Aktas v Adepta and the Difficulty of Applying to Strike out “Second” Claim Forms – Zenith Chambers

‘The decision of the Court of Appeal in the cases of Aktas v Adepta and Dixie v British Polythene Industries Limited [2010] EWCA Civ 1170 sets a demanding test for Defendants seeking to strike out “second” Claim Forms where service of a “first” Claim Form has failed.’

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Zenith Chambers, 5th March 2018

Source: www.zenithchambers.co.uk

Grandfather jailed for attacking his son in a bitter row over their rival flower businesses – Daily Telegraph

Posted March 16th, 2018 in assault, news, restraining orders, sentencing by tracey

‘An 82-year-old grandfather has been jailed for attacking his own son – in a bitter row over their rival flower businesses. Raymond Hill shoved his son Paul, 49, as he took a delivery of flowers and plants at his garden centre. The outburst breached an earlier restraining order given to Hill for harassing his son, who lives next door.’

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Daily Telegraph, 16th March 2018

Source: www.telegraph.co.uk

Beggars to be issued with £100 fines by Poole council sparking outrage – The Independent

Posted March 16th, 2018 in fines, local government, news, public spaces protection orders, vagrancy by tracey

‘Beggars in the Dorset town of Poole will be issued with fines of £100, its council has said. Despite heavy criticism Public Space Protection Orders (PSPOs) will be introduced from 16 April in a bid to “tackle anti-social and nuisance behaviours.” ‘

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The Independent, 16th March 2018

Source: www.independent.co.uk

FCA v Grout [2018] EWCA Civ 71: Anonymous or Synonymous? – 4 New Square

Posted March 16th, 2018 in financial regulation, identification, news, third parties by sally

‘The Court of Appeal confirms the restrictive approach to third party rights under FCA Notices adopted by the Supreme Court in Macris v FCA [2017] UKSC 19.’

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4 New Square, 6th February 2018

Source: www.4newsquare.com

5RB Podcasts on Interim Injunctions – 5RB

Posted March 16th, 2018 in injunctions, news, podcasts by sally

‘Desmond Browne QC moderates a discussion with Alex Marzec and Adam Speker on Interim Injunctions. In Part One they explore how to seek and defend an interim injunction application up to the hearing. In Part Two, they examine what happens at the hearing and beyond.’

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5RB, 10th March 2018

Source: www.5rb.com

Becky Watts: case review finds care service failed murdered teenager – The Guardian

Posted March 15th, 2018 in news, reports, social services by tracey

‘Professionals who worked with a 16-year-old Bristol girl killed in a sexually motivated attack by her stepbrother and his partner treated her as problematic rather than as a vulnerable adolescent with a difficult past, a serious case review has found. Seventeen experts from eight service providers saw Becky Watts in the three-and-a-half years before she was killed by her step-brother, Nathan Matthews, and his partner, Shauna Hoare, but she received a fragmented service and there was a lack of communication.’

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The Guardian, 15th March 2018

Source: www.theguardian.com

CPS rules out review of Poppi Worthington’s death – The Guardian

‘Poppi Worthington’s mother has said she may never learn the “devastating truth” behind her daughter’s death after prosecutors ruled out a review of the case.’

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The Guardian, 15th March 2018

Source: www.theguardian.com

Man jailed for 30 years over Aldi murder – BBC News

Posted March 15th, 2018 in domestic violence, murder, news, sentencing by tracey

‘A man has been jailed for at least 30 years for stabbing to death a woman at an Aldi supermarket.’

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BBC News, 15th March 2018

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 15th, 2018 in legislation by tracey

The Tax Credits and Childcare (Miscellaneous Amendments) Regulations 2018

The Social Security (Contributions) (Re-rating) Consequential Amendment Regulations 2018

The Double Taxation Relief and International Tax Enforcement (Colombia) Order 2018

The Double Taxation Relief and International Tax Enforcement (Lesotho) Order 2018

The Pension Schemes (Application of UK Provisions to Relevant Non-UK Schemes) (Amendment) Regulations 2018

The Relevant Overseas Schemes (Transfer of Sums and Assets) Regulations 2018

The Guardian’s Allowance Up-rating Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent decisions

Posted March 15th, 2018 in law reports by tracey

Supreme Court

Reilly v Sandwell Metropolitan Borough Council [2018] UKSC 16 (14 March 2018)

Court of Appeal (Civil Division)

Bubbles & Wine Ltd v Lusha [2018] EWCA Civ 468 (14 March 2018)

Kebbell Developments Ltd v Leeds City Council [2018] EWCA Civ 450 (14 March 2018)

Court of Appeal (Criminal Division)

Ikram, R v [2018] EWCA Crim 440 (14 March 2018)

High Court (Administrative Court)

Abolarin, R (on the application of) v Liverpool City Council [2018] EWHC 319 (Admin) (14 March 2018)

High Court (Chancery Division)

Burnden Group Holdings Ltd v Hunt [2018] EWHC 463 (Ch) (14 March 2018)

PSJC Commercial Bank Privatbank v Kolomoisky & Ors [2018] EWHC 482 (Ch) (12 March 2018)

Source: www.bailii.org

BHS to repay rental discounts says High Court – OUT-LAW.com

Posted March 15th, 2018 in agreements, company law, insolvency, news, rent by tracey

‘The High Court has said that BHS cannot challenge the terms of its own company voluntary arrangement (CVA) as unenforceable contractual penalties. The case provides guidance as to how CVAs operate post termination and the payment of rent as an expense of a company’s administration in priority to other debts.’

