Bar to pay £22k legal costs to council and close for two months over alcohol-related violence, magistrates rule – Local Government Lawyer

Posted November 14th, 2022 in appeals, costs, licensed premises, local government, news, violent disorder by sally

‘A court has ordered a Leicester bar to pay more than £20,000 in legal costs to Leicester City Council after an unsuccessful appeal of licensing restrictions, which were aimed at reducing crime, disorder and noise problems.’

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Local Government Lawyer, 11th November 2022

Source: www.localgovernmentlawyer.co.uk

Government planning definition of “gypsies and travellers” unlawfully discriminatory, Court of Appeal rules – Local Government Lawyer

‘A decision on a planning application made by settled Travellers by North West Leicestershire District Council and the Secretary of State for Levelling Up, Housing & Communities has been quashed by the Court of Appeal.’

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Local Government Lawyer, 9th November 2022

Source: www.localgovernmentlawyer.co.uk

Judge ‘in error’ over sentence for Jeremy Vine stalker, says solicitor general – The Guardian

Posted November 8th, 2022 in appeals, judges, news, sentencing, stalking by sally

‘The judge who sentenced Jeremy Vine’s stalker to five and a half years in prison made a mistake and could have given Alex Belfield a higher sentence, one of the UK government’s most senior legal advisers has said.’

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The Guardian, 8th November 2022

Source: www.theguardian.com

Rent Repayment Orders – Upper Tribunal on calculating amount, again – Nearly Legal

Posted November 7th, 2022 in appeals, houses in multiple occupation, housing, landlord & tenant, news, rent by sally

‘Hancher v David & Ors (HOUSING – RENT REPAYMENT ORDERS – house in multiple occupation – failure to obtain an HMO licence) (2022) UKUT 277 (LC). This was an appeal from an FTT decision to make an rent repayment order in the amount of 100% of the rent for the relevant period due to a failure to licence an HMO.’

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Nearly Legal, 6th November 2022

Source: nearlylegal.co.uk

Call for planning permission variations reform after Hillside ruling – OUT-LAW.com

Posted November 4th, 2022 in appeals, housing, local government, news, planning, Supreme Court, Wales by sally

‘Planning law in England should be updated to avoid a situation where the original planning permission granted to a site is invalidated by departures from the original approved plans because subsequent planning permissions granted for development within that site have made compliance with the original scheme physically impossible, an expert has said.’

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OUT-LAW.com, 3rd November 2022

Source: www.pinsentmasons.com

Developer loses Supreme Court battle over implementation of successive planning permissions – Local Government Lawyer

Posted November 4th, 2022 in appeals, housing, local government, news, planning, Supreme Court by sally

‘The Supreme Court has unanimously dismissed an appeal by a developer in a dispute with a national park authority over the implementation of successive planning permissions.’

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Local Government Lawyer, 3rd November 2022

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rules on power to prosecute consumer offences outside local authority area – Local Government Lawyer

Posted November 2nd, 2022 in appeals, local government, news, prosecutions, statutory interpretation by sally

‘The Court of Appeal has handed down a key ruling in conjoined appeals on the power of a local authority to prosecute consumer offences outside its area.’

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Local Government Lawyer, 1st November 2022

Source: www.localgovernmentlawyer.co.uk

Case Preview: News Corp UK & Ireland Limited v Commissioners for His Majesty’s Revenue and Customs – UKSC Blog

Posted November 2nd, 2022 in appeals, HM Revenue & Customs, media, news, Supreme Court, taxation, VAT by sally

‘In this post, Jack Prytherch, Of Counsel in the Tax team at CMS, previews the case of News Corp UK & Ireland Limited v Commissioners for His Majesty’s Revenue and Customs, which is scheduled to be heard on 22 and 23 November 2022.’

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UKSC Blog, 31st October 2022

Source: ukscblog.com

Twitter libel ruling vindicates TV presenter – Law Society’s Gazette

Posted November 1st, 2022 in appeals, damages, defamation, internet, media, news by sally

‘The Court of Appeal’s judgment was handed down in August 2022 in Laura Murray’s appeal against the ruling of Mr Justice Nicklin in Rachel Riley’s (pictured above) libel claim. The appeal was unanimously dismissed by the Court of Appeal, with £10,000 falling due to Riley.’

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Law Society's Gazette, 28th October 2022

Source: www.lawgazette.co.uk

Once more unto the breach – Nearly Legal

Posted October 31st, 2022 in appeals, covenants, housing, landlord & tenant, leases, news, notification by sally

‘Dorrington Residential Ltd v 56 Clifton Gardens Ltd (LANDLORD AND TENANT – BREACH OF COVENANT – tenant’s covenant to permit landlord to enter and inspect a residential flat) (2022) UKUT 266 (LC). An appeal to the Upper Tribunal of an FTT decision that the leaseholders were in breach of lease by failing to provide access to the freeholder’s agents.’

