A duty to facilitate an individual’s release – No. 5 Chambers

‘The below article by Philip Rule, barrister at No5 Chambers, aims to offer a new potential for those with learning disability and/or autism, their families, and the many charities and NGOs that fight for the rights of these groups, to ensure things are improved for such individuals.’

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No. 5 Chambers, 2nd September 2015

Source: www.no5.com

Inquests & Deprivation of Liberty – No. 5 Chambers

Posted September 4th, 2015 in care homes, deprivation of liberty safeguards, detention, hospitals, inquests, news by sally

‘In December 2014, the Chief Coroner issued guidance as the approach to be taken when someone dies at a time when they are deprived of their liberty under the Mental Capacity Act 2005 (MCA 2005). Its effect is yet to be seen.’

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No. 5 Chambers, 2nd September 2015

Source: www.no5.com

Google says European Commission’s search engine dominance case is “wrong as a matter of fact, law and economics” – Zenith Chambers

Posted September 4th, 2015 in competition, internet, news by sally

‘Google has responded to the Commission’s Statement of Objections in its search engine dominance investigation, maintaining that the case is without factual, legal or economic foundation.’

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Zenith Chambers, 1st September 2015

Source: www.zenithchambers.co.uk

Personal Injury Newsletter – 39 Essex Street

Posted September 4th, 2015 in costs, hospitals, negligence, news, personal injuries, psychiatric damage by sally

Personal Injury Newsletter (PDF)

39 Essex Street, July 2015

Source: www.39essex.com

Planning, Environment and Property Newsletter – 39 Essex Chambers

Posted September 4th, 2015 in compulsory purchase, energy, environmental protection, housing, news, planning by sally

Planning, Environment and Property Newsletter (PDF)

39 Essex Chambers, July 2015

Source: www.39essex.com

The Meek Shall Inherit The Earth: Opening the Floodgates in Inheritance Act Actions? – Park Square Barristers

Posted September 4th, 2015 in charities, families, news, wills by sally

‘The case of Ilott v Mitson has received quite a lot of publicity last week. In brief, a woman who had been estranged from her late mother for 26 years since she was 17 was given an award from her mother’s estate under the Inheritance (Provision for Family and Dependants) Act 1975, despite the fact that her late mother had made it perfectly clear that she did not wish her daughter to get a penny. It sparked some controversy in the press and other media.’
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Park Square Barristers, 4th August 2015

Source: www.parksquarebarristers.co.uk

Liability of magistrates, coroners and quasi-judicial bodies for costs – Park Square Barristers

Posted September 4th, 2015 in commons, coroners, costs, land registration, magistrates, news, tribunals by sally

‘“Litigation is a hazardous and expensive business.”

Thus began the skeleton argument of my opponent in the Paddico case which I refer to below. He was (and remains) a leading counsel with a high reputation in the field of property work and he was, of course, correct.’

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Park Square Barristers, 11th August 2015

Source: www.parksquarebarristers.co.uk

“New law” is neither new nor law… – Park Square Barristers

Posted September 4th, 2015 in magistrates, news, prosecutions, road traffic offences by sally

‘In recent weeks Leeds Magistrates Court has found itself in the grip of a media frenzy for the dubious honour of hearing the “first ever prosecution” under the “new Law”’ for so called “middle-lane hogging”.’

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Park Square Barristers, 19th August 2015

Source: www.parksquarebarristers.co.uk

After Freifeld, when might a tenant be refused relief from forfeiture? – Tanfield Chambers

Posted September 4th, 2015 in covenants, forfeiture, landlord & tenant, leases, news by sally

‘In Freifeld v West Kensington Court Limited [2015] EWCA Civ 806, long-lessees had deliberately granted a future sub-lease of a commercial unit to a Chinese restaurant in breach of their alienation covenant not to sublet without landlord’s consent. An initial application for relief from forfeiture failed, because the tenants had wilfully breached their alienation covenant, and because there was an extensive history of neglectful management by the tenants of their obligations under the headlease. The judge concluded that the relationship between the tenants and their landlord had become dysfunctional and that it should not be re-imposed on the landlord by the grant of relief to the tenants.’
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Tanfield Chambers, 21st August 2015

Source: www.tanfieldchambers.co.uk

Myles Bradbury: Misconduct notices served on four police officers – BBC News

‘Gross misconduct notices have been served on four police officers in an inquiry into failings to alert local forces to paedophiles such as jailed Cambridge doctor Myles Bradbury.’

