‘Avon Ground Rents Ltd v Child  UKUT 204 (LC). As many readers of this blog will be aware we have a number of different courts and tribunals involved in residential property. In some cases, notably leasehold service charges, there is sometimes a need to engage with two of these entities (namely the County Court and the First Tier Tribunal) in the same matter. This situation arises particularly where a money judgement or possession order is sought for non-payment of service charges and is defended on the basis that the charge is unreasonable or excessive. This question is properly a matter for the FTT and under s176A of the Commonhold and Leasehold Reform Act 2002 the County Court may transfer to the FTT “so much of the proceedings as relate to the determination of that question”. This is an enormous amount of hassle and in an effort to improve the situation there has been a CJC-led pilot running whereby FTT Judges (all of whom are also County Court judges by virtue of s5, County Courts Act 1984) actually sit “double-hatted” dealing with the FTT and Courts aspects in one go. This has been described in an entertaining speech by Vos LJ as a “sticking plaster” and is one of the reasons for calls for reform and a single Housing Court (although see NL on that topic here).’
Nearly Legal, 28th June 2018
‘The Court of Appeal in England and Wales has ruled that a company voluntary arrangement (CVA) should not continue after the emergence of a new claim for £126 million against the insolvent company. The ruling underlined how important clarity and specificity are in contract terms.’
OUT-LAW.com, 29th June 2018
‘Often, the road to equality is long and arduous, just ask the same-sex couples who had to wait until the Marriage (Same Sex Couples) Act 2013 for recognition of the right to marry or those whose right to legal recognition will still feel a long way off. On any view, the road to equality in civil partnerships will be shorter. But that route has had its own difficulties and the significance of the success of this appeal should not be underestimated.’
Supreme Court Blog, 28th June 2018
Court of Appeal (Civil Division)
Court of Appeal (Criminal Division)
High Court (Administrative Court)
High Court (Chancery Division)
High Court (Commercial Court)
High Court (Queen’s Bench Division)
High Court (Technology and Construction Court)
‘The Bar Standards Board (BSB) has today published new guidance that aims to encourage barristers to follow good practice when they receive feedback from their clients. It has also published a guide for the public about using and leaving feedback about barristers’ services.’
Bar Standards Board, 28th June 2018
‘The government is under pressure to better protect victims of modern slavery and human trafficking in the UK, after landmark rulings against the Home Office’s treatment of a 15-year-old child and other victims. Lawyers are challenging “systematic deficiencies” in Theresa May’s flagship strategy to tackle modern slavery and protect victims. They urged the Home Office to respond to recent court rulings that show vulnerable victims are being failed.’
The Guardian, 28th June 2018
‘Associated Newspapers, the publisher of the Daily Mail, has paid libel damages to the brother of Princess Diana over a claim he acted in a heartless and callous way towards her following the collapse of her marriage to Prince Charles.’
The Independent, 28th June 2018
‘A cross-party group of MPs will seek to close a loophole in the government’s upskirting bill that could have allowed people who took images for financial gain or simply for fun to escape justice. The Conservative MP Maria Miller has held discussions with Labour’s Jess Phillips and the Liberal Democrat MP Wera Hobhouse about an amendment that would ensure there was a blanket ban on taking the voyeuristic images whatever the motivation.’
The Guardian, 29th June 2018
‘Scores of women have been forced to prove they were raped in order to get benefits under a new government policy, official figures show. In total, 190 women had to prove their child was conceived as a result of rape in order to receive financial support in the year after the two-child policy was introduced in April 2017.’
The Independent, 28th June 2018
‘The Home Office mistakenly detained more than 850 people between 2012 and 2017, some of whom were living in the UK legally, and the government was forced to pay out more than £21m in compensation as a result, officials have revealed.’
The Guardian, 28th June 2018
‘The UK tolerated “inexcusable” treatment of US detainees after the 9/11 attacks, MPs have found. The Intelligence and Security Committee said British agencies continued to supply intelligence to allies despite knowing or suspecting abuse in more than 200 cases.’
BBC News, 28th June 2018
Head of Legal Information and Pro Bono at Law for Life
Law for Life is seeking a passionate and experienced lawyer to join our expert legal information team. We are an independent legal charity that works to ensure that everyone has the knowledge, confidence and practical skills they need to secure access to justice. We do this through community-based education and training, research and policy, and through the Advicenow website which provides easy-to-use information on rights and the law for the public. In 2017 Advicenow won both the Access to Justice through IT Award at Legal Aid Lawyer of the Year, and a Plain English Campaign award.
We’re looking for a solicitor with 3 years PQE in civil or family law, to lead on researching, writing and updating legal information for the Advicenow service and to help us develop routes to affordable advice and unbundled services for our users. You will also manage our pro bono relationships.
Based at our London office, you’ll be joining us at an exciting time in our development as the leading charity in the field of public legal education. You’ll have a passion for communicating complex information clearly and simply to help members of the public (with a particular focus on litigants in person) better understand how to deal with every-day family and civil legal problems.
Conditions of Employment
Salary: £36,842 pa (pro rata), inclusive of London weighting. Cost of living pay awards are negotiated nationally and are normally effective from 1 August each year. Pension 9%.
Hours: 21 hours per week
Location: Law for Life, 404 China Works, Black Prince Road, London, SE1 7SJ. Nearest tube stations: Vauxhall, Stockwell, Westminster.
Holidays: Pro rata 25 working days per annum, exclusive of public holidays
For more details about the post please download the Job Description & Person Specification.
Please complete and return the application form addressing all the points in the Person Specification to: firstname.lastname@example.org
Application deadline: Sunday 8th July 2018, midnight.
Proposed interview dates: 16,17,23,24 July 2018.
‘A judge was wrong to penalise a claimant for not disclosing an important piece of evidence, given that the defendant made the part 36 offer she accepted in full knowledge of her dishonesty, the Court of Appeal has ruled.’
Litigation Futures, 26th June 2018