“This is a tale of common law rights, open water swimming, and individual freedoms. It is about the flip side of codified human rights: the time-honoured principle, that that which is not specifically prohibited, is – or should be – permitted in English law.”
UK Human Rights Blog, 6th April 2013
Source: www.ukhumanrightsblog.com
“Nearly £700,000 has been paid out in compensation to pupils by Kent County Council following accidents in schools over the past five years.”
BBC News, 6th April 2013
Source: www.bbc.co.uk
“The families of the six people who died in the Lakanal House fire are taking legal action for compensation, BBC London has learned.”
BBC News, 4th April 2013
Source: www.bbc.co.uk
“It looks like it’s all systems go for HS2. The recent ruling on the high-speed rail from London to Birmingham and Manchester to Leeds gave the green light to the project. The government won nine out of the 10 points being challenged by various local authorities and action groups. It fell down on one area and has taken it on the chin agreeing to re-run its compensation consultation process.”
The Guardian, 3rd April 2013
Source: www.guardian.co.uk
“The Supreme Court has allowed Camden’s appeal from the Court of Appeal ([2011] EWCA Civ 463) on the issue that two separate flats on the same floor of a hostel building could be considered as ‘accommodation available for occupation’ for the applicant, her school-age sister, and her father, who was in ill-health and needed his daughter to care for him.”
Full story (PDF)
Zenith Chambers, 28th March 2013
Source: www.zenithchambers.co.uk
“Thanks to the English High Court, state policing of personal relationships in Britain is on the rise.”
Hardwicke Chambers, 22nd March 2013
Source: www.hardwicke.co.uk
“Councils will be given stronger powers to stop illegal Travellers’ sites being set up, communities and local government secretary Eric Pickles has announced.”
The Guardian, 29th March 2013
Source: www.guardian.co.uk
Islington London Borough Council v Unite Group PLC: [2013] EWHC 508 (Admin); [2013] WLR (D) 120
“For the purposes of article 3(2) of the Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2006 it was the house in multiple occupation that had to comprise of three storeys and not the building in which a house in multiple occupation happened to be found.”
WLR Daily, 22nd March 2013
Source: www.iclr.co.uk
“This was an appeal of a Circuit Judge’s finding that LB Brent’s possession claim under Ground 16, Schedule 2 Housing Act 1985 failed because the property was reasonably needed to accommodate those living there. Very unusually, the appeal was in large part a challenge to the Judge’s findings of fact.”
NearlyLegal, 24th March 2013
Source: www.nearlylegal.co.uk/blog/
“In Kirklees Council v IC & Pali Ltd [2011] UKUT 104 (AAC) the Upper Tribunal held, in the context of property search information, that reg 8(2) EIR precluded an authority from charging for allowing applicants to inspect information in situ and that a charge was only permissible if copy documents were provided to the applicant or the information was accessed other than by means of in situ inspection. The First-tier Tribunal has revisited the application of the charging rule in reg 8 EIR, again in the context of property search information, in Leeds City Council v IC & APPS Claimants (EA/2012/0020-21) (judgment of 22 March 2013).”
Panopticon, 23rd March 2013
Source: www.panopticonblog.com
“This is an interesting appeal in relation to the counting of storeys for HMO licensing purposes. It actually repeats an argument dealt with in an appeal in a criminal prosecution of a Mr Williams by Cotswold District Council from way back in 2008 although the result here was different (see ‘Recount Your Storeys’ (2009) 12 JHL 1).”
NearlyLegal, 22nd March 2013
Source: www.nearlylegal.co.uk
“In May 2012, the Home Secretary announced a review of the Public Sector Equality Duty (PSED), which came into force a year earlier in April 2011, as an outcome of the Red Tape Challenge. The review is focusing in particular on levels of understanding of the PSED and guidance, the costs and benefits of the duty, how organisations are managing legal risk and ensuring compliance with the duty and what changes, if any, would secure better equality outcomes. It is being overseen by a steering group, appointed by Government Ministers, largely drawn from public authorities.”
UK Human Rights Blog, 22nd March 2013
Source: www.ukhumanrightsblog.com
Regina v Hampshire County Council [2013] WLR (D) 117
“There was no reason to stay confiscation proceedings where a trademark offence had been committed, because trademark offences were lifestyle, repeat offences, which did real damage to those entitled to the profits of a trademark and deprived the manufacturers of the legitimate fruits of the research and development of their product and it was proceeds which mattered rather than blame.”
WLR Daily, 20th March 2013
Source: www.iclr.co.uk
“This was an appeal of a Circuit Judge’s finding that LB Brent’s possession claim under Ground 16, Schedule 2 Housing Act 1985 failed because the property was reasonably needed to accommodate those living there. Very unusually, the appeal was in large part a challenge to the Judge’s findings of fact.”
NearlyLegal, 24th March 2013
Source: www.nearlylegal.co.uk
“A man successfully sued his town council for nearly £33,000 after slipping on some berries while walking through a churchyard and breaking a bone.”
Daily Telegraph, 21st March 2013
Source: www.telegraph.co.uk
“If an individual has already been charged and given a warning for misconduct in a disciplinary process, can that process later be reopened, re-run and the individual dismissed for the same charge on the same evidence?”
Littleton Chambers, 14th March 2013
Source: www.littletonchambers.com
“The ‘easyCouncil’ model of no-frills local services faces a high court challenge today, with locals from the London Borough of Barnet, including the disabled resident Maria Nash who is bringing the action, calling for a £320m privatisation deal to be scrapped.”
The Guardian, 19th March 2013
Source: www.guardian.co.uk
“Section 61G(5) of the Town and Country Planning Act 1990, as inserted, required a local planning authority, in determining an application for a neighbourhood area, to consider whether the area proposed was appropriate, after considering the specific factual and policy matrix that existed in an individual case.”
WLR Daily, 13th March 2013
Source: www.iclr.co.uk
“Jacqui Thomas, barrister of 37 Park Square Chambers, Leeds, considers the implications of the recent Tower Hamlets judgment for the cost of kinship care.”
Family Law Week, 17th March 2013
Source: www.familylawweek.com
“The recent case of Birmingham CC v Beech contains a wealth of legal issues but sadly for the Defendant, none of them was decided in her favour. Mrs Beech’s parents had been joint tenants of a 3 bedroom property at 31 Tilshead Close, Birmingham since 1967. Mrs B’s father passed away in 1994 and her mother succeeded to the tenancy. Mrs B moved in to the property with her new partner in 2007 in order to provide care for her mother. Between 2008 and 2009, five offers of accommodation were made to Mrs B and these were refused for a variety of reasons. Mrs B’s request for her name to be added to the tenancy for Tilshead Close was also refused.”
NearlyLegal, 17th March 2013
Source: www.nearlylegal.co.uk
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