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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

Option agreements: court’s role not to ‘rewrite bad bargain’, says English judge – OUT-LAW.com

Posted January 24th, 2022 in construction industry, contracts, drafting, news, planning by tracey

‘It is not the role of the courts to “re-write a bad bargain” between commercial parties, an English judge has said, in a dispute over the wording of an option agreement.’

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OUT-LAW.com, 21st January 2022

Source: www.pinsentmasons.com

Should We All Have The Right To Die On Our Own Terms? – Each Other

Posted January 20th, 2022 in assisted suicide, bills, disabled persons, euthanasia, news by tracey

‘As the Assisted Dying Bill is scrutinised in parliament, the debate over whether terminally ill people should have the right to die is heating up again. So, what could a right to die look like in the UK?’

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Each Other, 20th January 2022

Source: eachother.org.uk

Some clinical trials will be able to be conducted in the UK without prior regulatory review under legislative reforms set out by regulators. – OUT-LAW.com

Posted January 20th, 2022 in consultations, health, medicines, news by tracey

‘The proposals, developed by the Medicines and Healthcare products Regulatory Agency (MHRA) and Health Research Authority (HRA) in collaboration with clinical research experts, are aimed at ending the existing “one size fits all” approach to clinical trials regulation in the UK and replacing it with a risk-based framework.’

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OUT-LAW.com, 18th January 2022

Source: www.pinsentmasons.com

Barry Bennell abuse claim falls on limitation and vicarious liability – UK Human Rights Blog

Posted January 20th, 2022 in child abuse, news, sexual offences, sport, vicarious liability by tracey

‘TVZ and Ors v Manchester City Football Club Ltd [2022] EWHC 7 (QB). Barry Bennell was a football coach who sexually abused a number of boys in the 1980s. He is serving a sentence of 34 years imprisonment and, at the age of 68, is likely to die in jail. The Claimants in this case were his victims. Mr Justice Johnson described each as a ‘remarkable’ men, courageously giving evidence and some waiving their rights to anonymity determined to do everything they could to encourage others to come forward and ensure Bennell was prosecuted and, ultimately, convicted. The issue in this case was not the veracity of their account – the judge made is explicitly clear they were believed and the Defendant did not question the fact the abuse had occurred. The dispute was whether civil liability attached to Manchester City football club for the abuse committed by Bennell. There were two fundamental hurdles for the Claimants: limitation and vicarious liability. On the particular facts, the court found that they failed to overcome both.’

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UK Human Rights Blog, 19th January 2022

Source: ukhumanrightsblog.com

Class actions in England and Wales – OUT-LAW.com

Posted January 10th, 2022 in civil procedure rules, class actions, competition, news by tracey

‘There has been a growing impetus in recent years to enable individuals in the UK to come together to bring the same or similar claims against those they believe are responsible for wrongdoing. These claims are commonly known as “class actions”, a term particularly popular in US litigation, though they are also often referred to as “group actions” or “collective actions” too. However, in fact, the various terms describe a range of different procedures. In this guide, which focuses on the position in England and Wales, we use the overarching phrase “mass actions”.’

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OUT-LAW.com, 7th January 2022

Source: www.pinsentmasons.com

Covid: Family of woman lose appeal against end-of-life ruling – BBC News

Posted December 16th, 2021 in appeals, coronavirus, families, medical treatment, news by sally

‘Relatives of a woman left brain-damaged and paralysed after contracting Covid-19 have lost an appeal against a ruling that she should be allowed to die.’

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BBC News, 15th December 2021

Source: www.bbc.co.uk

David Fuller jailed for murder of two women and abuse of over 100 corpses – The Guardian

Posted December 16th, 2021 in guilty pleas, hospitals, murder, news, sentencing by sally

‘A man who murdered two women then used a hospital job to prey like a “vulture” on more than 100 dead women in a mortuary, whose bodies he sexually assaulted, has been told by a judge he will die in jail.’

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The Guardian, 15th December 2021

Source: www.theguardian.com

Jersey approves assisted dying in principle in first for Britain – The Independent

Posted November 26th, 2021 in assisted suicide, Jersey, news by tracey

‘Jersey looks set to become the first place in Britain to approve assisted dying after a landmark vote by the island’s States Assembly. Law-makers supported a proposal that people should, in principle, be allowed to choose to die.’

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The Independent, 25th November 2021

Source: www.independent.co.uk

Court puts squeeze on orange juice cartel damages claims – OUT-LAW.com

‘A Brazilian company accused of being involved in an illegal cartel will not have to face mass damages claims in the UK after the High Court in London ruled that it does not have jurisdiction to consider the case.’

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OUT-LAW.com, 19th November 2021

Source: www.pinsentmasons.com

UK Supreme Court gives guidance on arbitration agreement applicable law – OUT-LAW.com

‘The UK Supreme Court has provided guidance on the English law approach to questions of the applicable law of an arbitration agreement in a key recent judgment.’

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OUT-LAW.com, 2nd November 2021

Source: www.pinsentmasons.com

Art collector’s court case signals potential legal and contractual issues with NFTs – OUT-LAW.com

Posted October 28th, 2021 in arbitration, artistic works, auctioneers, internet, news by sally

‘Liverpool-based art collector and computer programmer Amir Soleymani has recently filed a High Court claim against non-fungible token (NFT) marketplace Nifty Gateway, concerning the auction terms relating to his $650,000 third-place bid for digital artist Beeple’s “Abundance” NFT.’

