The King (on the application of the Good Law Project Limited) v The Secretary of State for Health and Social Care v Abingdon Health Plc [2022] EWHC 2468 (TCC) – Part Two: Procurement principles – Local Government Lawyer

‘In the second in a two-part series on a recent procurement challenge brought by the Good Law Project, Juli Lau looks at the procurement principles considered by the court.’

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Local Government Lawyer, 28th October 2022

Source: www.localgovernmentlawyer.co.uk

An overview of immigration routes to come to the UK – EIN Blog

Posted October 28th, 2022 in immigration, news, visas by tracey

‘There is only a limited number of immigration options that would allow non-British citizens to come to the UK for a long-term project and make it your permanent home. You will be either joining your family in the UK or you will be going for one of the work-related routes that allow settlement or permanent residence after five years.’

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EIN Blog, 27th October 2022

Source: www.ein.org.uk

Jurisdiction and choice of law clauses in international contracts – OUT-LAW.com

‘All commercial contracts contain a number of “boilerplate” clauses, which are often seen as standard add-ons to the main terms and conditions of the contract.
One such boilerplate clause relates to jurisdiction and choice of law, and although these can be relatively straightforward when both parties are based in the same jurisdiction, they deserve proper consideration – particularly when the parties to the contract are based in different jurisdictions.’

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OUT-LAW.com, 27th October 2022

Source: www.pinsentmasons.com

How final is a final certificate? – Practical Law: Construction Blog

Posted October 28th, 2022 in appeals, construction industry, contracts, judgments, local government, news by tracey

‘At the end of last year, Jonathan discussed the Court of Session’s judgment in D McLaughlin & Sons Ltd v East Ayrshire Council, where Lord Clark looked at the conclusiveness of a final certificate under a Scottish Standard Building Contract with Quantities, 2011 Edition (SSBC, 2011 Edition). That case has popped up in the law reports again, this time in the Inner House (also called D McLaughlin & Sons Ltd v East Ayrshire Council), where three lords (Carloway, Woolman and Malcolm) have considered the Council’s appeal against Lord Clark’s judgment. In a rare occurrence these days, that judgment split the house.’

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Practical Law: Construction Blog , 26th October 2022

Source: constructionblog.practicallaw.com

David Torrance: Constitutional mirrors: Coronations and the territorial constitution – UK Constitutional Law Association

Posted October 28th, 2022 in constitutional law, news, royal family by tracey

‘Writing about the “work” of the Queen in 1958, the journalist and Herald Dermot Morrah claimed there had been “scarcely any allusion” in her coronation ceremony to the fact that Elizabeth II “was Queen of seven distinct and sovereign realms”. Indeed, added Morrah, “she was crowned not even as Queen of the United Kingdom, but of England alone”.

This was a peculiarly Anglo-centric take, particularly so coming from the pen of a Herald, usually such sticklers for detail. At first glance, the coronation of a British monarch is indeed a very English affair. It takes place at the Abbey Church of Westminster and the service is given by the Archbishop of Canterbury.

Yet a closer examination of coronations between 1714 and 1953 reveals them to be constitutional mirrors in which were reflected changes to the territorial constitution. And by highlighting these reflections, one can draw some preliminary observations as to the likely ceremonial at the coronation of King Charles III on 6 May 2023.’

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UK Constitutional Law Association, 27th October 2022

Source: ukconstitutionallaw.org

“Would you believe it? The relevance of demeanour in assessing the truthfulness of witness testimony” – Supreme Court

Posted October 28th, 2022 in cross-examination, judges, speeches, witnesses by tracey

‘At a Glance conference: 12 October 2022 Keynote address “Would you believe it? The relevance of demeanour in assessing the truthfulness of witness testimony”
Lord Leggatt’

Full speech

Supreme Court, 12th October 2022

Source: www.supremecourt.uk

Bio Age “likely to impact legal practice” amid global climate change – Legal Futures

‘A report into the so-called bio age, presumed successor to the digital age, has painted a picture of a world in which innovations in bio-technology and the role of global ecosystems have a huge impact on legal practice.’

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legal Futures, 28th October 2022

Source: www.legalfutures.co.uk

Law Commission to review how private international law applies to digital assets and other emerging technology – Law Commission

‘The Law Commission of England and Wales has launched a Government-commissioned review that aims to provide clarity on how private international law rules can apply to emerging technology, such as digital assets and electronic trade documents.’

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Law Commission, 18th October 2022

Source: www.lawcom.gov.uk

Better protection for victims under pre-charge bail reforms – Home Office

‘A new provision known as “Kay’s Law” protects victims of domestic abuse and sexual assault.’

