Month: September 2021

Dwyer we not able to terminate our contract for COVID-19? – Practical Law: Construction Blog

Posted September 14th, 2021 in contracts, coronavirus, news by tracey

‘Since the COVID-19 pandemic began, a key question for practitioners has been whether COVID-19 constitutes a force majeure event and so entitles parties to relief under contracts that include force majeure provisions. Much has been written on how little case law there is on this topic and how English law does not recognise force majeure as a standalone concept.’

Full Story

Practical Law: Construction Blog, 8th September 2021

Source: constructionblog.practicallaw.com

Mastercard? That’ll do nicely! Do you need to issue a new claim if your amendment might be statute barred? – Practical Law: Construction Blog

Posted September 14th, 2021 in amendments, civil procedure rules, construction industry, limitations, news by tracey

‘It is no coincidence that construction cases play a prominent role in many of the leading decisions concerning limitation. It is the nature of our work that problems have a tendency to emerge some time after the work was completed and, more than occasionally, new problems come to light after proceedings have commenced.’

Full Story

Practical Law: Construction Blog, 7th September 2021

Source: constructionblog.practicallaw.com

Recent Statutory Instruments – legislation.gov.uk

Posted September 14th, 2021 in legislation by tracey

SI 2021/1028 – The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021

SI 2021/1022 – The Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) (Amendment) Order 2021

SI 2021/1020 – The Gender Recognition (Disclosure of Information) (England and Wales) Order 2021

SI 2021/1019 – The Childcare (Childminder Agencies) (Registration, Inspection and Supply and Disclosure of Information) and Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) (Coronavirus) (Amendment) Regulations 2021

SI 2021/1011 – The Customs (Safety and Security Procedures) Regulations 2021

SI 2021/1010 – The Promoters of Tax Avoidance Schemes (Prescribed Circumstances under Section 235) (Amendment) Regulations 2021

SI 2021/1009 – The National Lottery (Revocation and Amendment) Regulations 2021

SI 2021/1007 – The Immigration (Disposal of Property) (Amendment) Regulations 2021

SI 2021/1005 – The Education (Student Loans) (Repayment) (Amendment) (No. 3) Regulations 2021

SI 2021/991 – The Domestic Abuse Support (Relevant Accommodation and Housing Benefit and Universal Credit Sanctuary Schemes) (Amendment) Regulations 2021

SI 2021/990 – The Domestic Abuse Support (Local Authority Strategies and Annual Reports) Regulations 2021

SI 2021/980 – The Tax Avoidance Schemes (Information) (Amendment) Regulations 2021

SI 2021/1030 – The Tonnage Tax (Training Requirement) (Amendment etc.) Regulations 2021

SI 2021/1029 – The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Schedule 10) Regulations 2021

SI 2021/1023 – The Value Added Tax (Treatment of Transactions) (Revocation) Order 2021

SI 2021/1004 – The Botulinum Toxin and Cosmetic Fillers (Children) Act 2021 (Commencement) Regulations 2021

SI 2021/1033 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 11) Regulations 2021

SI 2021/1031 – The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2021

SI 2021/1036 – The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 22) Order 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 14th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

C (A Child) (Abduction: Article 13(b)) [2021] EWCA Civ 1354 (10 September 2021)

The Secretary of State for Work And Pensions v Akhtar [2021] EWCA Civ 1353 (10 September 2021)

Blackpool Football Club Ltd v DSN [2021] EWCA Civ 1352 (09 September 2021)

High Court (Administrative Court)

Udriste v Court of Trieste (Italy) [2021] EWHC 2476 (Admin) (09 September 2021)

High Court (Chancery Division)

Colliver v Papworth & Anor [2021] EWHC 2465 (Ch) (10 September 2021

Fenton Whelan Ltd v Swan Campden Hill Ltd [2021] EWHC 2470 (Ch) (09 September 2021)

Clyne v Conlon & Ors [2021] EWHC 2444 (Ch) (10 September 2021)

High Court (Commercial Court)

CHEP Equipment Pooling BV v ITS Ltd & Ors [2021] EWHC 2485 (Comm) (10 September 2021)

