Not incidental enough – Nearly Legal

Posted June 24th, 2022 in appeals, costs, housing, landlord & tenant, leases, news, service charges by tracey

‘Mayor and Burgesses of the London Borough of Tower Hamlets v Khan (2022) EWCA Civ 831. A Court of Appeal judgment on whether a freeholder, LB Tower Hamlets, was entitled to contractual legal costs under the lease, following a money claim for unpaid service charges.’

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Nearly Legal, 21st June 2022

Source: nearlylegal.co.uk

We don’t need no tariffs – Nearly Legal

Posted June 24th, 2022 in appeals, damages, housing, landlord & tenant, news, rent, repairs, repossession by tracey

‘Khan v Mehmood (2022) EWCA Civ 791 (Housing Law Practitioners Association intervening). This was, it has to be said, in part a rather odd appeal to the Court of Appeal. The background was a rent arrears possession claim by Ms Khan and a defence and disrepair counterclaim by the tenant, Mr Mehmood. At trial, Ms Khan did not appear and was not represented. The possession claim was dismissed and a judgment on the counterclaim made for damages equating 50% of rent for the period 2007 to 2014 (date of trial) (plus return of deposit and penalty for failure to protect). The District Judge added the Simmons v Castle 10% uplift to the disrepair general damages.’

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Nearly Legal, 21st June 2022

Source: nearlylegal.co.uk

UK Supreme Court backs telecoms firms in Electronic Communications Code dispute – OUT-LAW.com

Posted June 24th, 2022 in appeals, news, Supreme Court, telecommunications by tracey

‘The UK Supreme Court has largely backed providers of telecommunications infrastructure in three cases to do with the extent of their rights under the revised Electronic Communications Code (“the Code”) to acquire additional Code rights over land that they do not own.’

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OUT-LAW.com, 23rd June 2022

Source: www.pinsentmasons.com

Adjudicator reaches decision in “procedurally unjust manner” so not enforced – Practical Law: Construction Blog

‘Sometimes it feels that, as an adjudicator, you are damned if you do and are also damned if you don’t. In this case – Liverpool CC v Vital Infrastructure Asset Management (Viam) Ltd (In Administration) – it was both what the adjudicator did do and what he didn’t do that led the judge to issue a declaration that his decision was unenforceable. But how did the judge, HHJ Stephen Davies, arrive at this point?’

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Practical Law: Construction Blog, 21st June 2022

Source: constructionblog.practicallaw.com

Bill of Rights to strengthen freedom of speech and curb bogus human rights claims – Ministry of Justice

‘Freedom of speech and the views of elected lawmakers will be given greater weight in law under a Bill of Rights introduced to Parliament today (Wednesday 22 June).’

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Ministry of Justice, 22nd June 2022

Source: www.gov.uk

Law Commission starts debate on how to regulate remote driving – Law Commission

Posted June 24th, 2022 in dangerous driving, Law Commission, news, road safety, road traffic, roads by tracey

‘The Law Commission of England and Wales have today published a paper asking for views on the need and options for regulating remote driving on public roads.’

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Law Commission, 24th June 2022

Source: www.lawcom.gov.uk

Director of Public Prosecutions highlights how more money could be returned to victims of crime – Crown Prosecution Service

‘The Director of Public Prosecutions, Max Hill QC, has today supported the review into legislation to ensure more money can be returned to victims of crime.’

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Crown Prosecution Service, 23rd June 2022

Source: www.cps.gov.uk

Statement on deliberately failing to attend court – Bar Standards Board

Posted June 24th, 2022 in barristers, codes of practice, news by tracey

‘Barristers who are not already instructed to appear at a hearing and who wish to refuse to work on a particular day or for a particular period are in general free to do so. Therefore, in principle, barristers can book a day in their professional diary as unavailable because they wish to participate in a protest on that day.’

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Bar Standards Board, 23rd June 2022

Source: www.barstandardsboard.org.uk

Manchester City fan banned for throwing flare in vital game – BBC News

Posted June 24th, 2022 in fines, news, sport, violent disorder by tracey

‘A Manchester City fan who threw a lit smoke flare on the playing area during the club’s vital season-ending match has received a three-year football ban.’

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BBC News, 23rd June 2022

Source: www.bbc.co.uk

Davidstow Cathedral City cheese firm pollution fine – BBC News

Posted June 24th, 2022 in environmental protection, fines, food, news, pollution by tracey

‘One of the UK’s biggest cheddar cheese suppliers has been fined more than £1.5m after admitting a host of pollution and odour charges.’

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BBC News, 23rd June 2022

Source: www.bbc.co.uk

CMA provisionally finds construction firm cartels rigged £150m of contracts – The Independent

Posted June 24th, 2022 in competition, construction industry, contracts, fines, news, ombudsmen by tracey

‘A group of 10 construction firms illegally colluded to rig bids for £150 million of major contracts, according to provisional findings by the UK competition watchdog.’

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The Independent, 24th June 2022

Source: www.independent.co.uk

Doctor accused of sex assaults in Oxford and Cambridge loses ban appeal – BBC News

‘A doctor who was struck off over accusations he stared at a patient’s breasts and sexually touched another has failed to have his ban overturned.’

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BBC News, 24th June 2022

Source: www.bbc.co.uk

Far-right cell members jailed for terror offences – BBC News

Posted June 24th, 2022 in firearms, imprisonment, news, sentencing, terrorism by tracey

‘Members of a “fascist” cell who made gun parts on a 3D printer and rejoiced at mass shootings have been jailed.’

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BBC News, 23rd June 2022

Source: www.bbc.co.uk

Dramatic fall in successful high court challenges to government policy – The Guardian

‘Successful high court challenges to government policy and decisions by public bodies have fallen dramatically, prompting warnings that ministers’ attacks on lawyers could be having a chilling effect on judges.

The proportion of civil judicial reviews in England and Wales, excluding immigration cases, which claimants won out of total claims lodged fell by 50% on 2020, according to analysis seen by the Guardian. The figure is 26% if the success rate is measured out of cases that went to a final hearing.’

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The Guardian, 23rd June 2022

Source: www.theguardian.com

Birmingham hospital faces criminal probe after death of vulnerable man – BBC News

Posted June 24th, 2022 in hospitals, inquests, mental health, negligence, news by tracey

‘A hospital and one of its managers are facing a criminal investigation into the death of a vulnerable man who absconded by climbing a fence.’

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BBC News, 23rd June 2022

Source: www.bbc.co.uk