Delayed service sufficient to strike out freezing orders – OUT-LAW.com

Posted May 17th, 2018 in appeals, banking, delay, documents, freezing injunctions, news, striking out by sally

‘The Court of Appeal has upheld a decision to strike out freezing orders granted on behalf of French bank Société Générale (SocGen), after finding that the bank had taken too long to issue the relevant claim forms.’

Full Story

OUT-LAW.com, 16th May 2018

Source: www.out-law.com

Morrisons group action: claimants win, but get only 40% of their costs – Panopticon

Posted May 17th, 2018 in class actions, compensation, costs, data protection, news by sally

‘Needless to say, group actions for data protection breaches will generally be shaped by financial considerations. Those are partly about compensation, but also about costs. To make it worthwhile, claimants need not only to win and be awarded compensation, but also to get their costs covered, or at least not have their costs eat too far into their compensation. On this issue, today’s costs judgment in the Morrisons litigation is novel, interesting and instructive in practice.’

Full Story

Panopticon, 16th May 2018

Source: panopticonblog.com

Nearly, but not quite: the difficulties of resisting payment of an on-demand guarantee – Practical Law: Construction Blog

Posted May 17th, 2018 in banking, construction industry, fraud, guarantees, news by sally

‘It is notoriously difficult to resist payment following a call on an on-demand guarantee or bond. Generally, nothing less than a seriously arguable case of fraud by the beneficiary will suffice. The stringency of this test is backed by strong policy arguments militating in favour of protecting the integrity of the banking system. However, even where a seriously arguable case of fraud is made out, the balance of convenience may weigh against injunctive relief, as demonstrated recently in Tetronics (International) Ltd v HSBC Bank plc.’

Full Story

Practical Law: Construction Blog, 16th May 2018

Source: constructionblog.practicallaw.com

Competing private and public interests in suspension and investigation – UK Police Law Blog

Posted May 17th, 2018 in disciplinary procedures, news, police, public interest by sally

‘R (Birks) v Commissioner of Police of the Metropolis [2018] EWHC 807 (Admin) is the case of an officer who wanted to resign in order to take up a position as a minister in the Church of England. He was suspended and not permitted to resign, so that the IPCC (as it then was) could investigate his conduct in connection with the arrest of Sean Rigg who died in custody at Brixton Police Station in 2008.’

Full Story

UK Police Law Blog, 14th May 2018

Source: ukpolicelawblog.com

False promises and penury: still no sign of surrender in the credit hire war – Zenith PI

Posted May 17th, 2018 in appeals, consumer credit, insurance, news, rent by sally

‘For those with an interest (perhaps in the broadest sense of the word) in credit hire litigation, the long-running war between credit hire organisations (‘CHOs’) and motor insurers continues with a judgment from Mr Justice Turner in the QBD.’

Full Story

Zenith PI, 15th May 2018

Source: zenithpi.wordpress.com

Disabled teacher who showed horror film to class wins £646k payout – Local Government Lawyer

‘A disabled teacher who showed the 18-rated film Halloween to a class of 15- and 16-year-olds has had his claim for discrimination arising from disability upheld in the Court of Appeal and is reportedly set to receive a £646,000 payout.’

Full Story

Local Government Lawyer, 17th May 2018

Source: www.localgovernmentlawyer.co.uk

GDPR to fuel group actions over data breaches, barristers predict – Litigation Futures

Posted May 17th, 2018 in class actions, data protection, EC law, news by sally

‘The introduction of the General Data Protection Regulation (GDPR) will only increase the appetite for group or representative action for data breaches, a QC has claimed.’

Full Story

Litigation Futures, 16th May 2018

Source: www.litigationfutures.com

Government shelves Goods Mortgages Bill – Law Commission

Posted May 17th, 2018 in bills, Law Commission, loans, mortgages, press releases by sally

‘The Government has announced that it will not bring forward the Law Commission’s Goods Mortgages Bill. The Bill had been announced in last year’s Queen’s Speech and would have replaced the Victorian‑era Bills of Sale Acts – bringing greater protections to those who had taken out or who had unwittingly purchased cars with so-called “logbook loans”. But following additional consultation, the Government has said it will not bring forward reform in the area in the immediate future.’

Full press release

Law Commission, 14th May 2018

Source: www.lawcom.gov.uk

Daedalus, Ariadne and the Minotaur: Where are we now? – Family Law Week

‘Alex Laing of Coram Chambers re-visits the use of the inherent jurisdiction to deprive children of their liberty in the light of recent judgments.’

Full Story

Family Law Week, 15th May 2018

Source: www.familylawweek.co.uk

Three fined for England rugby coach Eddie Jones abuse – BBC News

Posted May 17th, 2018 in costs, fines, news, public order, sport, threatening behaviour by sally

‘Three men have been fined for verbally abusing England rugby union coach Eddie Jones at a railway station.’

Full Story

BBC News, 16th May 2018

Source: www.bbc.co.uk

John Bercow: Probe into Commons Speaker bullying claims blocked – The Independent

‘A probe into allegations John Bercow bullied members of staff has been blocked by MPs. The Commons Standards Committee voted three-two against allowing Parliament’s watchdog to investigate the claims.’

