Possession and section 11, Children Act 2004 – Nearly Legal

Posted March 9th, 2018 in children, housing, local government, news, repossession by tracey

‘In Davies v Hertfordshire CC [2018] EWCA Civ 379, the Court of Appeal addressed the question of the relevance of s 11, Children Act 2004 on a mandatory possession claim brought by Herts against Mr Davies, a former school caretaker living in tied accommodation with his wife and four children. Herts claimed mandatory possession on service of a notice to quit (which was not necessary in this case).’

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Nearly Legal, 8th March 2018

Source: nearlylegal.co.uk

Supreme Court backs Iceland in refrigeration rates appeal – OUT-LAW.com

Posted March 9th, 2018 in news, rates, Supreme Court, valuation by tracey

‘An air handling system used in connection with frozen foods retailer Iceland’s refrigerated storage is part of a ‘trade process’, and therefore exempt from business rates, the UK’s highest court has ruled.’

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OUT-LAW.com, 8th March 2018

Source: www.out-law.com

Judicial review or internal appeal against bias? – UK Police Law Blog

Posted March 9th, 2018 in appeals, bias, judicial review, news, police, recusal, tribunals by tracey

‘Where a police officer makes an unsuccessful application for a panel to recuse itself on the grounds of perceived (or actual) bias, can he apply for judicial review of the decision before exhausting his ‘internal’ right of appeal (under rule 4(4)(c) of the Police Appeals Tribunal Rules 2012)?’

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UK Police Law Blog, 9th March 2018

Source: ukpolicelawblog.com

A home for the disabled victim – Zenith PI

Posted March 9th, 2018 in birth, damages, disabled persons, hospitals, housing, negligence, news by tracey

‘This blog concerns the case of JR v Sheffield Teaching Hospitals NHS Foundation Trust [2017] PIQR Q3. William Davis J gave an impressive and comprehensive analysis of the many problems in that case. JR, who was born in 1992, in the course of delivery suffered from intracranial haemorrhage and brain injury. As a result he experienced severe spastic cerebral palsy and significant cognitive impairment. This was a consequence of the negligence of the Defendant hospital and the issues for the Judge to resolve concerned various questions which were in dispute regarding various consequences of the disaster at the time of JR’s birth.’

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Zenith PI, 9th March 2018

Source: zenithpi.wordpress.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 9th, 2018 in legislation by tracey

The Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018

The Qualifying Care Relief (Specified Social Care Schemes) (Amendment) Order 2018

The Government Resources and Accounts Act 2000 (Estimates and Accounts) Order 2018

The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018

The Code of Practice for the Welfare of Meat Chickens and Meat Breeding Chickens (Appointed Day and Revocation) (England) Order 2018

The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2018

The Personal Injuries (Civilians) Scheme (Amendment) Order 2018

The Investigatory Powers Act 2016 (Commencement No. 4 and Transitional and Saving Provisions) Regulations 2018

The Social Security (Contributions) (Rates, Limits and Thresholds Amendments and National Insurance Funds Payments) Regulations 2018

The Plant Health (England) (Amendment) (No. 2) Order 2018

The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2018

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2018

The Representation of the People (England and Wales) (Amendment) Regulations 2018

The Oil and Gas Authority (Levy) and Pollution Prevention and Control (Fees) (Amendment) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 9th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

DAM (Children), Re [2018] EWCA Civ 386 (08 March 2018)

Generator Developments Ltd v LIDL UK GmbH [2018] EWCA Civ 396 (08 March 2018)

High Court (Family Division)

X and Y (Children) [2018] EWHC 451 (Fam) (08 March 2018)

Source: www.bailii.org

Law firm that should have warned property investor clients of “Mafia risk” fails in Supreme Court bid – Legal Futures

‘A law firm with offices in Italy and England has reached the end of the line in challenging a ruling that it was under a duty to warn British and Irish property investors of the risks of investing in a part of Italy associated with organised crime.’

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Legal Futures, 9th March 2018

Source: www.legalfutures.co.uk

Chair criticises ‘glacial pace’ of LASPO review – The Bar Council

Posted March 9th, 2018 in budgets, legal aid, press releases by tracey

‘Responding to news this week that the Government’s review of LASPO will be delayed until the end of the year, Chair of the Bar Andrew Walker QC said it is frustrating that the review is moving at such a “glacial pace”.’

