Mohamoud v Birmingham City Council – WLR Daily

Posted March 12th, 2014 in appeals, homelessness, housing, law reports, local government, statutory duty by tracey

Mohamoud v Birmingham City Council: [2014] EWCA Civ 227;   [2014] WLR (D)  119

‘The principle that a person conducting a review of a local housing authority’s decision as to what (if any) duty to provide accommodation it owed under section 193 of the Housing Act 1996 to an applicant could look at new matters to determine whether there was a “deficiency” in the decision for the purposes of regulation 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 was not confined to points which the applicant could not have taken at the outset.’

WLR Daily, 7th March 2014

Source: www.iclr.co.uk

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Deciding without a decision – NearlyLegal

‘R (on the application of PK) v Harrow LBC (2014) QBD Admin 30 January 2014. The Claimants were the children of M. The family was street homeless and destitute following eviction. It appears that Harrow had decided there was no duty to accommodate M, as the family was referred to Social Services.’

Full story

NearlyLegal, 9th February 2014

Source: www.nearlylegal.co.uk/blog/

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New Year, new tort of misuse of private information – UK Human Rights Blog

‘A group of UK Google users called ‘Safari Users Against Google’s Secret Tracking’ have claimed that the tracking and collation of information about of their internet usage by Google amounts to misuse of personal information, and a breach of the Data Protection Act 1998. The Judge confirmed that misuse of personal information was a distinct tort. He also held that the English courts had jurisdiction to try the claims.’

Full story

UK Human Rights Blog, 23rd January 2013

Source: www.ukhumanrightsblog.com

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Court rejects claim council owed duty to use general power of competence – Local Government Lawyer

Posted November 27th, 2013 in children, housing, human rights, immigration, local government, news, statutory duty by tracey

‘The High Court has dismissed a claimant’s argument that a London borough had a duty to use the general power of competence to provide her with accommodation and subsistence support.’

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Local Government Lawyer, 26th November 2013

Source: www.localgovernmentlawyer.co.uk

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On families, powers and duties to accommodate – NearlyLegal

‘R (on the application of MK) v Barking and Dagenham London Borough Council. A judicial review raising the extent of a Council’s duties and powers under s.17 Children Act 1989 and s.1 Localism Act 2011 (the general power of competence) in providing housing for someone not otherwise eligible for housing assistance.’

Full story

NearlyLegal, 26th November 2013

Source: www.nearlylegal.co.uk/blog/

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I don’t want to go to… Lambeth – NearlyLegal

Posted November 13th, 2013 in appeals, domestic violence, homelessness, housing, local government, news, statutory duty by tracey

“Can a refuge be a ‘residence of own choice’ for the purposes of Local Authority decisions about local connection in homeless applications? This is a rare Court of Appeal decision on the issue. In addition, can a Reg 8(2) ‘minded to’ letter requirement be triggered by events during the review and after a first ‘minded to’ letter has been sent?”

Full story

NearlyLegal, 10th November 2013

Source: www.nearlylegal.co.uk

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Tackling child abuse: is mandatory reporting the answer? – Halsbury’s Law Exchange

Posted November 11th, 2013 in child abuse, hospitals, local government, news, police, social services, statutory duty by michael

“Former Director of Public Prosecutions, Keir Starmer QC, has called for an overhaul of the law concerning safeguarding children. In a previous post I considered the current legislation and whether it goes far enough. I concluded that there is a need for a more general duty to have due regard to the need to eliminate abuse of minors over and above the existing welfare duty in s11 of the Children Act 2004.”

Full story

Halsbury’s Law Exchange, 8th November 2013

Source: www.halsburyslawexchange.co.uk

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Five disabled people win independent living fund appeal – The Guardian

“Five disabled people have won their court of appeal bid to overturn the government’s decision to abolish the independent living fund (ILF).”

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The Guardian, 6th November 2013

Source: www.guardian.co.uk

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Green v RBS: Lessons in Interest-Rate Hedge Products Litigation – Littleton Chambers

Posted October 30th, 2013 in appeals, consumer protection, duty of care, interest, limitations, news, statutory duty by sally

“Interest- Rate Hedge Products (‘IRHPs’) include a variety of different products sold to customers to help protect them against interest rate risk. The down side is that such products are often complex and structured to produce adverse financial effects for the customer if the Bank of England Base Rate (‘Base Rate’) goes down. And we all know that is exactly what has happened in recent years. This has given rise to a wave of IRHP mis-selling claims.”

Full story

Littleton Chambers, 23rd October 2013

Source: www.littletonchambers.com

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Sarjantson and another v Chief Constable of Humberside Police – WLR Daily

Sarjantson and another v Chief Constable of Humberside Police: [2013] EWCA Civ 1252;   [2013] WLR (D)  393

“The positive duty on the state (the police) to avert a real and immediate risk to life or injury, pursuant to articles 2 and 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, was not limited to identified or identifiable persons. It was sufficient that such potential victims were known or should be known to exist; and it made no difference that the risk arose during an incident which had already commenced.”

