Damages for breach of lease? Possibly not… – Nearly Legal

Posted August 3rd, 2021 in covenants, damages, injunctions, landlord & tenant, leases, news by sally

‘This is a county court case, so not a binding precedent, but it is a) fascinating (if hardly uncommon in London as a situation), and b) a judgment by HHJ Luba QC, so carries the weight of a highly experienced housing/landlord and tenant judge.’

Full Story

Nearly Legal, 1st August 2021

Source: nearlylegal.co.uk

Inherent jurisdiction can be used for deprivation of liberty of children amid “scandalous” shortage of approved secure accommodation: Supreme Court – Local Government Lawyer

‘The inherent jurisdiction of the High Court can be used to authorise the deprivation of liberty of children in alternative restrictive placements by a local authority in cases where an approved secure children’s home is unavailable, the Supreme Court has held.’

Full Story

Local Government Lawyer, 30th July 2021

Source: www.localgovernmentlawyer.co.uk

Compulsory Vaccination for Care Home Workers – legislation coming into force in November – UK Human Rights Blog

Posted August 3rd, 2021 in care homes, care workers, coronavirus, news, regulations, vaccination by sally

‘The government has passed legislation compelling care homes to ensure almost all workers are vaccinated against Covid-19. It comes into force on 11 November 2021, and applies to England only.’

Full Story

UK Human Rights Blog, 3rd August 2021

Source: ukhumanrightsblog.com

Supreme Court backs raped tourist in blow to travel industry – Law Society’s Gazette

Posted August 3rd, 2021 in contracts, EC law, holidays, hotels, news, rape, Supreme Court by sally

‘A British woman who was sexually assaulted by a hotel worker on a package holiday has won her Supreme Court appeal, in a judgment of “major importance to the travel industry”.’

Full Story

Law Society's Gazette, 30th July 2021

Source: www.lawgazette.co.uk

Registered Designs – Lutec (UK) Ltd v Cascade Holdings Ltd – NIPC Law

Posted August 3rd, 2021 in brexit, EC law, intellectual property, news by sally

‘This case started as an action for the infringement of two registered Community designs, namely 000540927-0001 and 000540927-0002. Before the action came on for trial, the transition or implementation period provided by art 126 of the agreement by which the UK withdraw from the EU expired. The Senior Courts of England and Wales ceased to be Community design courts and registered Community designs ceased to apply to the UK. Art 54 (1) (b) of that agreement provided for holders of registered Community designs to be awarded equivalent registered designs in the UK (see Jane Lambert How Brexit has changed IP Law 17 Jan 2021 NIPC Brexit and Jane Lambert IP after Brexit 26 Jan 2021 Slideshare). Those registered designs are for “Interior lights, Exterior lights” registered in the name of the third claimant under registration number 90005409270001 and “Interior lights, Exterior lights” registered in the name of the same claimant under registration number 90005409270002. The claim proceeded as an action for the infringement of those registered designs.’

Full Story

NIPC Law, 2nd August 2021

Source: nipclaw.blogspot.com

New Judgment: In the matter of T (A Child) [2021] UKSC 35 – UKSC Blog

The Supreme Court has unanimously dismissed this appeal concerning two main issues: (i) First, is it a permissible exercise of the High Court’s inherent jurisdiction to make an order authorising a local authority to deprive a child of his or her liberty in this category of case? (ii) Secondly, if contrary to T’s argument the High Court can have recourse to its inherent jurisdiction to make an order of the type in question, what is the relevance of the child’s consent to the proposed living arrangements?

Full Story

UKSC Blog, 30th July 2021

Source: ukscblog.com

Underwriting on trial – Mills & Reeve

Posted August 3rd, 2021 in causation, disclosure, evidence, inducements, insurance, misrepresentation, news by sally

‘James Thompson and Suzanne El-Safty consider the importance of underwriting evidence for insurers attempting policy avoidance, in the context of Zurich Insurance plc v Niramax Group Ltd [2021] EWCA Civ 590 (“the Niramax case”) and Jones v Zurich Insurance plc [2021] EWHC 1320 (Comm) (“the Jones case”).’

Full Story

Mills & Reeve, 30th July 2021

Source: www.mills-reeve.com

New Judgment: Tinkler v Commissioners for Her Majesty’s Revenue and Customs [2021] UKSC 39 – UKSC Blog

Posted August 3rd, 2021 in accountants, agency, estoppel, news, service, Supreme Court, taxation by sally

‘The Supreme Court has unanimously allowed this appeal addressing whether a taxpayer is prevented from challenging the validity of an enquiry into their tax return by HMRC where both parties have proceeded, for nearly a decade, on the mistaken assumption that the enquiry was validly initiated by a letter sent to the taxpayer.’

