An unplanned surprise: Implied planning obligations – Clin v Walter Lilly – Practical Law: Construction Blog
‘Recently, in the course of reviewing a proposed building contract for an employer, I had cause to consider how responsibility for obtaining planning consents had been addressed. Or rather, whether it had been addressed at all. Jean-François Clin v Walter Lilly & Co Ltd is a forceful reminder to effectively deal with this issue. The Court of Appeal held that, in the absence of an express term to the contrary, a term was implied into the parties’ contract requiring the employer to obtain planning permission for redevelopment of the property and, generally, making the employer responsible for obtaining necessary consents.’
Practical Law: Construction Blog, 11th April 2018
BAILII: Recent Decisions
Court of Appeal (Civil Division)
High Court (Administrative Court)
Summers v London Borough of Richmond Upon Thames [2018] EWHC 782 (Admin) (12 April 2018)
High Court (Chancery Division)
High Court (Commercial Court)
JSC BM Bank v Kekhman & Ors [2018] EWHC 791 (Comm) (12 April 2018)
High Court (Technology and Construction Court)
Tetronics (International) Ltd v HSBC Bank Plc [2018] EWHC 201 (TCC) (12 April 2018)
Source: www.bailii.org
A costly slice of the cake? Litigation funders and security for costs – 4 New Square
‘If a defendant is successful in defending a claim brought with the assistance of litigation funders who had an interest in the litigation, that defendant can apply under section 51 of the Senior Courts Act 1981 for a non-party costs order against the litigation funders.’
4 New Square, 19th March 2018
Source: www.4newsquare.com
High Court: security for costs application cannot be used to avoid enforcement of arbitration award – Litigation Futures
‘A security of costs application relating to a court challenge to an arbitration award cannot be used as a way of avoiding enforcement of the award, the High Court has ruled.’
Litigation Futures, 12th April 2018
Source: www.litigationfutures.com
Former church minister jailed for historical sex offences – Crown Prosecution Service
‘A former church minister has been jailed for historical sex offences committed over a period of 22 years.’
Crown Prosecution Service, 10th April 2018
Source: www.cps.gov.uk
Family convicted of forced labour and modern slavery – Crown Prosecution Service
‘Members of a Slovakian family have today (10 April) been convicted of trafficking people into the United Kingdom and forcing them to work for little or no pay.
Five members of the Newcastle-based Rafael family were found guilty of the systematic exploitation of homeless, unemployed and vulnerable people from Eastern Europe following a trial at Teesside Crown Court. Two further family members pleaded guilty at an earlier hearing.’
Crown Prosecution Service, 10th April 2018
Source: www.cps.gov.uk
A day in the life of a judicial assistant: Joel Semakula – Courts and Tribunals Judiciary
‘It is difficult to describe a typical day as a judicial assistant (“JA”) because my days here have been incredibly varied. Each judicial assistant is assigned to work with one Lord or Lady Justice. This is a reflective of a day I had recently and I refer to the judge to whom I am assigned as “my judge”.’
Courts and Tribunals Judiciary, 12th April 2018
Source: www.judiciary.gov.uk
Personal Injury and the tort of deceit – Zenith Chambers
‘In this High Court action a road traffic insurer recovered damages in the tort of deceit against the Defendant following a staged accident. ‘
Zenith Chambers, 27th March 2018
Source: www.zenithchambers.co.uk
Family mounts legal challenge to Northamptonshire library cuts – The Guardian
‘Northamptonshire county council is facing a series of legal challenges over plans to close 21 libraries, after a young resident applied for a judicial review of a decision campaigners say will have a “devastating impact” on families.’
The Guardian, 12th April 2018
Source: www.theguardian.com
‘Serious flaws’ in UK immigration system, Law Society warns – BBC News
‘Bad immigration decisions are having a “devastating” effect on families and businesses and undermining the rule of law, solicitors have warned. Nearly half of decisions that go to appeal in England and Wales are overturned, suggesting the system is “serious flawed”, the Law Society said.’
BBC News, 12th April 2018
Source: www.bbc.co.uk
Riaz v Ashwood – 4 New Square
‘Master James has noted that courts are receiving a large and increasing number of these types of claims; the increase was attributed to a new business model by which new lawyers seek to challenge the deduction by previous solicitors from their client’s damages of a success fee under a post-LASPO CFA.’
4 New Square, 28th March 2018
Source: www.4newsquare.com
Activists bring case at appeal court over UK arms sales to Saudis – The Guardian
‘Human rights campaigners have begun an attempt to overturn a high court judgment that allows the British government to continue to export arms to Saudi Arabia for use in Yemen.
The Campaign Against Arms Trade brought the case against Liam Fox, the international trade secretary, seeking permission to appeal against a decision last July that granting licences for the export of arms from the UK to Saudi Arabia was not unlawful. CAAT has warned that British weapons could be used to kill or injure Yemeni civilians.’
The Guardian, 12th April 2018
Source: www.theguardian.com
Government to introduce fixed costs for holiday sickness claims “in coming weeks” – Legal Futures
‘The Ministry of Justice (MoJ) has met its timetable to introduce fixed recoverable costs for holiday sickness claims, announcing today that they will come into effect “in the coming weeks” and before the summer holiday season.’
Legal Futures, 13th April 2018
Source: www.legalfutures.co.uk
Costs Budgeting – 4 New Square
‘Costs budgeting is plainly important, as I will amplify later, but it is rarely thought to be interesting. However, there is now a fair body of law and practice, and there is some craft in producing, developing and attacking budgets.’
4 New Square, 4th April 2018
Source: www.4newsquare.com
Conman who targeted grieving families sentence slashed – BBC News
‘A conman who posed as a private detective and targeted grieving families has had his jail term reduced from 10 to six years.’
BBC News, 13th April 2018
Source: www.bbc.co.uk
Former Stephen Lawrence suspect Neil Acourt ordered to repay drug money – BBC News
‘A former suspect in the murder of Stephen Lawrence has been ordered to repay £6,000 reaped from a drug ring or face more time behind bars.’
BBC News, 12th April 2018
Source: www.bbc.co.uk
St Hugh’s College in Oxford sets up harassment inquiry – BBC News
‘Allegations of misconduct and sexual harassment at an Oxford University college will be investigated by an independent inquiry.’
BBC News, 12th April 2018
Source: www.bbc.co.uk
Ex-Rochdale council leader lied to us, child abuse inquiry finds – The Guardian
‘Rochdale’s recently resigned council leader is facing a possible police investigation after an official inquiry concluded that he lied under oath about child sexual abuse allegations.’
The Guardian, 12th April 2018
Source: www.theguardian.com
Shared care arrangements in relocation cases – Family Law
‘Family analysis: Richard Jones, barrister at 1 Garden Court Chambers, discusses the practical implications of the judgment in JAL v LSW [2017] EWHC 3699 (Fam), which concerns how the courts should approach relocation cases where care of the child has been shared.’
Family Law, 12th April 2018
Source: www.familylaw.co.uk
