Aspect Contracts (Asbestos) Ltd v Higgins Construction plc – WLR Daily

Posted June 22nd, 2015 in appeals, asbestos, construction industry, contracts, damages, dispute resolution, interest, law reports, limitations, Supreme Court by sally

Aspect Contracts (Asbestos) Ltd v Higgins Construction plc: [2015] UKSC 38; [2015] WLR (D) 261

‘An unsuccessful party in a construction contract adjudication was entitled to be repaid any money paid pursuant to the adjudication if the underlying dispute was finally determined in his favour, and the cause of action for the recovery of such money accrued on the date on which the money was paid. However, the cause of action of a party who wished to bring proceedings for more than the amount which he had been awarded under an adjudication accrued on the date of the relevant breach of contract or duty.’

WLR Daily, 17th June 2015

Source: www.iclr.co.uk

Ronayne v Liverpool Women’s Hospital NHS Foundation Trust – WLR Daily

Posted June 22nd, 2015 in appeals, damages, employment, hospitals, law reports, mental health, negligence, psychiatric damage by sally

Ronayne v Liverpool Women’s Hospital NHS Foundation Trust: [2015] EWCA Civ 588; [2015] WLR (D) 263

‘Where a claimant alleged that he suffered psychiatric injury as a secondary party caused by observing in a hospital setting the consequences of clinical negligence, the court was to take into account the fact that a visitor to a hospital would expect to see patients connected to machines and drips and things they would not like to see, was necessarily to a certain degree conditioned as to what to expect and was likely to be warned by medical staff of an impending encounter likely to prove more than ordinarily distressing. Whether an event was “horrifying” for the purposes of such a claim was to be judged by objective standards and by reference to ordinary susceptibility.’

WLR Daily, 17th June 0215

Source: www.iclr.co.uk

IMI plc and another v Delta Ltd (formerly Delta plc) and another – WLR Daily

Posted June 22nd, 2015 in civil justice, contribution, damages, law reports, limitations, time limits by sally

IMI plc and another v Delta Ltd (formerly Delta plc) and another: [2015] EWHC 1676 (Ch); [2015] WLR (D) 262

‘On the true construction of the final proviso in section 1(4) of the Civil Liability (Contribution) Act 1978 Part 20 the defendants in contribution proceedings were precluded from relying on a limitation defence pleaded against the claimants in the main proceedings.’

WLR Daily, 17th June 2015

Source: www.iclr.co.uk

Criminal solicitors berate bar retreat – Law Society’s Gazette

Posted June 22nd, 2015 in advocacy, barristers, budgets, criminal justice, fees, industrial action, legal aid, news, solicitors, statistics by sally

‘Solicitors accused the criminal bar of selling out to a government policy of ‘divide and rule’ as the Gazette went to press, after the bar ditched plans to take direct action over cuts to legal aid.’

Full story

Law Society’s Gazette, 22nd June 2015

Source: www.lawgazette.co.uk

Horton v Henry; pensions, bankruptcy and divorce – Family Law Week

Posted June 22nd, 2015 in appeals, bankruptcy, divorce, financial provision, interpretation, news, trustees in bankruptcy by sally

‘Pranjal Shrotri, barrister, 36 Bedford Row identifies the importance of the forthcoming judgment of the Court of Appeal in Horton v Henry.’

Full story

Family Law Week, 22nd June 2015

Source: www.familylawweek.co.uk

Britain to pass new law to protect Middle Eastern artefacts from Isil – Daily Telegraph

Posted June 22nd, 2015 in artistic works, foreign jurisdictions, international relations, monuments, news by sally

‘ Britain will pass a new law to commit Britain to protecting cultural artefacts during armed conflicts in the wake of the destruction wrought by the so-called Islamic State on ancient ruins in Iraq and Syria. John Whittingdale, the Culture secretary, said the destruction was a “shocking threat to the world’s heritage and an affront to our common human values”.

Full story

Daily Telegraph, 21st June 2015

Source: www.telegraph.co.uk

Coroner in SAS inquest blocks release of witness statements – The Guardian

Posted June 22nd, 2015 in armed forces, coroners, criminal justice, disclosure, evidence, inquests, media, news, witnesses by sally

‘A coroner hearing the inquest of three men who suffered fatal heat illness during an SAS training march in south Wales has refused to allow the release of witness statements, concluding that their publication could threaten any future criminal prosecutions. The Guardian and other media organisations argued that in the interest of open justice, statements taken by detectives investigating the tragedy on the Brecon Beacons and provided to the inquest should be released to allow the proceedings to be reported fully.’

Full story

The Guardian, 19th June 2015

Source: www.guardian.co.uk

First ever motorist convicted for ‘lane hogging’ – The Independent

Posted June 22nd, 2015 in careless driving, costs, fines, news by sally

‘A motorist has been convicted of careless driving for “hogging” the middle motorway lane, in what is believed to be the first case of its kind.’

Full story

The Independent, 21st June 2015

Source: www.independent.co.uk

Terror suspect who won electronic tag case constantly breaches court orders – Daily Telegraph

Posted June 22nd, 2015 in electronic monitoring, human rights, news, terrorism by sally

‘A terror suspect who won a human rights battle to remove his electronic tag regularly breaches court restrictions on his movements raising fears he could now revive his extremist activities.’

