Barlow v Wigan Council [2019] EWHC 1546 (QB) The claimant, Deborah Barlow, brought a claim against the defendant, Wigan Metropolitan Borough Council for a trip which occurred on 21 September 2018. The claimant was walking along a path in Abram Park,...

  Practice and Procedure Patel and another v Patel and others [2019] EWHC 2643 (Ch) This case looks at the obligations of defendants under CPR Part 16.5 when preparing their defences and very clearly sets out that defendants: (a) must say which...

Practice and procedure Wickes Building Supplies Ltd v Blair [2019] EWCA Civ 1934 An employee had an accident at work. The court had to determine whether the claimant should be allowed to rely upon a witness statement which had not been filed and ser...

In these extraordinary times a number of insurers and “claimant” law firms have agreed a protocol that should avoid unnecessary procedural problems. The full and commendably concise text can be found here. In summary, signatories t...

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Site waste management plans will be necessary for construction and demolition work with effect from 6 April 2008. The Site Waste Management Plans Regulations 2008 require site waste management plans for all construction and engineering projects in ...

In its concern to block tax avoidance, HMRC is planning to make Stamp Duty Land Tax (SDLT) ever more complicated, as two recent consultations show. Residential properties held by companies The first consultation proposes the imposition of SDLT on ...

The Government has published a guidance note designed to help owners and occupiers understand how new rules requiring display energy certificates (DECs) in large public buildings will work in practice. The guidance also explains the responsibilities...

A landlord had acted reasonably in refusing consent to an assignment to a newly incorporated company, despite the landlord having the benefit of the previous tenant's covenant. Royal Bank of Scotland plc v Victoria Street (No 3) Ltd concerned a cov...

Land Registry fees will increase on 6 July 2009. A new Land Registry fee order has been published, increasing fees across the board for registration and information services from 6 July. The Land Registry is required to recover from its fees and c...

It is proposed that the rule against perpetuities should no longer apply to property transactions, but only for those entered into after the law has changed.   A Perpetuities and Accumulations Bill has been published and underwent its second re...

The Land Registry is changing its practice on the discharge of mortgages in cases where form DS1 is not available when the application is made to the Land Registry. On 3 August 2009, the Land Registry will implement an important change in practice ...

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Introduction The “No” vote by the people of Scotland to Scottish Independence removes some elements of uncertainty from the political and economic landscape in Scotland.  Nevertheless, the narrow margin of the vote against independe...

This week, an Advocate General gave a landmark opinion that the VAT exemption for the management of certain special investment funds can apply to property management, as well as to other fund management services. The opinion represents a completely ...

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Introduction A circular economy is an economic system characterised by the trading of products and services in closed loops or cycles. The system is designed to be regenerative insofar as it aims to retain as much value as possible from used product...

Introduction There has been significant debate amongst key stakeholders including government, mining companies, and environmental lobbyists regarding how mining companies should not only be held accountable for mine closure but also how the often va...

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On the 15 October 2019 the government published its consultation on the future trajectory of the Minimum Energy Efficiency Standard for commercial properties under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 ...

2019 will go down as the year when concerns about plastic pollution became main stream and when really for the first time consumers started to demand action.  As the year ended retailers issued pledges of one type or another focusing on removin...

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On 4 March 2020, the European Commission adopted its eagerly awaited European Climate Law proposal which will enshrine into EU legislation the European Union’s commitment to achieve net zero greenhouse gas emissions by 2050 (the “2050 Ob...

The Walloon government has decided, as from March 18, 2020, to temporarily suspend for 30 days all deadlines and appeal filing periods laid down in Walloon legislation. With regard to Walloon environmental law and permitting procedures, this results...

The Flemish Government has issued a decree on March 27, 2020 which entered into force with immediate effect, to extend for 30 days: 1. the 90-day period (becoming 120 days) for OVAM (the Flemish Waste Agency) to decide on the conformity of a soil re...

The Lagos State Government has discharged 48 more COVID-19 patients from its isolation centres.

Governor Babajide Sanwo-Olu disclosed this via his official Twitter handle on Thursday.

This brings the total recovery case in the state to 406. 

The governor said the patients, who were all Nigerians, include 32 males and 16 females.

He said, “The patients, 28 from the Mainland Infectious Disease Hospital, Yaba, six from Lekki, one from Onikan and 13 from LUTH Isolation Centre, were discharged having fully recovered and tested negative to #COVID19 in two consecutive readings.”

A document seen by SaharaReporters has exposed how serving and retired Nigerian judges are illegally preparing ways for their children and relatives to take over the country’s judicial system in future.

