‘Smash ‘n’ grab’ claims the most common for UK adjudicators – OUT-LAW.com

Posted December 2nd, 2022 in company law, dispute resolution, news by tracey

‘”Smash ‘n’ grab” claims are the most common currently being dealt with by adjudicators in the UK. They are usually straightforward to deal with but some recent cases provide valuable lessons for companies caught up in them.’

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OUT-LAW.com, 2nd December 2022

Source: www.pinsentmasons.com

Contractual construction: the Tension – Practical Law: Construction Blog

Posted December 2nd, 2022 in construction industry, contracts, interpretation, news by tracey

‘When the courts are faced with questions of contractual construction there remains a tension in the approach they should take.’

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Practical Law: Construction Blog, 2nd December 2022

Source: constructionblog.practicallaw.com

Ronan Cormacain: The rise and rise of the super-enabling clause – UK Constitutional Law Association

Posted December 2nd, 2022 in constitutional law, legislation, news, rule of law by tracey

‘It has become increasingly popular to include what I term a “super-enabling clause” in primary legislation. It is my contention these clauses are bad for democracy and the rule of law. ‘

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UK Constitutional Law Association, 30th November 2022

Source: ukconstitutionallaw.org

Recent Statutory Instruments – legislation.gov.uk

Posted December 2nd, 2022 in legislation by tracey

SI 2022/1244 – The Central Counterparties (Transitional Provision) (Extension and Amendment) Regulations 2022

SI 2022/1237 – The Religious Character of 16 to 19 Academies (Designation Procedure) (England) Regulations 2022

SI 2022/1235 – The Aviation Safety and Air Traffic Management (Amendment) Regulations 2022

SI 2022/1232 – The Local Authorities (Capital Finance and Accounting) (England) (Amendment) Regulations 2022

SI 2022/1255 – The Agriculture Act 2020 (Commencement No. 2) (England) Regulations 2022

SI 2022/1253 – The National Health Service (Charges to Overseas Visitors) (Amendment) (No. 4) Regulations 2022

SI 2022/1252 – The Financial Services and Markets Act 2000 (Qualifying Provisions) (Amendment) Order 2022

SI 2022/1251 – The State Pension Revaluation for Transitional Pensions Order 2022

SI 2022/1261 – The Police, Crime, Sentencing and Courts Act 2022 (Offensive Weapons Homicide Reviews) Regulations 2022

SI 2022/1256 – The Education (School Teachers’ Qualifications and Induction Arrangements) (Amendment) (England) Regulations 2022

SI 2022/1246 – The Subsidy Control (Subsidies and Schemes of Interest or Particular Interest) Regulations 2022

SI 2022/1241 – The EU Agencies (Revocations) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 2nd, 2022 in law reports by tracey

Court of Appeal (Civil Division)

Tidal Lagoon (Swansea Bay) Plc v Secretary of State for Business, Energy and Industrial Strategy & Ors [2022] EWCA Civ 1579 (01 December 2022)

Urenco Chemplants Ltd & Anor v Commissioners for His Majesty’s Revenue And Customs [2022] EWCA Civ 1587 (01 December 2022)

The Good Law Project, R (On the Application Of) v The Prime Minister & Ors [2022] EWCA Civ 1580 (01 December 2022)

KG (Turkey) v Secretary of State for the Home Department [2022] EWCA Civ 1578 (01 December 2022)

Dooley & Ors v Castle Trust & Management Services Ltd [2022] EWCA Civ 1569 (30 November 2022)

Combe International LLC & Anor v Dr August Wolff GmbH & Co KG Arzneimittel & Anor [2022] EWCA Civ 1562 (30 November 2022)

High Court (Administrative Court)

Monckton & Anor, R (On the Application Of) v Staffordshire County Council [2022] EWHC 3049 (Admin) (01 December 2022)

Shah & Anor v Secretary of State for the Home Department [2022] EWHC 3033 (Admin) (01 December 2022)

Alaian & Anor, R (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 3012 (Admin) (30 November 2022)

The Open Spaces Society v Secretary of State for Environment, Food and Rural Affairs [2022] EWHC 3044 (Admin) (30 November 2022)

High Court (Chancery Division)

Hush Brasseries Ltd v Rlukref Nominees (UK) One Ltd & Anor [2022] EWHC 3018 (Ch) (01 December 2022)

Aldermore Bank Plc v Lynch & Anor [2022] EWHC 3050 (Ch) (01 December 2022)

Endcape Ltd v Musgrave Generators Ltd [2022] EWHC 2972 (Ch) (30 November 2022)

Lettice v Lettice & Ors [2022] EWHC 3013 (Ch) (29 November 2022)

High Court (Commercial Court)

Republic of Mozambique v Credit Suisse International & Ors (No. 4) [2022] EWHC 3054 (Comm) (30 November 2022)

The Serious Fraud Office & Anor v Litigation Capital Ltd [2022] EWHC 3053 (Comm) (30 November 2022)

High Court (King’s Bench Division)

Singh v Grief To Grace & Ors [2022] EWHC 2999 (KB) (01 December 2022)

Cuthbert v Taylor Woodrow Construction Holdings [2022] EWHC 3036 (KB) (30 November 2022)

Ware v French [2022] EWHC 3030 (KB) (30 November 2022)

Source: www.bailii.org

Thousands of survivors to be protected from prison abusers – Ministry of Justice

‘Survivors will be better protected from domestic abusers who attempt to continue their campaign of terror from behind bars.’

