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Judicial College Guidelines updated – Law Society’s Gazette

Posted May 5th, 2022 in damages, news, personal injuries by sally

‘On 11 April, the Judicial College published the 16th edition of its guidelines to the assessment of general damages in personal injury cases. The previous edition was published in November 2019. These guidelines were first published in 1992 and provide a critical tool for practitioners and the courts. They rely heavily on reported decisions, covering categories as diverse as injuries caused by death, chronic pain, dermatitis and other skin conditions. The higher awards are to be found in chapters 2 and 3, tetraplegia and head injury, where the ranges in the top bracket are £324,600 to £403,990 and £282,010 to £403,990 respectively. Total blindness and deafness attracts an award in the region of £403,990, while minor injuries “where there is a complete recovery within seven days” are valued at “a few hundred pounds to £690”.’

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Law Society's Gazette, 4May 2022

Source: www.lawgazette.co.uk

New English witness evidence rules likely to influence wider best practice – OUT-LAW.com

Posted April 29th, 2022 in courts, evidence, news, practice directions, witnesses by tracey

‘Businesses involved in disputes before a wide range of courts and tribunals should expect their factual witness evidence to be closely scrutinised and should be aware of best practice principles recently set out by one of the main branches of the English courts.’

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OUT-LAW.com, 28th April 2022

Source: www.pinsentmasons.com

Online safety: work needed to improve UK Bill – OUT-LAW.com

‘There is broad consensus that a greater degree of regulation of online content is necessary, but the aims of the proposed new Online Safety Bill in the UK could be undermined by a lack of clarity over the way the legislation is to be implemented and enforced.’

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OUT-LAW.com, 28th April 2022

Source: www.pinsentmasons.com

FCA finalises ‘comply or explain’ diversity rules for listed companies – OUT-LAW.com

Posted April 27th, 2022 in codes of practice, company law, diversity, news by sally

‘The UK’s Financial Conduct Authority (FCA) has finalised rules requiring UK listed companies to set out in their annual reports whether they have met board diversity targets.’

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OUT-LAW.com, 26th April 2022

Source: www.pinsentmasons.com

UK consumer law enforcement powers to be bolstered – OUT-LAW.com

‘Businesses that breach UK consumer protection laws will be subject to fines of up to 10% of their annual global turnover under changes to legislation the UK government has committed to making.’

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OUT-LAW.com, 21st April 2022

Source: www.pinsentmasons.com

HS2 protestor’s conviction proportionate with human rights, High Court rules – OUT-LAW.com

‘The English and Welsh Divisional Court has found that it is proportionate to convict a protestor of trespass, providing potential reassurance to companies whose business is disrupted through protests.’

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OUT-LAW.com, 5th April 2022

Source: www.pinsentmasons.com

BAILII: Recent Decisions

Posted April 5th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

Soteria Insurance Ltd v IBM United Kingdom Ltd [2022] EWCA Civ 440 (04 April 2022)

Biden v Waverley Borough Council [2022] EWCA Civ 442 (01 April 2022)

QH (Afghanistan) v Secretary of State for the Home Department [2022] EWCA Civ 421 (01 April 2022)

Samsung Electronics Co. Ltd & Ors v LG Display Co Ltd & Anor [2022] EWCA Civ 423 (01 April 2022)

Chalk & Anor, R. v [2022] EWCA Crim 433 (31 March 2022)

Amin, R (on the application of) v Secretary of State for the Home Department [2022] EWCA Civ 439 (31 March 2022)

Qatar Investment and Project Development Holding Company & Anor v Phoenix Ancient Art SA (Rev1) [2022] EWCA Civ 422 (30 March 2022)

Court of Appeal (Criminal Division)

BIH, AWW & BIZ v R. [2022] EWCA Crim 447 (4 April 2022)

Richards, R v [2022] EWCA Crim 247 (4 April 2022)

Abdulahi, R v [2022] EWCA Crim 412 (4 April 2022)

Lam v R. [2022] EWCA Crim 448 (01 April 2022)

