The Court of Appeal decides on JCT DB 2016 termination provisions – Local Government Lawyer

Posted August 23rd, 2024 in construction industry, contracts, news by sally

‘Helen Arthur provides an update on an important Court of Appeal ruling in a case concerning the proper construction of termination provisions in a JCT 2016 Design & Build form of Contract.’

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Local Government Lawyer, 23rd August 2024

Source: www.localgovernmentlawyer.co.uk

Weighty matters – Local Government Lawyer

Posted August 23rd, 2024 in housing, news, planning by sally

‘The High Court recently addressed a wide range of substantive and procedural issues in planning law in a combined judgment on two claims for statutory review. Robert Williams, Wayne Beglan and Olivia Davies look at the lessons to be learned.’

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Local Government Lawyer, 23rd August 2024

Source: www.localgovernmentlawyer.co.uk

Vexatious ex-solicitor cannot start litigating again, High Court says – Legal Futures

Posted August 23rd, 2024 in disciplinary procedures, news, solicitors, vexatious litigants by sally

‘The High Court has refused to allow a struck-off solicitor to reopen vexatious litigation against the Law Society, Bar Council, senior judges, lawyers and many others.’

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Legal Futures, 23rd August 2024

Source: www.legalfutures.co.uk

No mercy for litigant in person who had not bothered with the rules – Law Society’s Gazette

Posted August 23rd, 2024 in barristers, civil procedure rules, fees, litigants in person, news by sally

‘The High Court has once again shown no mercy on a litigant in person who failed to appreciate the civil procedure rules.’

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Law Society's Gazette, 21st August 2024

Source: www.lawgazette.co.uk

Stalker jailed after 100 videos of women found – BBC News

Posted August 23rd, 2024 in news, sentencing, stalking, video recordings by sally

‘A man has been jailed for stalking after more than 100 videos of women being followed were recovered from his phone.’

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BBC News, 22nd August 2024

Source: www.bbc.co.uk

Singer wins £20k payout from music company – BBC News

Posted August 23rd, 2024 in contract of employment, contracts, damages, employment, news, remuneration by sally

‘An American singer has won a £20,000 payout after an independent music company failed to pay his wages and left him pleading for dinner money.’

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BBC News, 22nd August 2024

Source: www.bbc.co.uk

EasyJetwash owner agrees to pay out in trademark row – The Guardian

Posted August 23rd, 2024 in damages, news, trade marks, trade names by sally

‘A pressure washing company will have to change its name from EasyJetwash and pay damages after a trademark dispute with the group behind the easyJet brand.’

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The Guardian, 22nd August 2024

Source: www.theguardian.com

Fire chiefs call for legal duty to respond to extreme weather in England – The Guardian

Posted August 23rd, 2024 in emergency services, fire, news, standards, statutory duty by sally

‘NFCC says statutory safety standards would raise emergency response to flooding and wildfires in line with rest of UK.’

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The Guardian, 23rd August 2024

Source: www.theguardian.com

Half of rape investigation team members not fully qualified, police watchdog warns – The Independent

Posted August 23rd, 2024 in delay, news, police, prosecutions, rape by sally

‘Half of staff on rape investigation teams are not fully qualified and are still training, police inspectors have warned. A progress review of nine forces who have adopted a new model to transform the way police respond to rape and sexual offences – known as Operation Soteria – found major changes are still needed to make it a success on a national scale.’

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The Independent, 22nd August 2024

Source: www.independent.co.uk

Club Property Problems – Parklane Plowden Chambers

Posted August 22nd, 2024 in chambers articles, clubs, news, trusts, unincorporated associations by sally

‘Unincorporated associations (which include clubs and associations) are extremely varied and range from barristers’ chambers, which are commercial in nature, to party political associations and working mens clubs, which are directed towards improving the lives of their members and the larger community. No specific statute applies to unincorporated associations. The general law of trusts and property does.’

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Parklane Plowden Chambers, 29th July 2024

Source: www.parklaneplowden.co.uk

Can a Claimant Rely on an EU Directive to Avoid the Enterprise and Regulatory Reform Act 2013? – Ropewalk Chambers

Posted August 22nd, 2024 in brexit, chambers articles, EC law, news by sally

‘When the Enterprise and Regulatory Reform Act 2013 came into force and personal injury claimants could no longer rely upon the various Regulations to establish a cause of action, there was a lot of discussion about what this would mean. Over 10 years later, there has been a surprising lack of authority about any of this. This is now potentially complicated all the more by Brexit.’

