Matthew Smith on Service Charges: Section 27A LTA 1985 & Estoppel by Convention – Park Square Barristers

Posted November 16th, 2023 in chambers articles, estoppel, housing, landlord & tenant, leases, news by sally

‘The recent case of Lacy v Homeselect Finance [2023] UKUT 231 (LC) considered a number of historic service charge issues between a long-leaseholder and a freeholder of a flat in Torquay. A particular point of note is the decision regarding admissions and estoppel.’

Full Story

Park Square Barristers, 11th October 2023

Source: www.parksquarebarristers.co.uk

Immigration Blog: Age Assessments – More Than Just a Number – Garden Court Chambers

Posted November 16th, 2023 in asylum, chambers articles, children, deportation, detention, immigration, news by sally

‘In the immigration rules (352ZD) the definition of an Unaccompanied Asylum-Seeking Child (“UASC”) is broad and aimed at child protection. It expressly includes children who lodged their claim whilst they were under 18 (even if they have since turned 18); their age is set in time at point of entry. This is no longer the case under section 4 IMA. On 5 July 2023, the government published a children’s rights impact assessment of the IMA, finding that it would “protect children from the risk of death, trafficking.” The Children’s Commissioner responded: “I am far from convinced that is the case. Indeed, I am concerned that the threat to a child of deportation at 18 will be a gift to traffickers, as children will feel less able to seek help from professionals and instead go missing into the hands of exploiters.”’

Full Story

Garden Court Chambers, 2nd October 2023

Source: www.gardencourtchambers.co.uk

Delay for children as result of longer case durations is “single most pressing issue” for family justice system, warns Cafcass in new strategic plan – Local Government Lawyer

Posted November 16th, 2023 in children, delay, families, family courts, news by sally

‘The Children and Family Court Advisory and Support Service (Cafcass) has published its strategic plan for 2023-26, in which it warns that delay for children as a result of longer case durations is now the “single most pressing issue” for the family justice system.’

Full Story

Local Government Lawyer, 14th November 2023

Source: www.localgovernmentlawyer.co.uk

Rishi Sunak to bring in emergency law after supreme court’s Rwanda ruling – The Guardian

‘Rishi Sunak has staked his political credibility on pushing through emergency legislation to resurrect his high-profile plan to deport asylum seekers to Rwanda, after the supreme court ruled it was unlawful.’

Full Story

The Guardian, 15th November 2023

Source: www.theguardian.com

Insolvency Newsletter: October 2023 – Gatehouse Chambers

Posted November 16th, 2023 in chambers articles, insolvency, news by sally

‘This month Alaric Watson considers the significance of the Patley Wood v Kicks and Brake v Chedington for the world of personal insolvency, Ryan Hocking gives a run down of the recent and anticipated statutory and regulatory changes, we have a two minute interview with the newest member of the team, Victoria Dacie-Lombardo and we have summaries of some of the significant cases from the last quarter.’

Full Story

Gatehouse Chambers, October 2023

Source: gatehouselaw.co.uk

UK medicines regulator approves gene therapy for two blood disorders – The Guardian

Posted November 16th, 2023 in blood products, health, medicines, news by sally

‘The UK’s medicines regulator has authorised the use of a world-first gene therapy as a potential cure for two inherited blood disorders.’

Full Story

The Guardian, 16th November 2023

Source: www.theguardian.com

Justice accuses Government of seeking to establish blanket anonymity for “junior” civil servants – Local Government Lawyer

‘Law reform charity Justice has intervened on what it called a “principle of open justice”, to allege the Government wanted blanket anonymity for civil servants deemed ‘junior’ in documents disclosed in judicial review proceedings.’

Full Story

Local Government Lawyer, 16th November 2023

Source: www.localgovernmentlawyer.co.uk

High Court gives judgment in Koetsier v Thomas and LJP Owen Limited t/a Nolton Stables – Old Square Chambers

Posted November 16th, 2023 in animals, chambers articles, damages, negligence, news, personal injuries by sally

‘On 10 October 2023, the High Court gave judgment dismissing the Claimant’s claims in negligence and pursuant to section 2(2) Animals Act 1971 in circumstances where a horse reacted to the presence of a dog causing the Claimant to fall and suffer severe spinal cord injury.’

