19/10/2017 – Current Awareness

Ignore the procurement dispute timetable at your peril – Practical Law: Construction Blog

Posted October 19th, 2017 in civil procedure rules, construction industry, disclosure, news, public procurement, time limits by tracey

‘The parties to procurement challenges are required to act quickly and in accordance with a strict timetable. When a losing bidder issues a claim, it must serve the claim form on the defendant within seven days after the date of issue. Pursuant to CPR 7.4(2), the particulars of claim are to be served no later than the latest time for serving the claim form. That is, they must also be served within seven days after the date of issue.’

Practical Law: Construction Blog, 18th October 2017

Source: constructionblog.practicallaw.com

BAILII: Recent Decisions

Posted October 19th, 2017 in law reports by tracey

Supreme Court

Armes v Nottinghamshire County Council [2017] UKSC 60 (18 October 2017)

Reyes v Al-Malki & Anor [2017] UKSC 61 (18 October 2017)

Loughlin, Re Application for Judicial Review (Northern Ireland) [2017] UKSC 63 (18 October 2017)

Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs [2017] UKSC 62 (18 October 2017)

Court of Appeal (Civil Division)

B (A Child), Re [2017] EWCA Civ 1579 (18 October 2017)

Koza Ltd & Anor v Akcil & Ors [2017] EWCA Civ 1609 (18 October 2017)

PJSC Tatneft v Bogolyubov & Ors [2017] EWCA Civ 1581 (18 October 2017)

Doka v London Borough of Southwark [2017] EWCA Civ 1532 (17 October 2017)

R v R & Anor [2017] EWCA Civ 1588 (17 October 2017)

Routier & Anor v Revenue And Customs [2017] EWCA Civ 1584 (17 October 2017)

Court of Appeal (Criminal Division)

D Ltd v A & Ors [2017] EWCA Crim 1604 (18 October 2017)

High Court (Administrative Court)

Liban v Secretary of State for the Home Department [2017] EWHC 2551 (Admin) (18 October 2017)

Seabrook Warehousing Ltd, R (On the Application Of) v Revenue And Customs [2017] EWHC 2583 (Admin) (13 October 2017)

High Court (Queen’s Bench Division)

Parker Lloyd Capital Ltd v Edwardian Group Ltd [2017] EWHC 2421 (QB) (16 October 2017)

Huda v Wells & Ors [2017] EWHC 2553 (QB) (16 October 2017)

High Court (Technology and Construction Court)

Riva Properties Ltd & Ors v Foster + Partners Ltd [2017] EWHC 2574 (TCC) (18 October 2017)

Source: www.bailii.org

Expert Evidence: use, abuse and boundaries, Lord Hodge – Supreme Court

Posted October 19th, 2017 in expert witnesses, judges, speeches by tracey

‘Middle Temple Guest Lecture Expert Evidence: use, abuse and boundaries, Lord Hodge, Justice of The Supreme Court 9 October 2017.’

Supreme Court, 12th October 2017

Source: www.supremecourt.uk

Councils face rise in claims after Supreme Court rules on foster abuse liability – Local Government Lawyer

Posted October 19th, 2017 in appeals, fostering, local government, news, Supreme Court, vicarious liability by tracey

‘Local authorities face a significant increase in claims after a majority of the Supreme Court ruled that councils can be held vicariously liable for wrongful actions of foster parents to a child in foster care.’

Local Government Lawyer, 18th October 2017

Source: localgovernmentlawyer.co.uk

“ADR is failing” says Civil Justice Council but compulsion is not yet the answer – Litigation Futures

Posted October 19th, 2017 in arbitration, Civil Justice Council, dispute resolution, negligence, news, reports by tracey

‘The Woolf reforms have failed to embed alternative dispute resolution (ADR), a major report by the Civil Justice Council (CJC) said today, but it stopped short of calling for the introduction of compulsory ADR.’

Litigation Futures, 17th October 2017

Source: www.litigationfutures.com

Struck-off solicitor wins right to sue for loans made before intervention – Legal Futures

Posted October 19th, 2017 in disqualification, law firms, loans, news, solicitors by tracey

‘A sole practitioner who was struck off six years ago has won the right to sue for loans he made before his East London firm was closed by the Solicitors Regulation Authority (SRA).’

Legal Futures, 19th October 2017

Source: www.legalfutures.co.uk

Consultation launched on laws around antique firearms – Home Office

Posted October 19th, 2017 in consultations, firearms, press releases by tracey

‘Public invited to give their views as new figures show the number of antique weapons recovered in criminal circumstances doubled between 2012 and 2016.’

Full press release

Home Office, 19th October 2017

Source: www.gov.uk/home-office

Is it too late to change your mind if you decided against applying for a parental order when your child was born? – Family Law

Posted October 19th, 2017 in news, parental responsibility, parental rights, surrogacy, time limits by tracey

‘In the case of Re B (Foreign Surrogacy) [2016] EWFC 77, High Court judge Mrs Justice Theis made a parental order in respect of a child born following a surrogacy arrangement in India in 2010 – six years after the usual six month deadline, and notwithstanding that the parents had previously decided against applying.’

