Unelected judges decline to prevent deportation of foreign criminal – UK Human Rights Blog

Posted November 17th, 2016 in appeals, deportation, human rights, news, Supreme Court, treaties by sally

‘Amid a level of scrutiny unprecedented in the Supreme Court’s seven-year history, that is a headline unlikely to make it into tomorrow’s tabloids.’

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UK Human Rights Blog, 16th November 2016

Source: www.ukhumanrightsblog.com

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Magistrate court cases take a week longer to complete – BBC News

Posted November 17th, 2016 in appeals, courts, delay, magistrates, news, trials by sally

‘A victim’s charity says growing court delays are damaging “the public’s confidence in the criminal justice system”.’

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BBC News, 17th November 2016

Source: www.bbc.co.uk

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Tribunal rejects FOI request over code of conduct complaints process – Local Government Lawyer

‘It is important that a council’s code of conduct complaints process remains confidential, the First-tier Tribunal has said in rejecting an appeal over the refusal of a freedom of information request.’

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Local Government Lawyer, 16th November 2016

Source: www.localgovernmentlawyer.co.uk

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The Brexit Article 50 Ruling In Plain English – RightsInfo

Posted November 16th, 2016 in appeals, EC law, news, parliament, royal prerogative, Supreme Court, treaties by sally

‘The High Court has ruled that the UK Government cannot legally begin the process of leaving the EU without first consulting Parliament. What does the decision mean for our rights and what happens next?’

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RightsInfo, 11th November 2016

Source: www.rightsinfo.org

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Private hospital surgeon jailed over death of patient has conviction quashed on appeal – Daily Telegraph

Posted November 16th, 2016 in appeals, doctors, negligence, news, sentencing by sally

‘A surgeon who served a jail sentence over the death of a patient at a private hospital has won an appeal against his conviction.’

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Daily Telegraph, 15th November 2016

Source: www.telegraph.co.uk

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Hacking suspect Lauri Love criticises justice system – BBC News

Posted November 16th, 2016 in appeals, autism, computer crime, criminal justice, extradition, news by sally

‘An autistic man facing claims he hacked US government computer systems has criticised a ruling to extradite him.’

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BBC News, 15th November 2016

Source: www.bbc.co.uk

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CA upholds refusal to grant relief to solicitors who served witness statements late – Litigation Futures

Posted November 15th, 2016 in appeals, civil procedure rules, law firms, news, sanctions, solicitors, time limits, witnesses by tracey

‘Solicitors who served witness statements two months late cannot call any witnesses at trial after the Court of Appeal upheld the first instance judge’s decision to refuse relief from sanctions.’

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Litigation futures, 14th November 2016

Source: www.litigationfutures.com

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Lauri Love extradition: British hacker who breached US government computers to be handed to US by Amber Rudd – The Independent

Posted November 15th, 2016 in appeals, autism, computer crime, extradition, interception, internet, news by tracey

‘Home Secretary Amber Rudd has authorised an order extraditing Lauri Love to the US, where he is accused of hacking into government computers.’

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The Independent, 14th November 2016

Source: www.independent.co.uk

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NHS to consider funding ‘game-changer’ HIV drugs as High Court dismisses appeal – Daily Telegraph

Posted November 11th, 2016 in appeals, budgets, HIV, medicines, news by tracey

‘The NHS will be forced to formally consider whether to fund pills to prevent HIV despite claiming that doing so could mean cancer victims and children with cystic fibrosis are refused treatment.’

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Daily Telegraph, 10th November 2016

Source: www.telegraph.co.uk

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Employment Appeal Tribunal confirms that judges don’t work for a living… – Cloisters

‘… they do, however, faithfully and diligently discharge their office and can be, of course, in an employment relationship.’

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Cloisters, 31st October 2016

Source: www.cloisters.com

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Cardiff v Lee: Permission needed to enforce a suspended possession order – Hardwicke Chambers

‘Last week, the Court of Appeal handed down judgment in the case of Cardiff County Council v Lee (Flowers) [2016] EWCA Civ 1034, confirming that all landlords, whether social or private, are required to seek the permission of the County Court under CPR r83.2 in order to obtain a warrant of possession for breach of a suspended possession order.’

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Hardwicke Chambers, 26th November 2016

Source: www.hardwicke.co.uk

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With and without foundation – Bedroom tax in Supreme Court – Nearly Legal

‘The Supreme Court has handed down its judgment in the culmination of years of cases on the discriminatory impact of the ‘removal of the spare room subsidy’ – the bedroom tax. The outcome was mixed, even including a split judgment on one case, but in at least one respect, the bedroom tax regulations were held to unlawfully and unjustifiably discriminate against households with disabled members.’