According to the document put together by Open Bar Initiative, out of the 33 names recently recommended to President Muhammadu Buhari by the National Judiciary Council for appointment as judges in the Federal Capital Territory High Court, only 11 met the criteria set out in the employment guideline of the council.

The NJC had on April 26, 2020 approved the appointment of 33 judges for the FCT High Court.

SaharaReporters gathered that 22 out of the 33 candidates presented to President Buhari made the list only because they were related to serving senior members of the judiciary or close aides and members of the NJC. 

Also, states that already have judges in the FCT High Court were reconsidered and given slots while no one was considered qualified for appointment in Ebonyi, a state that has no existing judge.

Section 255 of the constitution of the Federal Republic of Nigeria, 1999 (as amended), pegged qualification for becoming a judge in the High Court of the FCT to a minimum of 10 years qualification as a legal practitioner. 

Also Rule 4 of the NJC appointment of judges’ procedure, indicated only four classes of lawyers, who are qualified to apply and be recommended to be appointed as judges of a high court.

These are legal practitioners in private practice, legal practitioners in public service, who are legal officers, chief registrar of a court, and chief magistrates.

Those listed in the document seen by SaharaReporters among the 33 nominees to be considered as judges by President Buhari but, who are not qualified include Njideka K. Nwosu-Iheme, a Grade 1 Magistrate, who is the daughter of Justice Mary Odili of the Supreme Court and daughter-in-law to Justice Nwosu-Iheme of the Court of Appeal, Agashieze Cyprian Odinaka, a Deputy Director at FCTA whose sister is the Presiding Justice, Court of Appeal in Akure, Ondo State, Fatima Abubakar Aliyu, a judiciary worker, who is the daughter of immediate-past President of the Court of Appeal, Justice Bulkachuwa, Kanyip Rosemary Indinya, a senior magistrate at FCT and wife of the President of the National Industrial Court and sister of a member of the National Judicial Council.

Others are Mimi Anne Katsina Alu-Apena, a senior magistrate and daughter of late Kastina Alu, former Chief Justice of Nigeria, Enenche Eleojo, Assistant Director at FCT High Court and Personal Assistant to the Chief Judge, FCT High Court, Madugu Mohammed Alhaji, Josephine Obanor Enobie, Kayode Agunloye, Nwabulu Ngozika Chineze and Abubakar Babashani, who are senior staff of the FCT High Court but have not attained the rank of chief registrar as stipulated by the constitution.

The list also includes one one Aliyu Halilu Ahmed, a Deputy Chief Registrar from Adamawa State judiciary, who has not attained the rank of a chief registrar.

The rest are Aminu Muhammad Abdullahi, Nwecheonwu Chinyere Elewe, Ibrahim Mohammed, Sadia Mu’azu Mayana, Aliyu Yunusa Shafa, Mohammed Zubairu, Binta Dogonyaro, Christopher Opeyemi Oba and Hafsat Lawan Abba-Aliyu, all magistrates from the FCT judiciary, who are not up to the rank of a chief magistrate as stipulated in Rule 4 of the NJC appointment of judges procedure.

SaharaReporters also gathered that one Olufola Olufolashade Oshin did not participate in the processes leading up to selection, interview or obtaining recommendation from a Chief Judge of a state but her name was inserted into the final list transmitted to President Buhari at the instigation of some senior judicial officers believed to be top members of the Supreme Court.

Reacting to the development, Open Bar Initiative said, “The suggestion that judicial service in Nigeria is an inheritance transmitted from parents to children is not supported by the constitution or any other instrument under Nigerian law. 

“This is an abuse of the constitution by those who must nominate judges for appointment.”

Co-convener of Open Bar Initiative and former Chairman of the National Human Rights Commission in Nigeria, Prof Chidi Odinkalu, while reacting to the situation, said, “These are not just unqualified nominees, they are bad nominees because only bad people will want to become judges through smuggling. They will make bad judges, we should resist them and their sponsors.”

Voicing his displeasure on Twitter, a user with the handle @AbdulMahmud01, said, “Have you seen the list of newly appointed FCT judges approved by NJC? It is a parade of children of former CJN, retired Supreme Court justices and judges. NJC is simply put: a corrupt council of corrupt interests.”

Another user, @KennyAdazie, while sharing her thoughts on the issue, said, “The only people that can take back Nigeria are the youth. 

“If we don’t come out to stop this madness, the charade will continue. When they strategically place their own, they pave way for #impunities and come 2023, there is nothing you can do! The reason our legal system is in ruins.”

The Plateau State Government has discharged the state’s index case of Coronavirus from one of its isolation centres at Jos University Teaching Hospital after she made a full recovery.

