Hastings Borough Council v Turner [2020] UKUT 184 (LC) – Tanfield Chambers

‘A property which was converted into flats before the Building Regulations 1991 came into force, which otherwise falls within the meaning of an HMO set out in Section 254(1)(e) of the Housing Act 2004, will be an HMO unless those regulations are now complied with. When appealing the issue of an HMO license in the FTT, the burden of proof is on the applicant to establish that the property is now compliant with the Buildings Regulations 1991.’

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Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Court of Appeal upholds “unparalleled” Housing (Wales) Act 2014 eviction rules – Local Government Lawyer

Posted July 10th, 2020 in appeals, housing, landlord & tenant, licensing, news, notification, repossession, Wales by sally

‘Welsh law means that a landlord who is unlicensed cannot lawfully serve an eviction notice on tenants, the Court of Appeal has found.’

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Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

Pubs, Pandemics and Privacy: 5 Things You Need To Know – Each Other

Posted July 9th, 2020 in coronavirus, data protection, human rights, licensing, news, privacy by sally

‘Hundreds of pubs across England have reopened their doors after months of lockdown – with a handful having to close again after punters reported testing positive for Covid-19.’

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Each Other, 8th July 2020

Source: eachother.org.uk

Navigating Market Authorisation in the UK for the pharmaceutical industry – 3PB

Posted June 18th, 2020 in health, licensing, medicines, news by sally

‘‘Marketing Authorisation’ must be obtained in respect of any medicinal product that is to be sold, supplied or offered for sale or supply in the UK. This article looks at the different types of authorisation available, including when they might be appropriate for use in respect of the UK only before considering the process adopted in the UK for approving medicines into the market. It is designed to be a beginner’s guide to bringing new products to market in the UK as opposed to a full explanation of each step; ultimately how the application itself is make will depend on the product itself and the research behind it. If upon reading this article you gain an understanding of how to begin the Market Authorisation process, then this article has served its purpose.’

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3PB, 4th June 2020

Source: www.3pb.co.uk

The Pendulum Pub Licence Revoked at Summary Review Hearing for Breaking Lockdown Regulations – Francis Taylor Building

Posted June 2nd, 2020 in coronavirus, licensed premises, licensing, news by sally

‘In one of the first cases of its type, The Pendulum pub in Pendeford, Wolverhampton has had its premises licence revoked in summary review proceedings brought by West Midlands Police for breaking the coronavirus lockdown provisions.’

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Francis Taylor Building, 20th May 2020

Source: www.ftbchambers.co.uk

Covid-19 could herald reform of reserved legal activities – Legal Futures

‘Changes to the list of reserved activities that only authorised lawyers can do has been floated as one way the ways legal regulation could be flexed to help the profession recover from the Covid-19 crisis.’

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Legal Futures, 27th April 2020

Source: www.legalfutures.co.uk

Solicitor “dipped into” divorce client’s funds – Legal Futures

‘A solicitor who “dipped into” a divorce client’s money, repeatedly lied about it and warned her not to complain to the Solicitors Regulation Authority (SRA) or Legal Ombudsman (LeO) has been struck off.’

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Legal Futures, 24th April 2020

Source: www.legalfutures.co.uk

Lucy’s Law – Pump Court Chambers

Posted April 17th, 2020 in animals, chambers articles, licensing, news by sally

‘On Monday 6 April 2020, the Government brought into force new legislation in England to ban the commercial third-party sale of puppies and kittens, under six months old, by anyone other than a registered breeder.’

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Pump Court Chambers, 7th April 2020

Source: www.pumpcourtchambers.com

Institute of Licensing issues protocol for licence applications and hearings under Licensing Act 2003 during COVID-19 pandemic – Local Government Lawyer

Posted April 7th, 2020 in coronavirus, licensed premises, licensing, local government, news by sally

‘The Institute of Licensing has published a Protocol designed to assist licensing authorities in complying with their obligations and duties under the Licensing Act 2003 during this emergency period.’

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Local Government Lawyer, 3rd April 2020

Source: www.localgovernmentlawyer.co.uk

Council launches judicial review over government decision not to renew city-wide landlord licensing scheme – Local Government

‘Liverpool City Council has launched a judicial review challenge of the government’s decision not to renew its landlord licensing scheme.’

