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Ruling confirms Building Safety Act’s impact on retrospective defect claims – OUT-LAW.com

‘A new ruling has highlighted how claims concerning building defects that would otherwise be time-barred can still be raised under the 2022 Building Safety Act, an expert has said.’

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OUT-LAW.com, 14th July 2023

Source: www.pinsentmasons.com

Landmark Sizewell C ruling instructive for projects of all shapes and sizes – OUT-LAW.com

‘The High Court’s ruling that the UK government’s approval of the proposed Sizewell C nuclear power plant was lawful contains valuable reminders on how projects of all shapes and sizes should approach environmental assessments.’

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OUT-LAW.com, 6th July 2023

Source: www.pinsentmasons.com

UK government avoids ‘self-inflicted wound’ by abandoning Bill of Rights Bill – OUT-LAW.com

Posted July 7th, 2023 in bills, government departments, human rights, news by sally

‘The UK government’s decision to abandon its plan for sweeping reforms to human rights legislation comes as no surprise, according to one legal expert.’

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OUT-LAW.com, 6th July 2023

Source: www.pinsentmasons.com

Construction disputes and FIDIC: how the 1999 Red Book deals with disputes – OUT-LAW.com

Posted July 3rd, 2023 in arbitration, construction industry, contracts, dispute resolution, news by sally

‘The 1999 FIDIC Red Book of standard form construction contracts introduced the dispute adjudication board (DAB) as part of a contract-specific tiered dispute resolution process.’

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OUT-LAW.com, 3rd July 2023

Source: www.pinsentmasons.com

Interest on costs due on date of original £38m order, judge finds – Law Society’s Gazette

Posted July 3rd, 2023 in costs, interest, limitations, news, time limits by sally

‘Interest on a £38 million costs order is due on the date of the original order and accrues from day to day thereafter, a judge has ruled followign a 10-year legal battle. The Honourable Mrs Justice Dias described the application before her in Deutsche Bank AG v Sebastian Holdings Inc as raising “a short but interesting point of statutory construction on which there is surprisingly no direct authority.”’

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Law Society's Gazette, 30th June 2023

Source: www.lawgazette.co.uk

New Financial Services and Markets Act will establish UK’s post-Brexit regulatory framework – OUT-LAW.com

Posted June 30th, 2023 in bills, brexit, EC law, financial regulation, news by sally

‘Less than a year since it was first laid before parliament, the Financial Services and Markets Bill has been granted Royal Assent – firing the starting pistol on what is likely to be a marathon effort to establish the UK’s post-Brexit financial services legislative and regulatory landscape.’

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OUT-LAW.com, 29th June 2023

Source: www.pinsentmasons.com

BAILII: Recent Decisions

Posted June 30th, 2023 in law reports by sally

Supreme Court

Marouf, R (on the application of) v Secretary of State for the Home Department [2023] UKSC 23 (28 June 2023)

Unger & Anor v Ul-Hasan (deceased) & Anor [2023] UKSC 22 (28 June 2023)

Court of Appeal (Civil Division)

AAA (Syria) & Ors, R (On the Application Of) v Secretary of State for the Home Department [2023] EWCA Civ 745 (29 June 2023)

ADA (Children: Care and Placement Orders) [2023] EWCA Civ 743 (29 June 2023)

Tabbitt v Clark [2023] EWCA Civ 744 (28 June 2023)

Court of Appeal (Criminal Division)

Jackson, R. v [2023] EWCA Crim 735 (28 June 2023)

High Court (Administrative Court)

Szentak v Regional Court of Lublin (Poland) [2023] EWHC 1596 (Admin) (27 June 2023)

High Court (Chancery Division)

Lapome Ltd v Kemp & Anor [2023] EWHC 1564 (Ch) (29 June 2023)

Adjei v Official Receiver & Anor [2023] EWHC 1553 (Ch) (29 June 2023)

High Court (Commercial Court)

Gagliardi v Evolution Capital Management LLC [2023] EWHC 1608 (Comm) (29 June 2023)

Deutsche Bank AG v Sebastian Holdings Inc [2023] EWHC 1527 (Comm) (28 June 2023)

High Court (Patents Court)

Interdigital Technology Corp & Ors v Lenovo Group Ltd & Ors [2023] EWHC 1577 (Pat) (28 June 2023)

High Court (King’s Bench Division)

WFZ v British Broadcasting Corporation [2023] EWHC 1618 (KB) (29 June 2023)

Merlin Entertainments PLC v Idziak [2023] EWHC 1597 (KB) (28 June 2023)

Alger v Commissioner of Police of the Metropolis [2023] EWHC 1582 (KB) (28 June 2023)

Source: www.bailii.org

FSA proposals aim to drive improvements in UK food safety and hygiene – OUT-LAW.com

Posted June 22nd, 2023 in consultations, food, food hygiene, health & safety, news by sally

‘A recent consultation published by the UK’s Food Standards Agency (FSA) puts risk management practices, food safety culture and sustained compliance at the centre of its proposals for a modernised food hygiene delivery model.’