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OUT-LAW.com, 26th October 2021

Source: www.pinsentmasons.com

Building safety regulations give industry clarity ahead of new legislation – OUT-LAW.com

Posted October 22nd, 2021 in bills, building law, construction industry, health & safety, housing, news, regulations by sally

‘The UK government has published several draft regulations designed to give parliamentarians a better idea of how the Building Safety Bill will be implemented.’

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OUT-LAW.com, 21st October 2021

Source: www.pinsentmasons.com

UK Competition Appeal Tribunal certifies first excessive pricing class action – OUT-LAW.com

Posted October 13th, 2021 in appeals, class actions, competition, damages, news, telecommunications by tracey

‘The Competition Appeal Tribunal (CAT) has given the go-ahead to the UK’s first “excessive pricing” abuse of dominance claim, which could involve up to 2.3 million customers and damages of up to £469 million, plus interest.’

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OUT-LAW.com, 12th October 2021

Source: www.pinsentmasons.com

The public law jurisdiction of the UK First-tier Tribunal in VAT cases – OUT-LAW.com

Posted October 6th, 2021 in HM Revenue & Customs, judicial review, jurisdiction, news, taxation, tribunals, VAT by sally

‘The UK’s First-tier tax Tribunal (FTT) has no general jurisdiction to judicially review decisions made by HM Revenue & Customs (HMRC), but it can consider public law arguments in some VAT appeals within its jurisdiction, the Upper Tribunal (UT) has said.’

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OUT-LAW.com, 5th October 2021

Source: www.pinsentmasons.com

BAILII: Recent Decisions

Posted September 28th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Cornerstone (North East) Adoption and Fostering Services Ltd, R. (On The Application Of) v HM Chief Inspector of Education, Children’s Services and Skills (OFSTED) [2021] EWHC 2544 (Comm) (24 September 2021)

Global Display Solutions Ltd & Ors v NCR Financial Solutions Group Ltd & Ors [2021] EWCA Civ 1399 (24 September 2021)

Huxtable, R (On the Application Of) v Secretary of State for Justice [2021] EWCA Civ 1394 (23 September 2021)

High Court (Administrative Court)

FF v Secretary of State for the Home Department [2021] EWHC 2566 (Admin) (24 September 2021)

Crowter & Ors, R (On the Application Of) v Secretary of State for Health And Social Care [2021] EWHC 2536 (Admin) (23 September 2021)

Wozniak v The Circuit Court In Gniezno, Poland [2021] EWHC 2557 (Admin) (23 September 2021)

High Court (Chancery Division)

Various Claimants v MGN Ltd [2021] EWHC 2519 (Ch) (24 September 2021)

CSB 123 Ltd, Re [2021] EWHC 2506 (Ch) (23 September 2021)

Willow Sports Ltd v Sportslocker24.com Ltd & Anor [2021] EWHC 2524 (Ch) (23 September 2021)

High Court (Commercial Court)

AIG Europe SA & Ors v John Wood Group Plc & Anor [2021] EWHC 2567 (Comm) (24 September 2021)

Lord & Anor v Maven Wealth Group Ltd & Ors [2021] EWHC 2544 (Comm) (24 September 2021)

Euronav NV v Repsol Trading SA (mt MARIA) [2021] EWHC 2565 (Comm) (24 September 2021)

High Court (Family Division)

Birmingham City Council v R & Ors [2021] EWHC 2556 (Fam) (21 September 2021)

High Court (Queen’s Bench Division)

Knights v Townsend Harrison Ltd [2021] EWHC 2563 (QB) (24 September 2021)

Source: www.bailii.org

Fear of more baby deaths as ministers stand firm on jailing pregnant women – The Guardian

‘Experts have warned that more babies could die in prison owing to the government’s expansion of female prison places and ministers’ refusal to grant multiple requests to end the incarceration of pregnant women.’

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The Guardian, 23rd September 2021

Source: www.theguardian.com

Ruling highlights risk of personal liability of partners in dental practices – OUT-LAW.com

Posted September 16th, 2021 in contracts, dentists, negligence, news, partnerships, self-employment, vicarious liability by tracey

‘A recent preliminary judgment by the High Court in London provides a stark reminder of the potential exposure for personal liability faced by partners in dental practices and the need for appropriate contractual protections to mitigate those risks.’

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OUT-LAW.com, 15th September 2021

Source: www.pinsentmasons.com

UK Supreme Court clarifies scope of ‘lawful act economic duress’ – OUT-LAW.com

Posted September 7th, 2021 in contracts, duress, news, Supreme Court by sally

‘A recent decision by the UK’s highest court has clarified the circumstances in which a party to a commercial contract is entitled to rescind that contract on the grounds of ‘economic duress’ under English law.’

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OUT-LAW.com, 6th September 2021

Source: www.pinsentmasons.com

Court clarifies law on pharma patent claims – OUT-LAW.com

Posted September 3rd, 2021 in appeals, disclosure, intellectual property, medicines, news, patents by tracey

‘Pharmaceutical manufacturers that claim patent rights over multiple compounds on the basis of a general formula will welcome a new ruling by the Court of Appeal in London, experts in patent litigation have said.’

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OUT-LAW.com, 2nd September 2021

Source: www.pinsentmasons.com