Highways: only a touch of frost – Local Government Lawyer

‘In his fourth and final article in a short series which focuses on case law which may assist in the defence of claims against Highways Authorities under s.41 of the Highways Act 1980, and inspired at least in part by the wintery weather sweeping across the country, Jack Harding focuses on snow and ice on the highway.’

Full Story

Local Government Lawyer, 17th March 2023

Source: www.localgovernmentlawyer.co.uk

Judge excoriates “shameless” family case with costs of £5.5m – Legal Futures

‘A family court judge has described a case where the two parties racked up costs of £5.5m as “one of the most shameless pieces of litigation” he has ever seen.’

Full Story

Legal Futures, 20th March 2023

Source: www.legalfutures.co.uk

Taking the neurological lead: Professor Jo Delahunty KC – Counsel

Posted March 20th, 2023 in barristers, bullying, diversity, equality, mental health, news by sally

‘Being neurodivergent is something of which to be unashamedly proud and offers the Bar an extraordinary skill set. Professor Jo Delahunty KC, the silk well known for challenging the status quo, tackles the preconceptions of what it takes to be a barrister in an interview with Charlotte Plowman.’

Full Story

Counsel, 13th March 2023

Source: www.counselmagazine.co.uk

Fraudster convicted decade ago must pay £92,500 – Law Society’s Gazette

‘A property dealer jailed for one of the UK’s biggest mortgage frauds a decade ago has been ordered to pay a further £92,500 – money which was recovered from a settlement over a donation to a private school.’

Full Story

Law Society’s Gazette, 17th March 2023

Source: www.lawgazette.co.uk

British man deported to Jamaica launches action against Home Office – The Guardian

‘A British man convicted of murder is launching a legal action against the Home Office after he was wrongly deported to Jamaica.’

Full Story

The Guardian, 19th March 2023

Source: www.theguardian.com

Watchdog to block shareholder payouts if UK water companies miss targets – The Guardian

‘The UK water regulator is to use new powers to block companies from shareholder payouts if they fail to hit performance and environmental targets.’

Full Story

The Guardian, 20th March 2023

Source: www.theguardian.com

Snapchat murderer Mark Jones jailed for at least 16 years – BBC News

Posted March 20th, 2023 in imprisonment, internet, murder, news, sentencing, video recordings by sally

‘A man who stabbed his friend in the heart and posted videos of his dead body on Snapchat to humiliate him has been sentenced to at least 16 years in jail.’

Full Story

BBC News, 17th March 2023

Source: www.bbc.co.uk

Whole life sentence prisoners face ban from marrying under Government plans – The Independent

‘Prisoners serving whole life sentences would be prevented from marrying under new Government plans.’

Full Story

The Independent, 18th March 2023

Source: www.independent.co.uk

Met officers investigated for sexual misconduct working as normal – BBC News

‘More than 100 Metropolitan Police officers being investigated for sexual misconduct are currently working without restrictions, figures reveal.
The Liberal Democrats have found that as of 3 February, more than a quarter of 548 officers being investigated for domestic abuse and sexual misconduct were working as normal.’

Full Story

BBC News, 20th March 2023

Source: www.bbc.co.uk

UK High Court decision paves the way on setting global FRAND royalty rate – OUT-LAW.com

Posted March 17th, 2023 in intellectual property, licensing, news, patents, telecommunications by sally

‘The High Court in London has issued its first global fair, reasonable and non-discriminatory (FRAND) licensing decision since the UK Supreme Court’s landmark Unwired Planet ruling in 2020, confirming the approach taken by the judge in that case.’

Full Story

OUT-LAW.com, 16th March 2023

Source: www.pinsentmasons.com

On account payment wasn’t exercising an adjudicator’s lien – Practical Law: Construction Blog

Posted March 17th, 2023 in construction industry, dispute resolution, enforcement, injunctions, news by sally

‘Earlier this year I wrote about the judgment in Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd, where O’Farrell J continued an interim freezing injunction that had been granted a month or so earlier. As I said at the time, while I wouldn’t ordinarily be interested in an injunction application, I wrote about it because one of the contractor’s defences to enforcement of the adjudicator’s decision focused on the adjudicator’s request for on account payments for his fees.

Fast forward six months and the case has been back before the TCC judges (also called Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd). This time it was in front of Recorder Andrew Singer KC (sitting as a High Court judge), who was asked to look at the payment point as part of the enforcement application. He held that the adjudicator had not exercised a lien before issuing his decision.’

Full Story

Practical Law: Construction Blog, 15th March 2023

Source: constructionblog.practicallaw.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 17th, 2023 in legislation by sally

SI 2023/321 – The Prison and Young Offender Institution (Adjudication) (Amendment) Rules 2023

SI 2023/309 – The Social Security (Contributions) (Amendment No. 3) Regulations 2023

SI 2023/308 – The Social Security (Contributions) (Amendment No. 2) Regulations 2023

SI 2023/307 – The Income Tax (Pay As You Earn) (Amendment) Regulations 2023

SI 2023/303 – The Mandatory Travel Concession (England) (Amendment) Regulations 2023

SI 2023/329 – The Excise Duties (Surcharges or Rebates) (Hydrocarbon Oils etc.) Order 2022 (Continuation) Order 2023

SI 2023/327 – The Tribunal Procedure (Amendment) Rules 2023

SI 2023/318 – The Employment Rights (Increase of Limits) Order 2023

SI 2023/315 – The Building Safety (Registration of Higher-Risk Buildings and Review of Decisions) (England) Regulations 2023

SI 2023/296 – The Copyright and Performances (Application to Other Countries) (Amendment) Order 2023

SI 2023/336 – The Ozone-Depleting Substances (Grant of Halon Derogations) Regulations 2023

SI 2023/334 – The Food Additives, Food Flavourings and Novel Foods (Authorisations) (England) Regulations 2023

SI 2023/332 – The Personal Injuries (Civilians) Scheme (Amendment) Order 2023.

