Day: 15 May 2017
Southwark LBC v Akhtar and Stel LLC – Arden Chambers
‘The Upper Tribunal has held that an estimated service charge that had not been demanded in accordance with a lease would not have been payable but for the lessee taking out a loan from the lessor to pay it and thereby waiving strict compliance with the terms of the lease; s.7, Interpretation Act 1978 does not apply to notices served under the Landlord and Tenant Act 1985 unless a lease provides that s.196 Law of Property Act 1925 is to apply to the service of notices’
Arden Chambers, 20th April 2017
Source: www.ardenchambers.com
Poshteh v Royal Borough of Kensington and Chelsea – Arden Chambers
‘The Supreme Court has declined to depart from its previous judgment in Ali v Birmingham CC that the right to homelessness accommodation under s193 Housing Act 1996 was not a civil right under art 6, despite a decision of the ECtHR to the contrary in Ali v UK; it has affirmed the dicta of Lord Neuberger in Holmes-Moorhouse v Richmond upon Thames LBC that a “benevolent approach” is to be taken to homelessness review decisions under s202; and said (obiter) that the principles governing the right of appeal to the county court under s204 had been authoritatively established by the House of Lords in Runa Begum v Tower Hamlets LBC and other cases including Holmes-Moorhouse, and should be taken as settled.’
Arden Chambers, 10th May 2017
Source: www.ardenchambers.com
How in-flight Wi-Fi works – 4 KBW
‘We’ve all had the same problem: you walk too far away from your Wi-Fi router and, all of a sudden, your Wi-Fi stops working. We all know that it’s simply because the router’s signal isn’t strong enough to reach you that extra few feet away. There is sadly a limit on the strength of Wi-Fi connectivity. But, if Wi-Fi is so dependent upon your proximity to a router, doesn’t it seem strange that Wi-Fi can work in an aeroplane, 35,000 feet above the ground?’
4 KBW, 28th May 2017
Source: www.4kbw.net
Saving the Environment: The Prospect of Electric Aircraft – 4 KBW
‘The electric car, once only the domain of eccentric Sci-Fi movies, has now well and truly found its way into everyday consumer life. So, what’s next for the world of fuel innovation? Will we really be able to power commercial flights using just electric fuel, as we now can cars?’
4 KBW, 12th May 2017
Source: www.4kbw.net
Brexit: Is the UK set for WTO limbo? – New Law Journal
‘The idea of World Trade Organization (WTO) vetoes being used to settle historical scores over Gibraltar or the Falklands has been circulated as one post-Brexit complication, with the UK set to relinquish its existing WTO status as part of the EU bloc. Gregory Shaffer, a leading authority on international trade law, explains the UK’s tariff and other WTO commitments and considers the very real prospect of the UK spending some time in WTO limbo.’
New Law Journal, 9th May 2017
Source: www.newlawjournal.co.uk
Judges’ intervention prompts video-link rethink for youth cases – Law Society’s Gazette
‘A senior judge has shed light on the push by the government to conduct court proceedings via video despite widespread concerns.’
Law Society’s Gazette, 12th May 2017
Source: www.lawgazette.co.uk
‘Freeman on the Land’ jailed for failure to pay council tax – Local Government Lawyer
‘A self-proclaimed ‘Freeman-on-the-Land’ who refused to pay council tax citing ancient laws has been sentenced to 40 days in prison and ordered to repay his debt.’
Local Government Lawyer, 12th May 2017
Source: www.localgovernmentlawyer.co.uk
Civil procedure: Unreasonable conduct and costs – Law Society’s Gazette
‘It is trite that a court will carefully scrutinise the parties’ behaviour when assessing costs in civil disputes. There is now a rich body of case law which provides judicial guidance on the courts’ general approach in assessing unreasonable behaviour when considering whether to make adverse costs orders. Further judicial guidance on assessing unreasonable behaviour has recently been given by the Court of Appeal in Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269. In that case the court provided important guidance on the ‘unreasonable behaviour’ test for ordering costs in the small claims court.’
