R (Gaskin) v Richmond upon Thames LBC – Arden Chambers

‘The Administrative Court has held that a person who owns, and lets out rooms in, a House in Multiple Occupation (“HMO”) provides a service for the purposes of EU Directive 2006/123/EC (the “Directive”) and the Provision of Services Regulations 2009, SI 2009/2999 (the “Regulations”), and that the HMO licensing scheme under Part 2, Housing Act 2004 is an “authorisation scheme” for the purposes of the Directive and Regulations. The decision of the CJEU in R (Hemming t/a Simply Pleasure) v Westminster CC [2017] 3 WLR 317, therefore applies to the fees that may be charged on a Part 2 licensing application, so that where a local authority demanded payment on application of an upfront fee which covered not merely the costs of processing the application, but also the costs of administering and enforcing the scheme, the fee was unlawful.’

Full Story

Arden Chambers, 31st July 2018

Source: www.ardenchambers.com

Tax Evasion Offences – Where Are We, A Year On? – Drystone Chambers

Posted August 9th, 2018 in news, tax evasion by sally

‘As part of the numerous reforms that the Criminal Finance Act introduced, there were two new offences created in 2017. This article will discuss where we are now; over fourteen months after the offences were brought into force. The offences were introduced as a reaction (some might say knee-jerk reaction), to the Panama papers controversy; and as such, new offences of corporate facilitation of domestic tax evasion and failure to prevent facilitation of foreign tax evasion were included in the Act. The aim is to target the facilitators and enablers of tax evasion, although this does not seem to have been put into action.’

Full Story

Drystone Chambers, July 2018

Source: drystone.com

R (Sambotin) v Brent LBC – Arden Chambers

Posted August 9th, 2018 in disabled persons, homelessness, housing, judicial review, news, statutory duty by sally

‘The Court of Appeal has dismissed an appeal by a local authority in which they had sought to withdraw a concluded decision as to what duty was owed to a homeless person; such a decision could only be withdrawn in cases of fraud or fundamental mistake of fact, neither of which were present.’

Full Story

Arden Chambers, 31st July 2018

Source: www.ardenchambers.com

Extensions of Moratorium Periods and How it Can Be Challenged – Drystone Chambers

Posted August 9th, 2018 in freezing injunctions, news, proceeds of crime, time limits by sally

‘The NCA now have the power to extend the moratorium period on Suspected Activity Reports (SAR) by 31 days, up to a total of 186 days. This is due to the amendment of the Proceeds of Crime Act 2002 (‘the Act’), by the Criminal Finance Act 2017. It is usually clear to an interested party when this is happening, due to delay from the banks in releasing their money. The banks cannot confirm this due to the tipping off provisions.’

Full Story

Drystone Chambers, July 2018

Source: drystone.com

Council and police ordered to pay £52k to claimant over housing of sex offender – Local Government Lawyer

Posted August 9th, 2018 in children, housing, local government, news, police, sexual offences by tracey

‘Leicester City Council and the Chief Constable of Leicestershire have been ordered by the High Court to pay in all £52,000 to a claimant JW after a level 3 sex offender was housed near to the children’s home in which he lived.’

Full Story

Local Government Lawyer, 8th August 2018

Source: www.localgovernmentlawyer.co.uk

Appeal judges take master to task for handing boxes of documents to non-party – Litigation Futures

‘The Court of Appeal has strongly criticised a Queen’s Bench Master who allowed six boxes of court documents to be removed from the High Court by a non-party without notifying the defendant.’

Full Story

Litigation Futures, 9th August 2018

Source: www.litigationfutures.com

Senior judge warns experts over conditional fee agreements – Litigation Futures

Posted August 9th, 2018 in disciplinary procedures, expert witnesses, fees, news by tracey

‘The president of the Upper Tribunal’s Lands Chamber has warned expert witnesses that it could refer them to their professional bodies if they break the rules on conditional fees.’

Full Story

Litigation Futures, 8th August 2018

Source: www.litigationfutures.com

Capacity on the cobbles, Coronation Street’s inheritance dispute storyline – Family Law

Posted August 9th, 2018 in gifts, intestacy, mental health, news, wills by tracey

‘As Coronation Street fans will know, Aidan Connor (played by Shayne Ward) tragically committed suicide earlier this year. Following his death, his family were shocked to discover that he left his share of his business, Underworld, to his friend and former business partner Alya Nazir. Aidan’s half-sister, Carla Connor, was particularly outraged by this. She had gifted her interest in the business to Aidan earlier in the year, after he had made his will but before his death. Carla and family consulted a local solicitor, Adam Barlow, who suggested that they could challenge the will on the grounds that Aidan lacked capacity due to depression.’

