‘It did seem to be expensive’ – Nearly Legal

Posted August 11th, 2015 in appeals, costs, landlord & tenant, leases, news, rent, service charges, tribunals by sally

If a head leaseholder, or managing company passes on as a service charge, rent charged by a freeholder for property in order to provide services, does this amount to a variable service charge for the purposes of s.18 Landlord and Tenant Act 1985, and so only payable if the rent costs were reasonably incurred and if the services or works to which they relate were of a reasonable standard?

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Nearly Legal, 9th August 2015

Source: www.nearlylegal.co.uk

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Court overturns relaxed planning requirements for smaller English housing sites – OUT-LAW.com

Posted August 10th, 2015 in appeals, codes of practice, equality, housing, local government, news, planning by sally

‘The UK government has been forced to withdraw the exemption from affordable housing contributions and the vacant building credit (VBC) for small housing developments in England after the High Court ruled it was unlawful.’

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OUT-LAW.com, 7th August 2015

Source: www.out-law.com

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The legal fog of war among the people – UK Human Rights Blog

Posted August 6th, 2015 in appeals, armed forces, detention, human rights, international law, news by sally

‘The Court of Appeal has held that UK armed forces breached both Afghan law and Article 5 of the ECHR by detaining a suspected Taliban commander for longer than the 96 hours permitted by ISAF policy.’

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UK Human Rights Blog, 5th August 2015

Source: www.ukhumanrightsblog.com

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Court of Appeal: Tenants on small claims track can be ordered to pay more than costs of issue – Litigation Futures

‘County courts can order tenants on the small claims track (SCT) to pay more than the costs of issuing the claim, the Court of Appeal has ruled.’
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Litigation Futures, 6th August 2015

Source: www.litigationfutures.com

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‘Wilful’ breach of lease not sufficient to allow landlord to terminate, court rules – OUT-LAW.com

Posted August 6th, 2015 in appeals, forfeiture, landlord & tenant, leases, news by sally

‘A tenant who “wilfully” breached the conditions of his lease by sub-letting to an obnoxious sub-tenant without the consent of the ultimate landlord should not be forced to forfeit the lease immediately, the Court of Appeal has ruled.’
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OUT-LAW.com, 5th August 2015

Source: www.out-law.com

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Regina (Giri) v Secretary of State for the Home Department – WLR Daily

Posted August 4th, 2015 in appeals, deceit, immigration, law reports, regulations by sally

Regina (Giri) v Secretary of State for the Home Department [2015] EWCA Civ 784; [2015] WLR (D) 341

‘On a claim for judicial review of a decision by the Secretary of State refusing to vary a foreign national’s leave to remain on the grounds of deception, the question of whether deception had been used was not a “precedent fact” to be determined by the court. Rather, the Secretary of State’s finding that deception had been used would be subject to review by the court on Wednesbury public law principles.’

WLR Daily, 28th July 2015

Source: www.iclr.co.uk

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Regina (Tigere) v Secretary of State for Business, Innovation and Skills (Just For Kids Law intervening) – WLR Daily

Regina (Tigere) v Secretary of State for Business, Innovation and Skills (Just For Kids Law intervening) [2015] UKSC 57; [2015] WLR (D) 342

‘The settlement criterion, which precluded persons with discretionary leave to remain in the United Kingdom from eligibility to receive student loans within the meaning of the Education (Student Support) Regulations 2011, discriminated unlawfully against a person with such leave who had lived and been educated in England for most of her life and was integrated into United Kingdom society.’

WLR Daily, 29th July 2015

Source: www.iclr.co.uk

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Regina v Brown (Edward) – WLR Daily

Posted August 4th, 2015 in appeals, crime, law reports, mental health, privilege, restraint, trials by sally

Regina v Brown (Edward) [2015] EWCA Crim 1328; [2015] WLR (D) 344

‘By way of an additional common law qualification or exception to the inviolable nature of legal professional privilege, and in what was likely to be an extremely narrow band of cases, it was appropriate to impose a requirement that particular individuals could be present at discussions between an individual and his lawyers if there was a real possibility that the meeting would be misused for a purpose, or in a manner, that involved impropriety amounting to an abuse of the privilege that justified interference.’

WLR Daily, 29th July 2015

Source: www.iclr.co.uk

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Regina v Bhatti – WLR Daily

Posted August 4th, 2015 in admissibility, appeals, consumer credit, crime, evidence, law reports by sally

Regina v Bhatti [2015] EWCA Crim 1305; [2015] WLR (D) 346

‘Where the police obtained financial information from a credit ratings agency in reliance on section 29(1) of the Data Protection Act 1998, such information having been obtained by the agency from customers who had expressly agreed in their credit applications and agreements that their data might be shared for the purpose of crime detection, prevention and prosecution, the procedural requirements of Schedule 1 to the Police and Criminal Evidence Act 1984 were not bypassed and the information was lawfully obtained, so that it was not precluded from admissibility in criminal proceedings.’

WLR Daily, 30th July 2015

Source: www.iclr.co.uk

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Ilott -v- Mitson: how will it affect future claims on Wills? – Halsbury’s Law Exchange

Posted August 4th, 2015 in appeals, charities, financial provision, news, wills by sally

‘No one can have avoided the recent publicity surrounding the case of Ilott -v- Mitson (2015). The case concerned the estate of the late Melita Jackson who died in 2004 and her estranged daughter Heather. Heather hadn’t been in touch with her mother since she left home at 17, 26 years previously, and who was excluded from her late mother’s Will. The daughter made a claim against Melita’s estate under the Inheritance (Provision for Family and Dependants) Act 1975 (the Act) for reasonable financial provision.’

