End of LASPO exemption for insolvency “will lead to unscrupulous behaviour” – Litigation Futures

Posted June 3rd, 2016 in company directors, fees, insolvency, insurance, news by sally

‘Most insolvency practitioners and lawyers believe the end of the exemption for insolvency litigation from the abolition of recoverable success fees and insurance premiums in conditional fee cases will lead to “unscrupulous or illegal behaviour” by company directors, a survey has found.’

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Litigation Futures, 3rd June 2016

Source: www.litigationfutures.co.uk

Council to refund care payments to 63 people after Ombudsman report – Local Government Lawyer

Posted June 3rd, 2016 in community care, elderly, local government, news, ombudsmen, repayment by sally

‘Solihull Metropolitan Borough Council has agreed to refund more than 60 older people if they are found to have been overcharged for care, following an investigation by the Local Government Ombudsman.’

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Local Government Lawyer, 2nd June 2016

Source: www.localgovernmentlawyer.co.uk

Digital legal services for low-income clients “close to tipping point” – Legal Futures

Posted June 3rd, 2016 in electronic filing, legal aid, legal services, news by sally

‘The digital delivery of legal services in England and Wales to people formerly entitled to legal aid could be at the cusp of a “tipping point”, according to Professor Roger Smith, the leading researcher into online law.’

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Legal Futures, 3rd June 2016

Source: www.legalfutures.co.uk

Bulk data collection not ‘inherently incompatible’ with right to privacy, say UK law makers – OUT-LAW.com

‘Giving the intelligence and security services a right to collect data about citizens in bulk is not “inherently incompatible” with people’s right to privacy, a UK parliamentary committee has said.’

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OUT-LAW.com, 2nd June 2016

Source: www.out-law.com

Families call for ‘Hillsborough Law’ at home secretary meeting – BBC News

Posted June 3rd, 2016 in inquests, inquiries, news, police, professional conduct, sport by sally

‘Relatives of the 96 people who died at Hillsborough have told the home secretary they want a “Hillsborough Law” to compel public officials to tell the truth at inquiries.’

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BBC News, 2nd June 2016

Source: www.bbc.co.uk

Academy trust faces legal challenge over treatment of disabled pupils – The Guardian

‘Parents of children with special educational needs and disabilities are taking legal action against an academy trust for proposing to bus their children from a well-performing school to a worse alternative because of limited resources.’

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The Guardian, 2nd June 2016

Source: www.guardian.co.uk

Motorists face £5,000 fine for driving too close to cyclists in road safety push – The Independent

Posted June 3rd, 2016 in bicycles, careless driving, fines, news by sally

‘On-the-spot fines of up to £5,000 could be handed out to careless motorists who drive too close to cyclists, under new government proposals.’

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The Independent, 2nd June 2016

Source: www.independent.co.uk

Hillsborough: 19 people refuse to help IPCC inquiry – The Guardian

‘Nineteen people have refused to assist an independent investigation into the role of West Midlands police after the Hillsborough disaster.’

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The Guardian, 2nd June 2016

Source: www.guardian.co.uk

Priory Clinic blamed by inquest jury over death of teenage girl after untrained staff failed to call 999 – Daily Telegraph

Posted June 3rd, 2016 in children, inquests, medical treatment, mental health, news by sally

‘A 14-year-old girl suffered an accidental death contributed to by neglect while under the care of the Priory, an inquest jury has ruled.’

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Daily Telegraph, 2nd June 2016

Source: www.telegraph.co.uk

Cheryl James inquest: Deepcut soldier verdict due – BBC News

Posted June 3rd, 2016 in armed forces, duty of care, inquests, news by sally

‘The coroner at the inquest into the death of a soldier found shot at Deepcut barracks in Surrey is set to announce his verdict.’

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BBC News, 3rd June 2016

Source: www.bbc.co.uk

White lawyers three times more likely to be appointed as recorders – The Guardian

Posted June 3rd, 2016 in diversity, equality, judiciary, news, statistics by sally

‘White applicants are three times more likely to be appointed as recorders than lawyers from black, Asian and minority ethnic backgrounds, according to the Bar Council.’

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The Guardian, 2nd June 2016

Source: www.guardian.co.uk

Rights to Light: The Assessment of Damages in Lieu of an Injunction – Tanfield Chambers

Posted June 2nd, 2016 in damages, easements, injunctions, news by sally

‘An easement is appurtenant to land and not a personal right of the owner. As such, the easement can be exercised by anyone who is entitled to use the land and it can be enforced by anyone in possession of the land.’

