Going for broke: Court of Appeal decides on insolvent party enforcement of adjudication awards – Practical Law: Construction Blog

Posted October 8th, 2021 in appeals, enforcement, insolvency, news by sally

‘The Court of Appeal has handed down judgment in John Doyle Contractors Ltd v Erith Contractors Ltd. It is one of the first cases following the Supreme Court’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd to test the courts’ willingness to allow insolvent parties to enforce adjudicators’ awards.’

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Practical Law: Construction Blog, 7th October 2021

Source: constructionblog.practicallaw.com

Statutory Instruments – legislation.gov.uk

Posted October 8th, 2021 in legislation by sally

SI 2021/1123 – The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2021

SI 2021/1117 – The Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 8th, 2021 in law reports by sally

Supreme Court

REFERENCES (Bills) by the Attorney General and the Advocate General for Scotland – United Nations Convention on the Rights of the Child and European Charter of Local Self-Government (Incorporation) (Scotland) [2021] UKSC 42 (06 October 2021)

Ho v Adelekun [2021] UKSC 43 (06 October 2021)

Court of Appeal (Civil Division)

John Doyle Construction Ltd v Erith Contractors Ltd [2021] EWCA Civ 1452 (07 October 2021)

H-W (Children: Proportionality) [2021] EWCA Civ 1451 (07 October 2021)

Griffiths v Tui (UK) Ltd [2021] EWCA Civ 1442 (07 October 2021)

Revenue And Customs v Fisher & Ors [2021] EWCA Civ 1438 (06 October 2021)

Banks v Revenue And Customs [2021] EWCA Civ 1439 (06 October 2021)

Court of Appeal (Criminal Division)

Ambrose & Ors v Post Office Ltd [2021] EWCA Crim 1443 (07 October 2021)

High Court (Chancery Division)

Brearley v Higgs & Sons (a firm) [2021] EWHC 2635 (Ch) (07 October 2021)

High Court (Commercial Court)

Asprey Capital Ltd v Rediresi Ltd [2021] EWHC 2662 (Comm) (07 October 2021)

High Court (Family Division)

Manchester University NHS Foundation Trust v Fixsler & Ors [2021] EWHC 2664 (Fam) (06 October 2021)

An NHS Trust v D (A Minor : Out of Hours Application) [2021] EWHC 2676 (Fam) (05 October 2021)

High Court (Queen’s Bench Division)

Hamilton v Secretary of State for Business, Energy And Industrial Strategy & Anor (Rev1) [2021] EWHC 2647 (QB) (06 October 2021)

Source: www.bailii.org

Court of Appeal rules on the legality of Christian requirement by fostering agency – UK Human Rights Blog

Posted October 8th, 2021 in appeals, children, Christianity, equality, fostering, homosexuality, human rights, judicial review, news, sexual orientation discrimination by sally

‘In this claim for judicial review, the issue was whether it was lawful for the claimant independent fostering agency (Cornerstone) only to accept heterosexual evangelical Christians as potential carers under the Equality Act 2010 (EA 2010) and the European Convention on Human Rights (the Convention).’

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UK Human Rights Blog, 7th October 2021

Source: ukhumanrightsblog.com

Tens of thousands more criminals to be tagged to cut crime and protect victims – Ministry of Justice

Posted October 8th, 2021 in criminal justice, electronic monitoring, Ministry of Justice, news, recidivists, rehabilitation by sally

‘Almost 26,000 extra offenders will be tagged over the next 3 years under an ambitious £180 million plan to expand the use of electronic monitoring to cut crime.’

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Ministry of Justice, 5th October 2021

Source: www.gov.uk

Euston tunnel HS2 protesters walk free from court – The Guardian

Posted October 8th, 2021 in demonstrations, environmental protection, news, railways, trespass by sally

‘Six environmental protesters who occupied a tunnel close to Euston station in protest against the HS2 high-speed link earlier this year walked free from court after charges in connection with the occupation were dismissed by a judge.’

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The Guardian, 6th October 2021

Source: www.theguardian.com

Capability and conduct dismissals – Local Government Lawyer

Posted October 8th, 2021 in appeals, employment, employment tribunals, local government, news, unfair dismissal by sally

‘Can the Employment Tribunal “go behind” a final written warning? Madeleine Shields reports on a recent Employment Appeal Tribunal ruling.’

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Local Government Lawyer, 8th October 2021

Source: www.localgovernmentlawyer.co.uk

Interim and final injunctions: the differences – Local Government Lawyer

Posted October 8th, 2021 in climate change, coronavirus, demonstrations, environmental protection, injunctions, local government, news, planning by sally

‘Roderick Morton considers two injunction cases which neatly illustrate the differences between interim and final injunctions.’

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Local Government Lawyer, 8th October 2021

Source: www.localgovernmentlawyer.co.uk

Students used by law firm for agency advocacy are ‘workers’ – Legal Futures

Posted October 8th, 2021 in barristers, contract of employment, employment, employment tribunals, equality, holiday pay, law firms, news, self-employment by sally

‘A Bar student who handled agency advocacy work through a law firm was a worker with certain rights and not self-employed, an employment tribunal has ruled.’

