‘English landlords that secured deposits from fixed-term tenants would not have to re-comply with the deposit protection rules if that tenancy later ‘rolls over’ to become a statutory periodic tenancy or if the landlord enters into a new tenancy with the same tenant for the same premises, the UK government has proposed.’
OUT-LAW.com, 20th June 2014
Source: www.out-law.com
‘Two sex attackers from Peterborough who targeted teenage girls via Facebook have been jailed.’
BBC News, 20th June 2014
Source: www.bbc.co.uk
‘A clause which said that parties to a contract would “endeavour” to resolve any dispute through Swiss arbitration, failing which the English courts would have non-exclusive jurisdiction, was not a valid arbitration agreement within the meaning of the Arbitration Act, the English High Court has ruled.’
OUT-LAW.com, 20th June 2014
Source: www.out-law.com
‘We covered the case of Beech v Birmingham CC in the High Court here. The appeal to the Court of Appeal was heard on 11/6/2014 and judgement was given on 17/6/2014.
I will not repeat the facts here except to say that the appeal was narrowed down to only two grounds of challenge: namely that the notice to quit was procured from the late Mrs Warren under undue influence from the housing officer, Mr Pumphrey, and that it had been given when no formal mental capacity assessment had been carried out, in breach of the Code of Practice issued under s.42(1)(a) of the Mental Capacity Act 2005 (the ‘public law defence’).’
NearlyLegal, 22nd June 2014
Source: www.nearlylegal.co.uk
‘Thousands of mothers over the past seven years have had successive children removed by family courts in England, the BBC has learned.’
BBC News, 23rd June 2014
Source: www.bbc.co.uk
‘Britain’s probation service is in chaos after a series of crippling computer failures over the past three weeks, with thousands of offenders’ case files lost, frozen or wiped.’
The Independent, 22nd June 2014
Source: www.independent.co.uk
‘The leafy plant khat, which acts as a stimulant when chewed, is about to become a banned class C drug in the UK. But how big a problem is it and why are ministers making it illegal?’
BBC News, 21st June 2014
Source: www.bbc.co.uk
‘Ministers have been accused of undermining women’s safety by weakening the regulation of private-hire taxi drivers.’
The Independent, 22nd June 2014
Source: www.independent.co.uk
‘Ministers are under fire because of plans to let the Women’s Institute, bed and breakfasts and charities start selling alcohol, which doctors and local councils warn could worsen Britain’s drink problem.’
The Guardian, 23rd June 2014
Source: www.guardian.co.uk
‘Three former care home workers who mistreated a resident with Alzheimer’s disease have been barred for life from working with vulnerable adults.’
BBC News, 20th June 2014
Source: www.bbc.co.uk
‘Magistrates have found the former N-Dubz singer Dappy guilty of slapping a man outside a nightclub.’
BBC News, 19th June 2014
Source: www.bbc.co.uk
‘The death of a toddler could have been avoided if a West Midlands hospital had referred him to social services at an earlier date, a report has found.’
BBC News, 19th June 2014
Source: www.bbc.co.uk
‘As readers of this blog will know, the application of the Government’s criminal records scheme has been subject to extensive litigation of late (see further not least my post on an appeal involving a teacher and my post on an appeal involving a taxi-driver). Perhaps most importantly, in the case of T & Anor v Secretary of State for the Home Department, questions have been raised about whether the scheme as a whole is compatible with Convention rights and, in particular, the Article 8 right to privacy. Last year, the Court of Appeal concluded that the scheme was incompatible. In a judgment given yesterday, the majority of the Supreme Court has agreed with that conclusion (Lord Wilson dissenting).’
Panopticon, 19th June 2014
Source: www.panopticonblog.com
The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014
The Adoption and Children Act Register Regulations 2014
The Adoption Support Services (Amendment) Regulations 2014
The Scotland Act 1998 (Modification of Schedule 5) Order 2014
The Inspectors of Education, Children’s Services and Skills (No. 5) Order 2014
The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2014
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Community Care) Regulations 2014
The Companies Act 2006 (Interconnection of Registers) Order 2014
The Films Co-Production Agreements (Amendment) Order 2014
Source: www.legislation.gov.uk
In re ZZ (Children) [2014] EWFC 9; [2014] WLR (D) 256
‘The court’s approach to a review fact-finding hearing applied whether the issue arose before the same judge or a different judge, whether in the same or different proceedings, and whether in relation to the same or different children; different approaches were not called for in different forensic contexts although the application of the general approach in any particular case would reflect the circumstances of that case.’
WLR Daily, 12th June 2014
Source: www.iclr.co.uk
Haile v Waltham Forest London Borough Council [2014] EWCA Civ 792; [2014] WLR (D) 257
‘The question of whether a person applying to a local authority for housing accommodation was intentionally homeless within the meaning of section 193 of the Housing Act 1996, with the result that the local authority was under no duty to provide such accommodation to her under that section, was to be determined by reference to whether the person’s homelessness was intentional on the date on which she became homeless and not on the date of the local authority’s decision.’
WLR Daily, 13th June 2014
Source: www.iclr.co.uk
Regina (N) v Walsall Metropolitan Borough Council [2014] EWHC 1918 (Admin); [2014] WLR (D) 255
‘The capital derived from a personal injury settlement which was managed by a deputy appointed by the Court of Protection had to be disregarded by a local authority when deciding whether the injured person could be required to contribute to the cost of social care services provided by a local authority.’
WLR Daily, 12th June 2014
Source: www.iclr.co.uk
Regina v Langley [2014] WLR (D) 238
‘Older authorities on sentencing had to be considered in the light of the requirement in section 125 of the Coroners and Justice Act 2009 that definitive sentencing guidelines had to be followed. Further, the power in section 147 of the Powers of Criminal Courts (Sentencing) Act 2000 to impose a disqualification from driving was exercisable in relation to a conspiracy to rob where the defendant was the getaway driver.’
WLR Daily, 12th June 2014
Source: www.iclr.co.uk
Huzar v Jet2.com Ltd [2014] EWCA Civ 791; [2014] WLR (D) 239
‘A technical problem in an aircraft which could properly be described as the result of usual wear and tear did not constitute “extraordinary circumstances” within the meaning of article 5(3) of Parliament and Council Regulation (EC) No 261/2004 such as to exempt the carrier from the obligation to compensate passengers for delay, notwithstanding that the problem neither had been discovered nor was discoverable by a reasonable regime of maintenance and inspection.
WLR Daily, 11th June 2014
Source: www.iclr.co.uk
Bollacke v K + K Klaas & Kock BV & Co KG (Case C-18/13); ECLI:EU:C:2014:1517; [2014] WLR (D) 254
‘Article 7 of Parliament and Council Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time precluded national legislation or practice which provided that the entitlement to paid annual leave was lost without conferring entitlement to an allowance in lieu of leave outstanding, where the employment relationship was terminated by the death of the worker. Receipt of such an allowance was not dependent on a prior application.’
WLR Daily, 12th June 2014
Source: www.iclr.co.uk
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