Iraq War: Lawyer admits misconduct over Army abuse claims – BBC News

‘A human rights lawyer who brought murder and torture claims against UK troops has admitted misconduct charges.’

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BBC News, 8th December 2016

Source: www.bbc.co.uk

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Rather too certain to be uncertain – Nearly Legal

Posted December 9th, 2016 in appeals, contracts, council tax, landlord & tenant, news, tribunals, valuation by sally

‘This was Leeds’ second appeal of a Valuation Tribunal decision on council tax liability. We covered the first High Court appeal here. Full disclosure, I acted for the intervener in this second appeal, the Residential Landlords Association, with Justin Bates (or as it turns out, Bate) as counsel.’

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Nearly Legal, 8th December 2016

Source: www.nearlylegal.co.uk

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Housing benefit – Local Government Law

Posted December 8th, 2016 in appeals, benefits, housing, local government, news, social security, tribunals by tracey

‘Housing benefit is “a means tested benefit provided under section 130 of the Social Security Contributions and Benefits Act 1992 and subordinate regulations”. Its “purpose is to help claimants with their rental costs”. There is “a prescribed mechanism for determining in each case the appropriate maximum housing benefit”.’

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Local Government Law, 5th December 2016

Source: www.11kbw.com/blogs/local-government-law

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Tribunal: ‘public interest’ need for social housing justified breach of covenant – OUT-LAW.com

‘A tribunal has agreed to a property developer’s request to modify a restrictive covenant preventing the use of land for anything other than car parking, even though the developer had already built social housing on the land in breach of that covenant.’

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OUt-LAW.com, 6th December 2016

Source: www.out-law.com

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Contractual indemnity clauses and costs of service charge proceedings in the First-Tier Tribunal – Hardwicke Chambers

Posted December 1st, 2016 in costs, indemnities, landlord & tenant, leases, news, tribunals by sally

‘A landlord may rely on a contractual indemnity clause in a lease to claim as an administration charge the whole of the costs of service charge proceedings in the First Tier Tribunal (Property Chamber) even where it has already been awarded some of its costs under rule 13(1)(b) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, as Martin Rodger QC, Deputy President, has held in 87 St George’s Square Management Ltd v Whiteside [2016] UKUT 438 (LC).’

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Hardwicke Chambers, 14th November 2016

Source: www.hardwicke.co.uk

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Exclusive: High Court lambasts BSB for “seriously mishandling” disciplinary case – Legal Futures

Posted November 28th, 2016 in barristers, case management, disciplinary procedures, news, solicitors, tribunals by tracey

‘The High Court has overturned a disciplinary finding against a barrister after finding that the Bar Standards Board “seriously mishandled” the case.’

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Legal Futures, 28th November 2016

Source: www.legalfutures.co.uk

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In residence – New Law Journal

Posted November 22nd, 2016 in covenants, hotels, housing, leases, news, rent, tribunals by sally

‘Tamsin Cox & Julia Petrenko examine a useful authority for freeholders of residential buildings in relation to Airbnb.’

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New Law Journal, 18th November 2016

Source: www.newlawjournal.co.uk

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High Court: Time to consider lowering burden of proof in the Solicitors Disciplinary Tribunal – Legal Futures

‘It is time to consider lowering the burden of proof used by the Solicitors Disciplinary Tribunal (SDT) from the criminal to the civil standard, Sir Brian Leveson, the president of the Queen’s Bench Division has said.’

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Legal Futures, 11th November 2016

Source: www.legalfutures.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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Chilcot, Blair and FOIA – Panopticon

Posted November 16th, 2016 in freedom of information, inquiries, Iraq, news, tribunals by sally

‘FOIA remains a potent tool for enhancing transparency on issues of great public importance. Two recent decisions – concerning the Chilcot Inquiry and the post-prime ministerial activities of Tony Blair – are good current illustrations.’

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Panopticon, 10th November 2016

Source: www.panopticonblog.com

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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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See you in court: judges prepare to sue lord chancellor – Law Society’s Gazette

‘The Ministry of Justice has refused to comment ahead of a potentially embarrassing case in which serving judges will sue the lord chancellor over their pension arrangements.’

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Law Society’s Gazette, 10th November 2016

Source: www.lawgazette.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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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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Landlord & Tenant – Unlawful sub-letting – Tanfield Chambers

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

‘The Upper Tribunal upheld the FTT’s determination that the lessee had breached a covenant in her lease not to use her flat other than as a private residence by granting a series of short-term lettings of the property. The fact that the lessee had granted the lettings meant that her occupation of the flat was so transient and not sufficiently permanent that she would not consider the property her private residence.’

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Tanfield Chambers, 10th October 2016

Source: www.tanfieldchambers.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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Denholm v Stobbs [2016] UKUT 288 (LC) (aka “12 Needham Road”) – Tanfield Chambers

Posted November 9th, 2016 in appeals, leases, news, tribunals by sally

‘In a decision which post-dated Sloane Stanley v Mundy, the Upper Tribunal, arrived at relativity by making a deduction from the Gerald Eve graph on the basis that the graph “might overstate relativities” and accepted, on the material before it, that there was a “slight differential between properties in PCL and properties just outside it”.’

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Tanfield Chambers, 1st November 2016

Source: www.tanfieldchambers.co.uk

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Tribunal starts hearing competition law action brought against Law Society – Legal Futures

‘The Competition Appeal Tribunal will today begin hearing a training provider’s claim that the Law Society acted anti-competitively by requiring law firms to buy its own training in order to maintain their Conveyancing Quality Scheme (CQS) accreditation.’

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Legal Futures, 8th November 2016

Source: www.legalfutures.co.uk

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