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Local Government Lawyer, 6th April 2020

Source: www.localgovernmentlawyer.co.uk

Landlord fails in Upper Tribunal appeal over requirement to attend training on tenancy management – Local Government Lawyer

Posted March 26th, 2020 in appeals, landlord & tenant, licensing, news, tribunals by sally

‘The Upper Tribunal has rejected an appeal by a landlord over the imposition of a condition on his licence requiring him to attend training on how to manage tenancies.’

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Local Government Lawyer, 25th March 2020

Source: www.localgovernmentlawyer.co.uk

Oh! What a tangled web we weave… – Nearly Legal

Posted March 4th, 2020 in company directors, damages, fines, housing, landlord & tenant, licensing, news by sally

‘In the case of Lifestyle Club Ltd, and its director, Gian Paulo Aliatis, that is what eventually happened in August 2019, with a £42,273 penalty in fines and costs (despite their policy of targeting overseas students as potential tenants on the basis that they wouldn’t understand the legal problems – this targeting is standard for all these ‘accommodation club’ companies). Unsurprisingly, Lifestyle Club Ltd opted for voluntary strike off of the Companies House register during the prosecution, in February 2019.’

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Nearly Legal, 3rd March 2020

Source: nearlylegal.co.uk

“Careless” solicitor who practised unauthorised struck off – Legal Futures

‘A solicitor who carried on practising for almost five months after his practising certificate (PC) and indemnity insurance expired has been struck off.’

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Legal Futures, 25th February 2020

Source: www.legalfutures.co.uk

Patents – Conversant Wireless Licensing v Huawei Technologies Co. Ltd and Others – NIPC Law

Posted February 24th, 2020 in case management, costs, disclosure, licensing, news, patents, proportionality by sally

‘This was an application by the claimant, Conversant Wireless Licensing SARL for disclosure of the licence agreements and assignments relating to 3G and 4G patents that had been entered by the defendants, Huawei Technologies Co Ltd., ZTE (UK) Limited and their British subsidiaries. Substantially the same application had been made to His Honour Judge Hacon at the case management conference in the action which took place in July 2019. The later application was heard by Mr Justice Birss who delivered judgment in Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd and others [2020] EWHC 256 (Pat) on 10 Feb 2020. The reference to the CMC in the transcript of Mr Justice Birss’s judgment is [2009] EWHC 1982 (Pat) but I think that must be a misprint for [2019].’

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NIPC Law, 22nd February 2020

Source: nipclaw.blogspot.com

TV licence convictions hard to justify, says MP scrutinising BBC – The Guardian

Posted February 17th, 2020 in BBC, civil justice, criminal justice, enforcement, fines, licensing, news, select committees by sally

‘The Conservative MP tasked with scrutinising the BBC has said it is hard to justify enforcing the licence fee through the criminal courts, suggesting the corporation is losing support in its battle to prevent the decriminalisation of the £154.50 charge.’

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The Guardian, 15th February 2020

Source: www.theguardian.com

Judge says cowboy traders can be ‘professional, legitimate and hard working’ as he jails rogue plumber – Daily Telegraph

Posted February 12th, 2020 in building law, health & safety, licensing, news, sentencing by sally

‘A judge has said cowboy traders can be “professional, legitimate and hard working”, as he jailed a rogue plumber.’

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Daily Telegraph, 11th February 2020

Source: www.telegraph.co.uk

Solicitor’s “manifest incompetence” in employing banned barrister – Legal Futures

‘A solicitor who employed a banned barrister as a consultant without checking his identity or his record with the Bar Standards Board (BSB) has been fined £20,000.’

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Legal Futures, 10th February 2020

Source: www.legalfutures.co.uk

Criminal legal aid solicitor struck off for accounts rule breaches – Legal Futures

‘A solicitor has been struck off after nearly 40 years in practice after admitting that the difficulties of relying on payment from criminal legal aid work overwhelmed him.’

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Legal Futures, 21st January 2020

Source: www.legalfutures.co.uk

Rent Repayment Orders, criminal standard, and new evidence on appeal – Nearly Legal

Posted January 20th, 2020 in appeals, evidence, housing, landlord & tenant, licensing, news, rent, tribunals by sally

‘This was the appeal of a First Tier Tribunal decision on Ms Salva’s application for a rent repayment order.’

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Nearly Legal, 19th January 2020

Source: nearlylegal.co.uk

Uber driver banned after passengers hold ladder out of window – BBC News

‘An Uber driver caught on camera carrying passengers holding a ladder out of the window of his car has had his licence suspended.’

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BBC News, 16th January 2020

Source: www.bbc.co.uk