White & Anor v Post Office Ltd [2022] EWCA Crim 435 (31 March 2022)

High Court (Administrative Court)

JZ, R (On the Application Of) v Secretary of State for Foreign, Commonwealth and Development Affairs & Ors [2022] EWHC 771 (Admin) (01 April 2022)

LB (A Child), R (On the Application Of) v Surrey County Council [2022] EWHC 772 (Admin) (01 April 2022)

JS v Cardiff City Council [2022] EWHC 707 (Admin) (01 April 2022)

Ramaswamy v General Medical Council [2022] EWHC 732 (Admin) (31 March 2022)

Veeravalli v General Medical Council [2022] EWHC 747 (Admin) (31 March 2022)

Kessie-Adjei, R (On the Application Of) v Secretary of State for Justice [2022] EWHC 722 (Admin) (30 March 2022)

Director of Public Prosecutions v Cuciurean [2022] EWHC 736 (Admin) (30 March 2022)

High Court (Chancery Division)

Safari Holding Verwaltungs GmbH, Re [2022] EWHC 781 (Ch) (04 April 2022)

Jennison & Anor v Jennison [2022] EWHC 792 (Ch) (04 April 2022)

Malik v The National Bank of Ras-Al-Khaimah [2022] EWHC 716 (Ch) (04 April 2022)

JSC Commercial Bank Privatbank v Kolomoisky & Ors [2022] EWHC 775 (Ch) (01 April 2022)

Changtel Solutions UK Ltd, Re [2022] EWHC 694 (Ch) (01 April 2022)

PJP (NE) Ltd v Taylor [2022] EWHC 709 (Ch) (01 April 2022)

Sky Apartments 2018 Ltd, Re [2022] EWHC 763 (Ch) (01 April 2022)

Saurymper & Anor v Fishman Brand Stone (a firm) [2022] EWHC 752 (Ch) (31 March 2022)

Bilta (UK) Ltd & Ors v SVS Securities plc & Ors [2022] EWHC 723 (Ch) (31 March 2022)

Johnson v Spooner [2022] EWHC 735 (Ch) (31 March 2022)

HRH Prince Hussam Bin Saud Bin Abdulaziz Al Saud v Mobile Telecommunications Company KSCP (Rev1) [2022] EWHC 744 (Ch) (31 March 2022)

Quay House Admirals Way Land Ltd & Anor v Rockwell Properties Ltd [2022] EWHC 742 (Ch) (30 March 2022)

Quantum Care Ltd & Anor v Modi [2022] EWHC 721 (Ch) (30 March 2022)

Smile Telecoms Holdings Ltd, Re (Part 26a of the Companies Act 2006) [2022] EWHC 740 (Ch) (30 March 2022)

Anan Kasei Co Ltd & Anor v Neo Chemicals & Oxides (Europe) Ltd & Ors [2022] EWHC 708 (Ch) (29 March 2022)

High Court (Commercial Court)

Abu Dhabi Commercial Bank Pjsc v Shetty & Ors [2022] EWHC 529 (Comm) (01 April 2022)

Chep Equipment Pooling BV v ITS Ltd & Ors [2022] EWHC 741 (Comm) (01 April 2022)

Prakash Industries Ltd v Peter Beck Und Partner Vermogensverwaltung GmbH [2022] EWHC 754 (Comm) (01 April 2022)

Africa Finance Corporation & Ors v Aiteo Eastern E & P Company Ltd [2022] EWHC 768 (Comm) (01 April 2022)

Al Saud & Anor v Gibbs & Anor [2022] EWHC 706 (Comm) (30 March 2022)

Rolls-Royce Holdings Plc v Goodrich Corporation [2022] EWHC 745 (Comm) (30 March 2022)

High Court (Family Division)

V & W, Re (Hague Return Order, Lithuania) [2022] EWHC 739 (Fam) (30 March 2022)

High Court (Patents Court)

Commscope Technologies LLC v SOLiD Technologies, Inc [2022] EWHC 769 (Pat) (01 April 2022)

High Court (Queen’s Bench Division)

