High Court rules for first time on water neutrality – Local Government Lawyer

Posted July 19th, 2024 in local government, news, planning, water by michael

‘The High Court has dismissed the first challenge to an Inspector’s decision which refused planning permission for a development on grounds of water neutrality. Matt Lewin explains why.’

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Local Government Lawyer, 17th July 2024

Source: www.localgovernmentlawyer.co.uk

Ofcom to ban inflation-linked mid-contract price rises on phones, pay-TV and broadband – The Guardian

Posted July 19th, 2024 in complaints, consumer protection, news, ombudsmen, telecommunications by michael

‘Phone companies, broadband providers and subscription TV services will be banned from imposing inflation-linked price increases in the middle of contracts from next year, the telecoms regulator has confirmed.’

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The Guardian, 19th July 2024

Source: www.theguardian.com

Suspended surgeon harmed hundreds of women – BBC News

‘The Medical Practitioners Tribunal Service’s hearing concluded on Thursday [18 July] that a six-month suspension was “appropriate”.’

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BBC News, 18th July 2024

Source: www.bbc.co.uk

Just Stop Oil protesters jailed after M25 blocked – BBC News

‘Five environmental activists who organised protests that brought part of the M25 to a standstill over four days have been jailed.’

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BBC News, 18th July 2024

Source: www.bbc.co.uk

Hancock and Hunt failed to prepare UK for pandemic, Covid inquiry finds – The Guardian

Posted July 18th, 2024 in bereavement, coronavirus, government departments, health, inquiries, news by michael

‘The former health secretaries Jeremy Hunt and Matt Hancock have been criticised for their failure to better prepare the UK for the pandemic, in a damning first report from the Covid inquiry that calls for an overhaul in how the government prepares for civil emergencies.’

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The Guardian, 18th July 2024

Source: www.theguardian.com

‘Catalogue of failures’: watchdog missed chances to help Andrew Malkinson, report finds – The Guardian

‘A report on the Criminal Cases Review Commission’s handling of the Andrew Malkinson case has laid bare “a catalogue of failures”, finding that he could have been exonerated almost a decade earlier.’

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The Guardian, 18th July 2024

Source: www.theguardian.com

Bereaved families force law changes – why did it take so long? – BBC News

Posted July 18th, 2024 in bereavement, bills, families, health & safety, housing, inquests, news, sport, terrorism by michael

‘The inclusion of both the Hillsborough Law and Martyn’s Law in the King’s Speech is a big moment for people power.’

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BBC News, 18th July 2024

Source: www.bbc.co.uk

Appropriate assessment and multi-stage consents – Local Government Lawyer

Posted July 18th, 2024 in EC law, environmental protection, news, planning by michael

‘The Court of Appeal has clarified the requirement for appropriate assessment in multi-stage consents. Barristers at Landmark Chambers explain the ruling.’

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Local Government Lawyer, 17th July 2024

Source: www.localgovernmentlawyer.co.uk

Inquiry into Greater Manchester police calls for end to inappropriate strip-searches – The Guardian

Posted July 18th, 2024 in detention, inquiries, news, police, stop and search by michael

‘The Baird report, which was commissioned by Andy Burnham, the mayor of Greater Manchester, and released on Thursday morning [18 July], examined 14 cases of 11 women and three men who had been treated unfairly by Greater Manchester police (GMP). It found wrongful arrests, a lack of care for domestic and sexual abuse survivors, and strip-searches being conducted forcefully on vulnerable women.’

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The Guardian, 18th July 2024

Source: www.theguardian.com

The Supreme Court on whether collateral warranties are construction contracts – Local Government Lawyer

Posted July 18th, 2024 in construction industry, contracts, news, Supreme Court, warranties by michael

‘In Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) [2024] UKSC 23 the Supreme Court decided unanimously that the collateral warranty in issue was not a construction contract for the purposes of the 1996 Act and that most collateral warranties will also be regarded as the same. This overrules the decision of the Technology and Construction Court (TCC) in Parkwood Leisure Ltd v Laing O’Rourke Wales and West Ltd [2013] EWHC 2665 (TCC). The Supreme Court’s judgment provides much-needed clarity for the industry.’

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Local Government Lawyer, 17th July 2024

Source: www.localgovernmentlawyer.co.uk

Welsh chambers breaks ground with first ICO legal services certification – Legal Futures

Posted July 18th, 2024 in barristers, data protection, legal services, news by michael

‘The largest chambers in Wales has become the first legal services provider to obtain the new law-specific data protection certification approved by the Information Commissioner’s Office (ICO).’

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Legal Futures, 18th July 2024

Source: www.legalfutures.co.uk

‘Paying £240 holiday school fine was a no-brainer’ – BBC News

Posted July 18th, 2024 in fines, holidays, news, school children, truancy by michael

‘Mrs Melling and her husband Paul from Leyland, Lancashire, were each fined £120 after taking their children out of primary school for a trip to Egypt.’

