‘The Supreme Court has given a homeless mother of five permission to appeal a ruling that upheld a London borough’s offer of accommodation near Milton Keynes.’
Full story
Local Government Lawyer, 4th February 2015
Source: www.localgovernment.co.uk
‘Ms Y is the leaseholder of a flat below that of Mrs & Mr Shakeshaft, who had a tenant in theirs. There had been repeated leaks, and floods, into Ms Y’s flat over a period of 4 years or so, originating in the Shakeshaft’s flat above and causing considerable damage. Ms Y had brought a claim which, by the time it reached trial at first instance, was purely a claim in nuisance against Mrs & Mr S for the water originating in their flat.’
NearlyLegal, 4th February 2015
Source: www.nearlylegal.co.uk
‘Unfortunately the Court of Appeal’s judgment in the Article 3 health test cases in GS (India) & Ors v The Secretary of State for the Home Department [2015] EWCA Civ 40 (30 January 2015) does not change very much for migrants with serious health conditions seeking to remain in the UK.’
Free Movement, 4th February 2015
Source: www.freemovement.org.uk
‘The Appellant, (Edwards) rented a 2nd floor flat by way of an assured short hold tenancy from the Respondent (Kumarasamy). The Respondent was not the owner of the block of flats but had a long lease of the particular flat let to the Appellant. The Appellant suffered injury when he tripped over an uneven paving stone in the pathway ,between the front door of the block and the communal bins. The Respondent had received no notice of the defect prior to the accident. This was accepted.’
Zenith PI Blog, 4th February 2015
Source: www.zenithpi.wordpress.com
‘Seven British judges will consider whether two convicted murderers from Trinidad should have their death penalty sentences lifted by the privy council.’
The Guardian, 4th February 2015
Source: www.guardian.co.uk
‘Topshop has been ordered to pay pop star Rihanna’s legal costs following their multi-million pound battle over a T-shirt. The high-street store lost the dispute when both the High Court and Court of Appeal declared Topshop had used her image unlawfully on a “tank” sleeveless T-shirt sold to thousands of fans.’
Daily Telegraph, 3rd February 2015
Source: www.telegraph.co.uk
‘A conditional fee agreement (CFA) that was signed at a client’s home, rather than at the lawyer’s office, was unenforceable because the client had not been given notice of her right to cancel, the Court of Appeal has ruled.’
OUT-LAW.com, 3rd February 2015
Source: www.outlaw.com
‘BB, PP, U and others v Secretary of State for the Home Department [2015] EWCA Civ 9 (23 January 2015). This was an appeal by Algerian nationals who had been found by the Special Immigration and Appeals Commission (SIAC) to constitute a threat to UK national security, against deportation to Algeria.’
UK Human Rights Blog, 2nd February 2015
Source: www.ukhumanrightsblog.com
Edwards v Kumarasamy; [2015] EWCA Civ 20; [2015] WLR (D) 40
‘A tenant was not required to give notice of a defect to a landlord for the latter to be liable under section 11(1A) of the Landlord and Tenant Act 1985 for injury or loss to the tenant resulting from the failure of the landlord to keep in repair any part of the building in which the landlord had an interest.’
WLR Daily, 28th January 2015
Source: www.iclr.co.uk
‘It would not be appropriate in care proceedings to dispose of a case at the case management hearing where there remained any significant issue as to threshold, assessment, or placement; nor could it ever be appropriate where the children’s guardian had not at least had an opportunity of seeing the child or children in question and to prepare a case analysis. Where, unusually, a case was to be disposed of at that hearing adequate notice had to be given to the parties; reluctance on the part of the parents or the children’s guardian would ordinarily be fatal. Furthermore a care order should not be made without some reasons or a judgment, no matter how concise, noting the available options, the positions of the parties and confirming that the outcome for the child was in his or her best interests and was proportionate.’
WLR Daily, 30th January 2015
Source: www.iclr.co.uk
‘The Court of Appeal has sharply criticised a county court judge for adopting a “ruthlessly truncated” and “fundamentally unprincipled” process when he made final care orders at what the parties expected to be a directions hearing.’
Local Government Lawyer, 2nd February 2015
Source: www.localgovernmentlawyer.co.uk
‘HHJ Dodds is well known to readers of this blog. His style of case management was also analysed (and found wanting) by the Court of Appeal the following day in Re S-W (children) [2015] EWCA Civ 27 (30 January 2015). The judgments leave one to ponder whether these cases are a product of the stresses that have emerged from the greater expectations now put on the shoulders of judges to case manage litigation or whether, as previously discussed in this blog by David Hart QC here, it is a problem that arises with clever judges who find that they are, by temperament, not inclined to listen patiently to other people (generally considered to be a core part of the job description).’
UK Human Rights Blog, 1st February 2015
Source: www.ukhumanrightsblog.com
‘The successful party in a civil court case is not entitled to recover the cost of any ‘after the event’ (ATE) legal expenses insurance premium from an unsuccessful opponent, no mater how “reasonable” it was to have taken out the policy in the first place, the UK’s highest court has ruled.’
OUT-LAW.com, 30th January 2015
Source: www.out-law.com
‘Appeal judges have ruled that solicitors cannot recover their costs where conditional fee agreements (CFAs) fail to comply with the cancellation of contracts regulations, with a potential impact on a significant number of cases.’
Litigation Futures, 2nd February 2015
Source: www.litigationfutures.com
‘One of the UK’s most notorious killers will learn this week whether he has anything more than the faintest of hopes of ever leaving prison. The European Court of Human Rights in Strasbourg is set to rule whether triple murderer Arthur Hutchinson should be eligible for release from Frankland prison, Durham.’
The Independent, 1st February 2015
Source: www.independent.co.uk
‘A man who smashed the skulls of three sisters with a claw hammer as they slept in a London hotel room has had his minimum term increased from 18 years to 27.’
The Guardian, 29th January 2015
Source: www.guardian.co.uk
‘The 16-year-old boy who murdered teacher Ann Maguire has lost a challenge to his 20-year minimum term.’
The Guardian, 29th January 2015
Source: www.guardian.co.uk
‘Mr Edwards rented a second floor flat from Mr Kumarasamy. Mr K was the leaseholder of that flat, but did not own any other part of the property. Mr K’s lease granted him “the right to use on foot the entrance hall, lift and staircases giving access to the flat; the right to use an access road and parking space and the right to use the Bin Store (which is part of the Communal Areas as defined) and other facilities provided by the landlord. Regulations forming part of the lease in fact require all domestic rubbish to be placed in the Bin Store.”’
NearlyLegal, 28th January 2015
Source: www.nearlylegal.co.uk
‘You call the police in your moment of need and they don’t turn up until it’s too late.’
BBC News, 28th January 2015
Source: www.bbc.co.uk
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