Does Grove v S&T herald the dawn of a new regime for payment notice disputes? – Practical Law: Construction Blog

‘Unless you have been hiding under a rock (or have been on holiday somewhere), you can’t have failed to notice that Coulson J has handed down his last substantive TCC judgment. So much has already been written about Grove v S&T and what it means for the construction industry that there’s barely been room for anything else on my Twitter and LinkedIn feeds. There really is nowhere to hide from all the commentary.’

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Practical Law: Construction Blog, 6th March 2018

Source: constructionblog.practicallaw.com

Burdens of proof, res ipsa loquitur and experts’ joint statements: Saunders v Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB) – Zenith PI

‘Two discrete procedural points arise out of Yip J’s decision in Saunders v Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB). They restate principles which are of considerable practical significance for those preparing and litigating civil claims.’

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Zenith PI, 6th March 2018

Source: zenithpi.wordpress.com

Aktas v Adepta and the difficulty of applying to strike out “second” claim forms – Zenith PI

Posted March 8th, 2018 in appeals, civil procedure rules, claims management, news, striking out by sally

‘The decision of the Court of Appeal in the cases of Aktas v Adepta [2010] EWCA Civ 1170 sets a demanding test for Defendants seeking to strike out “second” Claim Forms where service of a “first” Claim Form has failed.’

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Zenith PI, 5th March 2018

Source: zenithpi.wordpress.com

Climate Justice and the Global Pact – speech by Lord Carnwath – Supreme Court

Posted March 8th, 2018 in climate change, environmental protection, judges, speeches by sally

‘Climate Justice and the Global Pact, Judicial Colloquium on Climate Change and the Law in Lahore, Pakistan.’

Full speech

Supreme Court, 26th February 2018

Source: www.supremecourt.uk

Allocation: Assessment of guideline – Sentencing Council

Posted March 8th, 2018 in courts, Crown Court, magistrates, news, sentencing, trials by sally

‘The Sentencing Council has published its assessment of the impact of its Allocation Guideline, under its statutory duty to monitor the operation and effect of its sentencing guidelines and to draw conclusions from this information.’

Full text

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Sentencing Council, 6th March 2018

Source: www.sentencingcouncil.org.uk

Big gap between male and female lawyers in perception of gender equality progress, Law Society finds – Legal Futures

Posted March 8th, 2018 in equality, flexible working, legal profession, news, solicitors, women by sally

‘Three-quarters (74%) of male lawyers believe there has been progress on gender equality in the legal profession over the past five years but less than half (48%) of their female colleagues agree, a global survey has found.’

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Legal Futures, 8th March 2018

Source: www.legalfutures.co.uk

Considerations for care homes on the charging of fees after death – Family Law

Posted March 8th, 2018 in care homes, competition, consultations, elderly, fees, news by sally

‘In the first of a regular Solicitors for the Elderly (SFE) column for Family Law Claire Davis, Director of SFE, considers the issue of care homes charging fees after death.’

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Family Law, 5th March 2018

Source: www.familylaw.co.uk

Speech by Lord Justice Jackson: Was it all worth it? – Courts and Tribunals Judiciary

Posted March 8th, 2018 in case management, costs, judges, speeches by sally

‘Professor Andrews has asked me to give a lecture on civil justice reform today – just 48 hours before I retire. This is, therefore, an appropriate moment to stand back and review my work in this area over the last decade.’

Full speech

Courts and Tribunals Judiciary, 5th March 2018

Source: www.judiciary.gov.uk

Data Protection Bill threat to legal privilege – The Bar Council

Posted March 8th, 2018 in barristers, bills, data protection, press releases, privilege by sally

‘A Bill designed to give citizens more control over their data could end up stripping back the fundamental British right to confidential legal advice, the Bar has warned.’

Full press release

The Bar Council, 5th March 2018

Source: www.barcouncil.org.uk

Fluctuating hate crime figures prompt CPS and police to reexamine cases – Law Society’s Gazette

‘The Crown Prosecution Service is working with six police forces to reexamine their hate crime cases to see if the correct decisions were taken following a significant drop in referrals, the director of public prosecutions has revealed.’

