On 13 April 2015 the reforms amended by the Criminal Justice and Courts Act 2015 (CJCA 2015) came into force. These reforms make sweeping changes to the process of judicial review, with the aim of reducing the amount of unnecessary and weak claims, as well as apportion costs more fairly so they do not fall solely on the taxpayer. The reforms are not without controversy. Late last year Labour's Shadow Lord Chancellor and Justice Secretary Sadiq Khan described them as 'an unconstitutional attack on the rights of the British people'. [Read More...]

The consultation process concerning new sentencing guidelines for corporate manslaughter came to an end on the 18th February 2015. The guidelines aim to ensure the fines levelled by the court for corporate manslaughter convictions are severe enough to create a deterrent impact. The guidelines will also provide greater consistency in the sentencing of unusual cases of corporate manslaughter. [Read More...]

Fires caused by cut out fuses have always proved to be contentious when it comes to making a case for negligence. The reason? Firstly, it has always been difficult to establish that a cut-out fuse caused the fire in question, and secondly, even if it can be established that a distributer has a duty of care, how far can the scope of the duty extend? Is it reasonable to require electricity distributers’ to bear the cost of regular inspections and maintenance of all their domestic cut-out assemblies, especially if the link between a cut-out fuse and a fire is difficult to establish? [Read More...]

From 13th April 2015 defendants to a criminal charge who are found or plead guilty will pay up to £1,200.00 towards court costs under the Prosecution of Offences Act 1985 (Criminal Courts Charge) Regulations 2015. These charges are being introduced as a new way for the government to fund the criminal justice system, and it is estimated that by 2020 the government’s coffers could be replenished to the tune of £135 million. [Read More...]

The Self-build and Custom Housebuilding Bill was given its assent on 26th March 2015. The new Act will require local authorities to keep and publish a register of all persons and community organisations who wish to acquire land to self build. Local authorities will also be required to have regard to the registry when exercising planning, housing, regeneration and disposing of council land in order to offer suitable sites for those individuals wishing to self-build. [Read More...]

Timescale for bringing claim under The Civil Liability (Contribution) Act 1978 Act. Contribution claims - act prompt or risk the claim being statute barred. Implications of judgment in The Chief Constable of Hampshire Constabulary (HC) -v- Southampton City Council (SCC) [2014]. When does time start to run under The Civil Liability (Contribution) Act 1978. [Read More...]

The proceedings related to an adjudication concerning a building dispute. The Defendants invited the claimant construction company, Malcolm Charles Contracts Ltd (MCC), to tender for a contract to carry out work on their property. [Read More...]

You wait ages for a change in sentencing then two come along at once. Following on from the removal of the upper limit on magistrates' powers to fine comes the imposition of mandatory court charges to be paid on top of the fine, prosecution costs and victim tax. They come into effect on 13 April this year and seems apply to all offences sentenced on or after that date regardless of the date of commission [Read More...]