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BBC News, 4th September 2015

Source: www.bbc.co.uk

Payment Systems Regulator Publishes Guidance on Concurrent Competition Powers – Zenith Chambers

Posted September 4th, 2015 in banking, competition, financial regulation, news by sally

‘On 13 August 2015 the Payment Systems Regulator (PSR) issued guidance on how it will apply its concurrent competition law powers in relation to participation in payment systems.’

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Zenith Chambers, 26th September 2015

Source: www.zenithchambers.co.uk

Judge upholds challenge over town green and local authority land – Local Government Lawyer

Posted September 4th, 2015 in commons, judicial review, land registration, news by sally

‘A High Court judge has recently upheld a judicial review challenge by a campaigner over an inspector’s refusal of an application to register land in Exeter as a town green, it has been reported.’

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Local Government Lawyer, 4th September 2015

Source: www.localgovernmentlawyer.co.uk

CMA new voluntary redress rules provide a route to compensate victims of competition law infringements – Zenith Chambers

Posted September 4th, 2015 in compensation, competition, news, penalties by sally

‘The Competition and Markets Authority has finalised its guidance on its new powers to approve voluntary redress schemes with effect from 1 October 2015. It explains the circumstances in which the CMA and the concurrent competition regulators may offer up to a 20% discount in the administrative penalty where businesses who have infringed competition law establish schemes to compensate their victims.’

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Zenith Chambers, 18th August 2015

Source: www.zenithchambers.co.uk

Joint ownership and landlords: who serves notice? – Tanfield Chambers

Posted September 4th, 2015 in enfranchisement, landlord & tenant, leases, news, service charges by sally

‘Joint tenancy has been the only means of ownership of property at law since the Law of Property Act 1925 relegated tenancy in common to equitable ownership only. Despite the 90 years which have elapsed, joint ownership as it impacts on day to day management of residential leasehold property is not always understood. It is not uncommon, on an enfranchisement of a terraced house converted into two flats, for the freehold to be acquired by the two lessees jointly. What then? Must both decide on service charge expenditure together? What happens if one of the two refuses to join in, can the other sue? What if one of the two breaches their lease as leaseholder? These are issues which have often arisen in cases I have dealt with. The answers lie in an analysis of the trust law implications of joint ownership.’

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Tanfield Chambers, 18th August 2015

Source: www.tanfieldchambers.co.uk

Owners of dog which barked 43 times a minute fined – Daily Telegraph

Posted September 4th, 2015 in dogs, fines, news, noise, nuisance by sally

‘The owners of a dog which barked 43 times a minute for 20 minutes have been fined.’

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Daily Telegraph, 3rd September 2015

Source: www.telegraph.co.uk

Blindly Fumbling for Consent: PECR and Optical Express – Panopticon

Posted September 4th, 2015 in electronic commerce, electronic mail, enforcement, news, privacy by sally

‘PECR, long the runt of the information law litter, is beginning to take on a life of its own and, just as importantly, the ICO is beginning to really target spam texters and cold-callers. Recent changes to the enforcement provisions of PECR only assist in this task.’

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Panopticon, 3rd September 2015

Source: www.panopticonblog.com

Right to Rent – just how bad is it? – Nearly Legal

‘We though it would be bad. And thanks to the JCWI, we can now have an evidence based stab at an answer. JCWI co-ordinated an evaluation of the West Midlands pilot of ‘Right to Rent’ and have published the report.’

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Nearly Legal, 3rd September 2015

Source: www.nearlylegal.co.uk

Exams, ethics and roleplay: government reveals more details of solicitor apprenticeship route – The Lawyer

Posted September 4th, 2015 in legal education, news, solicitors by sally

‘The government has published the new assessment plans and standards for its ‘Trailblazer’ legal apprenticeships for qualification as a legal executive, paralegal or solicitor, with oral and written tests sitting alongside workplace assessment.’

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The Lawyer, 3rd September 2015

Source: www.thelawyer.com

Competition watchdog postpones publication of banking inquiry – The Guardian

Posted September 4th, 2015 in banking, competition, news, reports by sally

‘The Competition and Markets Authority has backtracked on its pledge to publish the provisional findings of its investigation into the banking sector this month.’
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The Guardian, 3rd September 2015

Source: www.guardian.co.uk