Valuation under evaluation: proposals for reform – Tanfield Chambers

‘Nicola Muir considers the Law Commission’s options for reforming the valuation of residential lease extensions.’

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Tanfield Chambers, 18th October 2018

Source: www.tanfieldchambers.co.uk

Landmark day for state pension equality – BBC News

Posted November 6th, 2018 in budgets, equality, national insurance, news, pensions, statistics, women by sally

‘From Tuesday women in the UK will begin to qualify for their state pensions at the same age as men – currently 65.’

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BBC News, 5th November 2018

Source: www.bbc.co.uk

Farmer guilty over death of worker trapped by her hair – BBC News

Posted November 6th, 2018 in accidents, health & safety, homicide, negligence, news by sally

‘A farmer has been found guilty of causing the death of a 20-year-old woman whose hair became entangled in a milling machine.’

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BBC News, 5th November 2018

Source: www.bbc.co.uk

Law firm sanctioned over conveyancing conflicts – Legal Futures

‘A law firm that also owns an estate agency and acted for seller, buyer and as the seller’s agent in 14 residential conveyancing transactions has been fined over the conflict of interest this generated.’

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Legal Futures, 5th November 2018

Source: www.legalfutures.co.uk

Supreme Court rejects time bar in passenger death at sea case – OUT-LAW.com

‘The Supreme Court has issued an important judgment on the interaction between the 1974 Athens Convention on carriage of passengers by sea and time bar provisions in Scottish domestic law.’

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OUT-LAW.com, 5th November 2018

Source: www.out-law.com

Minister Orders Urgent Investigation Into Autistic And Learning Disabled Patients Being Locked Up – Rights Info

‘The Health Secretary has ordered a review into the use of seclusion and segregation in the care of people with learning disabilities and autism in secure hospitals.’

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Rights Info, 5th November 2018

Source: rightsinfo.org

Gloucester man jailed for murdering wife and stepdaughter – The Guardian

Posted November 6th, 2018 in domestic violence, families, murder, news, sentencing by sally

‘A man has been jailed for life and ordered to serve at least 29 years in prison for murdering his wife and stepdaughter in an episode of “wanton savagery”.’

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The Guardian, 5th November 2018

Source: www.theguardian.com

New Acts – legislation.gov.uk

Posted November 6th, 2018 in legislation by tracey

Mental Health Units (Use of Force) Act 2018

Non-Domestic Rating (Nursery Grounds) Act 2018

Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018

Source: www.legislation.gov.uk

Labour MP’s brother admits perverting course of justice – The Guardian

Posted November 6th, 2018 in dangerous driving, deceit, news, perverting the course of justice by sally

‘The brother of a Labour MP has admitted perverting the course of justice by lying to police about who was driving a speeding car.’

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The Guardian, 5th November 2018

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 6th, 2018 in legislation by tracey

The Zoonotic Disease Eradication and Control (Amendment) (England) (EU Exit) Regulations 2018

The Financial Regulators’ Powers (Technical Standards etc.) (Amendment etc.) (EU Exit) Regulations 2018

The Medicines and Healthcare Products Regulatory Agency Trading Fund (Amendment) (EU Exit) Order 2018

The Armed Forces Pension Schemes and Early Departure Payments Schemes (Amendments Relating to Flexible Working and Miscellaneous Amendments) Regulations 2018

The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2018

The Data Retention and Acquisition Regulations 2018

The Ministry of Defence Police (Conduct and Appeals Tribunals) (Amendment) Regulations 2018

The Coroners Allowances, Fees and Expenses (Amendment) Regulations 2018

The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment No. 3) Regulations 2018

The International Recovery of Maintenance (Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance 2007) (EU Exit) Regulations 2018

The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018

The Ship Recycling (Requirements in relation to Hazardous Materials on Ships) (Amendment etc.) Regulations 2018

The Childcare (Miscellaneous Amendments) (EU Exit) (England) Regulations 2018

The Non-Contentious Probate (Amendment) Rules 2018

The Plant Health (England) (Amendment) (No. 5) Order 2018

The Child Tax Credit (Amendment) Regulations 2018

The Universal Credit and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 6th, 2018 in law reports by tracey

Supreme Court

Dooneen Ltd (t/a McGinness Associates)& Anor v Mond (Scotland) [2018] UKSC 54 (31 October 2018)

Court of Appeal (Civil Division)

Ogiehor v Ogiehor [2018] EWCA Civ 2423 (02 November 2018)

Terry v BCS Corporate Acceptances Ltd & Ors [2018] EWCA Civ 2422 (02 November 2018)

Court of Appeal (Criminal Division)

Aziz & Ors v R [2018] EWCA Crim 2412 (02 November 2018)

E, R v [2018] EWCA Crim 2426 (01 November 2018)

High Court (Administrative Court)

CPRE Surrey & Anor v Waverley Borough Council & Ors [2018] EWHC 2969 (Admin) (05 November 2018)

IO (Nigeria), R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 2940 (Admin) (02 November 2018)

Bah, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 2942 (Admin) (02 November 2018)

Liral Veget Training And Recruitment Ltd, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 2941 (Admin) (02 November 2018)

Islam, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 2939 (Admin) (02 November 2018)

Valiati v Director Of Public Prosecutions [2018] EWHC 2908 (Admin) (01 November 2018)

