Day: 12 March 2019

Recent Statutory Instruments – legislation.gov.uk

Posted March 12th, 2019 in legislation by tracey

The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019

The Maritime Transport Access to Trade and Cabotage (Revocation) (EU Exit) Regulations 2019

The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019

The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) (No. 2) Regulations 2019

The Quality and Safety of Organs Intended for Transplantation (Amendment) (EU Exit) Regulations 2019

The Human Fertilisation and Embryology (Amendment) (EU Exit) Regulations 2019

The Human Tissue (Quality and Safety for Human Application) (Amendment) (EU Exit) Regulations 2019

The Data Protection (Charges and Information) (Amendment) Regulations 2019

The Connecting Europe Facility (Revocation) (EU Exit) Regulations 2019

The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019

The ISIL (Da’esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019

The Construction Products (Amendment etc.) (EU Exit) Regulations 2019

The Creative Europe Programme and Europe for Citizens Programme (Revocation) (EU Exit) Regulations 2019

The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2019

The Personal Injuries (Civilians) Scheme (Amendment) Order 2019

The Employment Rights (Amendment) (EU Exit) (No. 2) Regulations 2019

The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2019

The Guardian’s Allowance Up-rating Regulations 2019

The National Health Service (Dental Charges) (Amendment) Regulations 2019

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 12th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Praesto Consulting UK Ltd v HM Revenue and Customs [2019] EWCA Civ 353 (11 March 2019)

High Court (Administrative Court)

Krupeckiene v Public Prosecutor’s Office Lithuania [2019] EWHC 569 (Admin) (11 March 2019)

Chief Constable of Avon And Somerset Constabulary v Police Medical Appeal Board [2019] EWHC 557 (Admin) (11 March 2019)

Bartulis & Ors v Panevezys Regional Court, Lithuania & Anor [2019] EWHC 504 (Admin) (07 March 2019)

Lone v Secretary of State for Education [2019] EWHC 531 (Admin) (07 March 2019)

High Court (Chancery Division)

Dhillon v Barclays Bank Plc & Anor [2019] EWHC 475 (Ch) (12 March 2019)

Keymed (Medical & Industrial Equipment) Ltd v Hillman & Anor [2019] EWHC 485 (Ch) (11 March 2019)

TQ Delta, LLC v ZYXEL Communications Ltd & Anor [2019] EWHC 562 (Ch) (11 March 2019)

Triumph Controls – UK Ltd & Anor v Primus International Holding Company & Ors [2019] EWHC 565 (Ch) (11 March 2019)

High Court (Technology and Construction Court)

Hitachi Zosen Inova AG v John Sisk & Son Ltd [2019] EWHC 495 (TCC) (08 March 2019)

Source: www.baili.org

Court reforms “must measure impact on vulnerable litigants” – Legal Futures

Posted March 12th, 2019 in civil justice, courts, dispute resolution, litigants in person, news by sally

‘A high-powered body of experts has called for more detailed evaluations of the government’s ambitious court modernisation programme, and complained about the lack of data on the impact of the reforms.’

Full Story

Legal Futures, 12th March 2019

Source: www.legalfutures.co.uk

Liquidated Damages after Termination: Triple Point Technology v. PTT – 4 New Square

Posted March 12th, 2019 in contracts, damages, delay, interpretation, news, penalties by sally

‘What happens to liquidated damages when a contract is terminated? Is the employer entitled to payment up until the point of termination? Can damages go beyond termination until the point at which the project is completed by someone else? If so, what happens if the project is never completed? These are all questions which one would normally associate with construction contracts. However, it was in the context of a software development project that they came to be considered in the Court of Appeal in Triple Point Technology v. PTT [2019] EWCA Civ 230.’

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4 New Square, 5th March 2019

Source: www.4newsquare.com

DWP defeats public sector equality duty challenge over method of communication with homeless man – Local Government Lawyer

Posted March 12th, 2019 in benefits, disabled persons, electronic mail, homelessness, ministers' powers and duties, news by sally

‘The Department for Work & Pensions has successfully defended a High Court challenge brought by a homeless man who claimed that its approach to communication was in breach of its duties under the public sector equality duty.’

