Day: 15 October 2018

Ointment for a sting: Arcadis Consulting v AMEC – Practical Law: Construction Blog

Posted October 15th, 2018 in appeals, construction industry, contracting out, contracts, limitations, news by tracey

‘The Court of Appeal has come to the aid of Arcadis Consulting (UK) Ltd by overturning Coulson J’s judgment in ​Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd – a case described by the judge as one “with something of a sting in its tail”. The sting in question was Coulson J’s finding that a contract between Arcadis and AMEC did not incorporate any term that limited Arcadis’ liability. As a result, Arcadis faced a potential loss of £40 million.’

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Practical Law: Construction Blog, 12th October 2018

Source: constructionblog.practicallaw.com

Conscience and cake: the final chapter – UK Human Rights Blog

Posted October 15th, 2018 in appeals, equality, freedom of expression, homosexuality, human rights, marriage, news, Northern Ireland, political opinion discrimination, sale of goods, sexual orientation discrimination, Supreme Court by tracey

‘Lee v. Ashers Baking Company Ltd. On Wednesday the Supreme Court handed down its much-anticipated judgment in the ‘gay cake’ case. The Court unanimously held that it was not direct discrimination on grounds of sexual orientation or political opinion for the owners of a Northern Irish bakery to refuse to bake a cake with the message ‘Support Gay Marriage’ on it, when to do so would have been contrary to their sincerely held religious beliefs.’

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UK Human Rights Blog, 15th October 2018

Source: ukhumanrightsblog.com

Supreme Court rules that hospital receptionist owes a duty of care to a patient — Owain Thomas QC – UK Human Rights Blog

Posted October 15th, 2018 in appeals, assault, communicating false information, duty of care, hospitals, medical treatment, negligence, news, personal injuries, Supreme Court by tracey

‘The Supreme Court has unanimously allowed the appeal of Michael Darnley in Darnley v Croydon Health Services NHS Trust [2018] UKSC 50, holding that a hospital receptionist owed a duty of care to a patient at A&E, which was breached by providing him with incorrect information as to how long he was likely to have to wait before being seen or triaged.’

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UK Human Rights Blog, 11th October 2018

Source: ukhumanrightsblog.com

​Allen v Brethertons LLP (2018)- You’ve got to send a bill of costs to your client, even in fixed costs cases – Zenith PI

Posted October 15th, 2018 in accidents, costs, damages, fees, news, solicitors by tracey

‘This is a recent decision of the Senior Courts Costs Office which deals with the need for solicitors to provide their clients with a bill of costs, even in fixed costs case where the solicitors were instructed on the basis of a CFA and where costs were recovered from the other side.’

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Zenith PI, 9th October 2018

Source: zenithpi.wordpress.com

Recent Statutory Instruments – legislation.gov.uk

Posted October 15th, 2018 in legislation by tracey

The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) (No. 2) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 15th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

AS (Guinea) v Secretary of State for the Home Department & Anor [2018] EWCA Civ 2234 (12 October 2018)

Cheerupmate2 Ltd v Calce [2018] EWCA Civ 2230 (12 October 2018)

Sky Blue Sports & Leisure Ltd & Ors, R (on the application of) v Coventry City Council & Ors [2018] EWCA Civ 2252 (12 October 2018)

Witley Parish Council v Cavanagh [2018] EWCA Civ 2232 (11 October 2018)

Bellman v Northampton Recruitment Ltd [2018] EWCA Civ 2214 (11 October 2018)

Brangwyn v South Warwickshire NHS Foundation Trust [2018] EWCA Civ 2235 (11 October 2018)

High Court (Administrative Court)

B & Anor v Secretary of State for the Home Department [2018] EWHC 2651 (Admin) (12 October 2018)

BVC v EWF [2018] EWHC 2674 (Admin) (12 October 2018)

High Court (Chancery Division)

ESO Capital Luxembourg Holdings II SARL v GSA Invest Management SA & Anor [2018] EWHC 2656 (Ch) (12 October 2018)

Cantt Pak Ltd v Pak Southern China Property Investment Ltd [2018] EWHC 2564 (Ch) (12 October 2018)

M&P Enterprises (London) Ltd v Norfolk Square (Northern Section) Ltd [2018] EWHC 2665 (Ch) (12 October 2018)

Hague Plant Ltd v Hague & Ors [2018] EWHC 2517 (Ch) (11 October 2018)

High Court (Commercial Court)

Mamancochet Mining Ltd v Aegis Managing Agency Ltd & Ors [2018] EWHC 2643 (Comm) (12 October 2018)

High Court (Family Division)

PM v CF [2018] EWHC 2658 (Fam) (03 October 2018)

High Court (Patents Court)

Parainen Pearl Shipping Ltd & Ors v Kristian Gerhard Jebsen Skipsrederi AS & Ors [2018] EWHC 2628 (Pat) (11 October 2018)

High Court (Technology and Construction Court)

Ealing Care Alliance Ltd v London Borough of Ealing [2018] EWHC 2630 (TCC) (11 October 2018)

Source: www.bailii.org

Lord Carnwath at the Justice Human Rights Law Conference 2018, London – Supreme Court

Posted October 15th, 2018 in climate change, conflict of laws, environmental health, environmental protection, human rights, international law, interpretation, judges, speeches by tracey

‘Lord Carnwath at the Justice Human Rights Law Conference 2018, London. Human Rights and the Environment.’

