How many reviews? – Nearly Legal

Posted February 15th, 2019 in electricity, homelessness, housing, landlord & tenant, local government, news by sally

‘In R(B) v Redbridge LBC [2019] EWHC 250 (Admin), Jeremy Johnson QC, sitting as a Deputy Judge, was required to adjudicate on what is, as far as I am concerned, a really important point of practice, given the nature and continuing obligations of suitability of accommodation in homelessness cases, and the increasing number of suitability reviews (especially following the 2017 Act). He also came to the wrong result imho – I wonder if there is an appeal, even if it becomes academic (which it might). Ms B was offered accommodation and sought a review. It was one of those ones where affordability is raised, but, given that one doesn’t know what the bills are going to be for the property at the outset, the reviewer and applicant make approximations. The review went against her, albeit on marginal grounds (and there are various consequential proceedings from that first review and appeal). For the purposes of this application for JR, however, what happened was that Ms B’s actual electricity bill arrived and it was more per week than had originally been estimated. She sought a further review, to which Redbridge did not respond, and which, ultimately, led to these proceedings as Redbridge did not conduct that further review.’

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Nearly Legal, 15th February 2019

Source: nearlylegal.co.uk

Report recommends improvements to English planning appeals – OUT-LAW.com

Posted February 15th, 2019 in appeals, case management, delay, inquiries, local government, news, planning by sally

‘An independent review of the planning appeal process in England and Wales has made 22 recommendations, aimed at halving the time taken for an appeal by June 2020.’

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OUT-LAW.com, 14th February 2019

Source: www.out-law.com

Solicitor “tried to get assault complainant to withdraw statement” – Legal Futures

‘A solicitor who tried to get someone he employed to persuade the alleged victim of a sexual assault to withdraw her statement has been struck off by a tribunal.’

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Legal Futures, 15th February 2019

Source: www.legalfutures.co.uk

What is Article 13? The EU’s copyright directive explained – BBC News

Posted February 15th, 2019 in artistic works, copyright, EC law, internet, news by sally

‘The final version of a controversial new EU copyright law has been agreed after three days of talks in France.’

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BBC News, 14th February 2019

Source: www.bbc.co.uk

Shamima Begum: IS runaway teen ‘could face prosecution in UK’ – BBC News

Posted February 15th, 2019 in children, families, Islam, news, pregnancy, prosecutions, terrorism by sally

‘A British woman who ran away to Syria as a schoolgirl to join the Islamic State group has been told she could face prosecution if she returns home.’

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BBC News, 14th February 2019

Source: www.bbc.co.uk

Mother is no longer gender-specific term, government lawyers say – Daily Telegraph

Posted February 15th, 2019 in children, families, gender, news, pregnancy, transgender persons, women by sally

‘Mother is no longer a gender-specific term that applies only to women, lawyers on behalf of the Government have said.’

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Daily Telegraph, 14th February 2019

Source: www.telegraph.co.uk

Gambling ads guidance promotes data and social media tools – OUT-LAW.com

Posted February 15th, 2019 in advertising, children, codes of practice, gambling, internet, news, ombudsmen, regulations by sally

‘Stricter standards will apply to gambling adverts in the UK from April this year as regulators address the risk of “irresponsible” marketing and seek to protect children from harm.’

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OUT-LAW.com, 13th February 2019

Source: www.out-law.com

Death certificate to treble in price – BBC News

Posted February 15th, 2019 in bereavement, documents, fees, news by sally

‘The price of a getting a death certificate will nearly triple from this weekend in England and Wales.’

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BBC News, 14th February 2019

Source: www.bbc.co.uk

Cheryl Grimmer case won’t go ahead as police interview ruled inadmissible – The Guardian

‘The trial of a man accused of murdering UK-born toddler Cheryl Grimmer almost 50 years ago will not go ahead, after a judge ruled his 1971 police interview was not admissible.’

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The Guardian, 15th February 2019

Source: www.theguardian.com

New Judgment: Perry v Raleys Solicitors [2019] UKSC 5 – UKSC Blog

‘Considers liability and damages where the appellant solicitor negligently failed to advise a client of a potential claim against a third party. Held: allowing the appeal, loss of chance damages have been developed by the courts to deal with the difficulties arising from the assessment of counter-factual and future events. In both types of situation, the courts at times depart from the ordinary burden on a claimant to prove the facts required for a successful claim on the balance of probabilities. However, this does not mean that the basic requirement that a negligence claim requires proof that loss has been caused by the breach of duty is abandoned. Applying this approach, the respondent needed to prove that, properly advised, he would have made a claim within time. Further, the judge was correct to impose the additional requirement of the claim having to be an honest claim.’