SI 2023/331 – The Removal, Storage and Disposal of Motor Vehicles (Amendment) Regulations 2023

SI 2023/330 – The Social Security (Contributions) (Re-rating) Consequential Amendment Regulations 2023

SI 2023/326 – The Authority to Carry Scheme and Civil Penalties Regulations 2023

SI 2023/325 – The Airports Slot Allocation (Alleviation of Usage Requirements) Regulations 2023

SI 2023/323 – The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2023

SI 2023/333 – The International Fund for Agricultural Development (Twelfth Replenishment) Order 2023

SI 2023/316 – The Social Security Benefits Up-rating Order 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 17th, 2023 in law reports by sally

Supreme Court

The Law Debenture Trust Corporation plc v Ukraine [2023] UKSC 11 (15 March 2023)

Court of Appeal (Civil Division)

Cannon v Bar Standards Board [2023] EWCA Civ 278 (16 March 2023)

Manolete Partners Plc v Dalal [2023] EWCA Civ 269 (14 March 2023)

AAA (Syria) & Ors, R (On the Application Of) v Secretary of State for the Home Department [2023] EWCA Civ 266 (14 March 2023)

Isah, R (On the Application Of) v Secretary of State for the Home Department [2023] EWCA Civ 268 (14 March 2023)

Court of Appeal (Criminal Division)

Murray & Ors, R. v [2023] EWCA Crim 282 (16 March 2023)

High Court (Administrative Court)

Bailey & Anor, R (On the Application Of) v Secretary of State for Justice [2023] EWHC 555 (Admin) (15 March 2023)

Better Streets for Kensington and Chelsea & Anor, R (On the Application Of) v Royal Borough of Kensington and Chelsea [2023] EWHC 536 (Admin) (14 March 2023)

LLC Synesis v Secretary of State for Foreign, Commonwealth And Development Affairs [2023] EWHC 541 (Admin) (14 March 2023)

High Court (Chancery Division) Decisions

SVS Securities Plc, Re (Re Investment Bank Special Administration Regulations 2022 [SI 2011/245]) [2023] EWHC 585 (Ch) (16 March 2023)

Decision Inc Holdings Proprietary Ltd & Anor v Garbett & Anor [2023] EWHC 588 (Ch) (16 March 2023)

Gupta & Anor v Shah & Ors [2023] EWHC 540 (Ch) (15 March 2023)

Complete Facilities Solutions Ltd v Livingstone Consulting Ltd & Ors [2023] EWHC 571 (Ch) (14 March 2023)

High Court (Patents Court)

Interdigital Technology Corporation & Ors v Lenovo Group Ltd (FRAND Judgment – Public Version) [2023] EWHC 539 (Pat) (16 March 2023)

High Court (King’s Bench Division)

Mortgage Express v Ramsay [2023] EWHC 566 (KB) (15 March 2023)

Source: www.legislation.gov.uk

Multi-million investment to turbocharge growth of technology in legal services – Ministry of Justice

Posted March 17th, 2023 in computer programs, legal services, Ministry of Justice, news by sally

‘CodeBase and Legal Geek will receive £3 million of government funding to turbocharge the development and use of technology in the legal sector.’

Full Story

Ministry of Justice, 15th March 2023

Source: www.gov.uk

Negligence claim over law firm’s ground rent advice dismissed – Legal Futures

Posted March 17th, 2023 in conveyancing, law firms, leases, negligence, news by sally

‘A circuit judge has dismissed a negligence claim over a London law firm’s alleged failure to give a client proper advice on a how much the ground rent would increase under a lease.’

Full Story

Legal Futures, 17th March 2023

Source: www.legalfutures.co.uk

Credibility at Bar linked to “masculine heterosexuality” – Legal Futures

‘Macho masculinity and the alignment of what is generally considered professional at the Bar with heterosexuality, is creating problems for sexual minority barristers, according to a paper published recently.’

Full Story

Legal Futures, 17th March 2023

Source: www.legalfutures.co.uk

Gang members who made millions illegally selling prescription medication have been sentenced – Crown Prosecution Service

‘Three gang members who made £3.7m from illegally selling controlled drugs and prescription medicines online have been sentenced.’

Full Story

Crown Prosecution Service, 14th March 2023

Source: www.cps.gov.uk

Speech by the Chief Coroner: Death in Custody Symposium – Courts and Tribunals Judiciary

Posted March 17th, 2023 in coroners, death in custody, prisons, speeches, statutory duty by sally

‘Speech by the Chief Coroner: Death in Custody Symposium.’

Full speech

Courts and Tribunals Judiciary, 14th March 2023

Source: www.judiciary.gov.uk

Split liability offer did not meet Part 36 requirements – Law Society’s Gazette

Posted March 17th, 2023 in civil procedure rules, costs, damages, holidays, news, part 36 offers by sally

‘A claimant’s 90/10 liability offer went against both the letter and spirit of civil procedure rules on Part 36, a High Court judge has ruled.’

Full Story

Law Society's Gazette, 16th March 2023

Source: www.lawgazette.co.uk

How the courts deal with financial remedies in a short marriage – Family Law Week

‘I recently fought a case where the parties divorced after eighteen months. There is no formal definition of a short marriage, but there are some benchmarks. The median marriage in the UK at the time of divorce was 12.3 years in 2021 for opposite-sex couples while the most common duration of marriage was 8 years. The figures are lower for same-sex couples who have only been able to divorce since 2015. On this basis, my case was likely to qualify as a short marriage.’

Full Story

Family Law Week, 13th March 2023

Source: www.familylawweek.co.uk