February 2016 – Page 4 – Current Awareness

Illegal counterfactuals: bringing in new claims by the backdoor? – Competition Bulletin from Blackstone Chambers

Posted February 24th, 2016 in banking, competition, damages, illegality, news, utilities by sally

‘It is fairly well-established in competition cases that the hypothetical counterfactual – which, for the purposes of causation, posits what the situation would have been absent any breach of competition law – cannot contain unlawful elements: see e.g. Albion Water Ltd v Dwr Cymru [2013] CAT 6. In a normal case, C will claim damages, arguing – let’s say – that D abused a dominant position by imposing discriminatory prices. D defends the claim on the basis that, absent any abuse, it would have set prices at a certain (high) level. C replies that those prices too would have been discriminatory – i.e. the counterfactual is inappropriate.’

Competition Bulletin from Blackstone Chambers, 24th February 2016

Source: www.competitionbulletin.com

Man guilty of Georgina Edmonds murder after fresh DNA clues – BBC News

Posted February 24th, 2016 in DNA, forensic science, murder, news by sally

‘A man has been found guilty of beating a pensioner to death with a marble rolling pin, four years after being cleared of the same crime.’

BBC News, 23rd February 2016

Source: www.bbc.co.uk

The New Stomping Ground: Validity of Payment Applications – Hardwicke Chambers

Posted February 24th, 2016 in construction industry, contracts, enforcement, news, time limits by sally

‘Since the consequences of failing to serve a valid and timely payment notice or pay less notice can be severe (see ISG Construction Ltd v Seevic College1), it perhaps should come as no surprise that in recent cases, there has been increasing attention on the validity of the application for payment because, without this, there can be no “notified sum” due to the contractor and, therefore, no requirement to serve a payment or pay less notice.’

Hardwicke Chambers, 3rd February 2016

Source: www.hardwicke.co.uk

Part 36 trumps fixed costs, Court of Appeal rules – Litigation Futures

Posted February 24th, 2016 in costs, fees, indemnities, news, part 36 offers by sally

‘A party who beats a part 36 offer in a case where fixed fees apply is eligible for indemnity costs, the Court of Appeal ruled today in the wake of conflicting decisions at circuit judge level.’

Litigation Futures, 23rd February 2016

Source: www.litigationfutures.co.uk

Planning inspector was entitled to accept developer’s housing figures over local plan numbers, High Court rules – OUT-LAW.com

Posted February 24th, 2016 in housing, local government, news, planning by sally

‘The High Court has ruled that a planning inspector was not wrong to find that the housing supply figures in a council’s local plan were out of date and to accept alternative figures put forward by a developer as the basis for calculating the housing supply position for the purposes of a planning appeal.’

OUT-LAW.com, 23rd February 2016

Source: www.out-law.com

London Zoo meerkat expert sees conviction for monkey handler assault quashed – Daily Telegraph

Posted February 24th, 2016 in appeals, assault, news by sally

‘Caroline Westlake had previously been convicted of “recklessly but not intentionally” injuring Kate Sanders at Christmas party.’

Daily Telegraph, 24th February 2016

Source: www.telegraph.co.uk

High Court: contempt of court could form basis of ‘unlawful means’ damages action – OUT-LAW.com

Posted February 24th, 2016 in contempt of court, fraud, freezing injunctions, news, unlawful means conspiracy by sally

‘Failing to comply with a freezing order in contempt of court could be considered “unlawful means” as part of an action for damages for conspiracy to injure by unlawful means, the High Court has ruled.’

OUT-LAW.com, 23rd February 2016

Source: www.out-law.com

Tomas Driukas jailed for shaking baby daughter to death – BBC News

Posted February 24th, 2016 in child abuse, murder, news, sentencing by sally

‘A man who shook his baby daughter to death has been jailed for life after being found guilty of her murder.’

BBC News, 23rd February 2016

source: www.bbc.co.uk

Inside Oakwood prison: the private jail struggling to prove bigger is better – The Guardian

Posted February 24th, 2016 in contracting out, news, prisons by sally

‘The Guardian has been granted unprecedented access to two prisons. In the second of two reports, Amelia Gentleman finds a supersize G4S-run jail grappling with a lack of profit, inexperienced staff and suicidal inmates.’

The Guardian, 23rd February 2016

Source: www.guardian.co.uk

Tenants saved from ‘flood’ of money claims for insured losses – Hardwicke Chambers

Posted February 23rd, 2016 in insurance, landlord & tenant, news by sally

‘The High Court delivered judgment last Friday in Fresca-Judd v Golovina, a test case raising important questions on tenants’ liability for damage to property. Katrina Mather assisted with this case during her twelve month pupillage, and has set out a useful summary of the case, and the issues that flow from it.’

Hardwicke Chambers, 11th February 2016

Source: www.hardwicke.co.uk

Henia v Beck: Time for a Rethink? – Hardwicke Chambers

Posted February 23rd, 2016 in construction industry, consultations, news, notification, remuneration by sally

‘Google the decision in Henia Investments Inc v Beck Interiors Ltd and you will find a raft of articles championing the decision as adding yet further weight to the argument that payment applications submitted by the “payee” must be clear and unambiguous.’