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UKSC Blog, 13th February 2019

Source: ukscblog.com

Court of Appeal reinforces strict six-week planning challenge time limit – OUT-LAW.com

Posted February 14th, 2019 in appeals, limitations, news, planning, time limits by sally

‘The Court of Appeal has refused to extend the six-week statutory time limit for challenging a planning inspector’s decision, in a case where the individual had been prevented from filing on the day of the deadline.’

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OUT-LAW.com, 12th February 2019

Source: www.out-law.com

‘An International Embarrassment’: Just How Likely Is It The Human Rights Act Could Actually Be Scrapped? – Rights Info

Posted February 14th, 2019 in human rights, news, treaties by sally

‘Our human rights are some of the most longstanding British traditions alive, often dated all the way back to Magna Carta. Somewhat conversely though, they feel continually under threat, with one expert saying recent questions over their future could leave us a “rung below Russia”.’

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Rights Info, 13th February 2019

Source: rightsinfo.org

New Judgment: Wells v Devani [2019] UKSC 4 – UKSC Blog

Posted February 14th, 2019 in agency, contracts, estate agents, interpretation, news, sale of land, Supreme Court by sally

‘This appeal considered whether, where a commission agent and his principal have not expressly, in their oral discussions, identified and agreed the precise event upon which commission is payable, but have expressly agreed in those oral discussions that a commission would be payable at an agreed percentage, their bargain is incomplete. It also considered whether the court can (whether by taking into account the relevant surrounding factual matrix or what the parties said, or the parties’ conduct), imply a term identifying the commission entitling event which gives business efficacy to the parties’ presumed common intention.’

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UKSC Blog, 13th February 2019

Source: ukscblog.com

Care Quality Commission issues first ‘duty of candour’ breach fine – OUT-LAW.com

Posted February 14th, 2019 in children, delay, duty of candour, fines, hospitals, medical treatment, news, notification by sally

‘The Care Quality Commission (CQC) has issued its first fine to an NHS trust for failing to comply with its ‘duty of candour’, which requires healthcare providers to be open and honest with patients or their families if there is an incident in which they suffer harm.’

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OUT-LAW.com, 13th February 2019

Source: www.out-law.com

Female barrister tells male colleagues to stop making “jokes about breasts and skirts” – Daily Telegraph

Posted February 14th, 2019 in barristers, harassment, news, women by sally

‘A female barrister has told her male colleagues to stop making “jokes about breasts and skirts” in a series of scathing tweets about sexism in the courtroom.’

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Daily Telegraph, 13th February 2019

Source: www.telegraph.co.uk

Chief magistrate’s alleged bias toward Uber raised in court – The Guardian

Posted February 14th, 2019 in bias, conflict of interest, judges, licensing, news, taxis by sally

‘The alleged bias of the chief magistrate, Emma Arbuthnot, in permitting Uber to operate in London has been raised in a courtroom challenge.’

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The Guardian, 13th February 2019

Source: www.theguardian.com

Raleys ruling “good news for law firms and their insurers” – Legal Futures

‘Yesterday’s Supreme Court ruling on solicitors’ professional negligence is good news for both law firms and their insurers, and should stem the flow of claims about the under-settlement of personal injury claims, experts have said.’

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Legal Futures, 14th February 2019

Source: www.legalfutures.co.uk

Transgender man in fight to be recognised as father of his child – Daily Telegraph

Posted February 14th, 2019 in news, paternity, transgender persons by sally

‘The Government is opposing a transgender man’s battle to make his child the first in the UK legally not to have a mother.’

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Daily Telegraph, 12th February 2019

Source: www.telegraph.co.uk

Family Drug and Alcohol Courts backed by private donors – BBC News

Posted February 14th, 2019 in alcohol abuse, care orders, drug abuse, families, family courts, news by sally

‘A group of private backers has agreed to fund a national unit supporting courts which help parents deal with drug or alcohol addiction so their children are not taken into care.’

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BBC News, 14th February 2019

Source: www.bbc.co.uk

SDT: Solicitor “terrified” by Court of Appeal was incompetent – Legal Futures

Posted February 14th, 2019 in appeals, disciplinary procedures, news, solicitors by sally

‘A criminal law solicitor who described himself as “absolutely terrified” by a Court of Appeal appearance was incompetent but not dishonest, the Solicitors Disciplinary Tribunal (SDT) has concluded.’

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Legal Futures, 13th February 2019

Source: www.legalfutures.co.uk