Gloucestershire child neglect couple jailed – BBC News

Posted June 16th, 2014 in child neglect, news, sentencing, social services by sally

‘A couple jailed for neglecting five of their children have been branded “inadequate, stupid, stubborn and reckless” by a judge.’

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BBC News, 16th June 2014

Source: www.bbc.co.uk

Come friendly bombs… – NearlyLegal

Posted June 16th, 2014 in insurance, landlord & tenant, leases, news, service charges, terrorism, tribunals by sally

‘Terrorism insurance is an increasingly contentious issue in service charge cases; in short, many leaseholders think it is unnecessary and simply serves to increase the their service charges (and, potentially, acts as an additional source of commission for landlords, itself a very contentious issue). Well, in Qdime Ltd v Various Leaseholders at Bath Building (Swindon) and others [2014] UKUT 261 (LC), the Upper Tribunal has given an unqualified endorsement of terrorism insurance and, in the process, may well have greatly extended the number of properties which are now required to obtain such insurance.’

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NearlyLegal, 13th June 2014

Source: www.nearlylegal.co.uk

Separating divorce and financial disputes – more process than substance – Halsbury’s Law Exchange

Posted June 16th, 2014 in children, costs, divorce, family courts, financial dispute resolution, news by sally

‘Sir James Munby, President of the Family Division has considered in his most recent opinion piece, both his commentary on the bedding down of the recent procedural changes that came in to force on the 22 April 2014, and looking to the future, he has invited Mostyn J and Cobb J to chair a new Financial Remedies Working Group to look at further change.’

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Halsbury’s Law Exchange, 16th June 2014

Source: www.halsburyslawexchange.co.uk

Secret trials – a little transparency, a lot to worry about – UK Human Rights Blog

‘The Court of Appeal has published its decision in Guardian News Media v AB and CD. It is not a judgment, the Court says. Judgments – plural – will be given “in due course.” Still, the 24 paragraph decision contains the order and explanation of the order, and gives an indication of some of the reasons that will follow.’

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UK Human Rights Blog, 12th June 2014

Source: www.ukhumanrightsblog.com

How many people will get £10,000 fines for speeding? – The Guardian

Posted June 16th, 2014 in fines, news, road traffic offences, sentencing, statistics by sally

‘The maximum financial penalty that magistrates courts can impose has been increased fourfold, although the data shows that only a few will have to pay much more.’

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The Guardian, 12th June 2014

Source: www.guardian.co.uk

What’s the Din?* – NearlyLegal

Posted June 16th, 2014 in appeals, homelessness, housing, interpretation, local government, news by sally

‘In Haile v Waltham Forest LBC [2014] EWCA Civ 792, the question for the Court of Appeal was the relevant date for determining whether an applicant is intentionally homeless. On the facts, this was a significant question: Ms Haile had left her room in a hostel on 25th October 2011 to go to stay with a friend. Only one person was entitled to occupy the room. She said that she left the room because of unpleasant smells in the hostel. At the time she left the room, she was pregnant and she gave birth to the beautifully named Delina on 15th February 2012. Now, clearly, as of Delina’s birth, the room would not have been reasonable for Ms Haile to continue to occupy because more than one person would be occupying it in breach of the tenancy agreement. However, the council found her intentionally homeless because they did not accept that, as of 25th October 2011, the smells into the room made it not reasonable to continue to occupy.’

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NearlyLegal, 16th June 2014

Source: www.nearlylegal.co.uk

MP’s son guilty of using ‘tremendous force’ to attack press photographer – The Guardian

Posted June 16th, 2014 in assault, criminal damage, media, news, photography by sally

‘The son of MP Mike Hancock has been found guilty of “losing control” and using “tremendous force” to headbutt and punch a press photographer.’


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The Guardian, 13th June 2014

Source: www.guardian.co.uk

Is it right to jail someone for being offensive on Facebook or Twitter? – The Guardian

‘Jake Newsome was jailed last week for posting offensive comments online. His is the latest in a string of cases that have led to prison terms, raising concern that free speech may be under threat from over-zealous prosecutors.’

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The Guardian, 13th June 2014

Source: www.guardian.co.uk

New distance selling rules among new UK consumer protection law reforms – OUT-LAW.com

Posted June 16th, 2014 in consent, consumer protection, contracts, EC law, fines, internet, news, time limits by sally

‘Businesses must respect new consumer rights to cancel contracts for services or the supply of digital content over the internet up to a minimum of 14 days after those contracts have been entered into, under new rules which have come into force in the UK.’

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OUT-LAW.com, 13th June 2014

Source: www.out-law.com

Former landlords and s.20B LTA 1985 – NearlyLegal

Posted June 16th, 2014 in appeals, landlord & tenant, leases, news, service charges, water companies by sally

‘In Ground Rents (Regisport) Ltd v Dowlen [2014] UKUT 144 (LC), the Upper Tribunal (Lands Chamber) had to – once again – grapple with s.20B, Landlord and Tenant Act 1985. The facts are quite straightforward. Imagine, if you will, that there is a modern development of three blocks of flats. It was developed by Countryside Properties (UK) Ltd, who were also the original landlords under all the long leases. Once the leases had been created, the freehold was transferred to the appellant.’

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NearlyLegal, 13th June 2014

Source: www.nearlylegal.co.uk

Section 13 DPA in the High Court: nominal damage plus four-figure distress award – Panopticon

Posted June 16th, 2014 in compensation, damages, data protection, disclosure, documents, news, time limits by sally

‘Given the paucity of case law, it is notoriously difficult to estimate likely awards of compensation under section 13 of the Data Protection Act 1998 for breaches of that Act. It is also very difficult to assess any trends in compensation awards over time.’

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Panopticon, 13th June 2014

Source: www.panopticonblog.com

Family court case spanning 13 years is ‘longest case’ in history, judge says – Daily Telegraph

Posted June 16th, 2014 in appeals, children, contact orders, family courts, news by sally

‘A family court case which has taken almost 13 years is believed by a judge to be the longest running in history.’

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Daily Telegraph, 13th June 2014

Source: www.telegraph.co.uk

Precedent H “irregularity” does not render it a nullity, High Court rules – Litigation Futures

‘It would be disproportionate and unjust to strike down a Precedent H budget that was signed by a firm’s in-house costs draftsman, rather than by a “senior legal representative”, the High Court has ruled.’

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Litigation Futures, 16th June 2014

Source: www.litigationfutures.com

Forced marriage outlawed as ministers step up efforts to curb practice – The Guardian

Posted June 16th, 2014 in children, forced marriages, news, prosecutions by sally

‘Forced marriage is “a tragedy for each and every victim”, home secretary Theresa May said as a new law outlawing the practice came into effect.’

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The Guardian, 16th June 2014

Source: www.guardian.co.uk

Taxman wins fight to close property tax loophole – Daily Telegraph

Posted June 16th, 2014 in appeals, housing, mortgages, news, stamp duty, taxation by sally

‘A High Court ruling has sided with the taxman over legislation introduced last year which aims to stop wealthy property buyers avoid paying tens of thousands of pounds in stamp duty.’

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Daily Telegraph, 13th June 2014

Source: www.telegraph.co.uk

Prisons face overcrowding due to policy failure, says watchdog – The Guardian

Posted June 16th, 2014 in budgets, news, ombudsmen, prisons, sexual offences, standards, statistics, suicide by sally

‘The public is being put at risk by a “political and policy failure” in jails which risks boiling over this summer, the prisons’ inspectorate has warned as the government admitted more inmates would have to share cells to cope with an unexpected rise in numbers.’

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The Guardian, 14th June 2014

Source: www.guardian.co.uk