Full press release

The Bar Council, 8th march 2018

Source: www.barcouncil.org.uk

BSB seeks views on modernising its regulatory decision-making – Bar Standards Board

Posted March 9th, 2018 in barristers, consultations, press releases, professional conduct by tracey

‘The Bar Standards Board (BSB) has today launched a new consultation seeking views on the final phase of the Governance Reform outlined in its 2016-19 Strategic Plan. The BSB now proposes to change how it deals with the information it receives as the regulator and to revise its decision-making structures in relation to professional conduct issues.’

Full press release

Bar Standards Board, 8th March 2018

Source: www.barstandardsboard.org.uk

Surrogacy and HFEA Update (March 2018) – Family Law Week

Posted March 9th, 2018 in assisted reproduction, embryology, news, surrogacy by tracey

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent developments relating to surrogacy law, including new guidance, as well as the latest cases concerning administrative errors and the HFEA.’

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Family Law Week, 8th March 2018

Source: www.familylawweek.co.uk

UK knife crime offenders getting longer jail sentences – The Guardian

Posted March 9th, 2018 in news, offensive weapons, sentencing, statistics by tracey

‘The Ministry of Justice figures, which come amid concern about a surge in knife violence, particularly in London, show that the average custodial sentence handed down has risen by 2.2 months over the past decade to 7.5 months in 2017, with conviction for a knife or weapon offence now more likely to result in some form of custodial sentence.’

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The Guardian, 8th March 2018

Source: www.theguardian.com

Co-operative Group repays £500,000 as it faces probe for mistreating suppliers – Daily Telegraph

Posted March 9th, 2018 in fines, news, unfair commercial practices by tracey

‘Regulators have launched a probe into the Co-operative Group that could force it to pay £70m of fines for mistreating its suppliers.’

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Daily Telegraph, 8th March 2018

Source: www.telegraph.co.uk

Corpse-sex threat prisoner Richard Ford ‘has very low IQ’ – BBC News

‘A prisoner who threatened to kill a number of people and have sex with their corpses is appealing against his 45-year sentence on the basis of his “extraordinarily low IQ”.’

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BBC News, 8th March 2018

Source: www.bbc.co.uk

‘M25 rapist’ Antoni Imiela dies in prison – The Guardian

Posted March 9th, 2018 in death in custody, news, rape by tracey

‘A man labelled the “M25 rapist” after he carried out a series of sex attacks in south-east England has died behind bars. Antoni Imiela, 63, died at HMP Wakefield on Thursday, the Prison Service said, months after he was told he had been referred for parole.’

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The Guardian, 9th March 2018

Source: www.theguardian.com

Wagamama fined for failing to pay the minimum wage – BBC News

Posted March 9th, 2018 in fines, minimum wage, news by tracey

‘Restaurant chains Wagamama and TGI Fridays have each been fined an undisclosed amount for failing to pay staff the National Minimum Wage. They were among 43 employers in the hospitality sector on the government’s latest list of firms breaking the law.’

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BBC News, 9th March 2018

Source: www.bbc.co.uk

Britain First leaders jailed: Police release mugshots of Jayda Fransen and Paul Golding because of impact on community – The Independent

Posted March 9th, 2018 in harassment, hate crime, news, photography, religiously aggravated offences by tracey

‘Police have released photos showing the leaders of far-right extremist group Britain First in custody because of the effect their hate crimes had on the local community.’

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The Independent, 8th March 2018

Source: www.independent.co.uk

Mail Online: Ipso upholds complaint over article on ‘lorry’ incident at Oxford Circus – The Guardian

Posted March 9th, 2018 in complaints, internet, media, news, terrorism by tracey

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The Guardian, 8th March 2018

Source: www.theguardian.com

Triple killer Theodore Johnson has jail term increased – BBC News

Posted March 9th, 2018 in appeals, murder, news, sentencing by tracey

‘A man who killed three former partners has had his minimum jail term increased to 30 years.’

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BBC News, 8th March 2018

Source: www.bbc.co.uk