C Spencer Limited v M W High Tech Projects UK Limited [2020] EWCA Civ 331 – The relationship between hybrid contracts and valid payment notices – Hardwicke Chambers

Posted March 31st, 2020 in appeals, building law, chambers articles, construction industry, contracts, news by sally

‘The Housing Grants, Construction and Regeneration Act 1996 created hybrid contracts, and with that, complications as to the relationship between these contracts and the Act. In the significant case of C Spencer Limited v M W High Tech Projects UK Limited [2020] EWCA Civ 331, Lord Coulson clarifies whether a valid payment notice ought to separately identify the sum due in respect of construction operations.’

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Hardwicke Chambers, 26th March 2020

Source: hardwicke.co.uk

Secretary of State defeats challenge to refusal of permission for building described by inspector as “quite brilliant” – Local Government Lawyer

Posted March 31st, 2020 in appeals, government departments, local government, news, planning by sally

‘The High Court has rejected an appeal by a developer over a building described by a planning inspector as “a brilliant response to its context”.’

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Local Government Lawyer, 27th March 2020

Source: www.localgovernmentlawyer.co.uk

The relevance of pre-contract information – Law Society’s Gazette

Posted March 31st, 2020 in asbestos, building law, construction industry, contracts, news by sally

‘In PBS Energo v Bester Generacion [2020] EWHC 223 (TCC), the Technology and Construction Court concluded that asbestos contamination, encountered on a biomass energy plant construction project, had been foreseeable in light of the pre-contract information provided to the subcontractor. The effect of this was that the subcontractor had not been entitled to an extension of time.’

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Law Society's Gazette, 30th March 2020

Source: www.lawgazette.co.uk

Setting Aside Default Judgment – How Prompt Do You Need to Be? – Becket Chambers

Posted March 31st, 2020 in chambers articles, civil procedure rules, default judgments, delay, news, setting aside by sally

‘The rules regarding applications to set aside default judgment are contained within CPR 13.3 and the court may set aside judgment if:

(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.’

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Becket Chambers, 25th March 2020

Source: becket-chambers.co.uk

Coronavirus and Public Civil Hearings – Blackstone Chambers

Posted March 31st, 2020 in chambers articles, civil justice, coronavirus, news by sally

‘This piece, by Thomas de la Mare QC, considers how open civil justice, and in particular public hearings, will work in the coronavirus era.’

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Blackstone Chambers, 30th March 2020

Source: www.blackstonechambers.com

Serial attacker jailed for London sexual assault while on licence – The Guardian

Posted March 31st, 2020 in imprisonment, news, rape, sentencing, sexual offences by sally

‘A serial sexual predator has been jailed for eight years for stalking and sexually assaulting a woman while on licence.’

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The Guardian, 30th March 2020

Source: www.theguardian.com

Tashaun Aird death: Three teens jailed over stab death – BBC News

Posted March 31st, 2020 in gangs, imprisonment, murder, news, sentencing, wounding, young offenders by sally

‘Three teenagers who stabbed a 15-year-old boy to death with a samurai sword and a zombie knife in an east London park have been jailed.’

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BBC News, 30th March 2020

Source: www.bbc.co.uk

Head of legal nets fresh employment hearing after tribunal member found to be asleep – Local Government Lawyer

Posted March 31st, 2020 in constructive dismissal, employment, employment tribunals, local government, news by sally

‘A council head of legal secured a fresh Employment Tribunal hearing because a member of the original tribunal was asleep for part of the proceedings, it has emerged.’

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Local Government Lawyer, 30th March 2020

Source: www.localgovernmentlawyer.co.uk

Relaxation of UK abortion rules welcomed by experts – The Guardian

Posted March 31st, 2020 in abortion, coronavirus, government departments, news, women by sally

‘Leading UK healthcare providers have welcomed the government’s decision to allow women to take abortion pills at home without travelling to a clinic.’

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The Guardian, 30th March 2020

Source: www.theguardian.com

Budget rejection lays bare Legal Ombudsman crisis – Legal Futures

Posted March 31st, 2020 in budgets, legal services, Legal Services Board, news, ombudsmen, standards by sally

‘The Legal Ombudsman (LeO) has hit crisis point again after it was forced to backtrack on its request for a 20% budget rise, with the Legal Services Board (LSB) describing its performance as unacceptable.’

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Legal Futures, 31st March 2020

Source: www.legalfutures.co.uk

Furlough and lay-off against the background of Covid-19 / Coronavirus – 4 New Square

Posted March 31st, 2020 in chambers articles, contract of employment, coronavirus, employment, news, redundancy, remuneration by sally

‘A new term has entered the employment lexicon: furloughing. What does it mean and how does it relate to the longer established concept of laying-off? Are employers better placed to take advantage of the government’s scheme for paying furloughed employees or to consider laying off their staff or making them redundant?’