Full story

Daily Telegraph, 21st June 2015

Source: www.telegraph.co.uk

Chagos islanders go to supreme court in battle to be allowed home – The Guardian

Posted June 22nd, 2015 in appeals, armed forces, Chagos Islands, disclosure, documents, news, royal prerogative, Supreme Court by sally

‘Former residents of the Chagos Islands who were forcibly removed from their homeland more than 40 years ago will take their long legal battle to the UK’s highest court on Monday.’

Full story

The Guardian, 22nd June 2015

Source: www.guardian.co.uk

New immigration rules will cost the NHS millions, warns nursing union – The Guardian

Posted June 22nd, 2015 in deportation, hospitals, immigration, news, nurses, remuneration, statistics by sally

‘New immigration rules that will mean lower-earning non-EU workers being deported will exacerbate the shortage of nurses in the UK and cost the NHS tens of millions in recruitment, the government has been warned by nursing leaders.’

Full story

The Guardian, 22nd June 2015

Source: www.guardian.co.uk

Hundreds of new female genital mutilation cases in West Midlands – BBC News

Posted June 22nd, 2015 in female genital mutilation, hospitals, news, police, statistics by sally

‘More than 600 new victims of female genital mutilation (FGM) have been identified in seven months in the West Midlands.’

Full story

BBC News, 22nd June 2015

Source: www.bbc.co.uk

Supreme Court: losing party to adjudication has six years to challenge that decision in the courts – OUT-LAW.com

Posted June 19th, 2015 in contracts, dispute resolution, limitations, news by sally

‘A party seeking repayment of sums paid following an adjudication award against it has six years from the date of payment to do so, the UK’s highest court has confirmed.’

Full story

OUT-LAW.com, 17th June 2015

Source: www.out-law.com

Court of Appeal dismissed local resident’s objections to the Shell redevelopment – OUT-LAW.com

Posted June 19th, 2015 in appeals, bias, news, planning by sally

‘The UK Court of Appeal has dismissed a legal challenge against the redevelopment of the 1950s 27-storey Shell Tower in London made by a local resident, George Turner.’

Full story

OUT-LAW.com, 18th June 2015

Source: www.out-law.com

UK courts are bound by UK rulings, not Strasbourg decisions, says Admin Court – Leanne Woods – UK Human Rights Blog

Posted June 19th, 2015 in compensation, human rights, miscarriage of justice, news by sally

‘R (Victor Nealon) v Secretary of State for Justice : R (Sam Hallam) v Secretary of State for Justice [2015] EWHC 1565 (Admin), 8 June 2015. As Michael Gove contemplates the future of the Human Rights Act 1998, the High Court has considered how far the presumption of innocence in Article 6(2) ECHR spreads into decisions on payment of compensation for a miscarriage of justice. In doing so, Burnett LJ also managed to find some less than complimentary sentiments about the Strasbourg court’s decision-making.’

Full story

UK HUamn Rights Blog, 19th June 2015

Source: www.ukhumanrightsblog.com

Consultation on proposed amendments to allocation guideline – Sentencing Council

Posted June 19th, 2015 in Crown Court, magistrates, press releases, trials by sally

‘The Sentencing Council has launched a consultation on proposed amendments to the allocation guideline.’

Full press release

Sentencing Council, 19th June 2015

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

Consumer Prepayments on Retailer Insolvency – Law Commission

Posted June 19th, 2015 in consultations, consumer protection, insolvency, news by sally

‘In a consultation paper published on 18 June 2015, the Law Commission considers whether prepaying consumers should be better protected in the event of company insolvency, either through improved voluntary mechanisms or required by law.’

Full press release

Law Commission, 18th June 2015

Source: www.lawcommission.justice.gov.uk

Woman sentenced for pretending to be a barrister – Crown Prosecution Service

Posted June 19th, 2015 in forgery, impersonating a barrister, news, sentencing by sally

‘A former Guildford Borough Councillor has been sentenced to 14 months imprisonment, suspended for two years, after pleading guilty to forging her qualifications and claiming to be a qualified barrister.’

Full story

Crown Prosecution Service, 15th June 2015

Source: www.cps.gov.uk

Guidance Notes for Chancery Masters following Changes to Practice Direction 2B – Courts and Tribunals Judiciary

Posted June 19th, 2015 in civil justice, injunctions, judiciary, news by sally

‘Guidance Notes for Chancery Masters following Changes to Practice Direction 2B.’

Full text

Courts and Tribunals Judiciary, 16th June 2015

Source: www.judiciary.gov.uk

Surge in ‘DIY’ justice sparks guidelines for lawyers – The Bar Council

Posted June 19th, 2015 in legal profession, litigants in person, press releases by sally

‘A surge in the number of people representing themselves in court has prompted legal organisations to draft guidelines for lawyers who come up against people who find themselves in court without legal representation.’

Full press release

The Bar Council, 18th June 2015

Source: www.barcouncil.org.uk