27/03/2018 – Current Awareness

The costs of dangerous cladding – leaseholders position – Nearly Legal

Posted March 27th, 2018 in costs, health & safety, housing, landlord & tenant, news, repairs, service charges by tracey

‘First Tier Tribunal LON/00AH/LSC/2017/0435 – Firstport Property Services Ltd v various leaseholders of Citiscape. We previously saw the Salford decision on the costs of a ‘waking watch’ in a tower with ‘Grenfell’ style cladding, but this was the first, keenly awaited, decision on the liability of leaseholders of an affected building (here in Croydon) to pay for the costs of removal and replacement of such cladding under their leases.’

Nerarly Legal, 26th March 2018

Source: nearlylegal.co.uk

Witness “was not a reliable historian” – Practical Law: Construction Blog

Posted March 27th, 2018 in construction industry, evidence, news, witnesses by tracey

‘I like reading Fraser J’s judgments. Where else would you get phrases such as “banter in a public house during consumption of a gallon of ale (or lager)” and “quite apart from any illumination of the wisdom (or otherwise) of discussing (still less agreeing) incentive payments of such extraordinary size at an evening of drinking in the Horse & Groom”, nestled in among legal analysis? (He was talking about Blue v Ashley, which I’m sure was an interesting informal business meeting!).’

Practical Law: Construction Blog, 27th March 2018

Source: constructionblog.practicallaw.com

Clerical abuse of spiritual power and authority: Penalty – Law & Religion UK

Posted March 27th, 2018 in Church of England, clergy, disciplinary procedures, news, penalties, tribunals by tracey

‘Our post on 12 March 2018 reported the announcement by the Diocese of Oxford that a two-year penalty had been imposed on the Revd Timothy Davis, following the recent penalty hearing, Decision of the CDM Tribunal, 8 December 2017, (“the Abingdon case”). The Determination of the penalty has now been published formally by the CofE and in this post we examine aspects of “clerical abuse of spiritual power and authority”, raised in this decision and in the evidence given to the IICSA hearing on the Anglican Church.’

Law & Religion UK, 26th March 2018

Source: www.lawandreligionuk.com

The ‘reasonable citizen’ — Sergei Skripal – UK Human Rights Blog

Posted March 27th, 2018 in blood products, chemical weapons, consent, Court of Protection, health, human rights, news, public interest by tracey

‘In Secretary of State for the Home Department v Sergei Skripal [2018] EWCOP 6, Mr Justice Williams made a best interests decision that blood samples could be taken by the Organisation for the Prohibition of Chemical Weapons from Sergei and Yulia Skirpal in order that the Organisation for the Prohibition of Chemical Weapons (OCPW) could undertake their own analysis to find evidence of possible nerve agents. Both Sergei and Yulia were and remain unconscious and in a critical condition, and were unable to consent to such blood samples being taken.’

UK Human Rights Blog, 26th March 2018

Source: ukhumanrightsblog.com

Sensitisation to allergy is physical injury – Supreme Court – UK Human Rights Blog

Posted March 27th, 2018 in appeals, health, health & safety, industrial injuries, negligence, news, personal injuries, Supreme Court by tracey

‘Dryden and Others v Johnson Matthey [2018] UKSC 18. We are all made of stuff, and that stuff is not inert because it’s organic matter. Changes at the molecular level happen all the time, through cell death and replenishment, growth and the constant attrition caused by cosmic radiation on our DNA. Other changes are wrought by the environment or other organisms. Some changes are beneficial, even life saving, such as the removal of an appendix or the insertion of a pacemaker. The production of antibodies by vaccination have eradicated many diseases. Most of the time the body manages this itself. Every time certain cells in the blood encounter a foreign invader, they recruit the immune system to come up with a focussed weapon. This is an antibody, which lies dormant until the threat (the antigen) arises again. Antibodies are good things to have around until they’re provoked by enemies akin to the ones that created them, whereupon the body produces an allergic reaction to get rid of the toxin/allergen.’

UK Human Rights Blog, 23rd March 2018

Source: ukhumanrightsblog.com

Personal Injury and the tort of deceit – Zenith PI

Posted March 27th, 2018 in damages, deceit, news, personal injuries by tracey

‘UK Insurance Ltd –v- Gentry [2018] EWHC 372B. In this High Court action a road traffic insurer recovered damages in the tort of deceit against the Defendant following a staged accident.’

Zenith PI, 27th March 2018

Source: zenithpi.wordpress.com

High Court hears how squabbling barristers turned family hearing into “shouting match” – Legal Futures

Posted March 27th, 2018 in advocacy, barristers, news, trials by tracey

‘There is a “concerning tendency on the part of the advocates simply to interrupt each other in an effort to advance their competing submissions”, a High Court judge has said as he reviewed a hearing that turned into a “shouting match”.’

Legal Futures, 27th March 2018

Source: www.legalfutures.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 27th, 2018 in legislation by tracey

The Tonnage Tax (Exception of Financial Year 2018) Order 2018

The Passport (Fees) Regulations 2018

The Hinkley Point C (Nuclear Generating Station) (Amendment) Order 2018

The Police Super-complaints (Criteria for the Making and Revocation of Designations) Regulations 2018

The Short-term Holding Facility Rules 2018

The Nuclear Security (Secretary of State Security Directions) Regulations 2018

The Seafarers (Insolvency, Collective Redundancies and Information and Consultation Miscellaneous Amendments) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 27th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Brown v London Borough of Ealing Council & Anor [2018] EWCA Civ 556 (23 March 2018)

High Court (Administrative Court)

QSA & Ors, R (on the application of) v Secretary of State for the Home Department & Anor [2018] EWHC 639 (Admin) (26 March 2018)

