12/11/2018 – Current Awareness

Service charge claims – paying trial fees and concurrent jurisdiction – Nearly Legal

Posted November 12th, 2018 in fees, jurisdiction, leases, news, service charges by tracey

‘Hyslop v 38/41 CHG Residents Company Ltd QBD 05/11/2018. CHG were the freeholder of a property with various leasehold flats. The FTT had determined that Ms Hyslop and other leaseholders owed CHG certain service charges. H applied to the Upper Tribunal for permission to appeal out of time and this was granted. However CHG then brought a claim in the county court against H for non payment of service charges over a five year period.’

Nearly Legal, 8th November 2018

Source: nearlylegal.co.uk

Who needs a wall anyway? Unfit to occupy and risk of collapse – Nearly Legal

Posted November 12th, 2018 in defective premises, landlord & tenant, leases, news, rent by tracey

‘Or, the significance of tenancy agreement clauses.’

Nearly Legal, 8th November 2018

Source: nearlylegal.co.uk

High Court: administrator appointment can be simultaneous with court notice – OUT-LAW.com

Posted November 12th, 2018 in administrators, insolvency, news, notification, time limits by tracey

‘The High Court in England has confirmed that the industry standard wording used in the notice of appointment does not invalidate the appointment of the administrators. The same practice had previously been called into question in a case involving NJM Clothing.’

OUT-LAW.com, 12th November 2018

Source: www.out-law.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 12th, 2018 in legislation by tracey

The Crime and Courts Act 2013 (Deferred Prosecution Agreements) (Amendment of Specified Offences) Order 2018

The Third Parties (Rights Against Insurers) Act 2010 (Consequential Amendment of Companies Act 2006) Regulations 2018

The Technical and Further Education Act 2017 (Commencement No. 4) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 12th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Cardtronics Europe Ltd & Ors v Syke & Ors (Valuation Officers) [2018] EWCA Civ 2472 (09 November 2018)

High Court (Administrative Court)

Intertrade Wholesale Ltd & Ors, R (On the Application Of) v Revenue And Customs & Anor [2018] EWHC 3046 (Admin) (09 November 2018)

High Court (Commercial Court)

Gruber & Ors v AIG Management France, SA & Ors [2018] EWHC 3030 (Comm) (09 November 2018)

High Court (Family Division)

NN v AS & Ors [2018] EWHC 2973 (Fam) (06 November 2018)

High Court (Queen’s Bench Division)

Pal v Commissioner of the Police for the Metropolis [2018] EWHC 2988 (QB) (09 November 2018)

Taylo v Fascia Future Ltd [2018] EWHC 3049 (QB) (09 November 2018)

Source: www.bailii.org

Case Comment: KO (Nigeria) & Ors v Secretary of State for the Home Department [2018] UKSC 53 Part Two – UKSC Blog

Posted November 12th, 2018 in children, deportation, foreign jurisdictions, human rights, news, public interest, Supreme Court by tracey

‘(ii) Undue Harshness

Next, the court opined that the structure of s 117C was difficult to follow as it begins by asad-khanstressing that deporting foreign criminals is in the public interest; which increases with the seriousness of the offending. The unimpressive drafting led Lord Carnwath to observe that rather than expressly indicating “how or at what stage of the process those general rules are to be given effect,” s 117C is instead devoted to rules for two types of foreign criminals and two exceptions.’

UKSC Blog, 9th November 2018

Source: ukscblog.com

Case Comment: KO (Nigeria) & Ors v Secretary of State for the Home Department [2018] UKSC 53 Part One – UKSC Blog

Posted November 12th, 2018 in children, deportation, foreign jurisdictions, human rights, news, public interest, Supreme Court by tracey

‘The Supreme Court unanimously dismissed these appeals. But thankfully Lord Carnwath’s meticulous judgment clarified wide-ranging misconceptions in the courts below regarding the correct interpretation of the Nationality, Immigration and Asylum Act 2002 (as amended), Part 5A, ss 117A to 117D. Centrally, s 117D(1) defines a “qualifying child” as someone under the age of 18 who is either a British citizen or has lived in the UK for a continuous period of seven years or more. Despite the controversial nature and history of these cases, Lord Carnwath’s short but robust judgment concentrates on simplicity because the novel statutory scheme aims “to produce a straightforward set of rules” on ECHR, art 8 and public interest considerations.’

UKSC Blog, 9th November 2018

Source: ukscblog.com

Owner of unauthorised scrap yard hit for £200k in fines, costs and confiscation – Local Government Lawyer

Posted November 12th, 2018 in confiscation, costs, enforcement notices, fines, news, proceeds of crime, waste by tracey

‘The owner of an unauthorised scrap yard in South Staffordshire was last month fined £24,000 and ordered to pay court costs of £28,280 at Birmingham Crown Court.’