Nathan Shehu, Consultant Physician, Infectious Disease, at JUTH, confirmed the recovery, saying she was fit to reintegrate into society.

He said, “The patient has recovered and is fit to reintegrate into the community. She no longer poses a risk. 

“The patient came asymptomatic; after treatment, her samples were taken and they all are negative, so she is discharged and can go home.

“The advice we will give her is the same we will give those in the community. She should maintain social distance, respiratory and cough etiquette and hand hygiene.”

The consultant, who was involved in managing the patient, urged the public not to stigmatise those treated and discharged.

The Rivers State Government has asked it's Attorney-General and Commissioner for Justice to auction all vehicles that were impounded for violating the state’s lockdown directive.

Paulinus Nsirim, the state's Commissioner for Information and Communications, in a statement on Thursday, said interested Nigerians should check selected Nigerian newspapers in order to place their bids.

The statement reads, “Government will deal decisively with the residents of these areas if they are found to default again. 

“Anyone parading exemption letters except the one issued by the governor is doing so at his or her own risk as such permits are invalid.

“The Attorney-General and Commissioner for Justice has been directed to auction all vehicles that violated the lockdown order.

“Members of the public who are interested to buy the auctioned vehicles are to watch out for details in The Sun, The Nation and Vanguard Newspapers.”

Kogi State governor, Yahaya Bello, has ordered visiting officials of the Nigeria Centre for Disease Control to go into isolation at a quarantine centre for 14 days.

Bello gave the directive on Thursday night when the NCDC officials led by Dr Andrew Noah showed up at the Government House, in Lokoja, the state capital.

The agency had sent a delegation of rapid response team to ascertain the true status of Kogi as a COVID-19-free state. 

The governor said that the step was to ensure that the laid down procedure of checkmating the scourge by NCDC was strictly followed.

Presenting a letter titled: “Deployment of Rapid Response Squad to help in fighting COVID-19,” Dr Noah explained that the mission of the NCDC was to provide logistics to all states of the federation of which Kogi could not be left out.

He said two members of the team would be left behind to help the state and support efforts already in place.

Speaking shortly after receiving the letter, Bello outlined steps taken so far by the state to fight the COVID-19 pandemic.

He then asked that the NCDC officials be subjected to testing and isolated in the state quarantine centre or leave the state immediately if they refused.

Eversheds Sutherland has announced 38 partner promotions across its global network. A total of 16 of these promotions are female which is in line with its goal to achieve 30% female representation at partner level by 2021.  In Asia, we are plea...

Eversheds Sutherland announces that it has made 38 partner promotions across its International and Europe network. A total of 16 of these promotions are female which is in line with its goal to achieve 30% female representation at partner level by 2...

The Courts Service has initiated a pilot virtual hearing programme (“Pilot Programme”), with Courts of a number of jurisdictions participating, in light of the ongoing nationwide Covid-19 restrictions. It is anticipated that, following c...

Eversheds Sutherland has advised the CEO and owner of saracus group on the sale of the group to an investment fund managed by private equity investor Maxburg Capital Partners. The parties agreed to keep the purchase price confidential. The client w...

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Reconsidered employment related Government measures The Government modified the previously introduced wage subsidies: wage subsidies for researcher and developer employees and short-time allowance can be applied for on more favourable terms, the app...

New Resourcing+ service gives clients ultimate flexibility with interim support Konexo, a division of Eversheds Sutherland, has launched Resourcing+ an evolution of its existing resourcing service to be rolled out across its global network.

A number of measures have been introduced in Ireland in recent weeks in light of the impact of the Covid-19 pandemic. Irish Revenue has also published a number of welcome guidelines and confirmations in an attempt to mitigate any detrimental effects...

Coronavirus restrictions are causing significant ongoing disruption and difficulties for employers, pension trustees, administrators and providers. To assist our clients during these unprecedented times, we are introducing a weekly pensions clinic. ...

This week marks another critical juncture in the ongoing fight against the economic challenges presented by the COVID-19 crisis. With the jobs retention scheme portal now open for applications since Monday 20 April 2020, many businesses and employer...

Eversheds Sutherland advised Optimas OE Solutions on the sale of part of its French business relating to certain industrial customers to Accursia Capital GmbH. This transaction took place in the context of the sale of other distinct parts of the Opt...

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Eversheds Sutherland advises Glennmont on the sale of a minority stake in 211MW Finnish wind project Eversheds Sutherland has advised Glennmont Partners on its agreed sale of a 15% minority stake in Project Piiparinmäki, a 211.4MW wind farm, to...