‘The ban on parents taking their children out of school for family holidays during term time has been upheld by the supreme court.’
The Guardian, 6th April 2017
Source: www.guardian.co.uk
‘The Court of Appeal has held that the difference in the residence requirements for statutory succession to secure tenancies between married couples (or civil partners) and unmarried couples living together as man and wife (or as civil partners) under the former s.87, Housing Act 1985, was not a breach of Art.14, European Convention of Human Rights, read with Art.8.’
Arden Chambers, 24th March 2017
Source: www.ardenchambers.com
‘The Court of Appeal has held that the words “costs … incurred” in the service charge provisions in a right to buy lease were to be given a natural and not a special meaning; accordingly, the Upper Tribunal had been wrong to hold that such costs were reduced by third-party energy-saving funding received by the landlord from an energy provider in relation to a major works programme; but the Court was required to determine for itself the “fair proportion” of the costs to which the leaseholder was required to contribute, and a deduction was to be made in relation to part of the funding received which was attributable to the leaseholder’s flat.’
Arden Chambers, 4th April 2017
Source: www.ardenchambers.com
‘The Court of Appeal has held that a local authority had served a valid notice of possession proceedings under s.128, Housing Act 1996, notwithstanding that the information required by s.128(7) was included in a leaflet accompanying the notice rather than in the body of the notice itself.’
Arden Chambers, 22nd March 2017
Source: www.ardenchambers.com
‘In the joined cases of Essop and Naeem ([2017] UKSC 27) the Supreme Court has taken on a daunting task: the simplification of indirect discrimination law. This is not a case note in the usual sense. We have not set out the facts, the law and then a statement of what is novel. At the hearing we tried to give the Supreme Court a new vocabulary to use as a tool for its analysis. The aim of this note is to explain that language as simply as we can. If we succeed, what we have to say will seem obvious. Those reading Lady Hale’s judgment (with which all of their Lordships agreed) will have had that experience. She has distilled, from an area of law that was submerging into great complexity, a handful of principles that dispel confusion and whch make intractable issues straightforward.’
Full story (PDF)
11 KBW, 5th April 2017
Source: www.11kbw.com
‘In the recent case of Global Asset Capital Inc and another v Aabar Block S.A.R.L and others [2017] EWCA Civ 37, the Court of Appeal held that the High Court was wrong to find that following a ‘subject to contract’ offer letter, a contract was concluded during a telephone call which was inconsistent with subsequent communications.’
4 KBW, 31st March 2017
Source: www.4kbw.net
‘The likelihood of successfully challenging parking fines varies widely depending on where drivers get a ticket, research has shown.’
BBC News, 5th April 2017
Source: www.bbc.co.uk
‘One cold, dull January morning (at about 8am) C and a friend, R, were riding their bicycles on a single carriageway road. They were both overtaking a stationary line of traffic on their nearside. There was an area of the road which had flooded and C cycled onto the opposing carriageway in an attempt to avoid a large puddle. In doing so, he collided with D’s car travelling on the opposite side of road. R had managed to cycle through the puddle and avoided going onto the opposing carriageway.’
Zenith PI Blog, 4th April 2017
Source: www.zenithpi.wordpress.com
‘A community-led recycling organisation has submitted a complaint to the Competition and Markets Authority claiming that a county council’s contract with an incinerator company breaks competition law.’
Litigation Futures, 3rd April 2016
Source: www.litigationfutures.com
‘Should a person be free to dispose of property as she wishes on death, or be forced to leave it to certain family members? This is one of the most fundamental questions in succession law. Some (particularly continental European) jurisdictions allocate compulsory portions to certain family members, irrespective of any will. England and Wales, however, has a default testamentary freedom principle combined with the Inheritance (Provision for Family and Dependants) Act 1975, allowing certain people to claim discretionary provision out of the estate in limited circumstances.’
OUP Blog, 4th April 2017
Source: www.blog.oup.com
‘Did the pre Localism Act 2011 succession rules for a secure tenancy amount to a breach of article 8 and 14 (private life and non-discrimination), and if so, should a declaration of incompatibility be made if the Housing Act 1985 could not be read compatibly? This was the issue in this appeal.’
Nearly Legal, 3rd April 2017
Source: www.nearlylegal.co.uk
‘The Supreme Court has allowed the recovery of a pre-LASPO success fee and after-the-event (ATE) premium where the conditional fee agreement (CFA) and insurance had to be extended after 1 April 2013 to cover appeals.’
Litigation Futures, 29th March 2017
Source: www.litigationfutures.com
‘Columnist Katie Hopkins has been told she cannot appeal against a libel action which landed her with a six-figure bill.’
BBC News, 29th March 2017
Source: www.bbc.co.uk
‘The family of a man whose fatal shooting by a police marksman sparked nationwide riots have lost a challenge over an inquest jury’s conclusion that he was lawfully killed.
Daily Telegraph, 29th March 2017
Source: www.telegraph.co.uk
‘Twins who did not occupy a council flat as their main residence were not entitled to remain there having built up substantial rent arrears, the Court of Appeal has said.’
Local Government Lawyer, 29th March 2017
Source: www.localgovernment.co.uk
‘The Financial Conduct Authority (FCA) did not improperly identify a manager at an investment bank in its final notice imposing a fine on that bank for losses incurred in a particular part of the business, the Supreme Court has ruled.’
OUT-LAW.com, 27th March 2017
Source: www.out-law.com
‘This was an appeal against an order that Canal and River Trust could remove Mr Jones boat from a canal near Bradford on Avon, under its powers under s.8 of the British Waterways Act 1983 and s.13 of the British Waterways Act 1971. Mr J had advanced a defence of breach of article 8 European Convention on Human Rights.’
Nearly Legal, 26th March 2017
Source: www.nearlylegal.co.uk
‘Royal Marine who is in prison for the fatal shooting of a Taliban fighter in Afghanistan finds out today if he is to be freed or must serve more time behind bars.’
Daily Telegraph, 28th March 2017
Source: www.telegraph.co.uk
‘Former gangster Terry Adams has lost his appeal over how much he must repay from his days of crime.’
BBC News, 27th March 2017
Source: www.bbc.co.uk
‘The Court of Appeal has acknowledged that a wife who today lost her appeal to overturn the Central Family Court’s refusal to grant her a divorce will be left in a “very unhappy situation”, prompting renewed calls for “outdated” divorce law to be reformed.’
Law Society’s Gazette, 24th March 2017
Source: www.lawgazette.co.uk
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