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Legal Futures, 8th October 2021

Source: www.legalfutures.co.uk

Speech by the Lord Chief Justice on the 125th anniversary of the Commercial Court – Courts & Tribunals Judiciary

Posted October 8th, 2021 in Commercial Court, speeches by sally

‘Speech by the Lord Chief Justice on the 125th anniversary of the Commercial Court.’

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Courts & Tribunals Judiciary, 7th October 2021

Source: www.judiciary.uk

Court lets late solicitors off hook – but don’t expect more ‘indulgence’ – Law Society’s Gazette

Posted October 8th, 2021 in civil procedure rules, documents, news, service, solicitors, time limits by sally

‘ The High Court has shown a rare act of mercy to lawyers who filed documents late without checking to see if their opponents would accept email service. In Citysprint UK Ltd v Barts Health NHS Trust Mr Justice Fraser stressed that the particular circumstances were unusual and that his ruling should not be interpreted as the court being “indulgent” to failures of compliance.’

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Law Society's Gazette, 7th October 2021

Source: www.lawgazette.co.uk

Claimant loses in Court of Appeal despite defendant offering no evidence – Law Society’s Gazette

Posted October 8th, 2021 in appeals, compensation, cross-examination, damages, evidence, expert witnesses, holidays, news, personal injuries by sally

‘The Court of Appeal has found – albeit by a majority verdict – in favour of a defendant who offered no evidence to support their case and did not cross-examine the claimant’s instructed expert. The ruling on uncontroverted evidence in Griffiths v Tui will be a blow for personal injury firms with hundreds of holiday sickness claims waiting on the result.’

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Law Society's Gazette, 7th October 2021

Source: www.lawgazette.co.uk

Major NHS trust downgraded by care watchdog amid safety fears – The Independent

Posted October 8th, 2021 in health & safety, hospitals, news, ombudsmen, quality assurance by sally

‘One of the largest hospital trusts in England has been downgraded by the care watchdog amid safety fears and criticism that bosses did not act on staff concerns.’

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The Independent, 8th October 2021

Source: www.independent.co.uk

Man jailed for posing as a police officer and trying to ‘arrest’ woman – The Independent

Posted October 8th, 2021 in abuse of position of trust, deceit, impersonation, imprisonment, inquiries, kidnapping, news, police, professional conduct, rape, sentencing, sexual offences, victims, women by sally

‘A man has been jailed after impersonating a police officer and attempting to “arrest” a woman.’

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The Independent, 8th October 2021

Source: www.independent.co.uk

Research Briefing: Powers of attorney and other decision-making powers – House of Commons Library

Posted October 8th, 2021 in consultations, Court of Protection, mental health, Ministry of Justice, news, parliament, powers of attorney by sally

‘This Commons Library briefing paper deals with powers of attorney and other ways of authorising someone to make a decision for another person in England and Wales.’

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House of Commons Library, 6th October 2021

Source: commonslibrary.parliament.uk

Insight: Sarah Everard’s murder: Home Secretary commissions public inquiry – House of Commons Library

Posted October 8th, 2021 in abuse of position of trust, government departments, inquiries, kidnapping, news, parliament, police, professional conduct, rape, sentencing, sexual offences, victims, women by sally

‘Priti Patel has launched a non-statutory inquiry following the sentencing of Sarah Everard’s killer. The chair and terms of reference have yet to be announced.’

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House of Commons Library, 6th October 2021

Source: commonslibrary.parliament.uk

School’s failure to monitor internet use contributed to teenage girl’s suicide, coroner rules – The Independent

Posted October 8th, 2021 in autism, causing death of children or vulnerable adults, children, coroners, inquests, internet, mental health, news, school children, suicide by sally

‘A school’s failure to sufficiently monitor the internet activity of an autistic teenage girl “contributed” to her suicide, a coroner has concluded.’

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The Independent, 7th October 2021

Source: www.independent.co.uk

Calls for employment law change as parents routinely forced to use holiday leave to look after sick children – The Independent

Posted October 8th, 2021 in children, employment, families, holidays, news, sick leave by sally

‘Parents are being forced to use holiday leave to look after their children when they get sick, a new study has found.’

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The Independent, 7th October 2021

Source: www.independent.co.uk

Milad Rouf: Student jailed for Brighton acid attack – BBC News

Posted October 8th, 2021 in assault, domestic violence, grievous bodily harm, imprisonment, news, sentencing by sally

‘A medical student who threw sulphuric acid over his former girlfriend while disguised as a woman has been jailed for 11 years.’

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BBC News, 8th October 2021

Source: www.bbc.co.uk

Supreme Court backs claimants in QOCS set-off ruling – Legal Futures

Posted October 7th, 2021 in accidents, civil procedure rules, costs, news, personal injuries, road traffic, set-off, Supreme Court by sally

‘The Supreme Court has held that defendants cannot set off opposing costs orders in cases covered by qualified one-way costs shifting (QOCS), in what has been hailed as a significant win for claimants.’

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Legal Futures, 6th October 2021

Source: www.legalfutures.co.uk