Family Law, 18th October 2017

Source: www.familylaw.co.uk

Child killer gets longer life sentence – Attorney General’s Office

Posted October 19th, 2017 in appeals, murder, press releases, sentencing by tracey

‘Marvyn Iheanacho who killed a 5 year old boy has had his sentence increased by 3 years after representation at the Court of Appeal by the Solicitor General.’

Full press release

Attorney General’s Office, 17th October 2017

Source: www.gov.uk/ago

Appeal court throws out libel claim over CPS press release – Law Society’s Gazette

Posted October 19th, 2017 in appeals, Crown Prosecution Service, defamation, indecent photographs of children, legal language, news by tracey

‘Lay readers understand the special meaning of words used by lawyers, the Court of Appeal has said, dismissing a libel claim over a Crown Prosecution Service press release.’

Law Society's Gazette, 18th October 2017

Source: www.lawgazette.co.uk

Known Sperm Donor and Co-parenting Arrangements – a cautionary tale – Family Law Week

Posted October 19th, 2017 in agreements, assisted reproduction, children, families, news, parental rights by tracey

‘Rose-Marie Drury, Senior Associate with Mills & Reeve LLP, considers the legal issues for parties involved in such arrangements.’

Family Law Week, 18th October 2017

Source: www.familylawweek.co.uk

Disgraceful conditions at Bedford prison fuelled riot, watchdog finds – The Guardian

Posted October 19th, 2017 in news, prisons, release on licence, reports, sentencing, violent disorder by tracey

‘A riot at Bedford prison that led to two wings being “totally trashed” was fuelled by frustration over “disgraceful conditions” including a failure to provide basic items such as soap, cleaning materials and toilet paper, an official watchdog has concluded.’

The Guardian, 18th October 2017

Source: www.theguardian.com

Purplebricks ‘surprised’ at new ASA ruling for misleading advert – Daily Telegraph

Posted October 19th, 2017 in advertising, complaints, estate agents, fees, misrepresentation, news by tracey

‘Online estate agent Purplebricks has said it is “surprised” the Advertising Standards Authority upheld a complaint against it for misleading viewers over its fee structure.’

Daily Telegraph, 18th October 2017

Source: www.telegraph.co.uk

Dragons’ Den-backed fake tan misled users, watchdog rules – BBC News

Posted October 19th, 2017 in advertising, media, misrepresentation, news by tracey

‘A self-tanning product launched with the help of investment from the Dragons’ Den panel has been found to mislead customers. The Advertising Standards Authority (ASA) found claims by Skinny Tan that its product could “tone” or give “less visible cellulite” could not be proven. Claims that the product was 100% natural were also found to be misleading.’

BbC News, 18th October 2017

Source: www.bbc.co.uk

Health minister rejects calls for inquiry into vaginal mesh implants – The Guardian

Posted October 19th, 2017 in health, medical treatment, news, parliament, women by tracey

‘Jackie Doyle-Price announces publication of new guidance but dismisses Labour demands to go further.’

The Guardian, 18th October 2017

Source: www.theguardian.com

Man raped 13-year-old schoolgirl after persuading her to go back to his flat – The Independent

Posted October 19th, 2017 in news, rape, sentencing by tracey

‘A “dangerous sexual predator” who raped a schoolgirl after persuading her to go back to his flat has been given an eight-year prison sentence.’

The Independent, 18th October 2017

Source: www.independent.co.uk

Judge sues over lack of whistleblowing protection – The Guardian

Posted October 19th, 2017 in appeals, employment, human rights, judges, news, whistleblowers by tracey

‘A judge who has spoken out over the impact of austerity on the justice system has taken a test whistleblowing case to the appeal court.’

The Guardian, 18th October 2017

Source: www.theguardian.com

Mastermind of Heathrow ‘Thomas Crown Affair’ £7m heist jailed – Daily Telegraph

Posted October 19th, 2017 in burglary, conspiracy, money laundering, news, sentencing, theft by tracey

‘The mastermind behind a £7 million heist reminiscent of the Thomas Crown Affair had criminal friends burgle an elderly lady’s £1 million home to drive down the price, a court has heard. Rafaqat Hussain, 41, was said to be “at the heart of the conspiracy” which saw two Loomis van drivers steal cash belonging to Credit Suisse from inside a British Airways cargo depot at Heathrow airport.’

Daily Telegraph, 19th October 2017

Source: www.telegraph.co.uk

Lesbian couple kicked and stamped on repeatedly in ‘disgusting’ homophobic attack – The Independent

Posted October 19th, 2017 in assault, hate crime, homosexuality, news, sentencing by tracey

‘A man who stamped on the heads of two women in a vicious homophobic street attack has been jailed.’

The Independent, 18th October 2017

Source: www.independent.co.uk

Black or Muslim inmates twice as likely to have negative experiences in prison, report finds – The Independent

Posted October 19th, 2017 in equality, news, prisons, race discrimination, racism, reports by tracey

‘Black and Muslim prisoners are twice as likely to have negative experiences in jail than white inmates – with the figure nearly four times as high for black Muslims – new research has revealed.’

The Independent, 19th October 2017

Source: www.independent.co.uk

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