Recent Statutory Instruments – legislation.gov.uk

Posted January 16th, 2020 in legislation by tracey

The Administration of Estates Act 1925 (Fixed Net Sum) Order 2020

The Criminal Procedure (Amendment) Rules 2020

The Individual Savings Account (Amendment) Regulations 2020

The Child Trust Funds (Amendment) Regulations 2020

The Homes and Communities Agency (Transfer of Property etc.) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 16th, 2020 in law reports by tracey

High Court (Administrative Court)

Osman, R (On the Application Of) v Secretary of State for the Home Department [2020] EWHC 47 (Admin) (16 January 2020)

Samuel,R (On the Application Of) v Secretary of State for Justice [2020] EWHC 42 (Admin) (16 January 2020)

Thorpe Hall Leisure Ltd v Secretary of State for Housing, Communities And Local Government & Anor [2020] EWHC 44 (Admin) (15 January 2020)

High Court (Chancery Division)

Wheat v Google LLC [2020] EWHC 27 (Ch) (15 January 2020)

Musst Holdings v Astra Asset Management UK & Anor [2020] EWHC 22 (Ch) (15 January 2020)

High Court (Commercial Court)

Trans-Oil International SA v (Savoy Trading LP & Anor [2020] EWHC 57 (Comm) (16 January 2020)

Saab & Anor v Dangate Consulting Ltd & Ors [2020] EWHC 48 (Comm) (15 January 2020)

High Court (Queen’s Bench Division)

Wright v Granath [2020] EWHC 51 (QB) (16 January 2020)

Source: www.bailii.org

High Court judge rejects argument by council that unincorporated association did not have capacity to challenge site allocations plan- Local Government Lawyer

Posted January 16th, 2020 in judicial review, news, planning, unincorporated associations by sally

‘An unincorporated association does have capacity to bring both a judicial review and a statutory challenge, a High Court judge has ruled.’

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Local Government Lawyer, 15th January 2020

Source: www.localgovernmentlawyer.co.uk

Terminating leases for repudiatory breach – Wilberforce Chambers

Posted January 16th, 2020 in contracts, damages, landlord & tenant, leases, news by sally

‘A repudiatory breach of a contract (or a renunciation) can be a powerful weapon in the hands of the innocent party to the contract – it gives them a choice:
– Affirm the contract – keep it ongoing, sue for specific performance of whatever contractual obligation the other party has breached, and/or claim damages suffered as a result of the breach; or
– Accept the repudiation – bring the contract to an end, discharging both parties from further performance, and claim damages for loss occasioned by the termination.’

Full Story

Wilberforce Chambers, 8th January 2020

Source: www.wilberforce.co.uk

The right to manage – when procedural slips are non-fatal (Lexham House RTM Company Ltd v European Investments & Development (Properties) Ltd) – Falcon Chambers

Posted January 16th, 2020 in landlord & tenant, leases, news, notification by sally

‘The case demonstrates that a right-to-manage (RTM) company’s failure to serve a claim notice on a landlord of part of the premises will not amount to non-compliance with CLRA 2002, s 79(6) capable of invalidating the notice where, for all practical purposes, that landlord will not be affected by the RTM company’s assumption of the right to manage.’

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Falcon Chambers, 7th January 2020

Source: www.falcon-chambers.com

Insurance claims – Reservation of rights & Late payment by insurers – Where are we now? – 4 New Square

Posted January 16th, 2020 in damages, delay, insurance, news by sally

‘Knowing when and how an insurer’s rights should be reserved is a key skill for anyone involved in handling insurance claims. Listen to this podcast to hear Alison Padfield QC’s thoughts on this controversial issue, together with an outline of the new legislation on damages for late payment of claims by insurers – and why she thinks the two topics might be linked.’

Full Story

4 New Square, 14th January 2020

Source: www.4newsquare.com

One appeal, Two Bakers and Three tries at a fact finding – Transparency Project

Posted January 16th, 2020 in appeals, child abuse, evidence, news, sexual offences by sally

‘In D (Fact-finding appeal) [2019] EWCA Civ 2302 (20 December 2019) Lord Justice Baker gives the lead judgment concerning an appeal from His Honour Judge Baker. The upshot is that, the question of the child’s injuries having been the subject of two attempts at fact finding by His Honour Judge Baker (one a re-hearing in light of fresh evidence), the matter will now have to go back to a fresh judge for a third try. The little girl at the heart of the case is now 5 years old, her injuries were sustained two years ago and, as a consequence of the need to restart the fact finding process, her future will likely remain undecided for some months yet. She has been in foster care for 2 years, as has her brother who is briefly mentioned in the judgment.’

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Transparency Project, 15th January 2020

Source: www.transparencyproject.org.uk

The High Costs of Failure: Pursue the Claim at Your Peril! – Hardwicke Chambers

Posted January 16th, 2020 in costs, indemnities, insurance, news, piracy, ships by sally

‘The First Claimant (“the Owner”) owned a marine vessel damaged by fire at sea. It brought an insurance claim against the Defendants (“the Underwriters”). The Second Claimant, the mortgagee of the vessel (“the Bank”), claimed an indemnity against the Underwriters pursuant to an insurance policy for the constructive total loss of the vessel by piracy.’

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Hardwicke Chambers, 8th January 2020

Source: hardwicke.co.uk

Knife or offensive weapon offences at 10-year high in England and Wales – The Guardian

Posted January 16th, 2020 in news, offensive weapons, sentencing, statistics by sally

‘The number of knife or offensive weapon offences receiving cautions or convictions in England and Wales has hit a 10-year-high.’

