Airbnb – a quick buck or a catastrophic mistake? – Tanfield Chambers

Posted August 23rd, 2016 in covenants, holidays, housing, internet, landlord & tenant, leases, news by sally

‘The last few years have seen short term property letting sites such as Airbnb become the go-to way of booking holiday accommodation in Europe’s most popular cities. Millennial tourists are rejecting stuffy, expensive hotels, preferring instead the flexibility of their own apartment right in the middle of town where, in the words of Airbnb, they can “feel at home anywhere in the world”. In response, those who are lucky enough to own or occupy a city apartment have been quick to meet the demand, with new “hosts” joining the site every day. There are Airbnb kiosks on London’s high streets where tourists can book a property like they used to book a cab.’

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Tanfield Chambers, 5th August 2016

Source: www.tanfieldchambers.co.uk

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High Court rules council acted unlawfully in cuts to short break funding – Local Government Lawyer

Posted July 28th, 2016 in budgets, charities, children, equality, holidays, local government, news by tracey

‘The High Court has ruled that a local authority acted unlawfully when it reduced funding to voluntary sector organisations that offer short breaks to disabled children.’

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Local Government Lawyer, 28th July 2016

Source: www.localgovernmentlawyer.co.uk

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Isle of Wight Council can fight school holiday ruling – BBC News

Posted June 30th, 2016 in appeals, fines, holidays, local government, news, school children by tracey

‘A council has been told it can apply to challenge a High Court decision which ruled in favour of a father who took his daughter on holiday in term time.’

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BBC News, 30th June 2016

Source: www.bbc.co.uk

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Father who won High Court school holidays case eyes group litigation – Local Government Lawyer

‘The man who defeated Isle of Wight Council in a high-profile court battle over the enforcement of a fine imposed for taking his daughter to Florida during term time has unveiled plans to take forward group litigation.’

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Local Government Lawyer, 8th June 2016

Source: www.localgovernmentlawyer.co.uk

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A series of unfortunate events – Hardwicke Chambers

Posted June 2nd, 2016 in holidays, insurance, interpretation, law firms, negligence, news, solicitors by sally

‘Judges occasionally lighten their judgments with literary references. The quotation from Alice in Wonderland “Words mean what I want them to mean” is a favourite in cases involving the interpretation of contracts, and Shakespeare appears fairly regularly.’

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Hardwicke Chambers, 23rd May 2016

Source: www.hardwicke.co.uk

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Term-time holiday court ruling will cause ‘confusion’ – BBC News

Posted May 16th, 2016 in fines, holidays, news, parental responsibility, school children, truancy by sally

‘A High Court ruling backing a parent who refused to pay a fine for taking his child on holiday in term time will cause “huge confusion”, an MP has said.’

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BBC News, 14th May 2016

Source: www.bbc.co.uk

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High Court to rule on Isle of Wight term-time holiday case – BBC News

Posted May 13th, 2016 in fines, holidays, news, parental responsibility, school children, truancy by tracey

‘The case of a father who refused to pay a £120 fine for taking his daughter on an unauthorised term-time holiday is due to be heard by the High Court. Magistrates had ruled that Jon Platt had no case to answer as, overall, his daughter had attended school regularly. But Isle of Wight Council has asked the High Court to clarify whether a seven-day absence amounts to a child failing to attend regularly.’

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BBC News, 13th May 2016

Source: www.bbc.co.uk

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Parent who won term-time holiday court case fined again – Daily Telegraph

Posted February 4th, 2016 in education, fines, holidays, local government, news by tracey

‘ A man who successfully fought a prosecution for taking his kids out of school for a family holiday has been fined a second time by the same council. Jonathan Platt made headlines in October last year when he avoided prosecution for taking his six-year-old daughter to Disney World in term time, arguing that her unauthorised absence did not mean she failed to attend school on a regular basis.’

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Daily Telegraph, 3rd February 2016

Source: www.telegraph.co.uk

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Just walk away (beforehand) – Nearly Legal

Posted January 4th, 2016 in holidays, landlord & tenant, leases, news, service charges by sally

‘Briefly, the issue was that lease clauses for some (but not all) holiday chalet leases in the Gower effectively provided for a 10% per annum increase in fixed charges for maintenance etc. The compound effect of this was that leases that started with a £90 pa service charge in 1974 would have a charge of £1,025,004 pa by the end of the term in 2072. Even by 2012, the amount payable was considerably in excess of the actual costs to the landlord of the services.’

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Nearly Legal, 1st January 2016

Source: www.nearlylegal.co.uk

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Prosecuting parents for term-time holidays – Education Law Blog

Posted November 10th, 2015 in appeals, education, fines, holidays, local government, news, parental responsibility by sally

‘We posted last month about a decision by a magistrates’ court on the Isle of Wight to throw out the prosecution of a parent for taking his child on holiday during term time. The BBC reports that the local authority has appealed and that the question is whether “the unauthorised absence of a child for seven consecutive school days on holiday… amounts to the child failing to attend the school regularly“.’