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Ministry of Justice, 28th November 2022

Source: www.gov.uk

Law Commission recommendation targeting the encouragement of serious self-harm to be included in Online Safety Bill – Law Commission

‘Last week the Government announced that it will update the Online Safety Bill to include the Law Commission’s recommendation to make encouraging or assisting serious self-harm an offence.’

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Law Commission, 29th November 2022

Source: www.lawcom.gov.uk

Court green lights inheritance claim despite solicitor’s limitation error – Legal Futures

Posted December 2nd, 2022 in families, limitations, news, solicitors, time limits, wills by tracey

‘A woman whose solicitors’ error meant she was too late to challenge her mother’s will has been given permission to bring her action out of time.’

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Legal futures, 2nd December 2022

Source: www.legalfutures.co.uk

In conversation with District Judge (MC) Briony Clarke – Courts & Tribunals Judiciary

Posted December 2nd, 2022 in diversity, equality, judges, magistrates, news, women by tracey

‘Find out about District Judge (MC) Briony Clarke’s career journey and her experiences of being a woman in the legal profession.’

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Courts & Tribunals Judiciary, 1st December 2022

Source: www.judiciary.uk

Message from the Lord Chief Justice and Senior President of Tribunals – Modes of address in courts and tribunals – Courts & Tribunals Judiciary

Posted December 2nd, 2022 in courts, judges, judiciary, news by tracey

‘We are today announcing a change in the practice of how certain Judges are addressed in court. From now on, the Judges listed below should be addressed in court or tribunal hearings as “Judge.”’

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Courts & Tribunals Judiciary, 1st December 2022

Source: www.judiciary.uk

Race at the Bar progress report: Much to celebrate, much more to do – The Bar Council

Posted December 2nd, 2022 in barristers, diversity, equality, news, race discrimination, statistics by tracey

‘One year on from the ground-breaking Race at the Bar report, the Bar Council has published an interim progress report on action being taken across the Bar to address race inequality.’

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The Bar Council, 30th November 2022

Source: www.barcouncil.org.uk

Don’t double compensate for the same claim, defendants tell CoA – Law Society’s Gazette

Posted December 2nd, 2022 in appeals, compensation, damages, news, personal injuries by tracey

‘Defendant lawyers have urged the Court of Appeal not to risk double compensation for injuries caused by the same accident.’

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Law Society’s Gazette, 1st December 2022

Source: www.lawgazette.co.uk

Judge praises solicitor subject to ‘intense, personal’ abuse from LiP – Law Society’s Gazette

Posted December 2nd, 2022 in families, family courts, harassment, litigants in person, news, solicitors by tracey

‘The family court has reserved praise for a solicitor operating in the face of repeated abuse from a litigant in person. In TF v DL (Post separation Litigation Abuse) a father made a total of 13 applications in relation to access to his children, the tone of which District Judge Webb described as “deeply offensive, homophobic and sexist”.’

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Law Society's Gazette, 1st December 2022

Source: www.lawgazette.co.uk

Predator befriended child’s family in abuse ordeal – BBC News

‘A “manipulative” and “dangerous” man who repeatedly sexually abused a teenage boy has been jailed.’

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BBC News, 1st December 2022

Source: www.bbc.co.uk

Doncaster Sheffield Airport: Judicial review over airport closure refused – BBC News

Posted December 2nd, 2022 in airports, judicial review, local government, news by tracey

‘An application for a judicial review into the decision to shut Doncaster Sheffield Airport has been refused, Doncaster Council has said.’

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BBC News, 1st December 2022

Source: www.bbc.co.uk

Judge to decide if brain-damaged teenager can be allowed to die – The Independent

Posted December 2nd, 2022 in attempts, bills, delay, families, family courts, hospitals, internet, medical treatment, news, suicide by tracey

‘A High Court judge has been asked to decide whether a teenager who suffered brain damage after an “apparent suicide attempt” can lawfully be allowed to die.’

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The Independent, 1st December 2022

Source: www.independent.co.uk

UK high court approves Bulb takeover by Octopus Energy – The Guardian

Posted December 2nd, 2022 in administrators, company law, energy, insolvency, judicial review, news by tracey

‘The takeover of the collapsed energy supplier Bulb in a deal which would create the UK’s third largest gas and electricity provider has been approved in a London court.’

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The Guardian, 30th November 2022

Source: www.theguardian.com

Forty potential ministerial code breaches never investigated, report reveals – The Guardian

Posted December 2nd, 2022 in codes of practice, disciplinary procedures, government departments, news by tracey

‘Forty potential breaches of the ministerial code have never been referred for investigation by the ethics adviser, data shows.’

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The Guardian, 2nd December 2022

Source: www.theguardian.com

Coroner warns of risks after Wymondham care home failures – BBC News

‘A coroner has warned of a risk of future deaths after a woman died weeks after a care home put the wrong person’s details into her care plan.’

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BBC News, 2nd December 2022

Source: www.bbc.co.uk

Doctors raise safety fears at Birmingham hospitals – BBC News

Posted December 2nd, 2022 in doctors, health & safety, hospitals, news, whistleblowers by tracey

‘Whistleblowers at one of England’s worst performing hospital trusts have said a climate of fear among staff is putting patients at risk.’

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BBC News, 1st December 2022

Source: www.bbc.co.uk