Day: 22 February 2019

Recent Statutory Instruments – legislation.gov.uk

Posted February 22nd, 2019 in legislation by tracey

The Small Charitable Donations Act (Amendment) Order 2019

The Long-term Investment Funds (Amendment) (EU Exit) Regulations 2019

The Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2019

The Venture Capital Funds (Amendment) (EU Exit) Regulations 2019

The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019

The Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019

The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019

The Air Services (Competition) (Amendment) (EU Exit) Regulations 2019

The Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019

The Equality (Amendment and Revocation) (EU Exit) Regulations 2019

The National Health Service (Charges for Drugs and Appliances) (Amendment) Regulations 2019

The Social Entrepreneurship Funds (Amendment) (EU Exit) Regulations 2019

The Financial Markets and Insolvency (Amendment and Transitional Provision) (EU Exit) Regulations 2019

The Employment Rights (Increase of Limits) Order 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 22nd, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Rittson-Thomas & Ors v Oxfordshire County Council [2019] EWCA Civ 200 (21 February 2019)

AS (Afghanistan) v Secretary of State for the Home Department [2019] EWCA Civ 208 (21 February 2019)

Elite Property Holdings Ltd & Anor v Barclays Bank Plc [2019] EWCA Civ 204 (21 February 2019)

Omar & Ors v The Secretary of State for the Home Department [2019] EWCA Civ 207 (21 February 2019)

Y and E (Children) (Sexual Abuse Allegations), Re [2019] EWCA Civ 206 (21 February 2019)

High Court (Administrative Court)

Y, R (on the application of) v The London Borough of Richmond-Upon-Thames & Anor [2019] EWHC 364 (Admin) (21 February 2019)

McNutt v Transport for London [2019] EWHC 365 (Admin) (21 February 2019)

Othman, R (on the application of) v Secretary of State for the Home Department [2019] EWHC 340 (Admin) (21 February 2019)

LW & Ors v Sodexo Ltd & Anor [2019] EWHC 367 (Admin) (20 February 2019)

High Court (Chancery Division)

Ninian v Findlay & Ors [2019] EWHC 297 (Ch) (21 February 2019)

High Court (Commercial Court)

The Beans Group Ltd v Myunidays Ltd [2019] EWHC 320 (Comm) (21 February 2019)

The Federal Republic of Nigeria v JP Morgan Chase Bank, NA [2019] EWHC 347 (Comm) (21 February 2019)

Playboy Club London Ltd v Banca Nazionale Del Lavora SPA [2019] EWHC 303 (Comm) (21 February 2019)

High Court (Queen’s Bench Division)

Atlantica Holdings, Inc & Anor v Sovereign Wealth Fund & Ors [2019] EWHC 319 (QB) (21 February 2019)

KD v Gaisford [2019] EWHC 339 (QB) (20 February 2019)

Source: www.bailii.org

“Comprehensive and historical” safeguarding review – Salisbury Diocese – Law & Religion UK

Posted February 22nd, 2019 in child abuse, children, Church of England, news, pilot schemes by tracey

‘The Diocese of Salisbury has begun a pioneering safeguarding review – one that will include piloting the next stage of Past Case Reviews for the whole of the Church of England.’

Full Story

Law & Religion UK, 19th February 2019

Source: www.lawandreligionuk.com

No release from gas – Nearly Legal

Posted February 22nd, 2019 in health & safety, landlord & tenant, news by tracey

‘Trecarrel House Limited v Rouncefield, County Court at Exeter, 13 February 2019. The gas safety certificate section 21 wars rumble on. Following Caridon Property Ltd v Monty Shooltz (our note here), we have a further County Court appeal decision. This time from Exeter and concerning s.36(7) of the 1998 Gas Safety Regulations.’

Full Story

Nearly Legal, 19th February 2019

Source: nearlylegal.co.uk

GDPR codes must meet admissibility requirements – OUT-LAW.com

Posted February 22nd, 2019 in codes of practice, data protection, EC law, news, privacy by tracey

‘Trade bodies considering drawing up new codes of conduct to govern data privacy practices in their sector will be required to meet admissibility requirements before those codes will be assessed for their compliance with the General Data Protection Regulation (GDPR), a data protection watchdog has said.’

Full Story

out-LAW.com, 21st February 2019

Source: www.out-law.com

Time bars under FIDIC 2017 – are more notices the answer? – Practical Law: Construction Blog

Posted February 22nd, 2019 in construction industry, contracts, news, time limits by tracey

‘Construction and engineering contracts often contain provisions specifying that, within a particular time, one party (traditionally the contractor) must notify the other (the employer and/or the contract administrator) of a claim or the likelihood that it might advance a claim. Sometimes these “time-bar” notice provisions are elevated beyond being merely an obligation, to the status of a condition precedent to being able to pursue a successful claim. If such provisions are enforceable, they can be severe: a failure to serve the required notice in the required timescale will be fatal, regardless of the merits of the underlying claim. A well-known example of such a provision is found in clause 20.1 of the 1999 FIDIC contracts.’

Full Story

Practical Law: Construction Blog, 20th February 2019

Source: constructionblog.practicallaw.com

Exaggeration not necessarily fundamental dishonesty – Zenith PI

Posted February 22nd, 2019 in evidence, fundamental dishonesty, news, personal injuries, time limits, video recordings by tracey

‘Spencer Smith v Ashwell Maintenance Limited (Leicester County Court, 21/1/2019) – claimant who was found to have exaggerated and overstated his difficulties not fundamentally dishonest on the basis that his motive was to convince rather than to deceive.’