Full Story

Local Government Lawyer, 11th March 2019

Source: www.localgovernmentlawyer.co.uk

Bungled Litigation and Costs – 4 New Square

Posted March 12th, 2019 in costs, damages, fees, insurance, negligence, news by sally

‘In principle, costs and funding should be taken into account when determining the value of litigation which has been lost by lawyers’ negligence. The Courts by and large purport to do this,[1] but the reported cases mostly do not do so adequately, and as a result considerably overvalue lost claims. I will attempt in this paper to show why, backed up by some simple calculations. In particular, the possibility of losing any trial makes a very great impact on the value of a claim.’

Full Story

4 New Square, 28th February 2019

Source: www.4newsquare.com

Amend Mental Capacity Act code of practice to address covert medication, human rights: Bar Council – Local Government Lawyer

Posted March 12th, 2019 in codes of practice, Court of Protection, human rights, medicines, news by sally

‘The Mental Capacity Act code of practice must be updated to address issues around covert medication, human rights and social care, the Bar Council has said.’

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Local Government Lawyer, 11th March 2019

Source: www.localgovernmentlawyer.co.uk

Gun-obsessed paedophile jailed after 2.2 million indecent images found among arsenal of illegal weapons – Daily Telegraph

Posted March 12th, 2019 in firearms, indecent photographs of children, news, sentencing by sally

‘A gun-obsessed paedophile has been jailed for 12-years after amassing one of the biggest hauls of indecent images ever uncovered.’

Full Story

Daily Telegraph, 11th March 2019

Source: www.telegraph.co.uk

Clarification as to the validity of jurisdiction clauses in pre-nuptial agreements (Brack v Brack) – The 36 Group

Posted March 12th, 2019 in financial provision, jurisdiction, news, prenuptial agreements by sally

‘Andrzej Bojarski, barrister in The 36 Group (36Family), discusses the Court of Appeal’s approach in Brack v Brack regarding the validity of jurisdiction clauses in pre-nuptial agreements, and the scope of the court’s discretionary powers when dealing with an application for financial relief in the face of a valid pre-nuptial agreement.’

Full Story

The 36 Group, 5th February 2019

Source: 36group.co.uk

What amounts to sexual harassment in law firms “evolving fast” – Legal Futures

Posted March 12th, 2019 in harassment, law firms, news, sexual offences by sally

‘What is defined as harassment in law firms is evolving fast and a telephone call or text that was previously thought innocent might now be considered to be inappropriate, experts have warned.’

Full Story

Legal Futures, 12th March 2019

Source: www.legalfutures.co.uk

Children on standalone supervision orders most likely to see return to court for new proceedings – Local Government Lawyer

Posted March 12th, 2019 in children, news, statistics, supervision orders by sally

‘Children on a standalone supervision order have the highest (20%) probability of a return to court for new S31 proceedings within five years compared to the five other types of order, research has found.’

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Local Government Lawyer, 11th March 2019

Source: www.localgovernmentlawyer.co.uk

Ep 72: Fleet Street Law Legend – Frances Gibb – Law Pod UK

Posted March 12th, 2019 in legal profession, media, news, podcasts by sally

‘Frances Gibb has retired after nearly forty years as legal journalist and editor, covering everything from Lord Irvine’s pricey wallpaper to the release of the Guildford Four. She talks to Rosalind English about the challenges of reporting on a profession highly sensitive to slips and slights.’

Full Story

Law Pod UK, 11th March 2019

Source: audioboom.com

FCA confirms new ombudsman service award limit – OUT-LAW.com

Posted March 12th, 2019 in compensation, complaints, financial regulation, news, ombudsmen by sally

‘Financial firms could be ordered to pay up to £350,000 in compensation by a UK ombudsman in response to complaints raised about their acts or omissions from April this year.’

Full Story

OUT-LAW.com, 11th March 2019

Source: www.out-law.com

Brexit Britain Could Be A Human Rights ‘Weak Link’, Fears Equality Watchdog – Rights Info

Posted March 12th, 2019 in brexit, human rights, news, treaties by sally

‘The government must ensure human rights standards are applied in treaties after Brexit, the UK Parliament Human Rights Committee has said.’

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Rights Info, 12th March 2019

Source: rightsinfo.org

Half of children who are tasered come from BAME groups – report – The Guardian

Posted March 12th, 2019 in children, minorities, news, police, restraint, statistics, weapons by sally

‘Half of the children tasered by police, and a third of those restrained using spit hoods, in England are black or from other minority ethnic groups, according to figures obtained by children’s rights campaigners.’

Full Story

The Guardian, 12th March 2019

Source: www.theguardian.com