Recent Statutory Instruments – legislation.gov.uk

Posted April 13th, 2018 in legislation by tracey

The Data Protection (Charges and Information) Regulations 2018

The Police Powers of Designated Civilian Staff and Volunteers (Excluded Powers and Duties of Constables) Regulations 2018

Source: www.legislation.gov.uk

An unplanned surprise: Implied planning obligations – Clin v Walter Lilly – Practical Law: Construction Blog

Posted April 13th, 2018 in news by tracey

‘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.’

Full Story

Practical Law: Construction Blog, 11th April 2018

Source: constructionblog.practicallaw.com

BAILII: Recent Decisions

Posted April 13th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Blackpool Football Club (Properties) Ltd v JSC Baltic International Bank & Anor [2018] EWCA Civ 732 (12 April 2018)

High Court (Administrative Court)

Summers v London Borough of Richmond Upon Thames [2018] EWHC 782 (Admin) (12 April 2018)

High Court (Chancery Division)

Bakhshiyeva (Representative of the OJSC International Bank of Azerbaijan) v Sberbank of Russia & Ors [2018] EWHC 792 (Ch) (12 April 2018)

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

Posted April 13th, 2018 in news by sally

‘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.’

Full Story

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

Posted April 13th, 2018 in news by tracey

‘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.’

Full Story

Litigation Futures, 12th April 2018

Source: www.litigationfutures.com

Former church minister jailed for historical sex offences – Crown Prosecution Service

Posted April 13th, 2018 in press releases by tracey

‘A former church minister has been jailed for historical sex offences committed over a period of 22 years.’

Full press release

Crown Prosecution Service, 10th April 2018

Source: www.cps.gov.uk

Family convicted of forced labour and modern slavery – Crown Prosecution Service

Posted April 13th, 2018 in press releases by tracey

‘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.’

Full press release

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

Posted April 13th, 2018 in news by tracey

‘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”.’

Full Story

Courts and Tribunals Judiciary, 12th April 2018

Source: www.judiciary.gov.uk

Personal Injury and the tort of deceit – Zenith Chambers

Posted April 13th, 2018 in news by sally

‘In this High Court action a road traffic insurer recovered damages in the tort of deceit against the Defendant following a staged accident. ‘

Full Story

Zenith Chambers, 27th March 2018

Source: www.zenithchambers.co.uk

Family mounts legal challenge to Northamptonshire library cuts – The Guardian

Posted April 13th, 2018 in news by tracey

‘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.’

Full Story

The Guardian, 12th April 2018

Source: www.theguardian.com

‘Serious flaws’ in UK immigration system, Law Society warns – BBC News

Posted April 13th, 2018 in news by tracey

‘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.’

Full Story

BBC News, 12th April 2018

Source: www.bbc.co.uk

Riaz v Ashwood – 4 New Square

Posted April 13th, 2018 in news by sally

‘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.’

Full Story

4 New Square, 28th March 2018

Source: www.4newsquare.com

Activists bring case at appeal court over UK arms sales to Saudis – The Guardian

Posted April 13th, 2018 in news by tracey

‘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.’

Full Story

The Guardian, 12th April 2018

Source: www.theguardian.com

Government to introduce fixed costs for holiday sickness claims “in coming weeks” – Legal Futures

Posted April 13th, 2018 in news by tracey

‘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.’

Full MOJ press release

Full Story

Legal Futures, 13th April 2018

Source: www.legalfutures.co.uk

Costs Budgeting – 4 New Square

Posted April 13th, 2018 in news by sally

‘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.’

Full Story

4 New Square, 4th April 2018

Source: www.4newsquare.com

Conman who targeted grieving families sentence slashed – BBC News

Posted April 13th, 2018 in news by tracey

‘A conman who posed as a private detective and targeted grieving families has had his jail term reduced from 10 to six years.’

Full Story

BBC News, 13th April 2018

Source: www.bbc.co.uk

Former Stephen Lawrence suspect Neil Acourt ordered to repay drug money – BBC News

Posted April 13th, 2018 in news by tracey

‘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.’

Full Story

BBC News, 12th April 2018

Source: www.bbc.co.uk

St Hugh’s College in Oxford sets up harassment inquiry – BBC News

Posted April 13th, 2018 in news by tracey

‘Allegations of misconduct and sexual harassment at an Oxford University college will be investigated by an independent inquiry.’

Full Story

BBC News, 12th April 2018

Source: www.bbc.co.uk

Ex-Rochdale council leader lied to us, child abuse inquiry finds – The Guardian

Posted April 13th, 2018 in news by tracey

‘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.’

Full Story

The Guardian, 12th April 2018

Source: www.theguardian.com

Shared care arrangements in relocation cases – Family Law

Posted April 12th, 2018 in care orders, children, domicile, families, news by sally

‘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.’

Full Story

Family Law, 12th April 2018

Source: www.familylaw.co.uk