Hardwicke Chambers, 3rd February 2016

Source: www.hardwicke.co.uk

Caledonian Modular Ltd v Mar City Developments Ltd [2015] EWHC 1855 (TCC) – Hardwicke Chambers

Posted February 23rd, 2016 in construction industry, contracts, news, notification, remuneration by sally

‘The TCC determined that an ambiguous set of accounts sent by email were not a valid application for interim payment, with the result that the corresponding payless notice had been issued in time. The case serves as a reminder to contractors that the substantial benefits of the HGCRA payment provisions come with the clear obligation to make the nature and content of any application for interim payment obvious to an employer, or else the courts will likely find such an application to be invalid.’

Hardwicke Chambers, 3rd February 2016

Source: www.hardwicke.co.uk

Leeds City Council v Waco UK Ltd [2015] EWHC 1400 (TCC) – Hardwicke Chambers

Posted February 23rd, 2016 in construction industry, estoppel, local government, news, remuneration, time limits by sally

‘The TCC had to determine whether an interim payment application made 6 days before the specified contractual date was rendered invalid for being too early. The key issue was whether it was possible that consistent failures to adhere to the contractual payment provisions would create an estoppel which would prevent an out of time payment application from being found invalid. Although Edwards-Stuart J found that it was arguable there was an estoppel for applications made a few days after the contractual date, there was no such estoppel for applications made early and so the application was found to be invalid.’

Hardwicke Chambers, 3rd February 2016

Source: www.hardwicke.co.uk

Henia Investments Inc v Beck Interiors Ltd [2015] EWHC 2433 (TCC) (14 August 2015) – Hardwicke Chambers

Posted February 23rd, 2016 in construction industry, contracts, news, notification, remuneration by sally

‘The TCC had to determine whether an interim application for payment made by a contractor was valid where it was ambiguous which payment date the application had been made for. Akenhead J determined that this ambiguity would be construed against the contractor and in favour of the employer, with the result that the contractor could not reap the benefit of his own valuations becoming the sum due without having made absolutely clear to the employer the nature and purpose of each application.’

Hardwicke Chambers, 3rd February 2016

Source: www.hardwicke.co.uk

When is a boundary dispute not a boundary dispute? – Hardwicke Chambers

Posted February 23rd, 2016 in boundaries, land registration, news, tribunals by sally

‘For litigants and property practitioners alike the FFT Property Chamber Land Registration has a number of advantages; not least no tribunal fees and a free mediation service. However the recent case of Murdoch & or v Amesbury & or [2016] UKUT 3 (TCC) is a timely reminder that the tribunal is not simply an alternative for the county court.’

Hardwicke Chambers, 11th February 2016

Source: www.hardwicke.co.uk

On Flooding and Abstraction – Falcon Chambers

Posted February 23rd, 2016 in drafting, interpretation, news, water by sally

‘It is reassuring to know that someone, somewhere, has taken the time and effort to apply precision and ingenuity of parliamentary draftsmanship in order to define, at least for the purposes of the FWMA 2010 if no other, what is meant by a flood (and what is not).’

Falcon Chambers, 26th January 2016

Source: www.falcon-chambers.com

Inside Wandsworth prison: drug drones and demoralised staff – The Guardian

Posted February 23rd, 2016 in aircraft, drug abuse, drug trafficking, news, prison officers, prisons, reports by sally

‘The Guardian has been granted unprecedented access to two prisons to see the impact of funding cuts. In the first of two reports, Amelia Gentleman finds broken windows and bored inmates at the UK’s most overcrowded jail.’

The Guardian, 22nd February 2016

Source: www.guardian.co.uk

Supreme Court gives guidance on the admissibility and use of expert evidence – Cloisters

Posted February 23rd, 2016 in admissibility, appeals, evidence, expert witnesses, health & safety, news, personal injuries, Supreme Court by sally

‘Rachel Barrett discusses Kennedy v Cordia (Services) LLP, in which the Supreme Court has given detailed and practical guidance on the admissibility and use of expert evidence in the course of a judgment concerning the remit of employers’ duties to take care for their employees’ safety at work.’

Cloisters, 10th February 2016

Source: www.cloisters.com

EVENT: LSE – Trans in the Criminal Justice System

Posted February 23rd, 2016 in Forthcoming events by sally

‘The government is re-examining its policy on transgender inmates following the death of two trans women at all-male prisons in the UK. Transphobic hate crime is on the rise. Discriminatory stop & search continues.

LSE invites you to ‘Trans in the Criminal Justice System’, a panel discussion on the challenges faced by trans people and how the criminal justice system should be reformed. Audience participation is strongly encouraged, so please do come prepared to ask questions. ‘

Date: 5th March 2016, 1.15pm

Location: Sheikh Zayed Theatre – LSE New Academic Building. 54 Lincoln’s Inn Fields, London WC2A 3LJ

Charge: Free, registration required

More information can be found here.

CPS inspectors call for ‘culture change’ – Law Society’s Gazette

Posted February 23rd, 2016 in Crown Prosecution Service, defence, delay, magistrates, news, reports by sally

‘CPS lawyers have been criticised for failing to engage effectively with defence practitioners amid efforts to reduce delays in magistrates’ courts.’

Law Society’s Gazette, 22nd February 2016

Source: www.lawgazette.co.uk

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