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Ropewalk Chambers, 10th July 2024

Source: ropewalk.co.uk

End of Term? University Protest Encampments and Possession Proceedings – St Philips Barristers

‘A number of protestors of the actions of the Israeli Defence Force in Palestine have occurred on university campuses both in this jurisdiction, as well as overseas. Such protests give rise to difficult balancing exercises between a university’s right to exercise their private property rights and the rights of others, particularly students to protest about causes that they are passionate about.’

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St Philips Barristers, 17th July 2024

Source: st-philips.com

What’s the Matter? Insolvency and Arbitration Following Sian Participation – Pump Court Chambers

Posted August 22nd, 2024 in agreements, arbitration, chambers articles, insolvency, news by sally

‘The presence of a generally worded arbitration agreement or exclusive jurisdiction clause applicable to the debt relied upon by a creditor bringing a winding-up petition should not lead to the stay or dismissal of the petition unless the debt is genuinely disputed on substantial grounds.’

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Pump Court Chambers, 2nd July 2024

Source: www.pumpcourtchambers.com

Detriment, what detriment? – Gatehouse Chambers

Posted August 22nd, 2024 in chambers articles, estoppel, news, partnerships, wills by sally

‘The Court of Appeal in Winter & Anor v Winter & Anor [2024] EWCA Civ 699 recently considered an appeal focused on the finding of the judge at first instance that there was detriment for the purposes of a proprietary estoppel claim. The case provides a useful recap of the relevant principles to be applied when detriment falls to be considered.’

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Gatehouse Chambers, 25th July 2024

Source: gatehouselaw.co.uk

UN torture tsar calls on Starmer to review sentences of IPP prisoners trapped indefinitely behind bars – The Independent

Posted August 22nd, 2024 in news, sentencing, torture, United Nations by sally

‘The UN special rapporteur on torture has urged Sir Keir Starmer to review the cases of thousands of people trapped in prison indefinitely under Imprisonment for Public Protection (IPP) sentences.’

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The Independent, 21st August 2024

Source: www.independent.co.uk

Factory worker jailed for role in riot at Rotherham asylum seeker hotel – The Guardian

Posted August 22nd, 2024 in asylum, news, sentencing, violent disorder by sally

‘A man who shouted abuse at police guarding a hotel housing asylum seekers and celebrated as missiles were thrown at officers has been jailed for three years and four months, as more people were sentenced for their part in the riots on Tuesday.’

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The Guardian, 20th August 2024

Source: www.theguardian.com

HMP Wandsworth living conditions are ‘inhumane’, finds report – The Guardian

Posted August 22nd, 2024 in health & safety, news, prisons, reports, self-harm by sally

‘Wandsworth prison is crumbling, overcrowded and vermin-infested, with inmates living in half the cell space available when it was first opened in 1851, according to a report published on Thursday.’

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The Guardian, 22nd August 2024

Source: www.theguardian.com

Just Eat advert that depicted McDonald’s broke junk food code – The Guardian

Posted August 22nd, 2024 in advertising, children, codes of practice, food, health, news, standards by sally

‘An advert for the takeaway delivery service Just Eat that featured a McDonald’s burger has been banned for not taking sufficient care to ensure that it was not aimed at children under 16.’

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The Guardian, 21st August 2024

Source: www.theguardian.com

Inmate with indefinite prison term took his own life after government rejected resentencing plans – The Independent

Posted August 22nd, 2024 in coroners, imprisonment, news, reports, sentencing by sally

‘A coroner has revealed a prisoner serving an abolished indefinite sentence took his own life after learning the government had rejected proposals to resentence IPP prisoners.’

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The Independent, 21st August 2024

Source: www.independent.co.uk

Holy ground or Hollywood? – the canons & filming in church: Re St Mary the Virgin Morpeth – Law & Religion UK

Posted August 22nd, 2024 in ecclesiastical law, faculties, film industry, news by sally

‘In Re St Mary the Virgin Morpeth [2024] ECC New 2, the petitioners – the Revd Simon White, Rector of Morpeth, Dr Andrew Mowat, a churchwarden, and Camilla Stephenson, the Supervising Location Manager for DNA Films – sought a faculty to permit the filming within the church during June and July 2024 of a sequel to two “horror” films: 28 Days and 28 Weeks After. The sequel was to portray “a post-apocalyptic world in which people are largely infected by a ‘rage’ virus which leads them to violence”. Oscar-winning director Danny Boyle was to direct the film, which would star Aaron Taylor-Johnson, Jodie Comer, Jack O’Connell and Ralph Fiennes.’

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Law & Religion UK, 22nd August 2024

Source: lawandreligionuk.com