Does the platinum jubilee bank holiday entitle a contractor to an extension of time? – Practical Law: Construction Blog
‘An additional bank holiday has been created in the UK this year to celebrate the Queen’s Platinum Jubilee. Does this entitle a contractor to claim an extension of time? A client recently asked this question in the context of a project using the JCT Design and Build Contract 2016. It certainly throws up a number of issues.’
Practical Law: Construction Blog, 4th May 2022
Challenge to Government policy of discharging hospital patients to care homes at start of pandemic partly upheld – UK Human Rights Blog
‘The High Court (Bean LJ and Garnham J) held in R (Gardner) v Secretary of State for Health [2022] EWHC 967 (Admin) that the Government’s March 2020 Discharge Policy and the April 2020 Admissions Guidance were unlawful to the extent that the policy set out in each document was irrational in failing to advise that where an asymptomatic patient (other than one who had tested negative) was admitted to a care home, he or she should, so far as practicable, be kept apart from other residents for 14 days.’
UK Human Rights Blog, 3rd May 2022
Source: ukhumanrightsblog.com
Lawyers limit community care cases “to help firms stay afloat” – Legal Futures
‘Community care lawyers are limiting the amount and type of legal aid work they do to ensure that their firms remain financially viable, a report has found.’
Legal Futures, 6th May 2022
Source: www.legalfutures.co.uk
No retainer between law firm and businessman in £2.5m dispute – Legal Futures
‘There was no express or implied retainer between a Buckinghamshire law firm and a businessman with a “colourful commercial career” suing it for £2.5m in damages, the High Court has ruled.’
Legal Futures, 6th May 2022
Source: www.legalfutures.co.uk
Freedom of Information Act does not allow aggregation of separate public interests in maintaining different exemptions when weighing them against public interest in disclosure: Upper Tribunal – Local Government Lawyer
‘The Freedom of Information Act 2000 (“FOIA”) does not permit aggregation of the separate public interests in favour of maintaining different exemptions when weighing the maintenance of the exemptions against the public interest which favours disclosure of the information sought, the Upper Tribunal has ruled.’
Local Government Lawyer, 5th May 2022
Source: www.localgovernmentlawyer.co.uk
Data breach litigation — more useful High Court guidance – Local Government Lawyer
‘The High Court has provided further guidance on two important issues in data breach claims, writes Peter Wake.’
Local Government Lawyer, 6th May 2022
Source: www.localgovernmentlawyer.co.uk
Capacity to litigate – Family Law
‘The Court of Appeal has considered the question of whether it is fair and appropriate for a Court of Protection Judge to visit the person who lacks mental capacity and about whom the Judge is being asked to make a best interest decision.’
Family Law, 5th May 2022
Source: www.familylaw.co.uk
Ombudsmen release joint guidance to tackle common mistakes in aftercare of mental health in-patients – Family Law
‘The Parliamentary and Health Service Ombudsman (PHSO) and the Local Government and Social Care Ombudsman (LGSCO) have released new guidance to tackle common and repeated mistakes seen in the aftercare of patients receiving support under the Mental Health Act.’
Family Law, 5th May 2022
Source: www.familylaw.co.uk
Acoustic shock claim back on after ‘fundamental error’ – Law Society’s Gazette
‘The Court of Appeal has revived an acoustic shock claim after a finding that the defendant’s evidence was incorrect and the judge was considering the wrong issue.’
Law Society's Gazette, 5th May 2022
Source: www.lawgazette.co.uk
Lawyer who injected food with his blood in Waitrose, Sainsbury’s and Tesco was insane, jury finds – The Independent
‘A lawyer who injected food with his blood at a series of supermarkets in a £500,000 rampage has been found not guilty by reason of insanity.’
The Independent, 6th May 2022
Source: www.independent.co.uk
UK watchdog will have power to impose huge fines on big tech firms – The Guardian
‘A new tech watchdog will be given the power to impose multibillion-pound fines on major firms such as Google and Facebook if they breach rules designed to protect consumers and businesses.’
The Guardian, 5th May 2022
Source: www.theguardian.com
Recent Statutory Instruments – legislation.gov.uk
SI 2022/504 – The Licensing Act 2003 (Platinum Jubilee Licensing Hours) Order 2022
SI 2022/498 – The Sea Fisheries (Amendment) Regulations 2022
SI 2022/497 – The Aviation Security (Amendment) Regulations 2022
SI 2022/494 – The Armed Forces (Service Complaints) (Amendment) Regulations 2022
SI 2022/492 – The Industrial Training Levy (Construction Industry Training Board) Order 2022
SI 2022/488 – The Air Navigation (Restriction of Flying) (Birmingham) Regulations 2022
SI 2022/482 – The Air Navigation (Restriction of Flying) (Auchenbreck) (Emergency) Regulations 2022
SI 2022/477 – The Russia (Sanctions) (EU Exit) (Amendment) (No. 9) Regulations 2022
SI 2022/475 – The M54 to M6 Link Road Development Consent Order 2022
Source: www.legislation.gov.uk
Pilot scheme paves way for victims’ right to attend Parole Board hearings – The Independent
‘Victims could attend full Parole Board hearings for criminals hoping to be freed from jail for the first time as early as next month.’
