The decision - Court of Appeal in May 2016 gave an important decision on regulated activities performed by appointed representatives in Personal Touch Financial Services Limited -v- Simplysure Limited

Newey J has held that the provisions of the Mental Health Act 1983 (MHA) do not exclude the availability of a private law claim for unjust enrichment. The matter came before the court following an application by the defendant local authority and CCG (the authorities) to strike out a claim for restitution. The claim was based on an alleged failure by the authorities to carry out their duties to provide free after-care services under section 117 MHA (the claimant having funded these). 

Following the vote to leave the EU on 23 June 2016 there has been a lot of uncertainty around what the decision actually means. It would seem that no one who is likely to be involved in the BREXIT process has yet formulated a clear plan on what it will mean and how it will be implemented. However, it will undoubtedly result in big changes.

Last week advocate general Bot released an opinion in respect of a referral made by the national Czech Republic courts for a preliminary ruling on whether a bird strike should be considered an extraordinary circumstance (C-315/15 - Marcela Pešková, Jiří Peška -v- Travel Service as). Whilst advisory in nature, the opinion has concluded that bird strikes do not fall within the extraordinary circumstances defence currently available to carriers since, in his opinion, they are inherent in the normal exercise of the activity of a carrier.

The implications for the travel industry

An important judgment was handed down today in the High Court confirming that NHS England has the power to commission for preventative purposes under the NHS Act 2006 and the Act also confers upon it (NHS England) a broad discretion as to how it exercises its powers to achieve its target duties.

In a recent judgment, the court has confirmed that, in circumstances where a prisoner’s death is clearly due to natural causes, the procedural obligation under Article 2 ECHR is not engaged.

The recent case of Timothy Taylor Limited -v- Mayfair House Corporation and Another looks at the relationship between a landlord’s reserved right to build and a tenant’s right to enjoy the demised premises pursuant to the landlord’s covenant for quiet enjoyment. Although the action takes place in London, the principles are relevant wherever landlords undertake building works.

The Government has announced changes to Tier 2, the main immigration route for non-EEA nationals to apply to work in the UK. The Government says that these changes are to ensure that employers are incentivised to upscale and train resident workers whilst making sure they can continue to access migrant workers when needed. The changes to this immigration route will come into effect in two stages, autumn 2016 and April 2017, to ensure that businesses have sufficient time to prepare. The main changes are:

This is the final post of a series of quarterly blog posts on alliance contracting and it looks at the extent to which alliancing has been adopted in particular sectors in the UK. It considers some of the key differences between traditional contracts, partnering agreements and 'pure' alliancing contracts, and whether the perceived benefits of alliancing can be realised within a traditional contracting mind-set.

The Pensions Regulator (tPR) has issued a guidance statement to pension trustees following the UK’s vote to leave the EU, as market volatility has led to uncertainty about scheme funding plans and investments.

Last week saw CEDR Services Limited and Consumer Dispute Resolution Limited written into the legislation as designated ADR bodies for consumer complaints arising out of potential infringements of EC Regulation 261/2004 and EC Regulation 1107/2006.