What will the Lords do with the Article 50 bill? – UCL Constitution Unit

Posted February 21st, 2017 in bills, EC law, news, parliament, treaties by sally

‘The bill authorising the Prime Minister to trigger Article 50, enabling the UK to leave the EU, has cleared the Commons. It begins its consideration in the Lords today. In this post Lords expert Meg Russell discusses how the second chamber is likely to treat the bill. She suggests that this illustrates important dynamics between Lords and Commons, which are often disappointingly misunderstood both in the media and inside government.’

Full story

UCL Constitution Unit, 20th February 2017

Source: www.constitution-unit.com

Waiving goodbye to the breach: repairing obligations and waiver of breach – The 36 Group

Posted February 21st, 2017 in appeals, landlord & tenant, leases, news, repairs by sally

‘Repairing obligations are almost universally incorporated in commercial and residential leases and licences. In the general sense an obligation to repair is to carry out such repairs and maintenance as might be required from time to time (although much can depend upon the precise wording of the covenant/obligation). Where there is a breach by a tenant or licensee, the covenant is broken everyday the property is out of repair: the breach, therefore, is of a continuing nature. ‘

Full story (PDF)

The 36 Group, 6th February 2017

Source: www.36group.co.uk

Reasons – Local Government Law

Posted February 21st, 2017 in appeals, local government, news, planning, sport by sally

‘The appeal in Oakley v South Cambridgeshire District Council (2017) EWCA Civ 71 raised the issue whether, in the particular circumstances of the case, the Planning Committee of the South Cambridgeshire District Council ought to have given reasons for granting planning permission for the development by Cambridge City Football Club, a semi-professional club, of a football stadium capable of seating three thousand people. The proposed construction is in the outskirts of Sawston in Cambridgeshire, on land which is part of the Green Belt. The application for planning permission was not only for the erection of the ground, together with associated training and parking facilities, but also for the creation of a partially floodlit recreational ground which would be gifted to the Sawston Parish Council for community use.’

Full story

Local Government Law, 17th February 2017

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

Waaler v Hounslow LBC – Arden Chambers

Posted February 21st, 2017 in appeals, leases, local government, news, service charges, tribunals by sally

‘The Court of Appeal has held that whether service charge costs are reasonably incurred, for the purposes of Landlord and Tenant Act 1985, s.19, is to be determined by reference to an objective standard of reasonableness rather than applying public law principles of rationality. A tribunal should not, however, impose its own decision where a landlord has adopted a course of action which led to a reasonable outcome, even if there was a cheaper outcome which was also reasonable.’

Full story

Arden Chambers, 2nd February 2017

Source: www.ardenchambers.com

Secession from the European Union and Private International Law: The Cloud with a Silver Lining – Blackstone Chambers

Posted February 21st, 2017 in EC law, international law, legislation, news, regulations, speeches, treaties by sally

‘In the last six months there have been lectures, seminars, evidence-givingsand-takings, reports issued, all over town, in which the future of commercial litigation in England has been discussed. It may not be completely true that these have as their object the utter immiseration of everyone within earshot, but that does appear to be the principal effect. Those who, like me, do not seem to be invited to such gatherings are at liberty to see things rather differently. We have a once-in-a generation opportunity to compare the rules of private international law which we currently have with what we might instead have, and to take stock. When that is done, the path ahead will be seen to be rather clearer and brighter than some others would tell you it is. One certainly hears people suggesting that secession from the European Union is going to have a damaging effect, but for our private international law the truth may well be otherwise. And while the need to deal with these tasks may be an un-looked-for interruption to normal work, for some of us the chance to ask questions challenges us to think about what we would like our rules of private international law to say. My conclusion will be that less will change than most seem to suppose (or, in some cases, seem to hope for). There will be minor changes, certainly, but need be nothing major; and if anything major does change, it will not be a change for the worse. In short, though I am very fearful of sounding like the Daily Mail in human form, private international law has no cause for alarm. I should perhaps say that a fuller and footnoted version of this paper will be available from the Combar website if anyone is interested.’

Full story (PDF)

Blackstone Chambers, 24th January 2017

Source: www.blackstonechambers.com

Plumbing the depths of employment status as the gig economy gathers steam – Cloisters

‘Akua Reindorf analyses Pimlico Plumbers v Smith in the Court of Appeal and provides a round-up of employment status reports and inquiries.’