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Home Office, 26th October 2022

Source: www.gov.uk

Interview with Deputy High Court Judge Margaret Obi – Courts and Tribunals Judiciary

Posted October 28th, 2022 in diversity, judges, judiciary, news, solicitors by tracey

‘In our interview Deputy High Court Judge Margaret Obi talks about her Nigerian upbringing and its influences on her career, her journey from solicitor to judge and her hopes for the future of the judiciary.’

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Courts and Tribunals Judiciary, 27th October 2022

Source: www.judiciary.uk

Speech by Lord Justice Bean – Personal Injuries Bar Association Speeches – Courts and Tribunals Judiciary

Posted October 28th, 2022 in judges, legal history, personal injuries, speeches by tracey

‘Personal Injuries Bar Association – Richard Davies Lecture 2022.’

Full speech

Courts and Tribunals Judiciary, 26th October 2022

Source: www.judiciary.uk

Belsner: Lawyers win in crucial costs recovery ruling – Law Society’s Gazette

Posted October 28th, 2022 in appeals, codes of practice, costs, damages, law firms, news, personal injuries, solicitors by tracey

‘Lawyers have won their appeal in a court ruling that will come as a massive relief across the personal injury market. Judges in the Court of Appeal ruled in Belsner v CAM Legal Services this morning that the firm’s personal injury client had made fair and reasonable deductions from her damages. The deductions were therefore lawful and did not need to be paid back.’

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Law Society’s Gazette, 27th October 2022

Source: www.lawgazette.co.uk

Problems with interim contact in private law disputes – Family Law Week

Posted October 28th, 2022 in children, contact orders, families, family courts, news by tracey

‘Many private law practitioners feel frustration about the significant disparity in contact arrangements between children in private and public proceedings. Sadly, this has long been the case: I last wrote an article about this in 2019 (One act, 2 Regimes: why? Family Law Week 17th December 2019) and cannot say that matters have moved on or changed meaningfully. As I set out in that article, there is no justification legally for courts to apply Children Act considerations varyingly. The problem here lies not with the law but in the practice.’

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Family Law Week, 21st October 2022

Source: www.familylawweek.co.uk

Transport body seeks to take legal action against 180 people over road protests – The Independent

‘Transport for London bosses have asked a High Court judge to let them take legal action against more than 180 named people following the intensification of Just Stop Oil protests.’

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The Independent, 27th October 2022

Source: www.independent.co.uk

Rochdale grooming gang members to be deported to Pakistan – The Guardian

‘Two members of a Rochdale grooming gang are to be deported to Pakistan after losing a seven-year legal fight to remain in Britain.’

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The Guardian, 26th October 2022

Source: www.theguardian.com

UK police use of live facial recognition unlawful and unethical, report finds – The Guardian

Posted October 28th, 2022 in facial mapping, human rights, news, police, privacy, race discrimination by tracey

‘Police should be banned from using live facial recognition technology in all public spaces because they are breaking ethical standards and human rights laws, a study has concluded.’

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The Guardian, 27th October 2022

Source: www.theguardian.com

Roseberry Park Hospital failing to keep patients safe, CQC finds Published 2 hours ago – BBC News

Posted October 28th, 2022 in hospitals, mental health, news, ombudsmen, quality assurance by tracey

‘A troubled mental health hospital is not keeping patients safe, lacks staff and is failing to record alleged sexual abuse, a watchdog has found.’

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BBC News, 28th October 2022

Source: www.bbc.co.uk

Restaurant fined after peanut allergy teen suffered shock – BBC News

Posted October 27th, 2022 in allergies, fines, food, food hygiene, news by sally

‘A restaurant operator who served a curry containing nuts to a woman with an allergy has been fined.’

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BBC News, 27th October 2022

Source: www.bbc.co.uk

Discriminating against ethnic minority pupils’ hairstyles is now much harder – The Guardian

Posted October 27th, 2022 in education, equality, news, race discrimination, school children by sally

‘EHRC guidance is a watershed, but the problem of hair discrimination in workplaces and public spaces remains.’

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The Guardian, 27th October 2022

Source: www.theguardian.com

BSB urged to act on “online misogyny” aimed at female barristers – Legal Futures

Posted October 27th, 2022 in barristers, harassment, internet, news, women by sally

‘The Bar Standards Board (BSB) needs to highlight the link between online misogyny and female barristers who speak out on issues affecting women in the law, a campaigning group has argued.’

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Legal Futures, 27th October 2022

Source: www.legalfutures.co.uk