Lancashire Hot Pot – waiver of forfeiture and landlord knowledge of breach – Nearly Legal

Posted January 27th, 2021 in covenants, forfeiture, landlord & tenant, leases, news, rent by sally

‘On 22nd January the Court of Appeal handed down its judgment in the case of Faiz v Burnley Borough Council (2021) EWCA Civ 55. Judgment dismissing the appeal was given by Lewison LJ; with whom Arnold and Asplin LLJs agreed. The case came on appeal from the decision of HHJ Halliwell (2020) EWHC 407 (Ch).’

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Nearly Legal, 26th January 2021

Source: nearlylegal.co.uk

Coronavirus: Cut jury size to clear courts backlog – Labour – BBC News

Posted January 27th, 2021 in coronavirus, courts, criminal justice, delay, juries, news, political parties by sally

‘Labour is calling for juries to be cut from 12 members to seven, to stem the “gravest crisis” in the justice system since World War Two.’

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BBC News, 26th January 2021

Source: www.bbc.co.uk

UK regulator to write to WhatsApp over Facebook data sharing – The Guardian

Posted January 27th, 2021 in data protection, internet, news, privacy, select committees by sally

‘The UK’s data regulator is writing to WhatsApp to demand that the chat app does not hand user data to Facebook, as millions worldwide continue to sign up for alternatives such as Signal and Telegram to avoid forthcoming changes to its terms of service.’

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The Guardian, 26th January 2021

Source: www.theguardian.com

Barrister suspended for “sexual” touching without consent – Legal Futures

Posted January 27th, 2021 in barristers, consent, disciplinary procedures, harassment, news, sexual offences, women by sally

‘A barrister who touched two individuals sexually has been suspended from practice for three months by a Bar disciplinary tribunal.’

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Legal Futures, 26th January 2021

Source: www.legalfutures.co.uk

Lockdown may have played part in rise of domestic child killings, says Met – The Guardian

Posted January 27th, 2021 in child abuse, coronavirus, homicide, London, mental health, news, police by sally

‘The pressures of lockdown may have played a part in a rise in children killed in domestic homicides, Britain’s biggest police force today said.’

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The Guardian, 26th January 2021

Source: www.theguardian.com

Thirty-one Met Police officers face £200 fixed penalty after breaching Covid-19 regulations with haircut at station – Local Government Lawyer

Posted January 27th, 2021 in coronavirus, London, news, penalties, police, regulations by sally

‘A group of 31 Metropolitan Police officers are facing a £200 fixed penalty notice after breaching Covid-19 regulations while on duty, the police force has revealed.’

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Local Government Lawyer, 26th January 2021

Source: www.localgovernmentlawyer.co.uk

Tyrell Robinson and Korie Berman jailed for sexual activity with children – BBC News

Posted January 27th, 2021 in child abuse, news, sentencing, sexual offences by sally

‘A former Bradford City footballer has been jailed for having sex with an underage girl and taking a photograph of his friend in bed with two others.’

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BBC News, 26th January 2021

Source: www.bbc.com

CPS accused of ‘systemic illegality’ in charging rape cases – The Guardian

Posted January 27th, 2021 in codes of practice, Crown Prosecution Service, equality, news, prosecutions, rape, women by sally

‘The Crown Prosecution Service (CPS) has been accused of “systemic illegality” in its approach to charging rape cases in a landmark judicial review into how the crime is prosecuted.’

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The Guardian, 26th January 2021

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted January 27th, 2021 in legislation by tracey

The Domestic Renewable Heat Incentive Scheme and Renewable Heat Incentive Scheme (Amendment) Regulations 2021

The Sexual Offences Act 2003 (Prescribed Police Stations) (England and Wales) (Amendment) Regulations 2021

The Official Controls (Temporary Measures) (Coronavirus) (Amendment) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 27th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Lowe v The Secretary of State for the Home Department [2021] EWCA Civ 62 (25 January 2021)

High Court (Administrative Court)

Russnak-Johnston v Reading Magistrates’ Court [2021] EWHC 112 (Admin) (26 January 2021)

Mendes, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 115 (Admin) (25 January 2021)

High Court (Chancery Division)

Reaux-Savonte v Comptroller-General of Patents, Designs and Trade Marks [2021] EWHC 78 (Ch) (22 January 2021)

High Court (Family Division)

EM v BK [2021] EWHC 108 (Fam) (22 January 2021)

High Court (Technology and Construction Court)

Aquila Heywood Ltd v Local Pensions Partnership Administration Ltd [2021] EWHC 114 (TCC) (25 January 2021)

Source: www.bailii.org

The impact of Covid-19 on women’s sport – how the virus compounds funding disparities – Littleton Chambers

Posted January 26th, 2021 in coronavirus, news, remuneration, sport, women by sally

‘The impact of Covid-19 on sport has been significant but not all sports, or athletes, have been affected equally. In particular women’s sport and women’s teams have experienced the pandemic very differently from their male counterparts.’