Full Story

The Independent, 17th May 2018

Source: www.independent.co.uk

Slough inquest: No missed opportunities in rail deaths – BBC News

Posted May 17th, 2018 in inquests, mental health, news, railways, suicide, unlawful killing by sally

‘A coroner has said there were “no missed opportunities” in the care of a mother who jumped in front of a train with her 10-year-old son.’

Full Story

BBC News, 17th May 2018

Source: www.bbc.co.uk

Should it be easier to get a divorce in England and Wales? – BBC News

Posted May 17th, 2018 in appeals, divorce, news, Supreme Court by sally

‘Tini Owens desperately wants to divorce her husband. She says she’s been unhappy for many years and she feels locked in a loveless marriage. For her, after four decades together and with their children now grown up, it’s time to formally end the relationship. But her husband, Hugh Owens, does not feel the same way. He says they still have a few years to enjoy together. He’s fighting hard to stop her getting her way and has been successful so far. Their divorce battle goes to the highest court in the UK on Thursday.’

Full Story

BBC News, 17th May 2018

Source: www.bbc.co.uk

Vegan group’s advert wrongly linking cow’s milk to cancer is banned – Daily Telegraph

Posted May 17th, 2018 in advertising, cancer, complaints, food, misrepresentation, news, veganism by sally

‘A vegan group’s “misleading” advert linking cow’s milk to cancer has been banned. The poster by activists Viva! triggered two complaints to watchdogs after being seen on buses in Bristol last September.’

Full Story

Daily Telegraph, 16th May 2018

Source: www.telegraph.co.uk

Government to slash maximum stake on fixed-odds betting terminals to £2 in bid to tackle problem gambling – The Independent

Posted May 17th, 2018 in consultations, gambling, news by sally

‘The maximum stake on fixed-odds betting terminals (FOBT) will be cut from £100 to £2, the government has announced.’

Full Story

The Independent, 17th May 2018

Source: www.independent.co.uk

Retention proposals take shape: analysing the text of the Aldous Bill – Practical Law: Construction Blog

Posted May 16th, 2018 in bills, construction industry, contracts, deposits, news by sally

‘For many years, parts of the construction sector have pushed for improvement of the market’s treatment of retention monies. Post-Carillion and its devastating impact on suppliers, however, matters may have reached a tipping point. On 9 January 2018 – a few days before the construction giant’s collapse – the backbencher Peter Aldous introduced the Construction (Retention Deposit Schemes) Bill under Parliament’s Ten Minute Rule. Given the importance of government support in mustering a majority in the House of Commons, relatively few Private Members’ Bills (PMB) become law. To this end, proponents of the “Aldous Bill”, not least the Waveney MP himself, have been busily promoting its merits within the industry and rallying support among politicians ahead of it being debated by MPs at the second reading.’

Full Story

Practical Law: Construction Blog, 15th May 2018

Source: constructionblog.practicallaw.com

20 years of statutory adjudication – Practical Law: Construction Blog

Posted May 16th, 2018 in construction industry, dispute resolution, enforcement, news by sally

‘The Construction Act 1996 turned 20 this month, which means that for the last 20 years the UK’s construction industry has been subject to its statutory adjudication and payment rules. I was just a couple of years out of university 20 years ago, so I’ve never really known a world without these things (something that Lucy Garrett QC noted in her video for Practical Law). I remember doing presentations to clients in the months leading up to May 1998 on the implications of the Act and, in particular, the payment and withholding notices regimes. It seems a long time ago now! Looking back, a lot has happened since May 1998 and I thought that I would highlight just a few aspects of adjudication. Given the volume of case law and the limited space I have here, this is by no means a comprehensive review.’

Full Story

Practical Law: Construction Blog, 15th May 2018

Source: constructionblog.practicallaw.com

Appeal rules against seller’s solicitors in crucial Dreamvar liability case – Law Society’s Gazette

Posted May 16th, 2018 in compensation, conveyancing, fraud, news, sale of land, solicitors by sally

‘Solicitors representing fraudulent property vendors should share responsibility along with those representing the duped buyers for any resulting losses, the Court of Appeal has ruled in a widely awaited decision.’

Full Story

Law Society's Gazette, 15th May 2018

Source: www.lawgazette.co.uk

Lady Hale at the Sir Nicholas Wall Memorial Lecture 2018, London – Supreme Court

‘Openness and Privacy in Family Proceedings. Sir Nicholas Wall Memorial Lecture 2018, Gray’s Inn, London. Lady Hale, President of The Supreme Court.’

Full speech

Supreme Court, 15th May 2018

Source: www.supremecourt.uk

Speech by the President of the Family Division Sir James Munby: the Family Bar in a Digital World – Courts and Tribunals Judiciary

‘Speech by the President of the Family Division Sir James Munby: the Family Bar in a Digital World.’

Full speech

Courts and Tribunals Judiciary, 15th May 2018

Source: www.judiciary.gov.uk