Bank’s solicitor “may have owed duty of care” to third party – Legal Futures

Posted January 16th, 2023 in appeals, banking, conveyancing, duty of care, land registration, news, solicitors by tracey

‘A bank’s solicitor may owe a duty of care to the seller of the property when filling in Land Registry paperwork to change the register, the Court of Appeal has ruled.’

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Legal Futures, 16th January 2023


SRA sanctioned for wrongly publishing trainee’s ban – Legal Futures

‘The Solicitors Regulation Authority (SRA) has been sanctioned in costs after prematurely stating on its website that it had banned a former trainee solicitor from working for law firms.’

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Legal Futures, 16th January 2023


Man jailed for life for murder in oldest double jeopardy case – BBC News

‘A man has been jailed for life for raping and murdering a girl almost 50 years ago, in the oldest double jeopardy case in England and Wales.’

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BBC News, 14th January 2023


Basildon Hospital maternity staff exposed to 30 times legal gas limit – BBC News

Posted January 16th, 2023 in employment, health & safety, hospitals, midwives, news by tracey

‘Staff at a maternity unit were exposed to almost 30 times the legal workplace exposure limit for nitrous oxide, documents have shown. Testing at Basildon Hospital revealed the levels more than 16 months before colleagues were informed.’

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BBC News, 16th January 2023


A mediator’s take on the Nuffield Family Justice Observatory’s latest report – Family Law

Posted January 16th, 2023 in children, dispute resolution, divorce, families, family courts, news by tracey

‘Another month, and the publishing of another detailed academic report considering the experiences of parents and their children who have been through a separation. This particular report, “Separating Families: Experiences of separation and support”, was published by the Nuffield Family Justice Observatory, with research carried out by University of Bristol. When the key findings first landed on my desk, I must say I was keen to delve into the detail having seen that the main focus of the programme of evidence was to increase understanding of private law proceedings in England and Wales, and in particular the types of support that families drew on to manage the process of separation without using the courts.’

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Family Law, 16th January 2023


Court rejects costs budgeting plea on child’s clin neg claim – Law Society’s Gazette

Posted January 16th, 2023 in birth, costs, damages, hospitals, negligence, news, personal injuries by tracey

‘The High Court has rejected a defendant’s plea for a costs management order regarding a child’s clinical negligence case which could still have years to run. Master Cook stated that the policy of children’s cases being exempt from costs management should be adhered to, even if the defendant was unhappy with the costs incurred so far.’

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Law Society's Gazette, 13th January 2023


Right to wild camp in England lost in Dartmoor court case – The Guardian

Posted January 16th, 2023 in commons, news, parks by tracey

‘The right to wild camp in England and Wales has been lost, after a wealthy landowner successfully brought a case against Dartmoor national park, the last place it was possible without seeking permission.’

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The Guardian, 13th January 2023


Firm fined a further £200,000 over Wolverhampton storm death – BBC News

Posted January 16th, 2023 in accidents, bereavement, fines, health & safety, inquests, news by tracey

‘A company has been fined £200,000 after a woman was killed by a water tank cover falling from a shopping centre.’

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BBC News, 14th January 2023


Victims and families call for prosecutions as contaminated blood inquiry nears end – The Guardian

Posted January 16th, 2023 in bereavement, blood products, families, inquiries, news, prosecutions, victims by tracey

‘Victims and family members affected by the contaminated blood scandal are calling for criminal charges to be considered as the public inquiry into the tragedy draws to a close. While the inquiry, which will begin to hear closing submissions on Tuesday, cannot determine civil or criminal liability, people affected by the scandal are keen for the mass of documents and evidence accumulated over more than four years to be handed over to prosecutors to see whether charges can be brought.’

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The Guardian, 16th January 2023


New plans to widen police powers for disruptive protests – BBC News

‘Police could be allowed to shut down protests before they cause serious disruption, under new government plans.’

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BBC News, 15th January 2023


A5 Milton Keynes: Flooded road crash victim’s partner agrees pay-out – BBC News

Posted January 13th, 2023 in accidents, bereavement, compensation, damages, families, inquests, news, road safety, roads by tracey

‘The partner of a woman who died in a crash after driving into standing water on a main road has agreed an £850,000 settlement with Highways England, a court heard.’