Full Story

Zenith PI, 21st February 2019

Source: zenithpi.wordpress.com

Judge rejects bid to exit shorter trial scheme – Litigation Futures

Posted February 22nd, 2019 in case management, disclosure, evidence, expert witnesses, news, patents by tracey

‘A judge has refused a party’s application to remove their case from the shorter trial scheme.’

Full Story

Litigation Futures, 22nd February 2019

Source: www.litigationfutures.com

“Testosterone overdose” deterring women from profession – Legal Futures

Posted February 22nd, 2019 in barristers, diversity, news, sex discrimination, women by tracey

‘Support for diversity initiatives has to come from the upper levels of the barristers’ profession, with a top QC warning of a “teststerone overdose” in the wake of a young female advocate accusing some men of “behaving as though they are on a stag do” when working with women.’

Full Story

Legal Futures, 22nd February 2019

Source: www.legalfutures.co.uk

Analysis: Parental responsibility – Family Law

Posted February 22nd, 2019 in care orders, children, news, parental responsibility by tracey

‘Imogen Powell, of Ashfords LLP, writes that parental responsibility is a concept introduced by the Children Act 1989. The Act defines PR as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to a child and his property”. As the phrase suggests, the concept of parental responsibility serves to highlight the idea that parents have “responsibilities” or “duties” towards their children, as opposed to “rights” over them.’

Full Story

Family Law, 22nd February 2019

Source: www.familylaw.co.uk

Family sentenced over £240,000 theft and damage at Thwaites brewery – Crown Prosecution Service

Posted February 22nd, 2019 in burglary, conspiracy, criminal damage, press releases, sentencing by tracey

‘Two family members who ransacked the historic Thwaites Brewery, causing more than £240,000 in damage, were sentenced to a combined eight years in prison today.’

Full press release

Crown Prosecution Service, 21st February 2019

Source: www.cps.gov.uk

Speech by Sir Rabinder Singh: Kay Everett Memorial Lecture – Courts and Tribunals Judiciary

Posted February 22nd, 2019 in human rights, intelligence services, investigatory powers, lectures, tribunals by tracey

‘The second Kay Everett memorial lecture was delivered by the President of the Investigatory Powers Tribunal, Sir Rabinder Singh, on Wednesday 20 February 2019.’

Full speech

Courts and Tribunals Judiciary, 21st February 2019

Source: www.judiciary.uk

Woman who accompanied her husband to Dignitas will inherit his £1.8 million estate, judge rules in test case – Daily Telegraph

Posted February 22nd, 2019 in assisted suicide, forfeiture, married persons, news, wills by tracey

‘A woman who accompanied her husband to Dignitas can claim his £1.8 million estate, a High Court judge has ruled in a test case.’

Full Story

Daily Telegraph, 21st February 2019

Source: www.telegraph.co.uk

Redcar man given life for smothering partner had killed before – The Guardian

Posted February 22nd, 2019 in domestic violence, murder, news, recidivists, sentencing by tracey

‘A man who has been given a life sentence for smothering his partner after a row had previously killed a girlfriend.’

Full Story

The Guardian, 21st February 2019

Source: www.theguardian.com

Government faces High Court action over children’s rights – BBC News

Posted February 22nd, 2019 in children, judicial review, ministers' powers and duties, news, social services by tracey

‘A children’s charity is taking High Court action against the government over its claims that some protections of children in care are “myths”. The Article 39 charity is seeking a judicial review of Department for Education guidance to local councils responsible for vulnerable children.’

Full Story

BBC News, 22nd February 2019

Source: www.bbc.co.uk

Churches no longer have to hold Sunday services – BBC News

Posted February 22nd, 2019 in Church of England, ecclesiastical law, news by tracey

‘A weekly Sunday service will no longer be compulsory for churches after a vote to change a 400-year-old law was passed by the Church of England’s ruling body.’

Full Story

BBC News, 22nd February 2019

Source: www.bbc.co.uk

Police leader calls for laws to allow positive race discrimination – The Guardian

Posted February 22nd, 2019 in diversity, minorities, news, police by tracey

‘Radical new laws should allow police to positively discriminate in favour of minority ethnic recruits, otherwise the ranks of officers will be too white for decades to come, the leader of Britain’s police chiefs has said.’

Full Story

The Guardian, 22nd February 2019

Source: www.theguardian.com

Bristol machete attack: Two brothers jailed for ‘barbaric and brutal’ assault – The Independent

Posted February 22nd, 2019 in affray, grievous bodily harm, guilty pleas, news, sentencing by tracey

‘Two brothers have been jailed for a machete attack at a supermarket in Bristol which left another two men with severe injuries.’

Full Story

The Independent, 21st February 2019

Source: www.independent.co.uk

Rachel Riley and Tracy Ann Oberman to take legal action after Twitter abuse – The Guardian

Posted February 22nd, 2019 in defamation, harassment, internet, news, political parties, racism by tracey

‘The Countdown presenter Rachel Riley and former EastEnders actor Tracy Ann Oberman are preparing legal action against up to 70 individuals for tweets relating to their campaign against antisemitism in the Labour party, according to the pair’s lawyer.’

Full Story

The Guardian, 21st February 2019

Source: www.theguardian.com

Alfie Lamb: Car death accused mum guilty of cruelty – BBC News

Posted February 22nd, 2019 in child cruelty, homicide, news, perverting the course of justice, road traffic by tracey

‘The mother of a three-year-old boy allegedly crushed by a car seat has been found guilty of child cruelty.’

Full Story

BBC News, 21st February 2019

Source: www.bbc.co.uk