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Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

How final is a final certificate? – Practical Law: Construction Blog

Posted October 28th, 2022 in appeals, construction industry, contracts, judgments, local government, news by sally

‘At the end of last year, Jonathan discussed the Court of Session’s judgment in D McLaughlin & Sons Ltd v East Ayrshire Council, where Lord Clark looked at the conclusiveness of a final certificate under a Scottish Standard Building Contract with Quantities, 2011 Edition (SSBC, 2011 Edition). That case has popped up in the law reports again, this time in the Inner House (also called D McLaughlin & Sons Ltd v East Ayrshire Council), where three lords (Carloway, Woolman and Malcolm) have considered the Council’s appeal against Lord Clark’s judgment. In a rare occurrence these days, that judgment split the house.’

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Practical Law: Construction Blog , 26th October 2022

Source: constructionblog.practicallaw.com

Belsner: Lawyers win in crucial costs recovery ruling – Law Society’s Gazette

Posted October 28th, 2022 in appeals, codes of practice, costs, damages, law firms, news, personal injuries, solicitors by sally

‘Lawyers have won their appeal in a court ruling that will come as a massive relief across the personal injury market. Judges in the Court of Appeal ruled in Belsner v CAM Legal Services this morning that the firm’s personal injury client had made fair and reasonable deductions from her damages. The deductions were therefore lawful and did not need to be paid back.’

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Law Society’s Gazette, 27th October 2022

Source: www.lawgazette.co.uk

Rochdale grooming gang members to be deported to Pakistan – The Guardian

‘Two members of a Rochdale grooming gang are to be deported to Pakistan after losing a seven-year legal fight to remain in Britain.’

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The Guardian, 26th October 2022

Source: www.theguardian.com

HMOs, overcrowding standards and reasonableness of accommodation – Nearly Legal

‘A Court of Appeal decision which has broader significance for considering overcrowding and whether it is reasonable for a homeless applicant to remain in accommodation in an HMO with shared facilities. It also flags some arguments for the future by failing to decide what overcrowding standards should be applied to HMOs.’

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Nearly Legal, 24th October 2022

Source: nearlylegal.co.uk

Contracting out of fixed costs in low value personal injury claims – Guildhall Chambers

‘In a low value personal injury claim, what is the proper interpretation of the phrase, “such costs to be the subject of detailed assessment if not agreed”? If the parties have agreed such a provision within a consent order compromising the claim, have they effectively ‘contracted out of’ the fixed costs regime that would otherwise be applicable to an ex-Protocol claim? The Court of Appeal considered these questions in this decision.’

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Guildhall Chambers, 13th October 2022

Source: www.guildhallchambers.co.uk

Requirements for private sector offers in discharge of duty – Nearly Legal

Posted October 24th, 2022 in appeals, homelessness, housing, local government, news, statutory duty by sally

‘A second appeal from a section 204 appeal of Haringey’s decision to discharge homeless duty following a private rented sector offer (PRSO).’

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Nearly Legal, 23rd October 2022

Source: nearlylegal.co.uk

Good faith: reliance on the repugnant – Practical Law: Construction Blog

Posted October 21st, 2022 in appeals, construction industry, contracts, news, Supreme Court by sally

‘English law has, to put it mildly, a fractious relationship with the concept of good faith. There is a deep-rooted scepticism towards it that has often manifested as outright hostility: Lord Ackner famously described the duty to negotiate in good faith as “inherently repugnant to the adversarial position of the parties” (Walford v Miles). Indeed, the Supreme Court has recently confirmed that there is no general principle of good faith in English law (Times Travel (UK) Ltd and another v Pakistan International Airlines Corp).’

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Practical Law: Construction Blog , 19th October 2022

Source: constructionblog.practicallaw.com

The risks in the written representations procedure – Local Government Lawyer

Posted October 21st, 2022 in appeals, enforcement notices, housing, local government, news, planning by sally

‘The High Court has overturned an inspector’s decision to uphold an enforcement notice in respect of a property in south-west London. Sam Fowles explains why.’

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Local Government Lawyer, 21st October 2022

Source: www.localgovernmentlawyer.co.uk

Meta ordered to sell Giphy as UK competition watchdog confirms decision – The Independent

Posted October 19th, 2022 in appeals, competition, internet, news, ombudsmen, telecommunications by sally

‘The UK’s competition watchdog has reissued an order to Facebook’s parent firm Meta to sell Giphy.’

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The Independent, 18th October 2022

Source: www.independent.co.uk

Supreme Court rules on creditor duty – Law Society’s Gazette

“The Supreme Court has handed down a significant judgment in BTI 2014 LLC v Sequana SA. It addresses the existence, substance and circumstances of the ‘creditor duty’ – the duty of company directors to consider or act in accordance with the interests of companies’ creditors in the context of prospective insolvency.”

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Law Society's Gazette, 14th October 2022

Source: www.lawgazette.co.uk