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BBC News, 12th January 2023


New Act –

Posted January 13th, 2023 in financial regulation, legislation by tracey

2023 c. 1 – Finance Act 2023


Statutory Instruments –

Posted January 13th, 2023 in legislation by tracey

SI 2023/15 – The Immigration and Nationality (Fees) and Passport (Fees) (Amendment) Regulations 2023

SI 2023/13 – The Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2023

SI 2023/10 – The Energy Bills Support Scheme and Alternative Fuel Payment Pass-through Requirement (Northern Ireland) Regulations 2023

SI 2023/9 – The Energy Bill Relief Scheme (Non-Standard Cases) Regulations 2023

SI 2023/18 – The Agricultural Holdings (Units of Production) (England) Order 2023

SI 2023/20 – The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Code A) Order 2023


BAILII: Recent Decisions

Posted January 13th, 2023 in law reports by tracey

Supreme Court

McCue v Glasgow City Council (Scotland) [2023] UKSC 1 (11 January 2023)

Court of Appeal (Civil Division)

Malik v Hussain & Ors [2023] EWCA Civ 2 (11 January 2023)

Brian Leighton (Garages) Ltd v Allianz Insurance Plc [2023] EWCA Civ 8 (11 January 2023)

Sharp Corp Ltd v Viterra BV [2023] EWCA Civ 7 (11 January 2023)

S (A Child) & W (A Child), Re (s 20 Accommodation) [2023] EWCA Civ 1 (05 January 2023)

High Court (Administrative Court)

BH v Norwich Youth Court [2023] EWHC 25 (Admin) (11 January 2023)

Atanasov v District Prosecutor’s Office, Karlovo, Bulgaria [2023] EWHC 18 (Admin) (11 January 2023)

High Court (Chancery Division)

Dormco SICA Ltd & Ors v SBL Carston Ltd [2023] EWHC 20 (Ch) (12 January 2023)

SwissIndependent Trustees SA v Sofer & Ors [2023] EWHC 12 (Ch) (12 January 2023)

High Court (Commercial Court)

Asprey Capital Ltd v Rediresi Ltd & Anor (Re Non-Party Costs Order) [2023] EWHC 28 (Comm) (12 January 2023)

Flowcrete UK Ltd & Ors v Vebro Polymers UK Ltd & Ors [2023] EWHC 22 (Comm) (11 January 2023)

4VVV Ltd & Ors v Spence & Ors [2023] EWHC 1 (Comm) (06 January 2023)

High Court (King’s Bench Division)

CXS v Maidstone and Tunbridge Wells NHS Trust [2023] EWHC 14 (KB) (12 January 2023)

High Court (Technology and Construction Court)

LJR Interiors Ltd v Cooper Construction Ltd [2023] EWHC 3339 (TCC) (11 January 2023)


When is a contractor not a contractor? –

Posted January 13th, 2023 in contract of employment, contracting out, contracts, employment, news, taxation by tracey

‘It is essential that contractors, and anyone hiring contractors or consultants, in the UK understand what could give rise to UK employment law obligations.’

Full Story, 12th January 2023


St James’s Oncology v Lendlease: the value of project-specific amendments to JCT contracts – Practical Law: Construction Blog

Posted January 13th, 2023 in construction industry, contracts, drafting, hospitals, indemnities, news by tracey

‘The recent judgment of the TCC in St James’s Oncology SPC Ltd (Project Co) v Lendlease Construction (Europe) Ltd and another provides a fascinating commentary on the importance of drafting a building contract that is tailored to deliver the needs of the employer and the end-user.’

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Practical Law: Construction Blog , 12th January 2023


Class actions focusing on banks and competition law breaches – Legal Futures

Posted January 13th, 2023 in banking, class actions, competition, news by tracey

‘The UK’s biggest banks are facing 109 class actions across different jurisdictions, 41 of them relating to interest rate swaps, research by City law firm RPC has shown.’

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Legal Futures, 13th January 2023


Sentence Update: Former Premier League star jailed for £15 million investment fraud – Crown Prosecution Service

Posted January 13th, 2023 in Crown Prosecution Service, fraud, imprisonment, money laundering, news, sentencing by tracey

‘A former Premier League star has been jailed today (12 January 2023) for defrauding friends, family members and associates out of £15 million.’

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Crown Prosecution Service, 12th January 2023


Raab faces judicial review over criminal legal aid fees – Law Society’s Gazette

‘The Law Society has issued an ultimatum to lord chancellor Dominic Raab over criminal legal aid fees: increase them by the minimum amount recommended by the government-commissioned Bellamy review or face a judicial review.’

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Law Society's Gazette, 11th January 2023


Essex mental health deaths review demands legal powers – BBC News

Posted January 13th, 2023 in bereavement, hospitals, inquiries, mental health, news by tracey

‘The government has been asked to decide whether to hold the first national public inquiry into mental health deaths.’

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BBC News, 23rd January 2023