Waking watch costs and flawed reports – Nearly Legal

Posted November 14th, 2022 in fire, health & safety, landlord & tenant, news, service charges, tribunals by tracey

‘Assethold Ltd v Leaseholders Of Corben Mews (LANDLORD AND TENANT – SERVICE CHARGES – whether reasonably incurred – costs of a waking watch) (2022) UKUT 282 (LC). An Upper Tribunal appeal of an FTT decision that the costs of a waking watch were not reasonably incurred by the landlord and so not recoverable under the service charge.’

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Nearly Legal, 13th November 2022

Source: nearlylegal.co.uk

Service charges, burden of proof, and costs of proceedings – Nearly Legal

Posted November 14th, 2022 in burden of proof, costs, landlord & tenant, news, service charges, tribunals by tracey

‘Assethold Ltd v. Nelio Patricio Teixeira Franco (LANDLORD AND TENANT – SERVICE CHARGES – ADMINISTRATION CHARGES – burden of proof – scope of costs incurred for the purpose of the preparation and service of a notice under section 146 of the Law of Property Act 1925) (2022) UKUT 285 (LC).’

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Nearly Legal, 13th November 2022

Source: nearlylegal.co.uk

“Spent” golden contract means enterprise zone allowances disallowed – OUT-LAW.com

Posted November 14th, 2022 in appeals, contracts, corporation tax, income tax, news, taxation, time limits by tracey

‘Investors behind the construction of two data centres could not claim Enterprise Zone allowances (EZAs) on the expenditure they incurred because it was deemed to have been incurred under a contract entered into outside of the statutory window for claiming the allowances.’

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OUT-LAW.com, 11th November 2022

Source: www.pinsentmasons.com

Frederick Cowell: The Three Eras of Opposition to the Human Rights Act – UK Constitutional Law Association

‘Before it entered the statute books, before it even had been brought to Parliament, the Human Rights Act (HRA) was subject to opposition which was to only strengthen over time. The nature of that opposition has varied since the publication of White Paper Rights Brought Home in October 1997, but it has served as a vehicle, and site of contestation, for many constitutional debates and disagreements over the past quarter century. Opposition to the HRA is also a reflection of broader social change in British society in the twenty-first century and this understanding is key to any analysis of contemporary proposals for reform.’

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UK Constitutional Law Association, 14th November 2022

Source: ukconstitutionallaw.org

Recent Statutory Instruments – legislation.gov.uk

Posted November 14th, 2022 in legislation by tracey

SI 2022/1161 – The Armed Forces Act 2021 (Commencement No. 4) Regulations 2022

SI 2022/1160 – The Armed Forces (Covenant) Regulations 2022

SI 2022/1175 – The Adult Social Care Information (Enforcement) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 14th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

Hinduja v Hinduja & Ors [2022] EWCA Civ 1492 (11 November 2022)

Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) Ltd & Ors [2022] EWCA Civ 1484 (10 November 2022)

Court of Appeal (Criminal Division)

Walker & Ors, R. v [2022] EWCA Crim 1488 (11 November 2022)

R v BXR [2022] EWCA Crim 1483 (10 November 2022)

Musharraf v R. [2022] EWCA Crim 1482 (09 November 2022)

High Court (Administrative Court)

Commissioner of the Police of the Metropolis v A Police Conduct Panel [2022] EWHC 2857 (Admin) (11 November 2022)

Modi v Government of India [2022] EWHC 2829 (Admin) (09 November 2022)

High Court (Chancery Division)

Croxen & Ors v Gas And Electricity Markets Authority & Ors [2022] EWHC 2826 (Ch) (11 November 2022)

High Court (Commercial Court)

CA Indosuez (Switzerland) SA & Anor v Afriquia Gaz SA & Anor [2022] EWHC 2871 (Comm) (11 November 2022)

High Court (King’s Bench Division)

Ahmed v Chojnowski [2022] EWHC 2863 (KB) (11 November 2022)

Holdgate v Bishop [2022] EWHC 2850 (KB) (11 November 2022)

Source: www.bailii.org

Bar to pay £22k legal costs to council and close for two months over alcohol-related violence, magistrates rule – Local Government Lawyer

Posted November 14th, 2022 in appeals, costs, licensed premises, local government, news, violent disorder by tracey

‘A court has ordered a Leicester bar to pay more than £20,000 in legal costs to Leicester City Council after an unsuccessful appeal of licensing restrictions, which were aimed at reducing crime, disorder and noise problems.’