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Education Law Blog, 5th November 2015

Source: www.education11kbw.com

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Home is where… the structure is annexed to the ground – Hardwicke Chambers

Posted August 27th, 2015 in holidays, landlord & tenant, news by sally

‘This was one of those rare cases where the facts just do not fit comfortably with the law.’
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Hardwicke Chambers, 12th August 2015

Source: www.hardwicke.co.uk

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A key new case on jurisdiction where an accident happens abroad during a holiday booked from the UK: Brownlie v Four Seasons Holdings Incorporated [2015] EWCA Civ 665 – Henderson Chambers

‘In a wide-ranging decision earlier this month, the Court of Appeal has clarified a number of key questions on jurisdiction where an accident happens abroad during a holiday booked from UK. Most significantly, Arden LJ (giving the leading judgment) held that direct damage in the jurisdiction is required to come within the tort jurisdictional gateway in the CPR, effectively overruling earlier first instance decisions that indirect or consequential damage was sufficient. While this would prevent many overseas accidents from being litigated in the UK, Arden LJ did carve out an exception for Fatal Accident Act claims, which she considered involved “direct damage” in the UK. She also took the opportunity to provide her own “gloss” on the so-called “Canada Trust gloss”. Peppered throughout the judgment are some blistering but instructive observations on defective witness statements.’

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Henderson Chambers, 24th July 2015

Source: www.hendersonchambers.co.uk

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Bailiffs visit parents who took child out of school – Daily Telegraph

‘Parents hit with £1,200 bill after taking teenage son on holiday during school term.’

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Daily Telegraph, 9th April 2015

Source: www.telegraph.co.uk

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Tina Love jailed over Butlins nose-bite panto attack – BBC News

Posted February 16th, 2015 in assault, grievous bodily harm, holidays, news, sentencing by sally

‘A woman who bit off part of another woman’s nose at Butlins during a children’s pantomime has been jailed.’

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BBC News, 13th February 2015

Source: www.bbc.co.uk

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Parents face court over term-time break after schools split on permission – The Guardian

Posted January 23rd, 2015 in education, families, fines, holidays, local government, news, school children by sally

‘A Rotherham couple have fallen foul of a government crackdown on term-time holidays after they applied for permission to take their two children on a family trip and were told that their daughter’s school had approved the request but their son’s had turned it down.’

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The Guardian, 22nd January 2015

Source: www.guardian.co.uk

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Accidents abroad: The need for evidence of local standards – Zenith PI Blog

‘A holidaymaker who sustained personal injuries from slipping on a wet staircase in a hotel in Spain succeeded at first instance in a claim against the holiday operator. The Court of Appeal overturned the first instance decision where there had been no evidence of local standards of care and the judge had wrongly imposed an evidential burden of proof on the holiday company to prove it exercised reasonable care and skill in performance of the contract.’

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Zenith PI Blog, 13th January 2015

Source: www.zenithpi.wordpress.com

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Parents seek judicial review of term-time holiday crackdown – The Guardian

Posted May 27th, 2014 in holidays, judicial review, news, school children by sally

‘Campaigners are seeking permission for a judicial review of the government’s crackdown on parents taking their children out of school during term time.’

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The Guardian, 25th May 2014

Source: www.guardian.co.uk

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Mother escapes fine for taking children out of school to go on holiday because they were star pupils – Daily Telegraph

Posted May 2nd, 2014 in fines, holidays, news, parental responsibility, school children by tracey

‘The mother of two, who was prosecuted for taking her two children out of school for five days to go to a UK holiday camp, does not have to pay a fine because the children’s education is “well up to standard”, court hears.’

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Daily Telegraph, 2nd May 2014

Source: www.telegraph.co.uk

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Supreme Court decision provides much-needed clarity on VAT status of online tour operators, says expert – OUT-LAW.com

Posted March 6th, 2014 in agency, holidays, news, Supreme Court, taxation, VAT by tracey

‘A travel company which marketed and arranged the sale of holiday accommodation to holidaymakers through its website was acting as an “agent” for the providers of that accommodation, and so did not have to account for VAT on those sales, the UK’s highest court has ruled.’

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OUT-LAW.com, 5th March 2014

Source: www.out-law.com

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Injured holidaymaker entitled to compensation, but Court of Appeal upholds ‘local standards’ defence – OUT-LAW.com

Posted November 12th, 2013 in appeals, compensation, health & safety, holidays, news, personal injuries by tracey

“The High Court was wrong to state that a Barbados hotel had to comply with the latest safety standards on an ongoing basis in order for a tour operator to escape liability for injury to a holidaymaker, the Court of Appeal has ruled.”

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OUT-LAW.com, 11th November 2013

Source: www.out-law.com

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