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Littleton Chambers, 18th January 2021

Source: littletonchambers.com

Court of Appeal Considers ‘Lost Years’ Claims in Head v The Culver Heating Co Ltd – Ropewalk Chambers

‘In a judgment handed down on 18 January 2021 in Head v The Culver Heating Co Ltd [2021] EWCA Civ 34, the Court of Appeal unanimously allowed an appeal against the decision of HHJ Melissa Clarke dismissing the Claimant’s “lost years” claim. The judge had dismissed the claim on the basis that the Claimant’s income derived from his successful family business, the profitability of which would continue after his death such that there was no loss. In the Court of Appeal, however, Bean LJ (with whom Males and Andrews LJJ agreed) held that the Claimant’s income was the product of his hard work and flair as opposed to a return on passive investment, such that it should be treated as earnings rather than investment income and was thus recoverable in the “lost years” claim.’

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Ropewalk Chambers, 19th January 2021

Source: www.ropewalk.co.uk

Is it a single dwelling? Determination of breach not required where shop converted to multiple flats in breach of lease – Hardwicke Chambers

‘David Peachey was recently successful in Zash Properties Limited v Landau Medical Consultancy Limited (County Court, HHJ Johns QC), which dealt with the conversion of a shop into two studio flats in breach of lease. The case raises interesting points about whether a determination of breach is required prior to the service of s.146 notices in respect of headleases of multiple dwellings, and whether it is reasonable for a landlord to refuse consent for change of use from commercial to residential use because of the statutory rights applicable to residential long leases.’

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Hardwicke Chambers, 18th January 2021

Source: hardwicke.co.uk

Remote justice and Tribunal case management – Doughty Street Chambers

‘In GL v Elysium Healthcare Upper Tribunal Judge Kate Markus has provided a helpful reminder of the importance of maintaining standards of fairness in the remote environment.’

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Doughty Street Chambers, 12th January 2021

Source: insights.doughtystreet.co.uk

Housing allocation and Catch-22 – Law Society’s Gazette

‘In his comically surreal war novel, Joseph Heller explained the paradox of Catch-22: “A concern for one’s safety in the face of dangers that were real and immediate was the process of a rational mind.” For if you flew more missions you were crazy and did not have to. But if you did not want to you were sane and had to. In other words, a no-win situation.

This was unfortunately the position faced by Mrs Habibo Nur (Mrs Nur), a Birmingham City Council housing applicant with three adult daughters including one, Zakiya, who has learning difficulties and suffers from cerebral palsy. Zakiya consequently requires support with daily living activities and has been assessed as needing a level access shower, access to stairs with bilateral handrails and accommodation with a downstairs toilet.’

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Law Society's Gazette, 25th January 2021

Source: www.lawgazette.co.uk

The Court of Appeal considers Domestic Abuse – Part 2 – Transparency Project

Posted January 26th, 2021 in appeals, domestic violence, family courts, internet, news, remote hearings by sally

‘This post summarises the individual issues in the four appeals. Part 3 will cover the wider issues of principle and some of the themes that emerged in the course of the hearing, and will provide some materials for further reading.’

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Transparency Project, 24th January 2021

Source: www.transparencyproject.org.uk

Court rejects Covid adjournment to press on with in-person trial – Legal Futures

Posted January 26th, 2021 in adjournment, case management, coronavirus, news, remote hearings, witnesses by sally

‘The High Court has ruled that the fears of three witnesses about giving evidence in person during the UK’s winter Covid spike should not lead to a five-week complex commercial trial being adjourned.’

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Legal Futures, 26th January 2021

Source: www.litigationfutures.com

Husband who murdered wife and pensioner sentenced to life as judge dismisses ‘insanity’ defence – Daily Telegraph

Posted January 26th, 2021 in defences, domestic violence, drug abuse, insanity, murder, news, sentencing by sally

‘A man who murdered his wife and a pensioner during a “psychotic episode” has been jailed for life.’

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Daily Telegraph, 25th January 2021

Source: www.telegraph.co.uk

Man, 19, who groomed and murdered schoolboy jailed for life – The Guardian

Posted January 26th, 2021 in murder, news, sentencing, sexual grooming, young offenders by sally

‘A 19-year-old man who groomed and then beat a schoolboy to death in some woods in Cheshire has been jailed for at least 28 years, for what the judge described as a carefully planned, premeditated murder.’

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The Guardian, 25th January 2021

Source: www.theguardian.com

The Court of Appeal considers Domestic Abuse – Part 1 – Transparency Project

Posted January 26th, 2021 in appeals, domestic violence, family courts, internet, news, remote hearings by sally

‘This week three judges in the Court of Appeal held a 3 day long appeal hearing all about domestic abuse cases. This series of posts provide a summary of what the hearing was about and how it went. The decision is expected in a few weeks’ time.’

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Transparency Project, 23rd January 2021

Source: www.transparencyproject.org.uk