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BBC News, 18th July 2024

Source: www.bbc.co.uk

First Covid inquiry report to show UK plan failures – BBC News

Posted July 18th, 2024 in coronavirus, emergency powers, government departments, inquiries, news, reports by michael

‘The failures and weaknesses in the UK’s pandemic preparations are expected to be laid out in the first report published by the Covid inquiry.’

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BBC News, 18th July 2024

Source: www.bbc.co.uk

Major General who carried Prince Philip’s coffin admits disgraceful conduct – The Independent

Posted July 18th, 2024 in armed forces, courts martial, guilty pleas, news, sexual offences by michael

‘A major general who helped carry Prince Philip’s coffin has admitted disgraceful conduct after playing with a woman’s hair and kissing her without consent.’

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The Independent, 17th July 2024

Source: www.independent.co.uk

Man who killed girlfriend in crash jailed for 10 years – BBC News

Posted July 18th, 2024 in dangerous driving, guilty pleas, insurance, news, sentencing, Wales by michael

‘A disqualified driver who killed his girlfriend after speeding into a garden wall has been sentenced to 10 years in jail.’

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BBC News, 17th July 2024

Source: www.bbc.co.uk

Data watchdog reprimands Hackney council over cyber attack – The Independent

Posted July 18th, 2024 in computer crime, data protection, local government, London, news by michael

‘The Information Commissioner’s Office (ICO) said the council had “failed to effectively implement sufficient measures” to protect its systems from attack.’

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The Independent, 17th July 2024

Source: www.independent.co.uk

Driver who left boy in road after crash sentenced – BBC News

‘A driver who hit a seven-year-old boy in his van and left the scene of the crash has been given a suspended sentence at Folkestone Magistrates’ Court.’

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BBC News, 17th July 2024

Source: www.bbc.co.uk

Habitats Assessments: It’s not too late and everything is included – 4-5 Gray’s Inn Square

Posted July 17th, 2024 in chambers articles, environmental protection, news, planning, regulations by sally

‘The Court of Appeal has held that regulation 63 of the Conservation of Habitats and Species Regulations 2017/1012 can require an assessment (i.e. a habitats regulations assessment, “HRA”) to be undertaken at the discharge of conditions stage – even if the outstanding conditions do not themselves concern habitats matters. This is important because it means the discharge of conditions cannot simply ride on the coat-tails of the outline permission.’

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4-5 Gray’s Inn Square , 15th July 2024

Source: www.4-5.co.uk

Adjudication and Collateral Warranties – Supreme Court Decision in Abbey v Simply – 4 New Square

‘In this article, 4 New Square Chambers’ Douglas James considers the Supreme Court’s decision in Abbey Healthcare (Mill Hill) Ltd (Respondent) v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) (Appellant) [2024] UKSC 23 and its implications for adjudication business.’

Full Story

4 New Square, 15th July 2024

Source: www.4newsquare.com

BAILII: Recent Decisions

Posted July 17th, 2024 in law reports by sally

Supreme Court

Centrica Overseas Holdings Ltd v Revenue and Customs [2024] UKSC 25 (16 July 2024)

Court of Appeal (Civil Division) Decisions)

Haque v Hussain & Ors [2024] EWCA Civ 806 (16 July 2024)

High Court (Administrative Court)

Ward & Anor v Secretary of State for Housing, Communities and Local Government & Anor [2024] EWHC 1780 (Admin) (16 July 2024)

OBN (A Minor), R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 1833 (Admin) (16 July 2024)

Abbasi, R (On the Application Of) v The Crown Court At Southwark [2024] EWHC 1781 (Admin) (15 July 2024)

High Court (Chancery Division)

Tanfield & Anor v Meadowbrook Montessori Ltd [2024] EWHC 1759 (Ch) (16 July 2024)

Crypto Open Patent Alliance v Wright (Rev1) [2024] EWHC 1809 (Ch)(16 July 2024)

High Court (Commercial Court)

MS Amlin Marine NV v King Trader Ltd & Ors [2024] EWHC 1813 (Comm) (16 July 2024)

FW Aviation (Holdings) 1 Ltd v VietJet Aviation Joint Stock Company [2024] EWHC 1823 (Comm) (16 July 2024)

High Court (Family Division)

A & I, Re (Children: Appeal: Relocation & Joint Lives-With Orders: Fresh Evidence) [2024] EWHC 1824 (Fam) (16 July 2024)

High Court (Technology and Construction Court)

Henry Construction Projects Ltd v ProMEP Ltd [2024] EWHC 1825 (TCC) (16 July 2024)

Source: www.bailii.org