Full speech

Supreme Court, 10th October 2018

Source: www.supremecourt.uk

Judge who disparaged one party’s counsel “did not give appearance of bias” – Litigation Futures

Posted October 15th, 2018 in appeals, barristers, bias, case management, costs, cross-examination, delay, judges, news, professional conduct, solicitors, trials by tracey

‘A judge who was “snide” and disparaging to counsel for one of the parties before her did nonetheless not give the appearance of bias, the High Court has ruled.’

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Litigation Futures, 15th October 2018

Source: www.litigationfutures.com

Speech by Lord Justice Gross: How can judges strengthen the rule of law? – Courts and Tribunals Judiciary

Posted October 15th, 2018 in education, human rights, judges, judiciary, rule of law, speeches by tracey

‘Speech by Lord Justice Gross: How can judges strengthen the rule of law?’

Full speech

Courts and Tribunals Judiciary, 15th October 2018

Source: www.judiciary.uk

Barristers to face new standard of proof in disciplinary cases – Law Society’s Gazette

Posted October 15th, 2018 in barristers, consultations, disciplinary procedures, Legal Services Board, news, professional conduct, solicitors, standard of proof by tracey

‘The Legal Services Board (LSB) has granted permission for the bar regulator to change the standard of proof applied in disciplinary proceedings, a move which could make it easier for barristers to be sanctioned.’

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Law Society's Gazette, 12th October 2018

Source: www.lawgazette.co.uk

The Financial Remedies Court: Latest Developments – Family Law Week

Posted October 15th, 2018 in courts, families, financial dispute resolution, news, pilot schemes by tracey

‘Matthew Richardson, family barrister at Coram Chambers, provides an update on the progress of the Financial Remedies Court and highlights that rollout dates are soon to be announced.’

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Family Law Week, 14th October 2018

Source: www.familylawweek.co.uk

Number of supervised offenders charged with violent crimes rises 21% – The Guardian

Posted October 15th, 2018 in contracting out, homicide, murder, news, probation, rape, recidivists, sexual offences, statistics, violent offenders by tracey

‘The number of offenders charged with serious crimes including murder, manslaughter and rape while they were being monitored in the community has jumped by more than a fifth in a year in England and Wales, the Guardian can reveal.’

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The Guardian, 14th October 2018

Source: www.theguardian.com

End of ‘buying off’ sexual assault victims hailed by campaigners, as gagging orders set to be banned – Daily Telegraph

Posted October 15th, 2018 in bills, bullying, complaints, disclosure, domestic violence, employment, harassment, human rights, news, non-disclosure agreements, sexual offences, victims by tracey

‘Victims campaigners have welcomed plans to outlaw gagging orders which prevent employees from disclosing sexual abuse at the hands of their bosses. The plans, which will be introduced as part of the domestic abuse bill, will stop companies from drawing up agreements that bar workers from going to the police.’

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Daily Telegraph, 14th October 2018

Source: www.telegraph.co.uk

Police spies infiltrated UK leftwing groups for decades – The Guardian

Posted October 15th, 2018 in deceit, demonstrations, disclosure, inquiries, investigatory powers, misfeasance in public office, news, police, political parties, sexual offences, spying, women by tracey

‘Police deployed 24 undercover officers to infiltrate a small leftwing political party over a 37-year period, the Guardian can reveal. The police spies infiltrated the Socialist Workers party (SWP) almost continuously between 1970 and 2007, often with more than one undercover officer embedded within the party.’

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The Guardian, 15th October 2018

Source: www.theguardian.com

HMRC seizes assets from almost 3,000 businesses as government ramps up pressure on late tax payment – The Independent

Posted October 15th, 2018 in assets recovery, debts, HM Revenue & Customs, news, repayment, statistics, taxation by tracey

‘HM Revenue and Customs seized assets from 2,833 businesses last year as the government ramps up pressure on firms not paying tax on time. The number of firms facing asset seizures jumped 45 per cent from 2016/17 and has increased more than fourfold since 2014/15.’

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The Independent, 15th October 2018

Source: www.independent.co.uk

Parents ‘weaponising’ domestic violence orders, claims charity – The Guardian

Posted October 15th, 2018 in communicating false information, domestic violence, families, legal aid, news, non-molestation orders, statistics, victims by tracey

‘The number of non-molestation orders – issued by courts to prevent domestic abuse – has rocketed by 37% over the past five years because they are being exploited to secure legal aid, according to the charity Families Needs Fathers.’

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The Guardian, 15th October 2018

Source: www.theguardian.com

Plans to stop house buyers being ‘exploited’ by ripoff leases delayed, almost a year after government promise – The Independent

Posted October 15th, 2018 in consultations, housing, leases, news, rent by tracey

‘Flagship plans to stop house buyers being “exploited” by ripoff leases have been delayed, nearly a year after the government vowed to act.’

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The Independent, 14th October 2018

Source: www.independent.co.uk