Amstel Group Corporation v Secretary of State for Communities and Local Government & Anor [2018] EWHC 633 (Admin) (26 March 2018)

High Court (Chancery Division)

Wheat v Alphabet Inc / Google LLC & Anor [2018] EWHC 550 (Ch) (26 March 2018)

High Court (Commercial Court)

Seatrade Group NV v Hakan Agro DMCC, Re The Aconcagua Bay [2018] EWHC 654 (Comm) (26 March 2018)

High Court (Queen’s Bench Division)

Barley v Muir [2018] EWHC 619 (QB) (26 March 2018)

XXX v King’s College Hospital NHS Foundation Trust [2018] EWHC 646 (QB) (26 March 2018)

Source: www.bailii.org

No call for evidence in AG’s disclosure review – Law Society’s Gazette

Posted March 27th, 2018 in attorney general, consultations, disclosure, news, select committees by tracey

‘The day before MPs begin hearing evidence on challenges around the disclosure of evidence in criminal cases, the Attorney General’s Office has announced it will not be issuing a call for evidence to inform its wider review.’

Law Society's Gazette, 26th March 2018

Source: www.lawgazette.co.uk

Arson and criminal damage – consultation launched on sentencing guideline – Sentencing Council

Posted March 27th, 2018 in arson, consultations, criminal damage, press releases, sentencing by tracey

‘The Sentencing Council has published proposed new guidelines covering arson and criminal damage offences. The guidelines, for courts in England and Wales, will help ensure consistent and proportionate sentencing for these offences.’

Full press release

Sentencing Council, 27th march 2018

Source: http://sentencingcouncil.judiciary.gov.uk

MPs demand action over Jehovah’s Witness abuse allegations – The Guardian

Posted March 27th, 2018 in child abuse, complaints, news, parliament, sexual offences, victims by tracey

‘MPs are demanding government action after more than 100 people contacted the Guardian with allegations of child sexual abuse and other mistreatment in Jehovah’s Witness communities in the UK.’

The Guardian, 26th March 2018

Source: www.theguardian.com

Steven Gane jailed after ‘driving his partner to suicide’ – BBC News

Posted March 27th, 2018 in coercive & controlling behaviour, harassment, news, sentencing, suicide by tracey

‘A man who physically and mentally abused his girlfriend before she took her own life has been jailed for controlling and coercive behaviour.’

BBC News, 26th March 2018

Source: www.bbc.co.uk

FCA crackdown on dodgy pensions advice after thousands of people hit by scandal – The Independent

Posted March 27th, 2018 in financial advice, financial regulation, news, pensions by tracey

‘The City watchdog has announced measures to deal with an “erupting pensions mis-selling scandal”, but MPs say the plans do not go far enough to protect people’s savings.’

The Independent, 26th March 2018

Source: www.independent.co.uk

Regulator Ofgem temporarily bans energy company Iresa from taking on new customers – The Independent

Posted March 27th, 2018 in complaints, energy, licensing, news, ombudsmen by tracey

‘Energy company Iresa has been temporarily banned by the industry regulator from taking on new customers or increasing existing customers’ direct debits for up to three months until it resolves a series of service issues.’

The Independent, 27th March 2018

Source: www.independent.co.uk

Richard Frost: 117mph double death crash driver jailed – BBC News

Posted March 27th, 2018 in assault, dangerous driving, drug abuse, homicide, money laundering, news, sentencing by tracey

‘A motorist who hit speeds of 117mph before killing two pedestrians when he drove along the verge on the wrong side of the road has been jailed.’

BBC News, 26th March 2018

Source: www.bbc.co.uk

Scale of child abuse survey ‘needed every 10 years’ – BBC News

Posted March 27th, 2018 in child abuse, children, news, sexual grooming, sexual offences by tracey

‘Thousands of children should be surveyed to build a true picture of sexual exploitation, experts have said. The government says it does not know how many girls have been groomed in the wake of questions about sexual exploitation in Telford. But the Centre of Expertise for Child Sexual Abuse is designing a survey of children to run every 10 years to assess the scale of the problem.’

BBC News, 27th March 2018

Source: www.bbc.co.uk

Ban non-disclosure agreements on workplace sexual harassment, says EHRC – Daily Telegraph

Posted March 27th, 2018 in agreements, disclosure, employment, Equality and Human Rights Commission, harassment, news, non-disclosure agreements, sexual offences by tracey

‘Non-disclosure agreements about sexual harassment in the workplace should be banned, the Equality and Human Rights Commission has said.’

Daily Telegraph, 27th March 2018

Source: www.telegraph.co.uk

Hospital locksmith defrauded NHS out of £600k by hiring his own firm to supply goods at marked-up prices – Daily Telegraph

Posted March 27th, 2018 in fraud, hospitals, London, news, sentencing by tracey

‘The chief locksmith at a major hospital trust defrauded it out of nearly £600,000 by hiring his own supply firm and charging a 1,200 per cent mark-up on goods, a court heard.
Andrew Taylor, who was the main locksmith for Guy’s and St Thomas’ NHS Foundation Trust in London, was found guilty of fraud by abuse of position at Inner London Crown Court and jailed for six years.’

Daily Telegraph, 27th March 2018

Source: www.telegraph.co.uk

Prisons watchdog demands action after 500 self-harm incidents in six months at young offenders’ institution – The Independent

Posted March 27th, 2018 in mental health, news, prisons, self-harm, violence, young offenders by tracey

‘Prison inspectors have demanded urgent action at a young offenders’ institution that saw more than 500 incidents of self-harm in just six months.’

The Independent, 27th March 2018

Source: www.independent.co.uk

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