April 2013 – Page 13 – Current Awareness

Protect your deposits! Assured shorthold tenancies and rent deposits – Hardwicke Chambers

Posted April 17th, 2013 in deposits, landlord & tenant, news by sally

“It is a common problem with assured shorthold tenancies of a flat or a house. An unscrupulous landlord takes a deposit from a tenant and then, at the end of the tenancy, refuses to return the deposit on some largely trumped up basis. In effect the landlord challenges the tenant to sue him for return of the deposit. The sums involved are important to the tenant losing them, but in reality are so small that the time and money required to recover them through the Courts is disproportionate. The landlord gets a windfall.”

Hardwicke Chambers, 15th April 2013

Source: www.hardwicke.co.uk

The Scope Of The Duty Of Fidelity – No. 5 Chambers

Posted April 17th, 2013 in contracts, employment, fiduciary duty, news by sally

“What are the duties of an Employee who is approached by a family member to supply goods or services to his Employer?”

No. 5 Chambers, 18th March 2013

Source: www.no5.com

Don’t look down: The decision in El-Dinnaoui v Westminster City Council – Hardwicke Chambers

Posted April 17th, 2013 in appeals, evidence, homelessness, housing, local government, news by sally

“The duty that local authorities have to accommodate homeless applicants in priority need is well established. But that duty, in section 193 of the Housing Act 1996, ceases to apply if a homeless applicant refuses to accept accommodation which is suitable for them.”

Hardwicke Chambers, 12th April 2013

Source: www.hardwicke.co.uk

Managing the manifestation of faith in the workplace – No. 5 Chambers

Posted April 17th, 2013 in employment, freedom of expression, human rights, news, religious discrimination by sally

“Fatim Kurji considers the European Court of Human Rights’ verdict in the case of Eweida & Others v The United Kingdom [2013] IRLR 231.”

No. 5 Chambers, 18th March 2013

Source: www.no5.com

LIBOR Cases – A Return to Normality? – Littleton Chambers

Posted April 17th, 2013 in amendments, banking, financial regulation, interest, misrepresentation, news by sally

“Last year I discussed Mr Justice Flaux’s decision in Graiseley Properties Limited and others v Barclays Bank plc [2012] EWHC 3093 (Comm) (see Littleton Comment on 4 December 2012). In that case Flaux J. had allowed amendments to plead fraudulent misrepresentation and breach of implied terms in relation to LIBOR which smoothed the path to claims which were, in essence, that the Bank had sold LIBOR-related products when it knew that its employees were attempting to ‘rig’ LIBOR rates for their own purposes (i.e. making their trades profitable) and that such conduct would disadvantage clients who relied on the Bank not attempting to manipulate LIBOR rates. Although I pointed out that allowing the amendments, which lacked the particularity to be expected, was unusual, I also observed that ‘This is a welcome and realistic approach to the difficulties faced by customers in claims against banks.'”

Littleton Chambers, 15th April 2013

Source: www.littletonchambers.com

Recent Statutory Instruments – legislation.gov.uk

Posted April 17th, 2013 in legislation by sally

The Renewable Transport Fuel Obligations (Amendment) Order 2013

The Town and Country Planning (Temporary Stop Notice) (England) (Revocation) Regulations 2013

The Mid Staffordshire NHS Foundation Trust (Appointment of Trust Special Administrators) Order 2013

The Sheffield City Council (Bus Rapid Transit Northern Route—Tinsley Link—Fitzwilliam Bridge) Scheme 2012 Confirmation Instrument 2013

Source: www.legislation.gov.uk

Fourth pillar of the welfare state – Garden Court Chambers Blog

Posted April 17th, 2013 in benefits, budgets, legal aid, news by sally

“On April 1 cuts of £350 million from the legal aid budget of £2.1 billion came into effect.”

Garden Court Chambers Blog, 16th April 2013

Source: www.gclaw.wordpress.com

YouView launch ads banned – The Guardian

Posted April 17th, 2013 in advertising, complaints, consumer protection, internet, news by sally

“Virgin Media has won a victory against fledgling rival YouView, getting its launch TV and press campaign banned after the advertising watchdog ruled that claims it is ‘unique’ and the ‘easiest’ service were untrue.”

The Guardian, 17th April 2013

Source: www.guardian.co.uk

Regina (Bibi) v Secretary of State for the Home Department; Regina (Ali) v Same(Liberty and Joint Council for the Welfare of Immigrants intervening) – WLR Daily

Posted April 17th, 2013 in amendments, families, human rights, immigration, judicial review, law reports, regulations by sally

Regina (Bibi) v Secretary of State for the Home Department; Regina (Ali) v Same(Liberty and Joint Council for the Welfare of Immigrants intervening) [2013] EWCA Civ 322; [2013] WLR (D) 139

“The requirement that a foreign spouse or partner of a British citizen or person settled in the United Kingdom produce a test certificate of knowledge of the English language to a prescribed standard prior to entering the United Kingdom was proportionate.”