High Court (Family Division)

MZ v RZ (Hague Convention 1996. Habitual Residence. Inward Return) [2021] EWHC 2490 (Fam) (06 September 2021)

High Court (Queen’s Bench Division)

Trebisol Sud Ouest SAS & Anor v Berkley Finance Ltd & Ors [2021] EWHC 2494 (QB) (13 September 2021)

Source: www.bailii.org

Judge hands down ruling on children under 16, deprivations of liberty and inherent jurisdiction after amendment of statutory scheme for placements – Local Government Lawyer

Posted September 14th, 2021 in children, deprivation of liberty safeguards, jurisdiction, local government, news by tracey

‘It remains open to the High Court to authorise, under its inherent jurisdiction, the deprivation of liberty of a child under the age of 16 where the placement in which the restrictions that are the subject of that authorisation will be applied is prohibited by the terms of the amended statutory scheme introduced by the Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021, a High Court judge has ruled.’

Full Story

Local Government Lawyer, 13th September 2021

Source: www.localgovernmentlawyer.co.uk

Insight: Is turning back migrants at sea compatible with international law? – House of Commons Library

Posted September 14th, 2021 in asylum, human rights, immigration, international law, news, treaties, United Nations by tracey

‘What does international law say about turning back migrants at sea, and can “pushback” tactics be used safely and legally?’

Full Story

House of Commons Library, 13th September 2021

Source: commonslibrary.parliament.uk

Angry and despairing criminal Bar to “draw a line in the sand” – Legal Futures

Posted September 14th, 2021 in barristers, coronavirus, criminal justice, news by tracey

‘The “prevailing mood” among criminal defence barristers is one of “visceral anger and despair” and it is time to draw a line in the sand, the new chair of the Criminal Bar Association warned yesterday.’

Full Story

Legal Futures, 14th September 2021

Source: www.legalfutures.co.uk

New guidelines published for legal professionals practising within the Coroners’ Courts – Bar Standards Board

Posted September 14th, 2021 in bereavement, coroners, legal profession, news, press releases, standards by tracey

‘The Bar Standards Board, the Solicitors Regulation Authority and CILEx Regulation have today published new guidance designed to ensure standards for solicitors, barristers and CILEX Advocates working in the Coroners’ Courts.’

Full Story

Bar Standards Board, 13th September 2021

Source: www.barstandardsboard.org.uk

QC report accuses City firm of acting with conflict of interest – Law Society’s Gazette

Posted September 14th, 2021 in conflict of interest, law firms, news, reports, surveyors by tracey

‘General counsel and a City firm have come under repeated criticism in a damning report into governance issues at the Royal Institution of Chartered Surveyors.’

Full Story

Law Society's Gazette, 13th September 2021

Source: www.lawgazette.co.uk

Foot fetish man avoids jail for 1,263 nuisance calls to NHS 111 – The Independent

Posted September 14th, 2021 in community service, fines, malicious communications, news, sentencing, suspended sentences, telecommunications by tracey

‘A foot fetishist who made more than a thousand calls to the NHS’s 111 service to ask the call handlers about their feet has been convicted and fined.’

Full Story

The Independent, 14th September 2021

Source: www.independent.co.uk

Government says discrimination against black people and Travellers ‘objectively justified’ with new laws – The Independent

Posted September 14th, 2021 in bills, criminal justice, equality, minorities, news, police, race discrimination, stop and search, travellers by tracey

‘Discrimination against black people and Gypsy, Roma and Traveller communities in a controversial suite of new laws is “objectively justified”, the government has claimed.’

Full Story

The Independent, 13th September 2021

Source: www.independent.co.uk

Police launch legal action against government amid row over pensions and pay freeze – The Independent

Posted September 14th, 2021 in judicial review, news, pensions, police, remuneration by tracey

‘Police officers have launched legal action against the government over pensions as relations sour with ministers.’

Full Story

The Independent, 14th September 2021

Source: www.independent.co.uk

Bristol masseur jailed for sexually assaulting clients – BBC News

Posted September 14th, 2021 in news, sentencing, sexual offences by tracey

‘A masseur has been jailed after sexually assaulting four women while giving them naked massages.’