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4 New Square, 25th March 2020

Source: www.4newsquare.com

Criminal Powers in response to Covid-19 – stay indoors instructions – 5SAH

Posted March 31st, 2020 in chambers articles, coronavirus, criminal justice, emergency powers, enforcement, fines, freedom of movement, health, news, police by sally

‘On 23 March 2020, the Prime Minister instructed everyone to remain in their homes in order to limit the spread of COVID-19. The overwhelming majority of individuals and businesses have taken steps to comply with that instruction. However, concerns remained about the large number of people continuing to use London Underground, groups of people congregating in public places and a small number of people steadfastly refusing to comply. From the off, law enforcement officials were asking to be furnished with powers to enforce compliance.’

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5SAH, 30th March 2020

Source: www.5sah.co.uk

The impact of Coronavirus, part 1: trial by jury during a pandemic – 6KBW College Hill

Posted March 31st, 2020 in chambers articles, coronavirus, courts, criminal justice, health, health & safety, juries, news, trials by sally

‘Covid 19: the current situation is so fast moving that anything written will almost inevitably be out of date by the time it is typed. However, following the effective “lock down” from 8.30pm on 23 March 2020 it may be that there are fewer further changes until restrictions can be eased, and it is useful to reflect on the effect so far.’

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6KBW College Hill, 30th March 2020

Source: blog.6kbw.com

Divisional Court to consider application for suspension of ‘no recourse to public funds’ policy – Local Government Lawyer

Posted March 31st, 2020 in benefits, contract of employment, coronavirus, employment, equality, government departments, health, law firms, news, sick leave by sally

‘The Divisional Court will this week (3 April) consider whether to suspend the Home Office’s ‘no recourse to public funds’ (NRPF) policy.’

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Local Government Lawyer, 30th March 2020

Source: www.localgovernmentlawyer.co.uk

UK police warned against ‘overreach’ in use of virus lockdown powers – The Guardian

Posted March 31st, 2020 in codes of practice, coronavirus, emergency powers, enforcement, fines, freedom of movement, news, police by sally

‘Police chiefs are drawing up new guidance warning forces not to overreach their lockdown enforcement powers after withering criticism of controversial tactics to stop the spread of coronavirus, the Guardian has learned.’

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The Guardian, 30th March 2020

Source: www.theguardian.com

Network of priority courts launched for essential face-to-face hearings – Local Government Lawyer

Posted March 31st, 2020 in coronavirus, courts, health, health & safety, live link evidence, news, tribunals by sally

‘The Ministry of Justice, HM Courts and Tribunals Service and the judiciary have created a network of 157 priority courts and tribunal buildings that will remain open for essential face-to-face hearings during the coronavirus pandemic to make sure the justice system continues to operate effectively.’

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Local Government Lawyer, 30th March 2020

Source: www.localgovernmentlawyer.co.uk

Coronavirus: Court fine for Tesco queue rule breaker – BBC News

Posted March 31st, 2020 in coronavirus, emergency powers, fines, health, health & safety, news by sally

‘A man has pleaded guilty to breaching coronavirus social distancing rules by repeatedly approaching people in a supermarket queue.’

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BBC News, 30th March 2020

Source: www.bbc.co.uk

Met to face judicial review over role of school police officers – The Guardian

Posted March 31st, 2020 in autism, children, equality, families, judicial review, news, police, race discrimination, school children by sally

‘A London family has launched legal action over the role of police officers in schools, amid concerns that their presence could have disproportionately negative consequences for black and minority ethnic groups.’

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The Guardian, 30th March 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 30th, 2020 in legislation by sally

The Legal Services Act 2007 (Chartered Institute of Legal Executives) (Appeals from Licensing Authority Decisions) Order 2020, SI 2020/301

The First-tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) Order 2020, SI 2020/314

The Criminal Justice Act 2003 (Surcharge) (Amendment) Order 2020, SI 2020/310

The Turkey (Sanctions) (Unauthorised Drilling Activities in the Eastern Mediterranean) (Overseas Territories) Order 2020, SI 2020/283

The Somalia (Sanctions) (Overseas Territories) (Amendment) Order 2020, SI 2020/282