WLR Daily, 12th April 2013

Source: www.iclr.co.uk

Flatman v Germany(Law Society intervening); Weddall v Barchester Health Care Ltd (Same intervening) – WLR Daily

Posted April 17th, 2013 in costs, disclosure, fees, law reports, personal injuries, solicitors by sally

Flatman v Germany(Law Society intervening); Weddall v Barchester Health Care Ltd (Same intervening) [2013] EWCA Civ 278; [2013] WLR (D) 138

“The funding of a client’s disbursements by a solicitor did not, without more, justify the making of an adverse costs order against that solicitor.”

WLR Daily, 10th April 2013

Source: www.iclr.co.uk

Courts can use hypothetical licensing arrangements to calculate trade mark damages, says High Court – OUT-LAW.com

Posted April 17th, 2013 in damages, gambling, internet, licensing, news, patents, trade marks by sally

“Courts can calculate trade mark infringement damages based on a hypothetical licensing arrangement, the High Court has said.”

OUT-LAW.com, 17th April 2013

Source: www.out-law.com

Patents, trade marks and design rights: are groundless threats of infringement causing problems? – Law Commission

Posted April 17th, 2013 in competition, consultations, intellectual property, news, patents, trade marks by sally

“In a consultation opening today, the Law Commission seeks views on reform of the law relating to groundless threats of litigation over patents, trade marks and design rights.”

Law Commission, 17th April 2013

Source: www.lawcommission.justice.gov.uk

Tenants to be given right to challenge rogue letting agents – The Guardian

Posted April 17th, 2013 in consumer protection, estate agents, landlord & tenant, legislative drafting, news, ombudsmen by sally

“Tenants are to be given the right to challenge rogue letting agents for the first time after the government agreed at the 11th hour to a legislative amendment requiring all agents to sign up to a mandatory redress scheme.”

The Guardian, 16th April 2013

Source: www.guardian.co.uk

Abu Qatada: Home Office seeks Supreme Court appeal permission – BBC News

Posted April 17th, 2013 in appeals, deportation, news, Supreme Court, terrorism, torture by sally

“The government has asked for permission to appeal to the Supreme Court against a ruling preventing the deportation of radical Islamic cleric Abu Qatada.”

BBC News, 17th April 2013

Source: www.bbc.co.uk

Glass ceilings and the law: unconscious bias must be acknowledged – The Guardian

Posted April 17th, 2013 in employment, equality, news, race discrimination, sex discrimination, women by sally

“Employers may not realise that they’re favouring ‘people like us’ applicants but a recent tribunal case highlights how the burden is on the employer to explain a difference in treatment.”

The Guardian, 17th April 2013

Source: www.guardian.co.uk

Local authorities and the duty to consult with parents – UK Human Rights Blog

Posted April 17th, 2013 in care orders, grandparents, judicial review, local government, news, parental rights by sally

“This was a successful claim for judicial review brought by a mother in care proceedings in respect of her two children who were removed from the care of the paternal grandparents. To that extent, it is a first. It concerns the duty on the Local Authority to consult with parents when an Interim Care Order is in place.”

UK Human Rights Blog, 16th April 2013

Source: www.ukhumanrightsblog.com

Who, what, why: Can police stop protests at Margaret Thatcher’s funeral? – BBC News

Posted April 17th, 2013 in demonstrations, freedom of expression, human rights, news, police, public order by sally

“There has been widespread speculation that protests will take place during the funeral of former British Prime Minister Margaret Thatcher. But what laws will be in force?”

BBC News, 16th April 2013

Source: www.bbc.co.uk

Bar Council launches first ever Bar Nursery – The Bar Council

Posted April 17th, 2013 in barristers, children, inns of court, legal profession, news by sally

“The Bar Council, which represents barristers in England and Wales, has today launched the ‘Bar Nursery at Smithfield House’, a central London childcare facility in partnership with Smithfield House Children’s Nursery.”

The Bar Council, 16th April 2013

Source: www.barcouncil.org.uk

FSA was right to refuse FOI request, rules watchdog – OUT-LAW.com

Posted April 17th, 2013 in appeals, data protection, disclosure, freedom of information, news by sally

“The former City regulator, the Financial Services Authority, was right not to disclose information it held about a company it had investigated based on freedom of information (FOI) legislation carve outs, the Information Commissioner has ruled.”

OUT-LAW.com, 16th April 2013

Source: www.out-law.com

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