Privacy International, R (On the Application Of) v Investigatory Powers Tribunal [2022] EWHC 770 (QB) (04 April 2022)

Braintree District Council v Wilson & Ors [2022] EWHC 753 (QB) (01 April 2022)

Jenkinson v Robertson (Rev1) [2022] EWHC 791 (QB) (31 March 2022)

Lombard North Central Plc v European Skyjets Ltd [2022] EWHC 728 (QB) (30 March 2022)

Chief Constable of Kent Police & Anor v Taylor [2022] EWHC 737 (QB) (30 March 2022)

Wilson v Mendelsohn & Ors [2022] EWHC 715 (QB) (30 March 2022)

Vakharia & Ors v Bukowski & Anor [2022] EWHC 673 (QB) (25 March 2022)

Source: www.bailii.org

Employers can take action against striking workers, Court of Appeal decides – OUT-LAW.com

‘The English and Welsh Court of Appeal has reasserted the previously held view that protection against detriment on the grounds of “trade union activities” does not extend to strike action.’

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OUT-LAW.com, 29th March 2022

Source: www.pinsentmasons.com

Court of Appeal issues reminder that funding arrangements need to comply with strict rules – OUT-LAW.com

Posted March 28th, 2022 in appeals, assignment, champerty, damages, law firms, news, solicitors by tracey

‘The English and Welsh Court of Appeal has handed down a judgment which should act as a reminder for law firms that any innovative funding arrangements must comply with statutory rules or risk being declared void.’

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OUT-LAW.com, 25th March 2022

Source: www.pinsentmasons.com

UK businesses should be aware of a growing trend of climate change-based litigation according to one expert, after environmental law charity ClientEarth announced legal action against Shell – OUT-LAW.com

Posted March 22nd, 2022 in charities, climate change, company directors, derivative claims, energy, news by tracey

‘UK businesses should be aware of a growing trend of climate change-based litigation according to one expert, after environmental law charity ClientEarth announced legal action against Shell.’

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OUT-LAW.com, 18th March 2022

Source: www.pinsentmasons.com

Trade mark dispute provides lessons on costs, confusion and consent – OUT-LAW.com

Posted March 18th, 2022 in consent, costs, intellectual property, news, trade marks by tracey

‘A recent costs ruling shows that brands should think twice before claiming directors are jointly liable with their company for the infringement of their intellectual property (IP) rights. The costs ruling concerned a dispute over trade mark rights heard recently by the High Court in London. Its judgment in the case, involving rival property management companies Urbanbubble and Urban Evolution, shows how difficult it is for brand owners to rely on evidence purportedly showing actual confusion over who operates their brand, to demonstrate trade mark infringement. It further highlights the care trade mark owners must take when engaging with other brands to avoid inadvertently giving competitors permission to use similar trade marks.’

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OUT-LAW.com, 17th March 2022

Source: www.pinsentmasons.com

UK introduces new safety rules for enclosed spaces aboard ships – OUT-LAW.com

Posted March 9th, 2022 in health & safety, news, ships by sally

‘The UK government has introduced new regulations which for the first time clearly define ‘enclosed spaces’ aboard merchant shipping and fishing vessels, and set out safety rules governing those spaces.’

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OUT-LAW.com, 8th March 2022

Source: www.pinsentmasons.com

JCT insolvency ruling: time limit on termination not condition precedent – OUT-LAW.com

Posted March 7th, 2022 in company law, construction industry, contracts, debts, insolvency, news, time limits by tracey

‘An English High Court ruling in an insolvency case concerning a Joint Contracts Tribunal (JCT) Minor Works contract (2011) could apply to other standard form contracts in the same suite, a legal expert has said.’

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OUT-LAW.com, 4th March 2022

Source: www.pinsentmasons.com

The director of an English mobile phone company, now in liquidation, has been held liable for both fraudulent trading and misfeasance for participation in missing trader intra-community (MTIC) VAT fraud. – OUT-LAW.com

‘The High Court upheld an application made by the liquidator of JD Group Ltd (“the company”) claiming that Deepak Bhatia, the company director, was engaged in fraudulent trading owing to knowledge that the company was associated with VAT fraud. Judge Agnello QC found that the manner in which the respective transactions were carried out provided clear evidence of this knowledge and that Bhatia’s conduct was dishonest in accordance with the objective standards of ordinary decent people.’

