27/02/2018 – Current Awareness

‘Do long-term contracts need to be construed in a particular way? Do contracts that require the parties to work together and cooperate over a period of many years have their own special rules? Do they demand special treatment when it comes to questions of contractual interpretation? Those are some of the questions raised by the judgment in Amey Birmingham Highways Ltd v Birmingham City Council, in which the Court of Appeal had to grapple with the complexities and oddities of a PFI contract.’

Full Story

Practical Law: Construction Blog, 27th February 2018

Source: constructionblog.practicallaw.com

Seriously sick child and distraught parents – where to draw the line – UK Human Rights Blog

Posted February 27th, 2018 in children, human rights, medical treatment, news by tracey

‘Alder Hey Children’s NHS Foundation Trust v Evans, James and Alfie Evans (a child by his guardian Cafcass Legal) [2018] EWHC 308 (Fam). This was an application by the hospital for a declaration to allow their doctors to withdraw life support from a 19 month old child, Alfie. He suffers from a progressive, ultimately fatal neurodegenerative condition, probably a mitochondrial disorder. His epileptic seizures have not been brought under control by anti-convulsant treatment. The evidence before the court was that even if these seizures were to end, his brain is “entirely beyond recovery”. However caused, his neural degeneration is both “catastrophic and untreatable”.’

Full Story

UK Human Rights Blog, 26th February 2018

Source: ukhumanrightsblog.com

Ministry of Justice not liable for clinical negligence in prison – UK Human Rights Blog

Posted February 27th, 2018 in health, human rights, Ministry of Justice, negligence, news, personal injuries, prisons, vicarious liability by tracey

‘In Razumas v Ministry of Justice [2018] EHWC 215 a prisoner who had made a claim for clinical negligence against the Ministry of Justice, rather than against the specific health care provider, had his claim dismissed.’

Full Story

UK Human Rights Blog, 26th February 2018

Source: ukhumanrightsblog.com

BAILII: Recent Decisions

Posted February 27th, 2018 in law reports by tracey

High Court (Chancery Division)

Tailby & Anor v Hutchinson Telecom FZCO [2018] EWHC 360 (Ch) (26 February 2018)

Source: www.bailii.org

Lord Briggs at the P.R.I.M.E. Finance conference, The Hague, The Netherlands – Supreme Court

Posted February 27th, 2018 in dispute resolution, judges, speeches by tracey

‘Lord Briggs at the P.R.I.M.E. Finance conference, The Hague, The Netherlands.’

Full speech

Supreme Court, 22nd February 2018

Source: www.supremecourt.uk

High Court rejects non-party litigation privilege claim – Litigation Futures

Posted February 27th, 2018 in civil procedure rules, disclosure, news, privilege by tracey

‘An attempt to claim litigation privilege by global mining and commodities giant Glencore, in a case where it was not the party to proceedings, has been rejected by the High Court.’

Full Story

Litigation Futures, 27th February 2018

Source: www.litigationfutures.com

Shiner given extended bankruptcy order after trying to give away £500,000 – Legal Futures

Posted February 27th, 2018 in bankruptcy, disqualification, gifts, law firms, news, professional conduct, solicitors by tracey

‘Struck-off solicitor Phil Shiner has had his bankruptcy extended by five years after he gifted away nearly £500,000 worth of assets to family members before declaring himself bankrupt and was unable to pay £6.5m back to his creditors.’

Full Story

Legal Futures, 26th February 2018

Source: www.legalfutures.co.uk

New website launched for barristers and chambers: MyBar self-service portal opens for Authorisation to Practise process 2018 – Bar Standards Board

Posted February 27th, 2018 in barristers, continuing professional development, internet, press releases by tracey

‘A new self-service website for barristers and chambers to renew their practising certificates, update regulatory information, pay the Bar Representation Fee (BRF), manage subscriptions and applications and to book training, has been jointly launched by the Bar Council and the Bar Standards Board (BSB).’

Full press release

Bar Standards Board, 26th February 2018

Source: www.barstandardsboard.org.uk

Abuse concerns over unregistered schools – BBC News

Posted February 27th, 2018 in child abuse, education, news by tracey

‘Concerns have been raised about child safety in unregistered schools, after a BBC investigation filmed a teacher appearing to strike a pupil’s head.’

Full Story

BBC News, 26th February 2018

Source: www.bbc.co.uk

Girl with asthma died after doctor turned her away, inquest hears – The Guardian

Posted February 27th, 2018 in children, delay, doctors, health, inquests, negligence, news by tracey

‘A five-year-old girl with severe asthma died after being turned away from an appointment with an emergency doctor because she was five minutes late, an inquest has been told.
The coroner said the chance to provide Ellie-May Clark with “potentially life-saving treatment” was missed and she had been let down by failings in the system.’

Full Story

The Guardian, 26th February 2018

Source: www.theguardian.com

Ex-footballers Mark Aizlewood and Paul Sugrue jailed for fraud – The Guardian

Posted February 27th, 2018 in conspiracy, fraud, news, sentencing, sport by tracey

‘Two ex-footballers have been jailed for their part in a £5m sports leadership scam, which falsely claimed to help young people from deprived backgrounds gain football coaching apprenticeships.’

Full Story

The Guardian, 26th February 2018

Source: www.theguardian.com

Portsmouth baby murder: ‘Poor information sharing’ before death – BBC News

Posted February 27th, 2018 in children, domestic violence, health, murder, news, reports, social services by tracey

‘Poor information sharing between agencies meant warning signs were missed in the lead up to the murder of a 19-day-old baby by his mother, a serious case review has found.
Nicola Brown, 43, from Portsmouth, was found guilty of the murder of her son Jake following a trial in 2016. She was ordered to serve life with a minimum of 14-and-a-half years.’

Full Story

BBC News, 27th February 2018

Source: www.bbc.co.uk

Doorstep lender to return £169m to customers – BBC News

Posted February 27th, 2018 in consumer credit, financial regulation, fines, loans, misrepresentation, news by tracey

‘A division of troubled lender Provident Financial has been told to pay almost £169m in compensation to customers. The Financial Conduct Authority (FCA) said Provident’s Vanquis unit failed to properly disclose charges on one of its popular repayment plans.’

Full Story

BBC News, 27th February 2018

Source: www.bbc.co.uk

Inmates receive payouts of £2m for poor healthcare amid ‘unprecedented pressures’ in prisons – The Independent

Posted February 27th, 2018 in compensation, medical treatment, negligence, news, prisons by tracey

‘Inmates have been paid close to £2m in compensation for poor healthcare behind bars since 2010 amid mounting concern over the scale of the crisis gripping Britain’s prisons.’

Full Story

The Independent, 26th February 2018

Source: www.independent.co.uk

Up to 60 per cent of prisoners have head injuries, as experts warn brain damage may fuel crime – Daily Telegraph

Posted February 27th, 2018 in crime, mental health, news, personal injuries, prisons, violent offenders by tracey

‘More than half of criminals may have suffered a head injury which could be fuelling their offending, a new review by British brain experts suggests.’

Full Story

Daily Telegraph, 26th February 2018

Source: www.telegraph.co.uk

Isis supporter who tried to recruit terrorists around the world from UK home jailed – The Independent

Posted February 27th, 2018 in news, proscribed organisations, sentencing, terrorism by tracey

‘A man who tried to recruit Isis fighters around the world from his London home has been jailed after one of his targets turned him in.’

Full Story

The Independent, 26th February 2018

Source: www.independent.co.uk