Full Story

UKSC Blog, 30th July 2021

Source: ukscblog.com

Regulating content on user-to user and search service providers – UK Human Rights Blog

‘The dust has settled since the government released its draft Online Safety Bill. Now is therefore a good time to evaluate its aims, methods, and potential impacts, which we will do so in this two-part post. The first post will have a look at the overall architecture of the bill, discussing what it is trying to do and how it is trying to do it. The second post will survey responses to the bill from academics and civil society campaigners, discussing whether the bill does too much or not enough.’

Full Story

UK Human Rights Blog, 2nd August 2021

Source: ukhumanrightsblog.com

Council did not have reasonable system in place to respond to police requests for accommodation for detained juveniles: Court of Appeal – Local Government Lawyer

Posted August 3rd, 2021 in children, criminal procedure, detention, news, police, statutory duty by sally

‘The London Borough of Waltham Forest was in breach of its duty to have a reasonable system in place to respond to requests by the police for secure accommodation for juveniles at risk of being detained in police cells overnight, the Court of Appeal has ruled.’

Full Story

Local Government Lawyer, 2nd August 2021

Source: www.localgovernmentlawyer.co.uk

Assisted dying: Campaigners renewed hope for change in the law – BBC News

Posted August 3rd, 2021 in assisted suicide, bills, news by sally

‘David Peace has motor neurone disease, a terminal illness which gradually affects the brain and nerves.’

Full Story

BBC News, 3rd August 2021

Source: www.bbc.co.uk

New Judgment: X v Kuoni Travel Ltd [2021] UKSC 34 – UKSC Blog

Posted August 3rd, 2021 in contracts, EC law, holidays, hotels, news, rape, Supreme Court by sally

‘The Supreme Court unanimously allowed this appeal concerning whether a hotel employee working for the respondent was in breach of contract after having raped and assaulted the defendant, and/or gave rise to liability under the Contract and the Travel, Package Holidays and Package Tours Regulations 1992 (“the Regulations”).’

Full Story

UKSC Blog, 30th July 2021

Source: ukscblog.com

Evaluation of flexible court hours stresses need to get lawyers onboard – Legal Futures

Posted August 3rd, 2021 in courts, flexible working, legal profession, news, pilot schemes by sally

‘Flexible operating hours (FOH) can make it easier for people to access civil and family justice, but there needs to a lot more work to bring solicitors and barristers on board, research into two pilot schemes has said.’

Full Story

Legal Futures, 2nd August 2021

Source: www.legalfutures.co.uk

Landlord wins appeal over penalty for letting of flat without licence as Upper Tribunal says matter should have been dealt with informally – Local Government Lawyer

Posted August 3rd, 2021 in appeals, landlord & tenant, licensing, local government, news, penalties by sally

‘A landlord has won an Upper Tribunal appeal over the imposition of a £2,500 financial penalty by a council for letting a flat without a licence.’

Full Story

Local Government Lawyer, 2nd August 2021

Source: www.localgovernmentlawyer.co.uk

Daughter of 13-year-old mother raped in 1970s wins justice at last – The Guardian

Posted August 3rd, 2021 in child abuse, news, prosecutions, rape, victims by sally

‘Daisy, 45, overcame years of police inaction after persuading her mother to testify against Carvel Bennett.’

Full Story

The Guardian, 2nd August 2021

Source: www.theguardian.com

Whose Job Is It To Fix The Normalisation Of Sexual Abuse In Schools? – Each Other

Posted August 3rd, 2021 in duty of care, education, human rights, news, school children, sexual offences by sally

‘The government released a report in June that revealed rampant sexual abuse in schools all over the country. Nine in ten girls surveyed said that sexist name-calling and being sent unwanted explicit imagery happened “a lot”, but whose responsibility is it to fix it?’

Full Story

Each Other, 2nd August 2021

Source: eachother.org.uk

Police officer convicted of assaulting black man and 15-year-old boy – The Guardian

Posted August 3rd, 2021 in assault, news, police by sally

‘A police officer has been convicted of assaulting two black males within two days, including kicking a 15-year-old boy when he was on the ground.’

Full Story

The Guardian, 2nd August 2021

Source: www.theguardian.com

New Judgment: R (on the application of BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38 – EIN Blog

Posted August 3rd, 2021 in asylum, children, detention, human rights, judicial review, news, Supreme Court by sally

‘The Supreme Court unanimously allowed this appeal concerning the legality of the Home Department’s regime that provides for determining the age of asylum seekers entering the UK.’

Full Story

EIN Blog, 2nd August 2021

Source: www.ein.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted August 3rd, 2021 in legislation by tracey

SI 2021/914 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 7) Regulations 2021

SI 2021/912 – The Safety of Sports Grounds (Designation) (Amendment) (England) Order 2021

Source: www.legislation.gov.uk

Man who filmed Grenfell Tower model on bonfire faces retrial – The Guardian

Posted August 3rd, 2021 in internet, news, racism, retrials, video recordings by sally

‘A man who filmed a video of a cardboard model of Grenfell Tower being burned on a bonfire will face a second trial, the high court has ruled.’

Full Story

The Guardian, 30th July 2021

Source: www.theguardian.com