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Law Society's Gazette, 7th March 2018

Source: www.lawgazette.co.uk

Integrity is ‘more than mere honesty’ CoA tells solicitors – Law Society’s Gazette

‘Dishonesty and lack of integrity cannot be treated as synonymous for the purposes of assessing a solicitor’s conduct, the Court of Appeal has ruled.’

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Law Society's Gazette, 8th March 2018

Source: www.lawgazette.co.uk

Ofsted head seeks more powers to inspect unregistered schools – The Guardian

Posted March 8th, 2018 in education, news, select committees by sally

‘The head of the schools watchdog, Ofsted, has called for greater oversight of children who are being educated outside mainstream schools, describing the system in England as “unusually permissive”.’

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The Guardian, 8th March 2018

Source: www.theguardian.com

M1 death crash lorry driver David Wagstaff cleared of charge – BBC News

Posted March 8th, 2018 in careless driving, dangerous driving, news by sally

‘A second lorry driver involved in a crash on the M1 that killed eight people has been cleared of causing death by dangerous driving. David Wagstaff had previously admitted eight counts of the lesser charge of causing death by careless driving. Wagstaff, 54, was on a hands-free call when his lorry forced a minibus under a stationary lorry in lane one.
The driver of the other lorry involved, Ryszard Masierak, 31, was convicted on Tuesday of dangerous driving charges.’

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BBC News, 7th March 2018

Source: www.bbc.co.uk

Police targeting of dead man’s sister ‘probably influenced by racism’ – The Guardian

Posted March 8th, 2018 in death in custody, families, news, police, racism, reports by sally

‘The police’s decision to launch a surveillance operation against a woman whose brother had been unlawfully killed in a police station was likely to have been influenced partly by racial discrimination, a leaked report by a watchdog concluded.’

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The Guardian, 7th March 2018

Source: www.theguardian.com

Next facing £30m equal pay claim from shop-floor staff – The Guardian

Posted March 8th, 2018 in employment, equal pay, news, women by sally

‘Next is facing a demand for up to £30m in back pay from thousands of mainly female shop-floor staff in the first major equal pay claim against a fashion retailer. More than 300 workers have registered to participate in a claim that was filed at the conciliation service Acas on Wednesday. They say they are paid £7.50 an hour or an average £2 an hour less than mainly male warehouse workers who they view as doing work of equal value. The warehouse staff also have access to more lucrative bonuses.’

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The Guardian, 8th March 2018

Source: www.theguardian.com

Domestic abusers could be electronically tagged in government crackdown – Daily Telegraph

‘Domestic abusers could be banned from drinking alcohol and electronically tagged under a Government crackdown. New civil orders will expand the potential restrictions courts and police can impose on criminals who torment partners, spouses and other family members.’

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Daily Telegraph, 8th March 2018

Source: www.telegraph.co.uk

Britain First leaders jailed for anti-Muslim hate crime – The Independent

‘The leaders of far-right extremist group Britain First have been jailed for anti-Muslim hate crimes after targeting people they incorrectly believed were involved in an ongoing rape trial.’

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The Independent, 8th March 2018

Source: www.independent.co.uk

Appeal court upholds ruling on Alfie Evans life support – The Guardian

Posted March 7th, 2018 in appeals, children, consent, medical treatment, news by sally

‘The parents of a seriously ill 21-month-old boy have lost the latest stage of a legal fight to keep him on life support.’

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The Guardian, 6th March 2018

Source: www.theguardian.com

Data protection watchdog promises regulatory sandbox for digital innovations – OUT-LAW.com

Posted March 7th, 2018 in data protection, electronic commerce, news by sally

‘Businesses developing innovative digital products and services will be able to test that their solutions comply with data protection laws under a new scheme promised by the UK’s Information Commissioner’s Office (ICO).’

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OUT-LAW.com, 7th March 2018

Source: www.out-law.com

Women “groomed, pimped and trafficked” as teenagers not required to disclose prostitution convictions to employers – UK Human Rights Blog

‘The High Court ruled on 2nd March 2018 that three women forced into prostitution as teenagers will no longer have to disclose related convictions to potential employers.’

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UK Human Rights Blog, 6th March 2018

Source: ukhumanrightsblog.com