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Halsbury’s Law Exchange, 3rd August 2015

Source: www.halsburyslawexchange.co.uk

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Supreme Court: a right to a student loan? – UK Human Rights Blog

Posted August 4th, 2015 in appeals, education, human rights, immigration, news, Supreme Court, universities by sally

‘Ms Tigere is 20. She arrived in the UK from Zambia when she was 6. She did very well at school. In 2013, she applied for a student loan to fund a university place.’

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UK Human Rights Blog, 3rd August 2015

Source: www.out-law.com

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Billet v Ministry of Defence– Ogden Tables Revisited – Zenith PI Blog

‘In 2009, the Claimant had been in the army and his role was as a HGV driver. He had been taking part in a field exercise in freezing weather and snow for six days having been provided with unsatisfactory footwear. The Claimant suffered a non-freezing cold injury to his feet. Despite treatment he still suffered symptoms in cold weather but was assessed as fit for service. The Claimant obtained an early termination of military service in 2011 because of family commitments. Due to the ongoing symptoms in his feet he issued a claim for damages against the MOD. Liability was agreed at 75% but the parties could not agree quantum.’

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Zenith PI Blog, 31st July 2015

Source: www.zenithpi.wordpress.com

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Subjective suitability – Nearly Legal

‘At issue in this second appeal from a s.204 appeal was whether it was reasonable for Ms Poshteh to have refused an offer of accommodation. Both parties agreed that the property was objectively suitable. The question then was the second part of the two stage test in Housing Act 1996 section 193(7F):

(7F) The local housing authority shall not –

(a) make a final offer of accommodation under Part 6 for the purposes of subsection (7);

… unless they are satisfied that the accommodation is suitable for the applicant and that it is reasonable for him to accept the offer.”’

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Nearly Legal, 2nd August 2015

Source: www.nearlylegal.co.uk

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Bedroom Tax and separated families – UT again – Nearly Legal

‘The Upper Tribunal has another go at the separated families issue in CH 0062 2015-00 and this time, unsurprisingly, shuts down completely the FTT dissenting position in a Middlesborough FTT decision, while upholding and amplifying MR v North Tyneside.’

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Nearly Legal, 1st August 2015

Source: www.nearlylegal.co.uk

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Gillingham and chairman Paul Scally fined £75,000 for ‘race victimisation’ – The Guardian

‘Gillingham and their chairman, Paul Scally, have each been fined £75,000 for “race victimisation” relating to the departure of the striker Mark McCammon in 2011.’

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The Guardian, 31st July 2015

Source: www.guardian.co.uk

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Disinheritance and the law: why you can’t leave your money to whoever you please – The Guardian

Posted August 3rd, 2015 in appeals, charities, consent, local government, news, probate, statistics, trusts, wills by sally

‘When Melita Jackson decided to disinherit her daughter Heather, she knew what she was doing, and her decision was clear. Now a court has ruled that Heather still has a right to a share of her estate. As Britain experiences a surge in will disputes, is our sense of what we owe our children changing?’

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The Guardian, 31st July 2015

Source: www.guardian.co.uk

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Judge refuses council permission to appeal decision on ownership of sculpture – Local Government Lawyer

Posted July 31st, 2015 in appeals, artistic works, local government, news by sally

‘A High Court judge has refused the London Borough of Bromley permission to appeal in its battle with the London Borough of Tower Hamlets over the ownership of a Henry Moore sculpture.’
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Local Government Lawyer, 30th July 2015

Source: www.localgovernmentlawyer.co.uk

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British forces illegally detained Afghan suspect, court of appeal rules – The Guardian

‘An Afghan suspect was detained illegally by British forces for almost four months and denied access to a lawyer, the court of appeal has ruled. Serdar Mohammed, who was captured by UK soldiers in April 2010, was not handed over to the Afghan security services until July that year, despite regulations requiring any transfer to take place within 96 hours. Mohammed, who was eventually released earlier this year to return to his home in Helmand province, claimed that the Afghan authorities tortured him.’

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The Guardian, 30th July 2015

Source: www.guardian.co.uk

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Court of Appeal agrees that Detained Fast Track appeals are inherently unfair – Free Movement

Posted July 30th, 2015 in appeals, asylum, case management, news by sally

‘In a judgment handed down this morning, the Court of Appeal has agreed with Nichol J’s earlier judgment in the High Court holding the Detained Fast Track appeal system to be inherently unfair. The new judgment is The Lord Chancellor v Detention Action [2015] EWCA Civ 840. The Home Office were an interested party.’

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Free Movement, 29th July 2015

Source: www.freemovement.org.uk

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R v R – WLR Daily

Posted July 30th, 2015 in appeals, EC law, financial provision, law reports, regulations, sanctions by sally

R v R [2015] EWCA Civ 796; [2015] WLR (D) 337

‘Neither article 9 of Council Regulation (EU) No 269/2014 nor regulation 10(2)(a) of the Ukraine (European Union Financial Sanctions) (No 2) Regulations 2014 were contravened by an order requiring a husband, who lived in Russia and who was subject to sanctions imposed by the EU Regulation, to pay interim maintenance into his former wife’s Russian bank account.’

WLR Daily, 24th July 2015

Source: www.iclr.co.uk

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