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OUT-LAW.com, 3rd March 2022

Source: www.pinsentmasons.com

English appeal court rules on assessment of indirect emissions in consent applications – OUT-LAW.com

‘Applications for planning permission for projects in England and Wales will need to provide “utmost clarity” on their potential indirect environmental impacts in the wake of a new court judgment.’

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OUT-LAW.com, 1st March 2022

Source: www.pinsentmasons.com

Expect forward-looking UK corporate tax reform in coming months – OUT-LAW.com

Posted February 18th, 2022 in consultations, corporation tax, government departments, news, taxation by sally

‘This year may finally provide the UK chancellor of the exchequer, Rishi Sunak, with an opportunity to develop medium to long-term strategic corporate tax policies.’

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OUT-LAW.com, 17th February 2022

Source: www.pinsentmasons.com

Council agrees to pay £3,600+ over failure to secure significant part of SEN support for autistic boy – Local Government Lawyer

‘A county council has agreed to pay more than £3,600 following a Local Government and Social Care Ombudsman (LGSCO) investigation into how a teenager on the autism spectrum was left without a significant proportion of his agreed special educational needs (SEN) support for up to three years.’

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Local Government Lawyer, 17th February 2022

Source: www.localgovernmentlawyer.co.uk

New English court witness statement rules have positive early effect – OUT-LAW.com

Posted February 8th, 2022 in drafting, evidence, news, practice directions, witnesses by sally

‘Last year, important new rules were introduced governing how witness statements are drafted and used in the Business and Property Courts (BPC) of England and Wales.’

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OUT-LAW.com, 7th February 2022

Source: www.pinsentmasons.com

BAILII: Recent Decisions

Posted February 7th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

CN, R. (On the Application Of) v The Secretary of State for Health and Social Care [2022] EWCA Civ 86 (04 February 2022)

Hughes v Rattan [2022] EWCA Civ 107 (04 February 2022)

Cassini SAS v Emerald Pasture Designated Activity Company & Ors [2022] EWCA Civ 102 (04 February 2022)

Court of Appeal (Criminal Division)

Ladbrook v R. [2022] EWCA Crim 113 (04 February 2022)

High Court (Administrative Court)

Sharipov & Ors, R (On the Application Of) v Director General of the Independent Office for Police Conduct & Ors [2022] EWHC 217 (Admin) (04 February 2022)

High Court (Chancery Division)

Evans & Anor v Joseph Joseph Ltd & Anor [2022] EWHC 192 (Ch) (04 February 2022)

High Court (Commercial Court)

Deutsche Bank AG London v Comune Di Busto Arsizio [2022] EWHC 219 (Comm) (04 February 2022)

Provimi France S.A.S. & Ors v Stour Bay Company Ltd [2022] EWHC 218 (Comm) (04 February 2022)

High Court (Family Division)

S (A Child) (1980 Hague Convention Stranding) [2022] EWHC 214 (Fam) (01 February 2022)

High Court (Queen’s Bench Division)

HM Senior Coroner for West Sussex v Chief Constable of Sussex Police & Ors [2022] EWHC 215 (QB) (04 February 2022)

Meric v Navis & Anor [2022] EWHC 221 (QB) (04 February 2022)

Source: www.bailii.org

Mirror publisher makes £2m interim payment in ‘phone hacking’ litigation – Law Society’s Gazette

Posted February 7th, 2022 in costs, damages, interception, media, news, privacy, telecommunications by tracey

‘The publisher of the Daily Mirror and the People has agreed to make an interim payment of just over £2m on account of costs racked up in the most recent ongoing “phone hacking” litigation, which has seen nearly 600 claims settled so far.’

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Law Society's Gazette, 4th February 2022

Source: www.lawgazette.co.uk