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Local Government Lawyer, 11th November 2022

Source: www.localgovernmentlawyer.co.uk

City council secures £59k fine amid “zero tolerance” policy on poorly maintained heritage buildings – Local Government Lawyer

Posted November 14th, 2022 in fines, local government, monuments, news, repairs by tracey

‘Stoke on Trent City Council has warned owners of historic buildings in the city that they will face legal action if they do not maintain their buildings following two successful prosecutions that lead to the courts handing out more than £60,000 in fines.’

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Local Government Lawyer, 14th November 2022

Source: www.localgovernmentlawyer.co.uk

Housing case law update – October 2022 – Local Government Lawyer

Posted November 14th, 2022 in housing, landlord & tenant, local government, news by tracey

‘Natalie Hurst and Paul Lloyd analyse recent housing law judgments of interest to local authorities and housing associations.’

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Local Government Lawyer, 14th November 2022

Source: www.localgovernmentlawyer.co.uk

Pupils hear about what it means to be a Judge – Courts and Tribunals Judiciary

Posted November 14th, 2022 in judges, judiciary, news, school children by tracey

‘The Lord Chief Justice of England and Wales visited The One Sixth Form College in Ipswich earlier this week to give the pupils a chance to hear about the work of judges, the justice system and the rule of law. He was accompanied by Tribunal Judge Jane McConell, a Diversity and Community Relations Judge, and Judge Levett.’

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Courts and Tribunals Judiciary, 11th November 2022

Source: www.judiciary.uk

Online predator jailed for sexually abusing girls as young as 12 – Crown Prosecution Service

‘An online predator who forced young girls to sign a sexual contract with him has been jailed.’

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Crown Prosecution Service, 11th November 2022

Source: www.cps.gov.uk

Fraudster sentenced for scam to deprive SKY TV of potentially over £13m revenue – Crown Prosecution Service

‘Halton Mark Anthony Powell, 44, has been sentenced to two years and four-and-a-half months after pleading guilty to supplying articles for use in a fraud at Southwark Crown Court on 11 November 2022.’

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Crown Prosecution Service, 11th November 2022

Source: www.cps.gov.uk

MoJ makes late U-turn on how to extend fixed costs – Law Society’s Gazette

Posted November 14th, 2022 in civil procedure rules, costs, Ministry of Justice, news by tracey

‘The government appears to have significantly altered its plans for implementing the fixed recoverable costs extension just weeks before the rules need to be signed off.’

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Law Society's Gazette, 11th November 2022

Source: www.lawgazette.co.uk

Court curtails Checkmylegalfees’ ‘fishing expedition’ for ATE details – Law Society’s Gazette

Posted November 14th, 2022 in costs, disclosure, insurance, law firms, news, personal injuries by tracey

‘The costs recovery outfit chasing personal injury firms on behalf of former clients has suffered another body blow through a new losing court judgment.’

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Law Society's Gazette, 11th November 2022

Source: www.lawgazette.co.uk

Thousands of asylum seekers ‘in limbo’ waiting years for Home Office decision – The Independent

Posted November 14th, 2022 in asylum, delay, government departments, housing, immigration, news, refugees, statistics by tracey

‘Tens of thousands of migrants are waiting more than a year for a decision on their asylum claim, with hundreds waiting over five years, figures show.’

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The Independent, 14th November 2022

Source: www.independent.co.uk

Army families suing MoD for poor housing told to drop claims or have pay docked – The Guardian

‘Army families suing the Ministry of Defence over the squalor of their living quarters are being issued with “bullying” ultimatums to drop the claims or face having their pay docked to cover the legal costs.’

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The Guardian, 13th November 2022

Source: www.theguardian.com

Firm action call in Gwent Police misogyny and racism probe – BBC News

‘Any serving Gwent Police officer found to have been involved in “abhorrent messages” need to face firm action, the force’s police and crime commissioner has said.’

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BBC News, 14th November 2022

Source: www.bbc.co.uk

Police pay woman £40,000 after using unlawful force – BBC News

‘A woman has been paid £40,000 compensation by a police force after two officers trespassed in her home and unlawfully arrested her.’

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BBC News, 14th November 2022

Source: www.bbc.co.uk