Successful adjudication enforcement in favour of an insolvent company – Practical Law: Construction Blog

Posted October 6th, 2020 in construction industry, contracts, costs, dispute resolution, enforcement, insurance, news, set-off by sally

‘Hot on the heels of the Supreme Court’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, in what may be the first summary judgment to enforce an adjudicator’s decision in favour of a party in administration, we have successfully represented the claimant in Styles and Wood Ltd (in administration) (S&W) v GE CIF Trustees Ltd.’

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Practical Law: Construction Blog, 1st October 2020

Source: constructionblog.practicallaw.com

Woman jailed after forging court order in bid to obtain medical records of relative subject to Court of Protection proceedings – Local Government Lawyer

Posted October 6th, 2020 in confidentiality, contempt of court, Court of Protection, disclosure, forgery, medical records, news, sentencing by sally

‘A woman has been sentenced to an immediate term of imprisonment of 12 months after a High Court judge found she had forged a purported court order and sent it to an NHS trust with the intention of obtaining the medical confidential records of a relative, despite the court refusing to direct this.’

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Local Government Lawyer, 5th October 2020

Source: www.localgovernmentlawyer.co.uk

Council hit with costs order after Court of Protection judge finds it failed autistic 18 year old – Local Government Lawyer

Posted October 6th, 2020 in autism, care orders, costs, Court of Protection, local government, news by sally

‘A Court of Protection judge has ordered Shropshire Council to pay the costs of the Official Solicitor and a father after finding that the local authority had failed an 18 year old man (ND) with a diagnosis of autism spectrum disorder.’

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Local Government Lawyer, 6th October 2020

Source: www.localgovernmentlawyer.co.uk

Insurers’ decision to appeal Covid insurance test case “disgraceful” – Litigation Futures

Posted October 6th, 2020 in coronavirus, financial regulation, insurance, law firms, news by sally

‘A law firm at the forefront of the business interruption insurance test case has described insurers’ decision to appeal the High Court ruling as “disgraceful”.’

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Litigation Futures, 5th October 2020

Source: www.litigationfutures.com

Recent Statutory Instruments – legislation.gov.uk

Posted October 6th, 2020 in legislation by sally

The Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) (England and Wales) Order 2020

The Prison and Young Offender Institution (Coronavirus, etc.) (Amendment) (No. 3) Rules 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 6th, 2020 in law reports by sally

High Court (Chancery Division)

Terracorp Ltd v Rajesh Mistry & Ors [2020] EWHC 2623 (Ch) (06 October 2020)

High Court (Commercial Court)

YS GM Marfin II LLC & Ors v Lakhani & Ors [2020] EWHC 2629 (Comm) (05 October 2020)

High Court (Queen’s Bench Division)

Chell v Tarmac Cement And Lime Ltd [2020] EWHC 2613 (QB) (05 October 2020)

Source: www.bailii.org

G-A-Y nightclub owner launches legal action against government over 10pm curfew – The Independent

Posted October 6th, 2020 in clubs, coronavirus, health & safety, judicial review, news, regulations by sally

‘”Enough is enough” says Jeremy Joseph as he launches judicial review into policy that threatens future of pubs, clubs and restaurants.’

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The Independent, 5th October 2020

Source: www.independent.co.uk

Doctor fined £4,000 for carrying out unlicensed circumcision – The Independent

Posted October 6th, 2020 in children, doctors, fines, licensing, medical treatment, news, penalties by sally

‘A doctor has been fined £4,000 after carrying out an unlicensed circumcision.’

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The Independent, 5th October 2020

Source: www.independent.co.uk

UK court overturns ruling on $1.8bn of Venezuelan gold – The Guardian

Posted October 6th, 2020 in appeals, banking, coronavirus, elections, foreign jurisdictions, international relations, ministers' powers and duties, news by sally

‘A battle for the control of more than $1.8bn worth of Venezuelan gold stored at the Bank of England has swung in favour of the government of Nicolás Maduro after an appeals court in London overturned an earlier high court ruling concerning whom the UK recognised as Venezuela’s president.’

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The Guardian, 5th October 2020

Source: www.theguardian.com

Youth jail plans therapy rather than steel doors – BBC News

Posted October 6th, 2020 in education, news, prisons, recidivists, rehabilitation, reports, young offenders by sally

‘”Once you’re caught in the grip of the system you are doomed,” says the founder of a radically different approach to jailing young offenders. Steve Chalke aims to stop a revolving door of criminality that at present sees 69% of young prisoners reoffending within a year of release.’

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BBC News, 6th Ocotber 2020

Source: www.bbc.co.uk

‘I have nothing’: Roma people left without support and at risk of exploitation due to digital-only status – The Independent

Posted October 6th, 2020 in benefits, brexit, citizenship, EC law, immigration, news by sally

‘People from Britain’s Roma community are being left unable to access vital support and are exposed to exploitation due to the government’s new digital-only status for EU citizens, research reveals.’

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The Independent, 5th October 2020

Source: www.independent.co.uk

Back bill to ban marriage for under-18 in England and Wales, MPs urged – The Guardian

Posted October 6th, 2020 in bills, children, civil partnerships, consent, forced marriages, marriage, news by sally

‘The UK is undermining its international efforts to end child marriage because an exception to the law in England and Wales that allows 16 and 17-year-olds to marry with parental consent is putting children at risk, parliament will be told today.’