Law Society’s Gazette, 15th May 2017
Source: www.lawgazette.co.uk
Retail banking business models under strategic review by UK regulator – OUT-LAW.com
‘The UK’s Financial Conduct Authority (FCA) has opened a review into business models in retail banking to assess the impact those models are having on competition and conduct in the market.’
OUT-LAW.com, 12th May 2017
Source: www.out-law.com
Romanian couple jailed for trafficking girl, 14, into prostitution in UK – The Guardian
‘A Romanian couple have been jailed for trafficking a 14-year-old girl and other women into prostitution in the UK, in the first prosecution for child sex trafficking under the 2015 Modern Slavery Act.’
The Guardian, 12th May 2017
Source: www.guardian.co.uk
Judge accepts “material change” argument in increasing security for costs – Litigation Futures
‘The High Court has agreed to order a claimant to pay additional security for costs, even though the ‘material change’ in circumstances behind the defendant’s application were known to the judge who made the original order.’
Litigation Futures, 15th May 2017
Source: www.litigationfuture.com
Pictures alone cannot define how colour trade marks should be applied, rules Court of Appeal – OUT-LAW.com
‘Pictures alone cannot define how colour trade marks should be applied, the Court of Appeal in London has ruled.’
OUT-LAW.com, 12th May 2017
Source: www.out-law.com
A bluffers guide to the Homeless Reduction Act 2017 – Nearly Legal
‘The Homelessness Reduction Act has now received royal assent. The Act itself is here. There is no date yet for it to come into force – there will need to be statutory guidance produced first – and the current guess is that it is likely to be in 2018. Of course, what the Act mostly does is amend Housing Act 1996 Part VII.’
Nearly Legal, 14th May 2017
Source: www.nearlylegal.co.uk
Family life succeeds in defeating s.94B ‘deport first, appeal later’ certification – Free Movement
‘The judgment in OO (Nigeria), R (on the application of) v Secretary of State for the Home Department [2017] EWCA Civ 338 is one of a series of cases challenging the lawfulness of the certification regime under s.94B Nationality Immigration Asylum Act 2002 (as amended). The issue has been considered several times on Free Movement, and judgment is still awaited on the lead test case of Kiarie and Byndloss v SSHD [2015] EWCA Civ 1020, heard by the Supreme Court in March.’
Free Movement, 15th May 2017
Source: www.freemovement.org.uk
Calls for Ofcom to block Sky takeover until Fox News cases are resolved – The Guardian
’21st Century Fox’s takeover of Sky should be blocked until allegations of sexual and racial harassment at Fox News have been resolved, according to a lawyer representing alleged victims in the US.’
The Guardian, 12th May 2017
Source: www.guardian.co.uk
Not-for-profit criminal firm takes business-like approach and plots future civil work – Legal Futures
‘The first not-for-profit criminal law firm – which opened its doors last month – has underlined its intention to generate surpluses like any other business; it will just distribute them differently.’
Legal Futures, 15th May 2017
Source: www.legalfutures.co.uk
Decorated Royal Marine cleared of photobomb sex assault at university ball – Daily Telegraph
‘A decorated Royal Marine who was accused of sexually assaulting a student at her graduation ball while photobombing a picture has been cleared.’
Daily Telegraph, 12th May 2017
Source: www.telegraph.co.uk
Duty of Care Owned by Junior Doctors: Important Court of Appeal Decision – Zenith PI Blog
‘In the decision today is FB -v- Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334 the Court of Appeal made important observations about the duty of care owed by junior doctors.’
Zenith PI Blog, 12th May 2017
Source: www.zenithpi.wordpress.com
‘Poor vision’ surgeon who removed woman’s ovary instead of appendix struck off – Daily Telegraph
‘A senior surgeon with “poor vision” accidentally removed a woman’s ovary instead of her appendix and then told bosses it was a “trifling error”.’
Daily Telegraph, 12th May 2017
Source: www.telegraph.co.uk