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Nearly Legal, 9th November 2016

Source: www.nearlylegal.co.uk

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Families win supreme court appeals over ‘unfair’ bedroom tax – The Guardian

‘Two families who claimed that the bedroom tax, which restricts housing subsidies, was unfair have won their appeals against the UK government at the supreme court.’

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The Guardian, 9th November 2016

Source: www.guardian.co.uk

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Form over substance? The ‘But For’ Test after Tiuta – Hardwicke Chambers

Posted November 9th, 2016 in appeals, negligence, news, valuation by sally

‘The case throws up an interesting issue as to both the application and scope of the ‘but for’ test in professional negligence claims by lenders against valuers where there has been re-financing of the original lending transaction. The fact that the Court of Appeal was split in its decision, and the fact that an application for permission to appeal is currently outstanding to the Supreme Court, demonstrate the complexities of the legal position.’

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Hardwicke Chambers, 4th November 2016

Source: www.hardwicke.co.uk

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Fairhold Freeholds No. 2 Limited v Moody [2016] UKUT 311 (LC) – Tanfield Chambers

Posted November 9th, 2016 in appeals, costs, fees, indemnities, landlord & tenant, leases, news, tribunals by sally

‘The Upper Tribunal (Lands Chamber) has held that an indemnity given in a lease can be viewed as a promise by the tenant to protect the landlord from the landlord’s liability to a third party. For the tenant to be liable, the tenant’s breach must be the reason for the landlord’s liability to the third party. In this case, the indemnity was not drafted widely enough to render the tenant responsible for the administrative and legal costs incurred by the landlord once the ground rent had been tendered (even though it was tendered late).’

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Tanfield Chambers, 10th October 2016

Source: www.tanfieldchambers.co.uk

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Whistleblowing Detriment and the Liability of Co-Workers: Valuable or Valueless? By Daniel Northall – Littleton Chambers

Posted November 9th, 2016 in appeals, compensation, employment, news, whistleblowers by sally

‘The Enterprise and Regulatory Reform Act 2013 introduced a substantial amendment to s.47B Employment Rights Act 1996. The newly inserted subsections (1A) – (1E) allowed a worker to bring an action for whistleblowing detriment against a co-worker or agent of the employer directly.’

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Littleton Chambers, 7th November 2016

Source: www.littletonchambers.com

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Nemcova v Fairfield (‘the Airbnb ruling’): Stirring up the Hornets’ Nest of Short-Term Lets – Hardwicke Chambers

Posted November 9th, 2016 in appeals, covenants, hotels, landlord & tenant, leases, news, tribunals by sally

‘In Nemcova v Fairfield Rents Ltd [2016] UKUT 303 (LC), in what has become known as ‘the Airbnb ruling’, the Upper Tribunal gave guidance on the circumstances in which short-term lets might amount to a breach of covenant prohibiting the use of a property for anything other than ‘a private residence’. In this article, Jamal Demachkie (who acted for the successful landlord at first instance and on appeal) provides his analysis of this important decision.’

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Hardwicke Chambers, 12th October 2016

Source: www.hardwicke.co.uk

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23 Dollis Avenue (1998) Limited v Vejdani [2016] UKUT 365 – Tanfield Chambers

Posted November 9th, 2016 in appeals, consultations, news, regulations, service charges, tribunals by sally

‘A failure to comply with the Service Charge (Consultation Requirements) (England) Regulations 2003 (“the Regulations”) could be relevant to the reasonableness of the amount of service charge to be paid under section 19(2) of the Landlord and Tenant Act 1985. However, it is simply one factor to be considered. In the instant case, the non-compliance comprised including within the estimate the estimated cost of works not within the proposed works; the amount demanded would be reduced by excluding that ‘extra’ work.’

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Tanfield Chambers, 10th October 2016

Source: www.tanfieldchambers.co.uk

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Some Lessons from Uber – No. 5 Chambers

Posted November 9th, 2016 in appeals, employment, news, self-employment, taxis, tribunals by sally

‘Anthony Korn highlights some lessons from the much publicised and controversial tribunal ruling in Aslam and Farrar v Uber BV, Uber London Ltd and Uber Britannia Ltd (case Nos 2202551/2015).’

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No. 5 Chambers, 31st October 2016

Source: www.no5.com

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Sinclair Gardens Investments (Kensington) Ltd v Wisbey [2016] UKUT 203 (LC) – Tanfield Chambers

Posted November 9th, 2016 in appeals, costs, landlord & tenant, leases, news, tribunals by sally

‘Solicitors costs of and incidental to the preparation of a counter notice were recoverable under s. 60 LRHUDA 1993. There ought to be some reduction in costs where a landlord was dealing with multiple claims involving the same building.’

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Tanfield Chambers, 1st November 2016

Source: www.tanfieldchambers.co.uk

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