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The Guardian, 6th October 2020

Source: www.theguardian.com

‘He cannot cope’: More than 100,000 people call for deportation of severely autistic man to be halted – The Independent

Posted October 6th, 2020 in autism, deportation, Jamaica, learning difficulties, news by sally

‘Brown, 21, is a severely autistic Jamaican-born UK resident who is currently in prison a two-and-a-half-hour drive from his mother’s home in Dudley. He is nearing the end of a five-year prison sentence, and faces removal to a country he hasn’t set foot in since he came to the UK aged four.’

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The Independent, 5th October 2020

Source: www.independent.co.uk

For this relief, much thanks – Nearly Legal

Posted October 5th, 2020 in appeals, debts, delay, forfeiture, landlord & tenant, leases, news, rent by sally

‘Keshwala & Anor v Bhalsod & Anor (2020) EWHC 2372 (QB). An appeal from a Circuit Judge’s decision refusing relief from forfeiture, focussing on the issue of delay in making the application for relief. This was a commercial lease, though with living accommodation above. Mr Keshwala had taken a 20 year lease of the property in 2008. In 2015, the current freeholder had bought the freehold. Also in 2015, the rent first fell into arrears. The freeholder forfeited by re-entry and Mr K obtained relief from forfeiture on payment of arrears and costs.’

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Nearly Legal, 4th October 2020

Source: nearlylegal.co.uk

Government paying junior barristers less than national minimum wage – The Bar Council

Posted October 5th, 2020 in barristers, budgets, coronavirus, courts, criminal justice, delay, Ministry of Justice, news, remuneration by sally

‘Some barristers are being paid the equivalent of £6.25 per hour by the government, less than the National Minimum Wage, despite their central role in clearing the 500,000-plus backlog of cases in the criminal courts, says the Bar Council in its Spending Review submission to the Treasury.’

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The Bar Council, 1st October 2020

Source: www.barcouncil.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 5th, 2020 in legislation by sally

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 17) Regulations 2020

The NHS Counter Fraud Authority (Establishment, Constitution, and Staff and Other Transfer Provisions) (Amendment) Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 5th, 2020 in law reports by sally

Court of Appeal (Civil Division)

“Maduro Board” of the Central Bank of Venezuela v “Guaid Board” of the Central Bank of Venezuela [2020] EWCA Civ 1249 (05 October 2020)

Lochailort Investments Ltd, R (On the Application Of) v Mendip District Council [2020] EWCA Civ 1259 (02 October 2020)

Mirchandani v The Lord Chancellor [2020] EWCA Civ 1260 (02 October 2020)

High Court (Administrative Court)

Thornton v Oil and Gas Authority [2020] EWHC 2615 (Admin) (05 October 2020)

London Historic Parks And Gardens Trust v Secretary of State for Housing Communities And Local Government [2020] EWHC 2580 (Admin) (02 October 2020)

High Court (Chancery Division)

The Financial Reporting Council Ltd v Frasers Group Plc [2020] EWHC 2607 (Ch) (05 October 2020)

Bilta (UK) Ltd (In Liquidation) & Ors v Natwest Markets PLC & Anor [2020] EWHC 2598 (Ch) (02 October 2020)

Byers & Ors v Samba Financial Group [2020] EWHC 2591 (Ch) (02 October 2020)

Kea Investments Ltd v Watson & Ors [2020] EWHC 2599 (Ch) (02 October 2020)

High Court (Queen’s Bench Division)

North of England Coachworks Ltd v Khan [2020] EWHC 2596 (QB) (02 October 2020)

Source: www.bailii.org

Vos: ‘lawyers face steep learning curve on tech’ – Law Society’s Gazette

Posted October 5th, 2020 in barristers, computer programs, coronavirus, cryptocurrencies, data protection, electronic commerce, electronic filing, judges, legal profession, news, solicitors by sally

‘All lawyers will need to become familiar with the concepts and workings of distributed ledger technology, smart legal contracts and cryptoassets, according to the next master of the rolls. In a foreword to a landmark report on the regulation of blockchain technology, Sir Geoffrey Vos says that the pandemic “has only emphasised our need to understand the ways in which technology is affecting our professional lives. Lawyers face a steep learning curve.” ’

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Law Society's Gazette, 5th October 2020

Source: www.lawgazette.co.uk

Lord Sumption: justice faces digital trade-off – Law Society’s Gazette

Posted October 5th, 2020 in civil justice, coronavirus, costs, courts, criminal justice, cross-examination, judges, news, oral hearings, remote hearings, trials, witnesses by sally

‘The court system faces a trade-off between the quality of justice and the cost of delivering it, former Supreme Court justice Lord Sumption has said in a biting assessment of virtual hearings. Speaking at the Commercial Litigators’ Forum, Lord Sumption (Jonathan Sumption QC) said if quality of justice was the only concern “we would go back to ordinary oral hearings.” ‘

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Law Society's Gazette, 5th October 2020

Source: www.lawgazette.co.uk

Four convicted after investigation into homophobic behaviour at West Ham vs Brighton game – The Independent

Posted October 5th, 2020 in fines, homosexuality, news, public order, sexual orientation discrimination, sport by sally

‘West Ham said they have a “zero-tolerance approach” to any kind of discrimination after four men were convicted of public order offences following an investigation into homophobic behaviour at a Premier League game.’

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The Independent, 4th October 2020

Source: www.independent.co.uk