The Cyber (Sanctions) (Overseas Territories) Order 2020, SI 2020/281

The Nicaragua (Sanctions) (Overseas Territories) Order 2020, SI 2020/279

The Social Security Benefits Up-rating Order 2020, SI 2020/234

The European Union (Withdrawal Agreement) Act 2020 (Commencement No. 2) Regulations 2020, SI 2020/317

The Damages for Bereavement (Variation of Sum) (England and Wales) Order 2020, SI 2020/316

The UK Property Rich Collective Investment Vehicles (Amendment of the Taxation of Chargeable Gains Act 1992) Regulations 2020, SI 2020/315

The Gambling Act 2005 (Variation of Monetary Limits) Order 2020, SI 2020/307

The Guaranteed Minimum Pensions Increase Order 2020, SI 2020/235

The Single Use Carrier Bags Charges (England) (Amendment) Order 2020, SI 2020/324

The Financial Services and Markets Act 2000 (Exemption) (Amendment) Order 2020, SI 2020/322

The Higher Education and Research Act 2017 (Commencement Order No. 6) Regulations 2020, SI 2020/321

The Social Security (Contributions) (Amendment No. 3) Regulations 2020, SI 2020/320

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, SI 2020/312

The Legal Services Act 2007 (Approved Regulator) Order 2020, SI 2020/271

The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020, SI 2020/327

The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2020, SI 2020/330

The International Accounting Standards, Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2020, SI 2020/335

The Capital Gains Tax (Annual Exempt Amount) Order 2020, SI 2020/333

The Taxes (Amendments) (EU Exit) Regulations 2020, SI 2020/332

The Abortion (Northern Ireland) Regulations 2020, SI 2020/345

The Civil Liability (Information Requirements) and Risk Transformation (Amendment) Regulations 2020, SI 2020/344

The Income Tax (Indexation) Order 2020, SI 2020/343

The Finance Act 2004 (Standard Lifetime Allowance) Regulations 2020, SI 2020/342

The Client Money Protection Schemes for Property Agents (Approval and Designation of Schemes) (Amendment) Regulations 2020, SI 2020/331

The Dogger Bank Creyke Beck Offshore Wind Farm (Amendment) Order 2020, SI 2020/329

The Investigatory Powers (Temporary Judicial Commissioners and Modification of Time Limits) Regulations 2020, SI 2020/360

The Police Act 1997 (Criminal Records) (Amendment) Regulations 2020, SI 2020/359

The National Health Service (Amendments Relating to the Provision of Primary Care Services During a Pandemic etc.) Regulations 2020, SI 2020/351

The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, SI 2020/350

The Street and Road Works (Amendments Relating to Electronic Communications) (England) (Amendment) Regulations 2020, SI 2020/346

The National Minimum Wage (Amendment) (No. 2) Regulations 2020, SI 2020/339

The National Minimum Wage (Amendment) Regulations 2020, SI 2020/338

The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations 2020, SI 2020/374

The Social Security (Coronavirus) (Further Measures) Regulations 2020, SI 2020/371

The Competition Act 1998 (Solent Maritime Crossings) (Coronavirus) (Public Policy Exclusion) Order 2020, SI 2020/370

The Competition Act 1998 (Groceries) (Coronavirus) (Public Policy Exclusion) Order 2020, SI 2020/369

The Competition Act 1998 (Health Services for Patients in England) (Coronavirus) (Public Policy Exclusion) Order 2020, SI 2020/368

The Working Time (Coronavirus) (Amendment) Regulations 2020, SI 2020/365

The Coronavirus Act 2020 (Commencement No. 1) Regulations 2020, SI 2020/361

The Protection of Freedoms Act 2012 (Transitory Provision) Order 2020, SI 2020/358

The Serious Organised Crime and Police Act 2005 (Commencement No. 16) Order 2020, SI 2020/357

The Occupational and Personal Pension Schemes (General Levy) (Revocation) Regulations 2020, SI 2020/355

The Income Tax (Pay As You Earn) (Amendment No. 2) Regulations 2020, SI 2020/373

The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020, SI 2020/354

The Buckinghamshire (Structural Changes) (Supplementary Provision and Amendment) Order 2020, SI 2020/348

Source: www.legislation.gov.uk

Court of Appeal rules for council in case on eviction for rent arrears against backdrop of domestic violence – Local Government Lawyer

Posted March 30th, 2020 in appeals, domestic violence, homelessness, housing, landlord & tenant, local government, news, repossession, victims by sally

‘The Court of Appeal has dismissed an appeal over whether it was not reasonable for the appellant to stay in a property from which she was evicted for rent arrears given that there was evidence she had been subjected to domestic violence.’

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Local Government Lawyer, 26th March 2020

Source: www.localgovernmentlawyer.co.uk