Guerry, R (on the application of) v & Ors [2018] EWHC 2899 (Admin) (01 November 2018)

High Court (Chancery Division)

Noble Group Ltd, Re [2018] EWHC 2911 (Ch) (02 November 2018)

High Court (Commercial Court)

Suez Fortune Investments Ltd & Anor v Talbot Underwriting Ltd & Ors [2018] EWHC 2929 (Comm) (05 November 2018)

RJ & Anor v HB [2018] EWHC 2958 (Comm) (05 November 2018)

Bombardier Transportation UK Ltd v Hitachi Rail Europe Ltd & Ors (Rev 1) [2018] EWHC 2926 (TCC) (02 November 2018)

High Court (Family Division)

Hart v Hart [2018] EWHC 2966 (Fam) (05 November 2018)

High Court (Queen’s Bench Division)

Lysongo v The Foreign and Commonwealth Office & Anor [2018] EWHC 2955 (QB) (05 November 2018)

YAH v Medway NHS Foundation Trust [2018] EWHC 2964 (QB) (05 November 2018)

Birmingham City Council v Amey Birmingham Highways Ltd [2018] EWHC 2875 (QB) (02 November 2018)

Doyle v Smith [2018] EWHC 2935 (QB) (02 November 2018)

Gill v Heer Manak Solicitors [2018] EWHC 2881 (QB) (30 October 2018)

High Court (Technology and Construction Court)

Bombardier Transportation UK Ltd v Hitachi Rail Europe Ltd & Ors [2018] EWHC 2926 (TCC) (02 November 2018)

Source: www.bailii.org

Naomi McLoughlin Discusses the Recent Case of Surrey County Council v Hilliard (2018) – Park Square Barristers

‘The legal test in considering a breach of s41 remains to be found in James v Preseli Pembrokeshire DC [1993] PIQR P114 and Jones v Rhondda Cynon Taff CBC [2008] EWCA Civ 1497. Whilst the appellant was successful on the basis two pieces of evidence had not been considered with the correct weight, the lower Court had nonetheless applied the correct legal test.’

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Park Square Barristers, 30th October 2018

Source: www.parksquarebarristers.co.uk

Environmental Law Podcast – October 2018 – Six Pump Court

‘This short update focuses on October’s key legal developments, which this month include environmental permit breaches for Healthcare Environmental Services Ltd concerning the treatment of clinical waste, classifying, labelling and packaging of chemicals post-Brexit, and the government’s request for guidance from the Committee on Climate Change on how to move to zero emissions of greenhouse gases.’

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Six Pump Court, 26th October 2018

Source: www.6pumpcourt.co.uk

Nicholas Saunderson v Cambridge Park Court Residents Association Limited [2018] UKUT 182 (LC) – Tanfield Chambers

Posted November 5th, 2018 in appeals, covenants, housing, jurisdiction, landlord & tenant, leases, news, tribunals by sally

‘The Upper Tribunal considered the extent of a tenant’s liability to pay for communal heating when that obligation arose only by an estoppel by convention and, in fact, the tenant’s flat was no longer connected to the communal system.’

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Tanfield Chambers, 5th October 201

Source: www.tanfieldchambers.co.uk

Environmental Law News Update – Six Pump Court

‘In this latest Environmental Law News Update, Christopher Badger and Mark Davies consider the environmental implications of yesterday’s Budget, a consultation between the FCA and the PRA on climate change and finance, and a recent case holding that an EIR request was “manifestly unreasonable”.’

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Six Pump Court, 30th October 2018

Source: www.6pumpcourt.co.uk

Avon Ground Rents Ltd v Child [2018] UKUT 204 (LC) – Tanfield Chambers

‘The UT comprised of Holgate J and HHJ Hodge QC (also sitting as County Court judges) gave valuable guidance concerning the importance of judges maintaining jurisdictional clarity and seperation when sitting as both FTT judges and County Court judges under the Residential Property Dispute Deployment Pilot.’

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Tanfield Chambers, 5th October 2018

Source: www.tanfieldchambers.co.uk

‘Low-level’ paedophiles could avoid jail terms under new guidance – Daily Telegraph

‘Police have been told by government that paedophiles caught with indecent child abuse images can receive conditional cautions instead of jail as police struggle to cope with an explosion of cases.’

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Daily Telegraph, 2nd November 2018

Source: www.telegraph.co.uk

A not so short assured shorthold tenancy – Tanfield Chambers

Posted November 5th, 2018 in housing, landlord & tenant, leases, limitations, news, rent by sally

‘The ground rent scandal can give rise to accidental ASTs with unexpected consequences.’

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Tanfield Chambers, 18th October 2018

Source: www.tanfieldchambers.co.uk

Supreme Court to hear key case on village greens and public authority land – Local Government Lawyer

Posted November 5th, 2018 in appeals, commons, judicial review, local government, news, Supreme Court by sally

‘The Supreme Court has agreed to hear conjoined cases over village greens, public authority-owned land and the concept of ‘statutory incompatibility’, it has been reported.’

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Local Government Lawyer, 5th November 2018

Source: www.localgovernmentlawyer.co.uk

Defendants pay heavy price for refusing to discuss costs – Law Society’s Gazette

‘Defendants in a professional negligence claim who rejected the chance to settle costs have been left nursing a bill at least three times higher than it might have been.’

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Law Society's Gazette, 2nd November 2018

Source: www.lawgazette.co.uk