WLR Daily, 18th October 2013

Source: www.iclr.co.uk

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Should we have an enforceable right to food? – Professor Geraldine van Bueren Q.C. – UK Human Rights Blog

Posted October 21st, 2013 in enforcement, food, human rights, news, statutory duty by sally

“Nearly eight hundred years ago, in 1216 English law first recognized a right to food. Yet between April and September this year over 350,000 people received three days’ emergency food from the Trussell Trust food banks, triple the numbers helped in the same period last year.”

Full story

UK Human Rights Blog, 18th October 2013

Source: www.ukhumanrightsblog.com

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Council to pay out after housing families in B&Bs for longer than six weeks – Local Government Lawyer

“A local authority is set to pay out thousands of pounds after it housed 40 homeless families in bed and breakfast accommodation for longer than the recommended limit of six weeks.”

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Local Government Lawyer, 24th September 2013

Source: www.localgovernmentlawyer.co.uk

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The duty to give former looked after children assistance with education – Education Law Blog

Posted August 5th, 2013 in appeals, children, education, local government, news, statutory duty, universities by sally

“I posted back in February about the High Court’s decision in R (Kebede) v Newcastle City Council [2013] EWHC 355 (Admin) that local authorities have a duty (and not a discretion) to make a grant in relation to educational expenses and that this could include a grant for tuition fees.”

Full story

Education Law Blog, 4th August 2013

Source: www.education11kbw.com

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Brumder v Motornet Service and Repairs Ltd and another – WLR Daily

Brumder v Motornet Service and Repairs Ltd and another [2013] EWCA Civ 195; [2013] WLR (D) 102

“In a personal injury claim, it did not lie in the mouth of a claimant who was a defendant company’s sole director and shareholder to assert that the company had not proved that it had done all it could to ensure compliance with safety regulations when it was only through the claimant that the company could act. In such a case the company would be entitled to raise a defence to that effect.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

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Thames Water Utilities Ltd v Transport for London – WLR Daily

Posted January 23rd, 2013 in causation, law reports, negligence, nuisance, statutory duty, utilities by sally

Thames Water Utilities Ltd v Transport for London [2013] WLR (D) 15

“On the plain construction of regulation 19 of the Traffic Management Permit Scheme (England) Regulations 2007 a statutory undertaker could not avoid a criminal sanction where a person contracted to act on its behalf to undertake specified works in a specified street did so without a permit.”

WLR Daily, 17th January 2013

Source: www.iclr.co.uk

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Lord Chief Justice’s Report laid before House of Lords – Judiciary of England and Wales

“The latest Lord Chief Justice’s Report has been laid before the House of Lords.”

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Judiciary of England and Wales, 3rd August 2012

Source: www.judiciary.gov.uk

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Whitehead v Trustees of the Chatsworth Settlement – WLR Daily

Posted March 9th, 2012 in health & safety, law reports, personal injuries, statutory duty by tracey

Whitehead v Trustees of the Chatsworth Settlement: [2012] EWCA Civ 263;  [2012] WLR (D)  65

“Reasonable practicability was, at least in part, relevant to the assessment of both limbs of the duty on an employer, under regulation 12(1) of the Provision and Use of Work Equipment Regulations 1998, to take measures to ensure that the exposure of a person using work equipment to any risk to his health or safety from a regulation 12(3) hazard was either prevented, or, where that was not reasonably practicable, adequately controlled.”

WLR Daily, 8th March 2012

Source: www.iclr.co.uk

 

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Directors’ Fiduciary Duties – 11 KBW

Posted November 30th, 2011 in company directors, fiduciary duty, legislation, news, statutory duty by sally

“Were the statutory duties in the Companies Act 2006 intended to be simply a replacement without change?”

Full story (PDF)

11 KBW, 23rd November 2011

Source: www.11kbw.com

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Jenson and another v Faux – WLR Daily

Posted April 15th, 2011 in building law, defective premises, law reports, statutory duty by sally

Jenson and another v Faux [2011] EWCA Civ 423;  [2011] WLR (D)  133

“A contractor who carried out works to a dwelling owed a duty under section 1 of the Defective Premises Act 1972 to see that the work was done in a workmanlike or professional manner. That duty was owed to the person for whom the works were carried out and the purchaser to whom that property was subsequently sold where the dwelling was new, or if refurbished or extended, it was wholly different from the old dwelling. The Act did not apply to improvements which did not sufficiently change the character of the property so as to amount to a new dwelling.”

WLR Daily, 13th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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Baker v Quantum Clothing Group Ltd and others – WLR Daily

Posted April 15th, 2011 in health & safety, law reports, noise, statutory duty by sally

Baker v Quantum Clothing Group Ltd and others [2011] UKSC 17;  [2011] WLR (D)  132

“A workplace could be unsafe for the purposes of section 29(1) of the Factories Act 1961 if operations constantly and regularly carried on in it made it so. Section 29(1) applied to the risk of noise-induced hearing loss arising from such activities in relation to long-term employees. Safety had to be judged according to the general knowledge and standards of the time.”

WLR Daily, 13th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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