Court of Appeal confirms meaning of section 111 of Construction Act 1996 – Practical Law: Construction Blog

Posted November 3rd, 2017 in construction industry, contracts, news by tracey

‘In Adam Architecture Ltd v Halsbury Homes Ltd [2017] EWCA Civ 1735, the Court of Appeal has confirmed that section 111 of the Construction Act 1996 (and the requirement to serve pay less notices) applies to payments due following completion or termination of a contract, as well as interim payments.’

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Practical Law: Construction Blog, 2nd November 2017

Source: constructionblog.practicallaw.com

Healthcare provider fined over internal occupational health service failures – OUT-LAW.com

Posted November 3rd, 2017 in fines, hazardous substances, health & safety, hospitals, news by tracey

‘A Bedford-based private healthcare provider has been fined after it failed to act on concerns raised about the running of its internal occupational health service.’

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OUT-LAW.com, 2nd November 2017

Source: www.out-law.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 3rd, 2017 in legislation by tracey

The Communications Act 2003 (Commencement No. 5) Order 2017

The National Health Service (Primary Dental Services and General Ophthalmic Services) (Amendment) Regulations 2017

The Technical and Further Education Act 2017 (Commencement No. 2 and Transitional Provision) Regulations 2017

The Electricity Capacity (Amendment) Regulations 2017

The Electricity Supplier Obligations (Amendment and Excluded Electricity) (Amendment) Regulations 2017

The Environmental Offences (Fixed Penalties) (England) Regulations 2017

The General Medical Council (Miscellaneous Amendments) Order of Council 2017

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 3rd, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Glencore Energy UK Ltd, R (On the Application Of) v Revenue And Customs [2017] EWCA Civ 1716 (02 November 2017)

Cheema v Jones & Ors [2017] EWCA Civ 1706 (02 November 2017)

Adam Architecture Ltd v Halsbury Homes Ltd [2017] EWCA Civ 1735 (02 November 2017)

Sino Channel Asia Ltd v Dana Shipping & Trading PTE Singapore & Anor [2017] EWCA Civ 1703 (02 November 2017)

High Court (Administrative Court)

Zarmaev v The Government of the Russian Federation [2017] EWHC 2705 (Admin) (02 November 2017)

Help Refugees Ltd, R (on the application of) v The Secretary of State for the Home Department & Anor [2017] EWHC 2727 (Admin) (02 November 2017)

High Court (Chancery Division)

Knightsbridge Property Development Corporation (UK) Ltd v South Chelsea Properties Ltd & Anor [2017] EWHC 2730 (Ch) (02 November 2017)

Christodoulides v Marcou [2017] EWHC 2691 (Ch) (01 November 2017)

High Court (Family Division)

ES v OS [2017] EWHC 2735 (Fam) (31 October 2017)

Source: www.bailii.org

High Court judge rejects appeal by council over dismissal of possession claim – Local Government Lawyer

Posted November 3rd, 2017 in appeals, news, repossession by tracey

‘An appeal by the London Borough of Southwark in a possession case has been dismissed as being based on a disagreement about the facts found by the original judge.’

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Local Government Lawyer, 1st November 2017

Source: localgovernmentlawyer.co.uk

Council loses appeal over after-care services and personal injury damages – Local Government Lawyer

Posted November 3rd, 2017 in appeals, community care, local government, mental health, news by tracey

‘Manchester City Council has lost an appeal over whether a person who has been compulsorily detained in a hospital for mental disorder under the Mental Health Act 1983 and has then been released from detention but still requires “after-care services” is entitled to require his local authority to provide such services at any time before he has exhausted the sums received in damages from his personal injury claim.’

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Local Government Lawyer, 3rd November 2017

Source: localgovernmentlawyer.co.uk

First Courts & Tribunals Service Centres launched – Ministry of Justice

Posted November 3rd, 2017 in courts, electronic filing, press releases by tracey

‘The country’s first Courts & Tribunals Service Centres will be launched in Birmingham and Stoke-on-Trent.’

Full press release

Ministry of Justice, 2nd November 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

Secretary of State’s oral statement on sentencing – Ministry of Justice

Posted November 3rd, 2017 in elections, imprisonment, parliament, press releases, sentencing by tracey

‘Rt Hon David Lidington MP, the Lord Chancellor and Secretary of State for Justice, has today delivered an Oral Statement to the House of Commons.’

Full press statement

Ministry of Justice, 2nd November 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

Judiciary signals major culture and rule change to control disclosure – Litigation Futures

Posted November 3rd, 2017 in civil procedure rules, disclosure, news, pilot schemes by tracey

‘A “wholesale cultural change” in the approach to disclosure in the Business and Property Courts is needed, a judiciary-led working group has said, which will be brought about by a completely new rule and guidelines applying to the majority of cases.’