Full story

Cloisters, 10th February 2017

Source: www.cloisters.com

A Change is Coming – The Criminal Finance Bill and the Changes it will Bring to the Asset Recovery Landscape – Drystone Chambers

Posted February 21st, 2017 in bills, news, proceeds of crime, tax evasion by sally

‘Radical change to the Proceeds of Crime Act is coming. Below I summarise four of the areas of key changes to POCA 2002.’

Full story (PDF)

Dystone Chambers, 26th January 2017

Source: www.drystone.com

Vital Times for Human Rights Lawyers as we Face Attacks on Fundamental Rights at Home and Abroad – Garden Court Chambers

Posted February 21st, 2017 in barristers, civil justice, criminal justice, human rights, legal aid, news by sally

‘Leslie Thomas QC on the vital role of human rights lawyers in these turbulent times.’

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Garden Court Chambers, 6th February 2017

Source: www.gardencourtchambers.co.uk

Legal professional privilege can protect businesses that fall victim to cyber attacks, say experts – OUT-LAW.com

Posted February 21st, 2017 in computer crime, computer programs, disclosure, electronic mail, news, privilege by sally

‘Businesses risk the disclosure of damaging IT forensics reports if they fail to take advantage of legal professional privilege in light of a cyber attack.’

Full story

OUT-LAW.com, 17th February 2017

Source: www.out-law.com

The Judgement of Others – How Should a Disciplinary Panel Deal with the Findings of Another Professional Disciplinary Tribunal’s Decision: Analysis and Comment on Peckitt v GDC [2016] EWHC 1803 (Admin) – Drystone Chambers

Posted February 21st, 2017 in disciplinary procedures, doctors, news, nurses, professional conduct, solicitors by sally

‘What happens if a registrant is registered with two or more professional bodies and is then disciplined by one and is later disciplined by his or her other professional body? I recently appeared for the NMC, in the case of NMC v Benyu, where this situation arose. Ms Benyu was both a practising solicitor and nurse. She was struck off by the Solicitors Disciplinary Tribunal (SDT) for the mishandling of client funds. The client had mental health issues and originally was referred to her through her work as a nurse. Following the decision of the SDT, Ms Benyu was referred to the NMC.’

Full story (PDF)

Drystone Chambers, 30th January 2017

Source: www.drystone.com

Watts v Stewart – leases and licences revisited – Hardwicke Chambers

Posted February 21st, 2017 in charities, housing, landlord & tenant, leases, licensing, news, repossession by sally

‘On 29th September 2004 the Trustees of the Ashtead United Charity allocated Mrs Janet Watts accommodation in an almshouse, in fact one of 14 residential flats the Charity owned at Ashstead in Surrey. In May 2015 they issued proceedings for possession based on the allegations that Mrs Watts had acted in an anti-social manner, swearing, spitting, and aggression. This was a breach of the terms of the Appointments Letter under which she was allocated the property. At the first directions hearing the District Judge ordered a trial of the issue of whether Mrs Watts occupied as a licensee of the Charity or a tenant. If the former of course it would be relatively easy for the Charity to evict her; if the latter, much less so.’

Full story

Hardwicke Chambers, 18th January 2017

Source: www.hardwicke.co.uk

Introducing the litigant in person network – Legal Voice

Posted February 21st, 2017 in civil justice, internet, legal representation, litigants in person, news by sally

‘The Litigant in Person Network is an online platform which aims to connect a wide range of people with a common goal of improving access to justice. Coordinated by the Litigant in Person Support Strategy, and supported by The Legal Education Foundation, the network is a place for interested professionals to share, discussion and collaborate across sectors on issues relating to both actual and potential Litigants in Person (LiPs).’