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OUT-LAW.com, 20th June 2023

Source: www.pinsentmasons.com

Court rules that genuine attempt to restructure did not put assets beyond reach of creditors – OUT-LAW.com

Posted June 21st, 2023 in company law, fraud, insolvency, news, winding up by sally

‘A recent ruling of the English High Court found that a genuine attempt to restructure a company did not amount to an ‘informal winding-up’ in contradiction of insolvency laws on the distribution of assets to creditors.’

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OUT-LAW.com, 20th June 2023

Source: www.pinsentmasons.com

FCA proposes tougher rules for cryptoasset marketing – OUT-LAW.com

Posted June 16th, 2023 in advertising, cryptocurrencies, financial services ombudsman, news by sally

‘The UK Financial Conduct Authority (FCA) has set out new rules on how cryptoasset firms can advertise their products, including a cooling-off period for first time investors.’

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OUT-LAW.com, 15th June 2023

Source: www.pinsentmasons.com

E-signatures in England and Wales – OUT-LAW.com

Posted June 9th, 2023 in contracts, electronic filing, fraud, news by sally

‘Under English law, what constitutes a signature is flexible. A person’s intention can determine whether they have entered into binding agreements or transactions.’

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OUT-LAW.com, 8th June 2023

Source: www.pinsentmasons.com

English court rejects arbitrator bias challenge on account of tactical delay – OUT-LAW.com

Posted June 7th, 2023 in arbitration, bias, delay, disclosure, news by sally

‘Parties to an arbitration who become aware of potential grounds to challenge an arbitration award during the arbitral proceedings must raise grounds before the tribunal or a court as soon as possible to avoid losing the opportunity to do so, experts have warned, following a recent ruling of the English High Court.’

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OUT-LAW.com, 2nd June 2023

Source: www.pinsentmasons.com

Sports bodies have options for tackling illegal streaming, say experts – OUT-LAW.com

Posted June 6th, 2023 in copyright, electronic commerce, enforcement, internet, news, sentencing, sport by sally

‘Sports bodies and owners of broadcast rights for sports events should invest in monitoring for illegal streaming and consider the options they have for enforcing their rights against infringers in the context of their commercial objectives, according to experts in dispute resolution and brand protection in the sports sector.’

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OUT-LAW.com, 2nd June 2023

Source: www.pinsentmasons.com

UK ICO publishes new employer guidance on subject access requests – OUT-LAW.com

‘The UK Information Commissioner’s Office (ICO) has issued new guidance for employers on how to handle subject access requests (SARs).’

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OUT-LAW.com, 1st June 2023

Source: www.pinsentmasons.com

Digital Markets, Competition and Consumers Bill: UK tech sector competition rules – OUT-LAW.com

Posted June 1st, 2023 in bills, competition, consumer protection, electronic commerce, markets, news by sally

‘Large technology companies will face added regulatory and compliance issues in the UK once new legislation aimed at promoting competition in digital markets is enacted and implemented.’

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OUT-LAW.com, 30th May 2023

Source: www.pinsentmasons.com

How insolvency impacts intellectual property licenses – OUT-LAW.com

Posted June 1st, 2023 in insolvency, intellectual property, licensing, news by sally

‘Licensing is the backbone of many businesses, but many are unaware of how the current economic downturn could affect their operations as both licensees and licensors.’

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OUT-LAW.com, 30th May 2023

Source: www.pinsentmasons.com

UK carves own path on data-related innovation under the GDPR – OUT-LAW.com

Posted May 26th, 2023 in bills, brexit, data protection, EC law, government departments, news by sally

‘In the five years since the General Data Protection Regulation (GDPR) took effect, the data protection legislative landscape in the UK has changed significantly, with further reform on the horizon.’

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OUT-LAW.com, 25th May 2023

Source: www.pinsentmasons.com

UK parliament to debate university statutory duty of care towards students – OUT-LAW.com

‘As the UK parliament prepares to debate a petition by families of students that have died by suicide while at university, is it possible that additional statutory duties could be imposed upon UK’s higher education providers to protect the health, safety and wellbeing of their students, legal experts have said.’

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OUT-LAW.com, 19th May 2023

Source: www.pinsentmasons.com

Cryptoassets should be regulated as gambling, say MPs – OUT-LAW.com

Posted May 19th, 2023 in cryptocurrencies, gambling, news, regulations, select committees by sally

‘Bitcoin, Ether and other “unbacked” cryptoassets should be subject to gambling, not financial services, regulation, a prominent committee of UK MPs has said.’

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OUT-LAW.com, 18th May 2023

Source: www.pinsentmasons.com

High Court clarifies effect of change of law during ongoing group litigation orders – OUT-LAW.com

Posted May 17th, 2023 in class actions, HM Revenue & Customs, news, taxation, time limits by sally

‘A new ruling by the High Court in London has made clear that, in some circumstances, decisions in a test case might not apply to all claimants in a group litigation order (GLO).’

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OUT-LAW.com, 16th May 2023

Source: www.pinsentmasons.com