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Litigation Futures, 2nd November 2017

Source: www.litigationfutures.com

Court allows defendant to ditch settlement reached three days before discount rate change – Litigation Futures

‘The High Court has upheld the right of a defendant in a personal injury claim to resile from a settlement agreement made three days before the discount rate was cut earlier this year.’

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Litigation Futures, 3rd November 2017

Source: www.litigationfutures.com

Technology will put one in five legal jobs at risk, Law Society predicts – Legal Futures

Posted November 3rd, 2017 in artificial intelligence, law firms, legal services, news by tracey

‘Legal jobs are already being lost to technology, with the figure climbing to tens of thousands over the next two decades as automation and the use of artificial intelligence (AI) take hold, according to the Law Society.’

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Legal Futures, 3rd November 2017

Source: www.legalfutures.co.uk

Covert recordings in family proceedings (Re B (A Child)) – Family Law

Posted November 3rd, 2017 in evidence, family courts, judgments, news by tracey

‘Family analysis: Farooq Ahmed, barrister at Westgate Chambers, considers the Court of Appeal’s decision in Re B (A Child) and how practitioners should consider whether to introduce covert recordings in family proceedings.’

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Family Law, 1st November 2017

Source: www.familylaw.co.uk

Videos: High Court judges talk about their work – Courts and Tribunals Judiciary

Posted November 3rd, 2017 in judges, news, video recordings by tracey

‘For those thinking of applying to the High Court we asked serving High Court judges and a former High Court judge why they applied, what their preconceptions were and what their experience has been.’

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Courts and Tribunals Judiciary, 2nd November 2017

Source: www.judiciary.gov.uk

Interim statute bills must contain disbursements, court rules – Law Society’s Gazette

Posted November 3rd, 2017 in accounts, news, solicitors by tracey

‘The High Court has served notice to solicitors to submit complete invoices after it backed a ruling that a statute bill served by a law firm should contain details of disbursements.’

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Law Society's Gazette, 3rd November 2017

Source: www.lawgazette.co.uk

Peers warn of low morale in judiciary and call for greater diversity – The Guardian

Posted November 3rd, 2017 in diversity, judiciary, news, pensions, remuneration, select committees by tracey

‘The dilapidated state of some courts, a shortage of support staff and heavy administrative burdens are depressing the judiciary’s morale, a parliamentary report has warned.’

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The Guardian, 2nd November 2017

Source: www.theguardian.com

Teaching ban affirmed for world famous bassist after assault conviction – The Guardian

Posted November 3rd, 2017 in disciplinary procedures, news, sexual offences, teachers by tracey

‘A music teacher convicted of indecently assaulting his students has been banned from teaching children following a long legal battle.’

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The Guardian, 2nd November 2017

Source: www.theguardian.com

Woman, 80, jailed over dog attack on five-year-old girl – BBC News

Posted November 3rd, 2017 in dogs, news, sentencing by tracey

‘An 80-year-old woman has been jailed for 12 months after her son’s dog attacked a five-year-old girl, leaving her with facial injuries.’

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BBC News, 2nd November 2017

Source: www.bbc.co.uk

Teddy Tilston murder: Man who beat partner’s two-year-old son to death in fit of rage jailed for 17 years – The Independent

Posted November 3rd, 2017 in child cruelty, children, domestic violence, murder, news, sentencing by tracey

‘A man who murdered his girlfriend’s two-year-old son after flying into “a rage” has been jailed for a minimum of 17 years.’

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The Independent, 3rd November 2017

Source: www.independent.co.uk

Judiciary needs a pay rise – says senior judge on £200k salary – Daily Telegraph

Posted November 3rd, 2017 in judiciary, news, pensions, remuneration by tracey

‘The judiciary needs a pay rise, a senior judge paid more than £200,000 a year has said. Lord Justice Gross, who sits in the Court of Appeal, made the comments in a speech to the Institute of Maritime Law on Wednesday. He said: “No one goes into the Judiciary to make money. But there comes a point when pay is so far out of line with the private sector market that it endangers recruitment – of the very best – and retention. There is a danger in relying unduly on goodwill.”‘

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Daily Telegraph, 2nd November 2017

Source: www.telegraph.co.uk

Brecon Beacons deaths: families dismayed at junior officers’ charges – The Guardian

Posted November 3rd, 2017 in armed forces, courts martial, health & safety, inquests, negligence, news by tracey

‘The families of three men who suffered fatal heat illness during an SAS training march in the Brecon Beacons have expressed dismay that two relatively junior special services soldiers face charges of neglect rather than more senior figures or Ministry of Defence officials.’

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The Guardian, 2nd November 2017

Source: www.theguardian.com