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Tanfield Chambers, 31st May 2016

Source: www.tanfieldchambers.co.uk

Deferment Rate Revisited – Tanfield Chambers

Posted June 2nd, 2016 in enfranchisement, housing, leases, news, tribunals, valuation by sally

‘The deferment rate is a key input in every enfranchisement claim whether it relates to the enfranchisement of a house, block of flats or the extension of a flat lease. The current deferment rate was set by the Lands Tribunal in Earl Cadogan v Sportelli [2007] 1 EGLR 153. This article explains what the deferment rate is and how the Tribunal arrived at the value which has been universally adopted since the decision in Sportelli. It then explores the status of the decision in Sportelli and asks whether it is time to re-set the deferment rate. The last part of the article looks at deferment rates for shorter leases.’

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Tanfield Chambers, 31st May 2016

Source: www.tanfieldchambers.co.uk

Baby relinquished for adoption – case management – Park Square Barristers

‘How should a local authority approach a case where a baby is relinquished for adoption at birth by parents whose home country is not (or not necessarily) the United Kingdom and his or her parents do not seek to contest an adoption in the UK? This was a very interesting case in which William Tyler QC of Park Square Barristers represented the Local Authority.’

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Park Square Barristers, 1st June 2016

Source: www.parksquarebarristers.co.uk

Bailey v Devon NHS Trust – Tanfield Chambers

‘In Bailey v Devon Partnership NHS Trust the High Court accepted, on the particular facts, that the statutory duty to carry out a risk assessment directly informed the extent of the common law duty of care.’

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Tanfield Chambers, 26th May 2016

Source: www.tanfieldchambers.co.uk

Beware of residential rights – Tanfield Chambers

Posted June 2nd, 2016 in housing, landlord & tenant, leases, news by sally

‘With the constant cry for more housing, commercial developers are increasingly including residential flats in their plans. Whether they are converting offices into homes or building new mixed-use schemes, developers must be aware of the raft of rights that residential tenants enjoy which are not available to commercial tenants. With some careful planning, some of these rights can be avoided.’

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Tanfield Chambers, 31st May 2016

Source: www.tanfieldchambers.co.uk

Conduct versus Needs – Park Square Barristers

Posted June 2nd, 2016 in divorce, matrimonial home, news, sexual offences by sally

‘Not long ago I was involved in financial relief proceedings involving a couple both of whom were on their second marriage (of some 12 years duration). The wife had children in their twenties from a previous marriage. As usual, the most substantial asset was the Former Matrimonial Home, with a notional net equity of nearly £400,000. This had been purchased with funds mainly, but not quite exclusively, provided by the husband who was retired. Neither party had a high income.’

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Park Square Barristers, 26th May 2016

Source: www.parksquarebarristers.co.uk

It has a “T” mark so I own the boundary – Park Square Barristers

Posted June 2nd, 2016 in boundaries, conveyancing, land registration, news by sally

‘As most properties now have registered titles, the starting is to look to the Register for the boundary. However – this is subject to two obvious pitfalls:

1. The boundary is a “general boundary” unless it has been fixed (and few boundaries are fixed);
2. The start point was, is and will remain, the conveyance that divided the plot out – ie the first division from a larger piece. This may have been many years before – often over 100 years before.’

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Park Square Barristers, 25th May 2016

Source: www.parksquarebarristers.co.uk

How Much Can I Claim? – No. 5 Chambers

‘Every year the Government reviews and uprates the level of employment protection payments. The new rates come into effect on 6 April each year.’

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No. 5 Chambers, 27th May 2016

Source: www.no5.com

McTear & Williams v Engelhard and Others [2016] EWCA Civ 487 – New Square Chambers

Posted June 2nd, 2016 in appeals, disclosure, news, retrials, witnesses by sally

‘In yet another case in which a first instance judge applied the principles laid down in Mitchell v News
Group Newspapers Ltd [2013] EWCA Civ 1537 wrongly and unjustly, the Court of Appeal has today
allowed the defendants’ appeal, set aside the judgment, and ordered a re-trial, writes Jonathan Lopian.’

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New Square Chambers, 24th May 2016

Source: www.newsquarechambers.co.uk