‘The High Court has said that BHS cannot challenge the terms of its own company voluntary arrangement (CVA) as unenforceable contractual penalties. The case provides guidance as to how CVAs operate post termination and the payment of rent as an expense of a company’s administration in priority to other debts.’
OUT-LAW.com, 14th March 2018
Source: www.out-law.com
‘Two recent cases involving breaches of working at height regulations offer a clear reminder to workers of their own duties to take reasonable care for the health and safety of themselves and others.’
OUT-LAW.com, 14th March 2018
Source: www.out-law.com
‘Two recent cases, one in the Court of Appeal, the other in the Supreme Court, have created significant uncertainty around the acceptability of email service. It seems that there may now be a disparity between the CPR and the Party Wall Act 1996, despite the similarities in the wording of the relevant provisions for the two regimes.’
Practical Law: Construction Blog, 14th March 2018
‘Some judgments seem destined to be blogged about (at least by me) and Baldwin v J Pickstock Ltd is one such judgment. It’s all about the adjudicator’s decision (or lack of), whether there was an extension of time for reaching that decision and whether the adjudicator had properly resigned and should be paid for the work he did (even though he did not reach a decision). It’s not quite Cubitt Building & Interiors v Fleetglade, but it does demonstrate how adjudicators need to be alive to banana skin tactics, even those coming from the referring party!’
Practical Law: Construction Blog, 13th March 2018
‘Steven Sieff, consultant in the tax team at CMS, offers a preview of the decision awaited in Project Blue Ltd v Commissioners for Her Majesty’s Revenue and Customs.’
UK Supreme Court Blog , 13th March 2018
Source: ukscblog.com
‘A High Court judge has issued a restraining order to stop a man in a long-running divorce case from contacting his former wife’s solicitor on her private email address.’
Legal Futures, 14th March 2018
Source: www.legalfutures.co.uk
‘A man who bit off a piece of his victim’s ear has had his sentence increased after the Solicitor General appealed it for being too low.’
Attorney General’s Office, 14th March 2018
Source: www.gov.uk/ago
‘Civil justice is readily available to the international super-rich but out of reach of most British citizens, according to a top City watchdog. But John Griffith-Jones, chairman of the Financial Conduct Authority, believes it is the job of parliament to boost consumer redress by changing the law, rather than simply tinkering with the regulator’s rulebook.’
Law Society's Gazette, 14th March 2018
Source: www.lawgazette.co.uk
‘A trial judge was right not to recuse himself from a dispute over building work despite meeting one party’s advocate in private and discussing elements of the case, the Court of Appeal has ruled.’
Law Society's Gazette, 15th March 2018
Source: www.lawgazette.co.uk
‘Rose-Marie Drury, senior associate, Mills & Reeve LLP, analyses the news and case law relating to financial remedies and divorce during February 2018.’
Family Law Week, 9th March 2018
Source: www.familylawweek.co.uk
‘Victims of the black cab rapist John Worboys face a wait to see if their challenge to the Parole Board’s decision to release him from jail has been successful. After two days of legal argument, three leading judges at the High Court reserved their ruling to a date to be fixed, saying they wanted time to give the case “anxious scrutiny”.’
Daily Telegraph, 14th March 2018
Source: www.telegraph.co.uk
‘Parents across England and Wales have been fined about £24m for failing to send their children to school during the past three years, it has emerged.’
BBC News, 15th March 2018
Source: www.bbc.co.uk
‘Secrecy in family courts could be allowing judges to get away with mistakes, the most senior family judge in England and Wales has said. Speaking at an event on Tuesday evening, Sir James Munby, president of the high court’s family division, said that judges were “grotesquely overworked” and “tired” and so more likely to make errors.’
Daily Telegraph, 14th March 2018
Source: www.telegraph.co.uk
‘In the wake of the poisoning of a former Russian spy and his daughter with ‘military grade’ nerve gas, the government is considering a tough new sanctions regime to target foreign human rights abusers.’
Rights Info, 13th March 2018
Source: rightsinfo.org
‘Manchester City Council was not obliged to sell a site to a particular buyer simply because of an earlier planning decision, the High Court has found.’
Local Government Lawyer, 14th March 2018
Source: www.localgovernmentlawyer.co.uk
‘The Civil Procedure Rule Committee has rejected a High Court judge’s suggestion that it consider whether solicitors who sign statements of truth on behalf of fraudulent clients could be held in contempt of court.’
Litigation Futures, 13th March 2018
Source: www.litigationfutures.com
‘The First-tier Tribunal has upheld a council’s refusal to hand over information on its handling of a review into its dealings with a law firm that caused an uproar by sending out a series of tweets appearing to gloat over defeating cases brought by parents of children with special educational needs.’
Legal Futures, 13th March 2018
Source: www.legalfutures.co.uk
‘Anglia Ruskin University has said it will robustly defend legal action brought by a former student over what she has said were misleading claims about the quality of teaching.’
Local Government Lawyer, 14th March 2018
Source: www.localgovernmentlawyer.co.uk
‘A specialist Housing Court is in the air. Sajid Javid, Minister for Housing. Communities and Local Government, has repeatedly mentioned ‘discussions’ with the judiciary on a housing court, ever since the last Tory conference in October. There has been no mention of any progress – and surely progress would have to involve the MoJ, not just the judiciary.’
Nearly Legal, 12th March 2018
Source: nearlylegal.co.uk
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