] EWHC 1311 (QB) (31 May 2018)

High Court (Patents Court)

Edwards Lifesciences LLC v Boston Scientific Scimed Inc [2018] EWHC 1256 (Pat) (24 May 2018)

Source: www.bailii.org

Drug offences: Assessment of guideline – Sentencing Council

Posted June 5th, 2018 in drug offences, press releases, sentencing by sally

‘The Sentencing Council has published its assessments of the impact of its drug offences guideline on sentencing trends, under its statutory duty to monitor the operation and effect of its sentencing guidelines and to draw conclusions from this information.’

Full text

Sentencing Council, 1st June 2018

Source: http://sentencingcouncil.judiciary.gov.uk

Men jailed for Formula One tax relief scam – Crown Prosecution Service

Posted June 5th, 2018 in conspiracy, press releases, sentencing, tax evasion by sally

‘Four men who set up a filming company to claim fraudulent tax rebates worth more than £2million from Her Majesty’s Revenue and Customs (HMRC) have been sentenced today (4 June).’

Full press release

Crown Prosecution Service, 4th June 2018

Source: www.cps.gov.uk

CPS publishes outcome of sexual offences review – Crown Prosecution Service

‘The Crown Prosecution Service (CPS) has today (5 June) published the outcome of its review of rape and serious sexual offences (RASSO) cases.’

Full press release

Crown Prosecution Service, 5th June 2018

Source: www.cps.gov.uk

Speech by President of the Family Division, Sir James Munby: What is family law? – Securing social justice for children and young people – Courts & Tribunals Judiciary

Posted June 5th, 2018 in children, civil justice, families, family courts, speeches, young persons by sally

‘Speech by President of the Family Division, Sir James Munby: What is family law? – Securing social justice for children and young people.’

Full speech

Courts & Tribunals Judiciary, 31st May 2018

Source: www.judiciary.uk

New report from the Bar Council reveals true impact of struggling justice system on barristers’ profession – The Bar Council

Posted June 5th, 2018 in barristers, legal profession, press releases, reports by sally

‘The Bar Council’s new report ‘Barristers’ Working Lives 2017: Barristers’ attitudes towards their working lives, released today, reveals that barristers across England and Wales are struggling with a number of factors affecting their overall working lives, such as workload, stress, and work-life balance.’

Full press release

The Bar Council, 29th May 2018

Source: www.barcouncil.org.uk

John Bercow will not be investigated over ‘stupid woman’ row – The Guardian

‘John Bercow, the Speaker of the House of Commons, will not be investigated by the standards watchdog over allegations that he described the cabinet minister Andrea Leadsom as a “stupid woman”.’

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The Guardian, 4th June 2018

Source: www.theguardian.com

Public should be given more search warrant protections – Law Commission

‘The laws around search warrants should be modernised with more protections put in place to protect individuals’ rights, say the Law Commission.’

Full press release

Law Commission, 5th June 2018

Source: www.lawcom.gov.uk/

Sajid Javid’s plan for MI5 to share information on 20,000 individuals raises concerns with campaigners – The Independent

‘Security bosses will hand out information on people suspected of having extremist sympathies to councils, government officials and the police under the government’s new counter-terror plans.’

Full Story

The Independent, 4th June 2018

Source: www.independent.co.uk