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The Guardian, 16th January 2020

Source: www.theguardian.com

Ombudsman criticises council for failing to properly involve complainant in assessment and support planning process – Local Government Lawyer

Posted January 16th, 2020 in budgets, disabled persons, local government, news, ombudsmen, social services by sally

‘A council significantly delayed completing an assessment of a complainant’s social care needs, failed to complete a support plan before reducing his personal budget and failed to properly involve him in the assessment and support planning process, the Local Government and Social Care Ombudsman has found.’

Full Story

Local Government Lawyer, 16th January 2020

Source: www.localgovernmentlawyer.co.uk

Prison sentences for fly-tippers as government announces new ‘waste police’ unit – Daily Telegraph

Posted January 16th, 2020 in environmental protection, hazardous substances, news, prosecutions, waste by sally

‘Fly-tippers will face prison, the environment secretary has said, as the government announces a new “waste police” unit.f

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Daily Telegraph, 15th January 2020

Source: www.telegraph.co.uk

Judges’ sentencing in high-profile court cases to be televised – The Guardian

Posted January 16th, 2020 in judgments, media, news, sentencing by sally

‘Judges sentencing convicted offenders in high-profile criminal cases in England and Wales, including murders, rapes and other serious offences, will be televised from later this year, the Ministry of Justice has said.’

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The Guardian, 16th January 2020

Source: www.theguardian.com

Lessons learned from account forfeiture proceedings (NCA v Vlad Luca Filat) – 5 SAH

Posted January 16th, 2020 in bribery, corruption, forfeiture, money laundering, news by sally

‘The Crown Court dismissed Vlad Luca Filat’s appeal against the decision to forfeit £500,000 held in three bank accounts in his name. The court held that the money derived from bribery and corruption offences committed by the appellant’s father, the former prime minister of Moldova, and was obtained by money laundering. The case was the National Crime Agency’s first contested account forfeiture application. James Fletcher, barrister at 5SAH Chambers, who appeared for the National Crime Agency, suggests that these types of applications are likely to be deployed more and more often.’

Full Story

5 SAH, 14th January 2020

Source: www.5sah.co.uk

Strike out decision sent back over judge’s ‘lack of adequate reasoning’ – Law Society’s Gazette

Posted January 16th, 2020 in employment tribunals, news, reasons, striking out by sally

‘An employment tribunal has been ordered to look again at whether a claim against a law firm should continue, after the judge’s initial decision was found to be inadequately explained.’

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Law Society's Gazette, 15th January 2020

Source: www.lawgazette.co.uk

Service gateways—no English jurisdiction due to failure to show ‘substantial and efficacious acts committed within the jurisdiction’ (Manek & Ors v IIFL Wealth (UK) Ltd & Ors) – Hardwicke Chambers

Posted January 16th, 2020 in fraud, jurisdiction, misrepresentation, news, service out of jurisdiction by sally

‘The claimants sought to continue a fraudulent misrepresentation claim against two defendants who had been served out of the jurisdiction, but the Court held that the jurisdictional gateways relied upon under Practice Direction 6B were not made out.’

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Hardwicke Chambers, 8th January 2020

Source: hardwicke.co.uk

Resident fails in High Court challenge to planning consent for sand and gravel extraction project – Local Government Lawyer

Posted January 16th, 2020 in environmental protection, judicial review, news, planning by sally

‘A local resident has seen all four grounds for judicial review rejected in her challenge to Shropshire Council’s planning consent for a sand and gravel extraction project.’

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Local Government Lawyer, 16th January 2020

Source: www.localgovernmentlawyer.co.uk

Wellbeing charity and universities launch online resource promoting mental wellbeing practices for legal professionals – Local Government Lawyer

Posted January 16th, 2020 in charities, internet, legal profession, mental health, news, universities by sally

‘Legal mental health and wellbeing charity LawCare and academics at the University of Sheffield and The Open University have launched a free, online resource for legal professionals in hopes of teaching better wellbeing practices in the sector.’

Full Story

Local Government Lawyer, 16th January 2020

Source: www.localgovernmentlawyer.co.uk

Solicitor duped by ‘fake’ wife fined for failing to check ID – Legal Futures

Posted January 16th, 2020 in disciplinary procedures, fines, identity fraud, loans, news, solicitors by sally

‘An experienced solicitor has been fined £20,000 for misconduct after being duped into accepting that a woman was who she said she was because he did not require documentary proof.’

Full Story

Legal Futures, 16th January 2020

Source: www.legalfutures.co.uk

Criminal records scandal: police chiefs blame Theresa May – The Guardian

Posted January 16th, 2020 in budgets, criminal records, deportation, government departments, news, police by sally

‘Theresa May has been blamed by chief constables for botched police reforms that led to tens of thousands of alerts on foreign criminals being kept from their home countries.’

Full Story

The Guardian, 15th January 2020

Source: www.theguardian.com

Adoption practices under review amid concerns prospective parents being wrongfully turned away – Daily Telegraph

Posted January 16th, 2020 in adoption, minorities, news, race discrimination by sally

‘Adoption practices are set to be reviewed amid concerns that prospective parents are wrongfully being turned away in the wake of a landmark discrimination case.’

Full Story

Daily Telegraph, 16th January 2020

Source: www.telegraph.co.uk