Full story

Legal Voice, 20th February 2017

Source: www.legalvoice.org.uk

When One Purchaser Signs the Contract for Sale and the Other Does Not … – Radcliffe Chambers

Posted February 21st, 2017 in appeals, contracts, deposits, news, sale of land by sally

‘And indeed never authorised the co-purchaser to enter into a contract on her behalf without her consent, did not know that he was entering into a contract, or consent to his doing so on her behalf. That was the remarkable situation in the case of Rabiu v. Marlbray Ltd [2016] 1 WLR 5147. At first blush one might have thought, in line with the decision in Suleman v. Shahsavari [1998] 1 WLR 1181, that in the absence of the signature of one of the co-purchasers, there was no binding contract and that that would be the end of the matter. So the trial judge concluded, but the Court of Appeal held that on the facts of the case the purchaser who had signed had rendered himself liable as between himself and the vendor of the property, notwithstanding the absence of the signature of his co-purchaser. In so doing it distinguished Suleman. The decision of the Court of Appeal, which runs to 111 paragraphs, considers a number of issues and repays careful study. This casenote will consider the questions of the validity of the contract between the vendor and the copurchaser and the formalities required by s.2 of the Law of Property (Miscellaneous Provisions) Act 1989. A second casenote (to follow) will consider whether, on the assumption that there was no valid contract as between the vendor and the co-purchaser (either because the contract had not been signed by the other co-purchaser, or because of want of the formalities required by s.2), the vendor was required to return the co-purchaser’s deposit or could retain it.’

Part One (PDF)
Part Two (PDF)

Radcliffe Chambers, February 2017

Source: www.radcliffechambers.com

Solicitors speak out over plight of jailed 71-year-old – Law Society’s Gazette

Posted February 21st, 2017 in appeals, contempt of court, elderly, news, prisons by sally

‘Practitioners involved in a high-profile Court of Protection case have spoken out after it emerged that a 71-year-old woman jailed for contempt had been fighting to let her brother spend his remaining months in his country of birth.’

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Law Society’s Gazette, 20th February 2017

Source: www.lawgazette.co.uk

New MIB Untraced and Uninsured Drivers Agreements – Zenith PI Blog

‘The new agreements come into force for accidents occurring after 1 March 2017. They were published on 13 January 2017 with the following statement:

MIB paying a claim for the damage to an uninsured driver’s car when it has been caused by another uninsured or a ‘hit and run’ driver seems counter-intuitive. However, from 1 March 2017 that is what MIB will be required to do.

Paul Ryman-Tubb, Chief Technical Officer at MIB said: “Whilst we will deal with these claims in a professional manner, the principle of using honest premium paying motorists money to pay for the damage to an uninsured driver’s car seems crazy.”’

Full story

Zenith PI Blog, 21st February 2017

Source: www.zenithpi.wordpress.com

What is the no recourse to public funds condition? – Free Movement

Posted February 21st, 2017 in benefits, crime, freedom of movement, immigration, news, social security by sally

‘The “no recourse to public funds” condition is imposed on grants of limited leave to enter or remain with the effect of prohibiting the person holding that leave from accessing certain defined public funds. A person who claims public funds despite such a condition is committing a criminal offence and there may well be future immigration consequences as well, as any existing leave can be curtailed or a future application refused.’

Full story

Free Movement, 21st February 2017

Source: www.freemovement.org.uk

Five Ways Human Rights Help The Fight For Social Justice – RightsInfo

Posted February 21st, 2017 in human rights, news by sally

‘The 20th of February is World Day of Social Justice and in honour of this day, we look at five ways human rights can help to achieve social justice.’

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RightsInfo, 19th February 2017

Source: www.rightsinfo.org

Bar Council: shared leave plan will help women reach top – Law Society’s Gazette

Posted February 21st, 2017 in barristers, consultations, equality, news, parental rights, self-employment, women by sally

‘The Bar Council has backed proposals by the regulator to amend rules on shared parental leave, claiming this could encourage more women to stay at the bar.’

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Law Society’s Gazette, 20th February 2017

Source: www.lawgazette.co.uk

Whole of split bill, less additional liabilities, subject to proportionality test, rules regional costs judge – Litigation Futures

Posted February 21st, 2017 in budgets, costs, news, proportionality by sally

‘A court faced with a bill of costs that straddles the Jackson reforms should consider both the pre and post April 2013 costs when deciding whether it is proportionate, but ignore any additional liabilities, a regional costs judge has ruled.’

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Litigation Futures, 20th February 2017

Source: www.litigationfutures.com

Two jailed for ‘brutal’ killing of man with learning difficulties – BBC News

Posted February 21st, 2017 in learning difficulties, murder, news, sentencing, video recordings by sally

‘Two men who used their phones to film themselves brutally attacking a man with learning difficulties have been jailed for his murder.’

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BBC News, 20th February 2017

Source: www.bbc.co.uk