Local Government Lawyer, 12th November 2018

Source: www.localgovernmentlawyer.co.uk

Speech by Lord Justice McFarlane: Bond Solon Experts Conference 2018 – Courts and Tribunals Judiciary

Posted November 12th, 2018 in expert witnesses, family courts, speeches by tracey

‘As a family judge, and now the judge responsible for the family justice system throughout England and Wales, I am very pleased to be able to address this conference and to take the opportunity to say something about the role of experts in family proceedings, the role of experts more generally before concluding, on a topic which may be of general interest to each of you, by saying something about the radical changes which are currently being developed and implemented in every court and tribunal and in every area of jurisdiction, be it criminal, civil or family law.’

Courts and Tribunals Judiciary, 9th November 2018

Source: www.judiciary.gov.uk

MoJ sets minimum standards to improve probation performance – Law Society’s Gazette

Posted November 12th, 2018 in contracting out, news, probation, standards by tracey

‘The government expects probation providers to offer monthly face-to-face meetings with offenders during the first year of supervision, the lord chancellor has told MPs concerned about the government’s approach to rehabilitation.’

Law Society's Gazette, 9th November 2018

Source: www.lawgazette.co.uk

Woman’s faulty bed sex fall claim rejected at High Court – BBC News

Posted November 12th, 2018 in accidents, news, personal injuries by tracey

‘A woman left paralysed after being “catapulted” from her new bed during sex has lost a seven-figure damages claim.’

BBC News, 9th November 2018

Source: www.bbc.co.uk

Burglar jailed after being found asleep and cradling stolen jewellery in his arms – The Independent

Posted November 12th, 2018 in burglary, news, sentencing by tracey

‘A burglar who was found fast asleep cradling stolen jewellery in his arms, has been jailed.’

The Independent, 10th November 2018

Source: www.independent.co.uk

HMP Birmingham: ‘Signs of improvement’ at ‘worst’ prison – BBC News

Posted November 12th, 2018 in contracting out, news, prisons, reports, violence, violent offenders by tracey

‘A troubled prison that was taken over by the government is showing early signs of improvement, inspectors say.’

BBC News, 12th November 2018

Source: www.bbc.co.uk

TaxPayers’ Alliance concedes it launched smears against Brexit whistleblower – The Guardian

Posted November 12th, 2018 in belief discrimination, brexit, lobbying, news, referendums, unfair dismissal, whistleblowers, wrongful dismissal by tracey

‘The rightwing pressure group the TaxPayers’ Alliance has conceded that it illegally sacked the whistleblower Shahmir Sanni for revealing unlawful overspending in the Brexit referendum campaign, in a case that could have a major impact on how lobbyists are described in the media.’

The Guardian, 11th November 2018

Source: www.theguardian.com

Final salary pension transfers stall as High Court throws rules into doubt – Daily Telegraph

Posted November 12th, 2018 in banking, complaints, financial regulation, news, ombudsmen, pensions by tracey

‘People who attempt to swap final salary company pensions for cash are being left in limbo following a controversial legal judgment.’

Daily Telegraph, 12th November 2018

Source: www.telegraph.co.uk

Man who tricked straight men into sex by posing as woman on Tinder jailed – The Independent

Posted November 12th, 2018 in identity fraud, news, sentencing, sexual offences by tracey

‘A man who posed as a woman online to trick would-be suitors into blindfolded sexual encounters at his flat has been jailed.’

The Independent, 10th November 2018

Source: www.independent.co.uk

Police ‘hamstrung’ by outdated technology in fight against crime, Cressida Dick warns – The Independent

Posted November 12th, 2018 in crime prevention, facial mapping, news, offensive weapons, police by tracey

‘Britain’s most senior police officer has said officers are “hamstrung” by outdated technology while the “bad guys” race ahead. Cressida Dick, commissioner of London’s Metropolitan Police, said the government had repeatedly called on the police service to transform itself and make use of new technology, but failed to provide the national leadership needed to do it.’

The Independent, 11th November 2018

Source: www.independent.co.uk

Police in talks to scrap ‘reasonable grounds’ condition for stop and search – The Guardian

Posted November 12th, 2018 in news, offensive weapons, police, race discrimination, stop and search by tracey

‘Police chiefs want to trigger an expansion of stop and search by lowering the level of suspicion an officer needs against a suspect to use the power, the Guardian has learned.’

The Guardian, 11th November 2018

Source: www.theguardian.com

Information Commissioner called to investigate ‘antiquated and wrong’ demands for rape victims’ records – The Independent

Posted November 12th, 2018 in disclosure, evidence, news, police, privacy, prosecutions, rape, sexual offences, telecommunications by tracey

‘Campaigners are demanding a full investigation into “antiquated and wrong” demands for access to rape victims’ mobile phone data and personal records. The Information Commissioner’s Office (ICO) is considering widening an existing probe into the use of claimants’ information, amid claims that prosecutors are making increasingly intrusive demands.’

The Independent, 11th November 2018

Source: www.independent.co.uk

Categories

Archives