Full Story

Family Law, 8th August 2018

Source: www.familylaw.co.uk

Paediatricians as Expert Witnesses in the Family Courts in England and Wales: Standards, competencies and expectations – Courts and Tribunals Judiciary

Posted August 9th, 2018 in children, doctors, expert witnesses, family courts by tracey

‘Produced by the Family Justice Council and the Royal College of Paediatrics and Child Health, this guide directs the reader to discipline-specific information with regards to paediatricians as expert witnesses. It is intended to be used by all stakeholders as a companion document to the generic expert witness standards set out in Part 25 of the Family Procedure Rules.’

Full text

Courts and Tribunals Judiciary, 7th August 2018

Source: www.judiciary.uk

‘It’s not fair on you to continue’ – judge kills off LiP’s epic claim – Law Society’s Gazette

Posted August 9th, 2018 in abuse of process, insolvency, litigants in person, news, striking out by tracey

‘A High Court judge has sought once and for all to close three-year proceedings brought by a litigant in person, saying it is not fair to use court time to indulge the matter any further.’

Full Story

Law Society's Gazette, 9th August 2018

Source: www.lawgazette.co.uk

Divorce and Financial Remedy Update, August 2018 – Family Law Week

Posted August 9th, 2018 in bills, divorce, family courts, financial provision, news, periodical payments by tracey

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the news and case law relating to financial remedies and divorce during July 2018.’

Full Story

Family Law Week, 8th August 2018

Source: www.familylawweek.co.uk

Victims may stop reporting rape over fears phone evidence will be used against them, official warns – The Independent

Posted August 9th, 2018 in evidence, news, police, rape, victims by tracey

‘Women may not report rape to police because of fears material from their phones will be used to discredit them, the victims commissioner for London has warned.’

Full Story

The Independent, 8th August 2018

Source: www.independent.co.uk

Asset Seizures – An Overview of the New POCA Powers Brought in Under Criminal Finance Act 2017 – Drystone Chambers

Posted August 9th, 2018 in forfeiture, news, proceeds of crime by sally

‘The last tranche of the Criminal Finance Act 2017 (‘CFA’) was enacted on the 17th of April 2018, which put in place the laws in relation to the forfeiture of movable property. For the ease of purpose, I have called this asset seizure, to bring it into its rightful place along with account and cash seizures.’

Full Story

Drystone Chambers, July 2018

Source: drystone.com

Modern slavery prosecutions rise by a quarter amid criticism of government crackdown – The Independent

Posted August 9th, 2018 in forced labour, news, prosecutions, statistics by tracey

‘The number of modern slavery prosecutions has risen by more than a quarter in the past year, but still make up a small fraction of the thousands of potential cases flagged to authorities.’

Full Story

The Independent, 9th August 2018

Source: www.independent.co.uk

Rochdale grooming gang members face deportation after losing appeal – Daily Telegraph

Posted August 9th, 2018 in child abuse, citizenship, deportation, news, sexual grooming by tracey

‘Three members of the Rochdale grooming gang have been stripped of their British citizenship and face deportation as a Judge said it is for the “public good” that they return to Pakistan.’

Full Story

Daily Telegraph, 8th August 2018

Source: www.telegraph.co.uk

Civil service unions start legal case after government fails to consult on pay – The Guardian

Posted August 9th, 2018 in civil servants, consultations, judicial review, news, remuneration, trade unions by tracey

‘Civil service unions are seeking a judicial review over the government’s failure to consult on pay. Three unions, representing 200,000 public employees, have accused ministers of never intending to consult staff before offering a new pay cap of 1.5%.’

Full Story

The Guardian, 8th August 2018

Source: www.theguardian.com

Nurse who set himself on fire outside Kensington Palace after losing job was ‘treated unfairly’, report finds – The Independent

Posted August 9th, 2018 in disciplinary procedures, dismissal, news, nurses, suicide by tracey

‘A nurse who burnt himself to death outside Kensington Palace after losing his job was “treated unfairly”, an independent report has found.’

Full Story

The Independent, 9th August 2018

Source: www.independent.co.uk

The International Dimension of the Proceeds of Crime Act 2002 – Drystone Chambers

Posted August 9th, 2018 in foreign jurisdictions, news, proceeds of crime by sally

‘Organised crime is an international business. Assets are not kept in one country but moved rapidly from one jurisdiction to another. Stopping this flow of money is crucial to the international effort to curb the effect of organised crime in every jurisdiction. This can only be done by better regulation, prosecution of criminal matters and the use of non-conviction based asset recovery. This has been recognised in recent times both nationally and internationally.’

Full Story

Drystone Chambers, July 2018

Source: drystone.com

Learn for Free: Law Courses & Lectures Online

Posted August 9th, 2018 in Uncategorized by sally

We have curated a list of over 250 free legal education resources, including MOOCs, courseware, lecture collections and podcasts, covering a range of topics and jurisdictions.

We are still adding to this list. If you have any suggestions for inclusion please contact smclaren@innertemple.org.uk