The Independent, 4th May 2022
Source: www.independent.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
C (A Child) (Fact-Finding) [2022] EWCA Civ 584 (04 May 2022)
Lifestyle Equities CV & Anor v Amazon UK Services Ltd & Ors [2022] EWCA Civ 552 (04 May 2022)
ABP Technology Ltd v Voyetra Turtle Beach Inc & Anor [2022] EWCA Civ 594 (04 May 2022)
Park v Hadi & Anor [2022] EWCA Civ 581 (29 April 2022)
Mincione v Gedi Gruppo Editoriale SPA [2022] EWCA Civ 557 (29 April 2022)
Armstead v Royal Sun Alliance Insurance Company Ltd [2022] EWCA Civ 497 (28 April 2022)
High Court (Administrative Court)
Badea v Romanian Judicial Authority [2022] EWHC 1025 (Admin) (04 May 2022)
Nemeth & Ors v Hungarian Judicial Authorities [2022] EWHC 1024 (Admin) (04 May 2022)
McDonnell v Dass Legal Solutions (MK) Law Ltd (t/a DLS Law) [2022] EWHC 991 (Admin) (29 April 2022)
James, R (On the Application Of) v Dover District Council [2022] EWHC 961 (Admin) (28 April 2022)
High Court (Chancery Division)
Ince Gordon Dadds LLP v Mellitah Oil & Gas BV [2022] EWHC 997 (Ch) (03 May 2022)
High Court (Commercial Court)
Richards & Anor v Speechly Bircham LLP & Anor [2022] EWHC 935 (Comm) (29 April 2022)
High Court Family Division)
High Court (Patents Court)
Otsuka Pharmaceutical Co Ltd v GW Pharma Ltd [2022] EWHC 1012 (Pat) (03 May 2022)
High Court (Queen’s Bench Division)
Longley v PPB Entertainment Ltd & Ors [2022] EWHC 977 (QB) (29 April 2022)
High Court (Technology and Construction Court)
Alame & & Ors v Royal Dutch Shell Plc & Anor [2022] EWHC 989 (TCC) (29 April 2022)
The Rugby Football Union v Clark Smith Partnership Ltd & Anor [2022] EWHC 956 (TCC) (29 April 2022)
Source: www.bailii.org
Judicial Review of Policies – Local Government Law
‘R (All the Citizens) v SoS (2022) EWHC 960 (Admin), a Divisional Court is concerned with whether there is a legal duty, enforceable by judicial review, to create and maintain records so that they are available for posterity, and whether policies are enforceable as a matter of public law.’
Local Government Law, 4th May 2022
Source: local-government-law.11kbw.com
Case Comment: Crown Prosecution Service v Aquila Advisory Ltd [2021] UKSC 49 – UKSC Blog
‘In this post, Amy Wilkinson, a senior associate in CMS’ financial crime team, comments on the decision of the UK Supreme Court in Crown Prosecution Service v Aquila Advisory Ltd [2021] UKSC 49. On 3 November 2021, the Supreme Court unanimously dismissed the appeal and ruled in favour of Aquila Advisory Ltd. The decision concerns attribution of directors’ criminal actions and who should have priority over assets derived from their criminal schemes.’
UKSC Blog, 4th May 2022
Source: ukscblog.com
Government will not challenge court ruling on care home discharge policies – The Independent
‘The Government has said it will not be appealing against a High Court ruling which stated its care home discharge policies were unlawful.’
The Independent, 4th May 2022
Source: www.independent.co.uk
Judicial College Guidelines updated – Law Society’s Gazette
‘On 11 April, the Judicial College published the 16th edition of its guidelines to the assessment of general damages in personal injury cases. The previous edition was published in November 2019. These guidelines were first published in 1992 and provide a critical tool for practitioners and the courts. They rely heavily on reported decisions, covering categories as diverse as injuries caused by death, chronic pain, dermatitis and other skin conditions. The higher awards are to be found in chapters 2 and 3, tetraplegia and head injury, where the ranges in the top bracket are £324,600 to £403,990 and £282,010 to £403,990 respectively. Total blindness and deafness attracts an award in the region of £403,990, while minor injuries “where there is a complete recovery within seven days” are valued at “a few hundred pounds to £690”.’
Law Society's Gazette, 4May 2022
Source: www.lawgazette.co.uk