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OUT-LAW.com, 14th March 2018

Source: www.out-law.com

Employees must comply with work at height safety duties too – OUT-LAW.com

Posted March 15th, 2018 in employment, fines, health & safety, news, sentencing, suspended sentences by tracey

‘Two recent cases involving breaches of working at height regulations offer a clear reminder to workers of their own duties to take reasonable care for the health and safety of themselves and others.’

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OUT-LAW.com, 14th March 2018

Source: www.out-law.com

Are you being served (electronically)? Email service under the CPR and the Party Wall Act 1996 – Practical Law: Construction Blog

‘Two recent cases, one in the Court of Appeal, the other in the Supreme Court, have created significant uncertainty around the acceptability of email service. It seems that there may now be a disparity between the CPR and the Party Wall Act 1996, despite the similarities in the wording of the relevant provisions for the two regimes.’

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Practical Law: Construction Blog, 14th March 2018

Source: constructionblog.practicallaw.com

Reminder that adjudicator’s appointment lapses if no decision – Practical Law: Construction Blog

Posted March 15th, 2018 in arbitration, construction industry, contracts, fees, news, remuneration by tracey

‘Some judgments seem destined to be blogged about (at least by me) and Baldwin v J Pickstock Ltd is one such judgment. It’s all about the adjudicator’s decision (or lack of), whether there was an extension of time for reaching that decision and whether the adjudicator had properly resigned and should be paid for the work he did (even though he did not reach a decision). It’s not quite Cubitt Building & Interiors v Fleetglade, but it does demonstrate how adjudicators need to be alive to banana skin tactics, even those coming from the referring party!’

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Practical Law: Construction Blog, 13th March 2018

Source: constructionblog.practicallaw.com

Case Preview: Project Blue Ltd v HMRC – UK Supreme Court Blog

Posted March 15th, 2018 in appeals, HM Revenue & Customs, news, tax avoidance, taxation by tracey

‘Steven Sieff, consultant in the tax team at CMS, offers a preview of the decision awaited in Project Blue Ltd v Commissioners for Her Majesty’s Revenue and Customs.’

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UK Supreme Court Blog , 13th March 2018

Source: ukscblog.com

Judge orders husband in bitter divorce case to stop emailing wife’s solicitor – Legal Futures

Posted March 15th, 2018 in divorce, electronic mail, harassment, news, restraining orders, solicitors by tracey

‘A High Court judge has issued a restraining order to stop a man in a long-running divorce case from contacting his former wife’s solicitor on her private email address.’

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Legal Futures, 14th March 2018

Source: www.legalfutures.co.uk

BSB leads debate about race equality at the Bar – Bar Standards Board

Posted March 15th, 2018 in barristers, diversity, equality, reports by tracey

‘The Bar Standards Board (BSB) has today published a report of the event it hosted last month to consider how to improve race equality at the Bar.’

Full press release

Full report

Bar Standards Board, 15th March 2018

Source: www.barstandardsboard.org.uk

Man who bit off a piece of his victim’s ear has sentence increased – Attorney General’s Office

‘A man who bit off a piece of his victim’s ear has had his sentence increased after the Solicitor General appealed it for being too low.’

Full press release

Attorney General’s Office, 14th March 2018

Source: www.gov.uk/ago

City watchdog: Civil justice ‘out of reach’ for most British citizens – Law Society’s Gazette

Posted March 15th, 2018 in civil justice, financial regulation, news, speeches by tracey

‘Civil justice is readily available to the international super-rich but out of reach of most British citizens, according to a top City watchdog. But John Griffith-Jones, chairman of the Financial Conduct Authority, believes it is the job of parliament to boost consumer redress by changing the law, rather than simply tinkering with the regulator’s rulebook.’

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Law Society's Gazette, 14th March 2018

Source: www.lawgazette.co.uk

Appeal court rejects apparent bias claim over judge’s private meeting – Law Society’s Gazette

Posted March 15th, 2018 in appeals, bias, judges, news, recusal by tracey

‘A trial judge was right not to recuse himself from a dispute over building work despite meeting one party’s advocate in private and discussing elements of the case, the Court of Appeal has ruled.’

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Law Society's Gazette, 15th March 2018

Source: www.lawgazette.co.uk