Full Story

BBC News, 13th September 2021

Source: www.bbc.co.uk

Vicarious Liability and the Non-Delegable Duty in the Context of Dental Negligence Claims: Hughes v Rattan – Ropewalk Clinical Negligence Blog

Posted September 13th, 2021 in chambers articles, compensation, damages, dentists, duty of care, negligence, news, vicarious liability by tracey

‘For several years in the 2000s and 2010s, the law relating to vicarious liability and non-fault liability more generally was “on the move”. However, in the last couple of years, the case law dealing with non-fault liability has been far less fruitful for claimants (e.g. Barclays Bank Plc v Various Claimants [2020] UKSC 13; SKX v Manchester City Council [2021] EWHC 782 (QB)). So the decision of Heather Williams QC (sitting as a Deputy High Court Judge) in the case of Hughes v Rattan [2021] EWHC 2032 (QB) provides an early sign that the tide may be turning back in favour of claimants, at least in the context of medical negligence claims.’

Full Story

Ropewalk Clinical Negligence Blog, 7th September 2021

Source: www.ropewalk.co.uk

The Online Safety Bill Part 2: Do these proposals go too far, leading to overzealous policing? – UK Human Rights Blog

Posted September 13th, 2021 in bills, freedom of expression, human rights, internet, news, police by tracey

‘This post is the second part of two posts on the draft Online Safety Bill. In my first post, here, I detailed the mechanics of the proposed bill in detail. This post will summarise some of the civil society responses since the publication of the draft bill, attempting an evaluation of how reasonable those responses are in light of the available information.’

Full Story

UK Human Rights Blog, 11th September 2021

Source: ukhumanrightsblog.com

Lord Chancellor addresses the Cambridge Economic Crime Symposium – Ministry of Justice

Posted September 13th, 2021 in criminal justice, financial regulation, fraud, lord chancellor, Ministry of Justice, money laundering, speeches by tracey

‘The Lord Chancellor spoke during the 38th annual Symposium held at Jesus College, University of Cambridge – to give an update on the government’s progress and plans in relation to economic crime.’

Full speech

Ministry of Justice, 10th September 2021

Source: www.gov.uk/government/organisations/ministry-of-justice

Another month, another immunity case. Another question ducked by the court? – Local Government Lawyer

Posted September 13th, 2021 in appeals, enforcement notices, housing, immunity, local government, news, planning by tracey

‘Roderick Morton analyses an appeal against a decision of an inspector to dismiss the appellant’s appeal against an enforcement notice issued by a council in respect of the unauthorised conversion of a property into two flats.’

Full Story

Local Government Lawyer, 10th September 2021

Source: www.localgovernmentlawyer.co.uk

Service of documents in civil proceedings: A lesson in getting it right – Local Government Lawyer

Posted September 13th, 2021 in case management, civil procedure rules, documents, news, service, time limits by tracey

‘Lynsey Oakdene and Kathryn Vickers highlight a recent judicial review case in which the claim form was set aside because it was served late and the court declined to exercise its case management powers.’

Full Story

Local Government Lawyer, 11th September 2021

Source: www.localgovernmentlawyer.co.uk

The Importance of Obtaining a Recognised Jewish Get when Jewish Couples Divorce and what more is being done to protect ‘chained’ wives – Family Law

Posted September 13th, 2021 in divorce, families, Judaism, news by tracey

‘Partner Lucy Greenwood & trainee Solicitor Feriha Tayfur update their review of Jewish divorces (“Get”) and potential solutions to family law practitioners and clients who need to ensure that a Jewish client obtains both a civil and religious divorce.’

Full Story

Family Law, 9th September 2021

Source: www.familylaw.co.uk

Cheshire man sentenced for racist abuse of England players – Crown Prosecution Service

Posted September 13th, 2021 in Crown Prosecution Service, internet, malicious communications, news, racism, sentencing, sport by tracey

‘A Cheshire man has been sentenced for posting racist abuse about England players on the night of the Euro finals in July.’

Full Story

Crown Prosecution Service, 8th September 2021

Source: www.cps.gov.uk