Full Story

Old Square Chambers, 20th October 2023

Source: oldsquare.co.uk

Construction of a Right of Way – Gatehouse Chambers

Posted November 16th, 2023 in chambers articles, news, rights of way by sally

‘You are fortunate enough to own a house on a large plot of land and wish to realise some of its value by dividing it in two and building another house. Access to the plot is gained via a lane which passes over, and is part of, a neighbour’s land; your land enjoys an express right of way over the lane “at all times and for all purposes with or without vehicles”. Are you going to be able to use the lane for the construction traffic, and thereafter for access to the second house in addition to the current house?’

Full Story

Gatehouse Chambers, 6th October 2023

Source: gatehouselaw.co.uk

Supreme court rules Rwanda plan unlawful: a legal expert explains the judgment, and what happens next – EIN Blog

‘The UK supreme court has unanimously ruled that the government’s plan to send asylum seekers to Rwanda is unlawful.’

Full Story

EIN Blog, 15th November 2023

Source: www.ein.org.uk

Appeal confirms that persons unknown must identify themselves if they wish to challenge a bill of costs – Gatehouse Chambers

‘Dispute Resolution analysis: An appeal court has confirmed that a ‘person unknown’ who refused to identify himself during proceedings for breach of copyright was debarred from challenging a bill of costs in detailed assessment proceedings unless he identified himself.’

Full Story

Gatehouse Chambers, 4th October 2023

Source: gatehouselaw.co.uk

What is the ECHR and how does it relate to the Rwanda migrants policy? – The Independent

‘In a bid to appease the Tory right, Conservative leaders have for years flirted with taking the nuclear option of leaving the European Convention on Human Rights.’

Full Story

The Independent, 15th November 2023

Source: www.independent.co.uk

Lessons for Employers in handling Gender-transition at work – AB v Royal Borough of Kingston Upon Thames – Old Square Chambers

‘The London South Employment Tribunal (EJ McLaren and lay members) has handed down judgment and written reasons in AB v Royal Borough of Kingston Upon Thames.’

Full Story

Old Square Chambers, 19th October 2023

Source: oldsquare.co.uk

A Change of Climate for Trustee Investment Duties? – Pensions Barrister

Posted November 16th, 2023 in chambers articles, climate change, environmental protection, news, pensions by sally

‘Following the recent fine ordered by tPR in respect of ExxonMobil Pension Plan for breach of the OPS (Climate Change Governance and Reporting) Regs 2021, James McCreath of Wilberforce Chambers considers how the increasing pressure on schemes to advance environmental causes hangs together with trustees’ investments duties.’

Full Story

Pensions Barrister, 16th November 2023

Source: www.pensionsbarrister.com

Asylum backlog of older cases down by nearly half since July – The Independent

Posted November 16th, 2023 in asylum, delay, government departments, immigration, news, statistics by sally

‘The backlog of older cases in the UK asylum system fell by nearly half between July and October, new figures show.’

Full Story

The Independent, 15th November 2023

Source: www.independent.co.uk

Council granted leave to make application for change in forename of child, subject to outcome of care order application – Local Government Lawyer

Posted November 16th, 2023 in care orders, children, families, local government, names, news by sally

‘The High Court has granted leave to a local authority to make an application to change an eight-month old’s registered forename.’

Full Story

Local Government Lawyer, 16th November 2023

Source: www.localgovernmentlawyer.co.uk

Good practices in probate litigation – Bowser v Smith [2023] EWCA Civ 923 – New Square Chambers

Posted November 16th, 2023 in appeals, chambers articles, news, probate by sally

‘In this article, JJ Liew examines the case of Bowser v Smith, with a focus on the Court of Appeal’s discussion of the conduct expected of the parties in the handling of contentious probate litigation.’

Full Story

New Square Chambers, 3rd October 2023

Source: www.newsquarechambers.co.uk

The Crown and the constitution – House of Commons Library

Posted November 16th, 2023 in constitutional law, news, parliament, royal family by sally

‘A briefing paper on the constitutional aspects of the Crown.’

Full Story

House of Commons Library, 13th November 2023

Source: commonslibrary.parliament.uk

Olivia’s killer plans conviction appeal after losing minimum term challenge – The Independent

Posted November 16th, 2023 in appeals, children, imprisonment, murder, news, sentencing by sally

‘Thomas Cashman failed in a bid to challenge his 42-year sentence for the murder of Olivia Pratt-Korbel at the Court of Appeal on Wednesday.’

Full Story

The Independent, 15th November 2023

Source: www.independent.co.uk

How the UK government’s Rwanda asylum plan came unstuck – The Guardian

‘The supreme court has ruled that the government’s plan to deport asylum seekers to Rwanda is unlawful. Peter Walker explains what happens next.’

Full Story

The Guardian, 16th November 2023

Source: www.theguardian.com