Gimme Gimme Gimme – Nearly Legal

Posted May 20th, 2019 in news by tracey

‘Curo Places Ltd v Pimlett (LANDLORD AND TENANT – service charges – tenancy agreement of a bungalow in a sheltered housing scheme) (2019) UKUT 130 (LC). Another Upper Tribunal case on a landlord adding additional services and charges to assured tenancy agreements, but where Wilcock v The Guinness Partnership Ltd (2019) UKUT 146 (LC) (our report) concerned an agreement with specified services only, this appeal concerned a tenancy agreement with a clause that did allow the landlord to add additional services and charge for them.’

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Nearly Legal, 19th May 2019

Source: nearlylegal.co.uk

Build UK’s recommendation on contract terms: a step in the right direction – Practical Law: Construction Blog

Posted May 20th, 2019 in news by tracey

‘Build UK, a leading representative organisation for the construction industry, has published a non-binding recommendation on which contract terms its members should (as a minimum) refrain from using. The recommendation “seeks to form a new common ground between clients and the supply chain on contractual practice in the construction sector” with the key objectives being “to promote collaboration, encourage a fairer allocation of risk through the supply chain, and deliver better project outcomes”. In this blog I look at each of Build UK’s recommendations and consider whether they represent a departure from current market practice, or a consolidation of the examples of best practice that we are already seeing clients and contractors adopting in the current market.’

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Practical Law: Construction Blog, 15th May 2019

Source: constructionblog.practicallaw.com

Unlawful arrest – inadequate grounds for suspecting person to be guilty of an offence – UK Police Law Blog

Posted May 20th, 2019 in news by tracey

‘Where a court finds a wrongful arrest, it is often due to inadequate grounds for belief in its necessity. However, a brief judgment in Smith v Police Service for Northern Ireland [2019] NIQB 39 is a demonstration of where there is a lack of reasonable suspicion that the person arrested has, themselves, committed the offence. Also of interest is the sum for damages – £3,550 for the unlawful arrest and ten hours’ consequent unlawful detention.’

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UK Police Law Blog, 10th May 2019

Source: ukpolicelawblog.com

‘Bullying’ libel judge’s dismissal of claim reversed on appeal – Law Society’s Gazette

Posted May 20th, 2019 in news by tracey

‘Appeal judges have strongly criticised the “surprising and troubling” conduct of a High Court judge towards a litigant in person during a defamation hearing, saying he “cast off the mantle of impartiality”. Ruling in Serafin v Malkiewicz and Others, Lord Justice Lewison, Lord Justice McCombe and Lord Justice Haddon-Cave allowed an appeal against Mr Justice Jay’s dismissal of a libel claim against a London Polish-language newspaper.’

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Law Society's Gazette, 20th May 2019

Source: www.lawgazette.co.uk

Financial Remedy & Divorce Update, May 2019 – Family Law Week

Posted May 20th, 2019 in news by tracey

‘Rose-Marie Drury, Senior Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during April 2019.’

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Family Law Week, 14th May 2019

Source: www.familylawweek.co.uk

Man who ‘confessed’ to raping woman in Facebook message was not prosecuted – The Independent

Posted May 20th, 2019 in news by tracey

‘A man who “confessed” on Facebook Messenger to raping a woman in her sleep will not be prosecuted because authorities think there is “no realistic prospect of conviction”, The Independent can reveal.’

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The Independent, 19th May 2019

Source: www.independent.co.uk

UK property register ‘needed urgently’ to stop money laundering – The Guardian

Posted May 20th, 2019 in news by tracey

‘Proposals for the first register of foreign-owned property aimed at preventing “McMafia-style” money laundering should be put in practice urgently and reinforced to plug potential loopholes, the government has been told.’

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The Guardian, 20th May 2019

Source: www.theguardian.com

Parents of student who died in suicide over anxiety attacks to sue Bristol University – The Independent

Posted May 20th, 2019 in news by tracey

‘The parents of a student who took her own life because she was too anxious to make a public presentation are taking legal action against her university.’

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The Independent, 19th May 2019

Source: www.independent.co.uk

Judge spikes PI claim from ‘disabled’ victim over fundamental dishonesty – Law Society’s Gazette

‘The High Court has thrown out a personal injury claim – without letting the case go to full quantum trial – after the litigant presented an ‘egregiously untrue picture’ of his disabilities.’

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Law Society's Gazette, 16th May 2019

Source: www.lawgazette.co.uk

Government announces new register for retail landlords – BBC News

Posted May 17th, 2019 in landlord & tenant, local government, news, planning by sally

‘The government says it will make it easier to find out who owns empty buildings on the High Street in a bid to revitalise the UK’s retail sector.’

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BBC News, 16th May 2019

Source: www.bbc.co.uk

Jackson calls for overhaul of system for clinical negligence claims – Litigation Futures

‘Clinical negligence claims could be handled by a tribunal under a new test for liability of whether the patient has suffered ‘reasonably avoidable injury’, Sir Rupert Jackson has proposed.’

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Litigation Futures, 17th May 2019

Source: www.litigationfutures.com

Takeaway boss has two-year manslaughter sentence overturned after death of schoolgirl with nut allergy – Daily Telegraph

‘A takeaway boss found guilty of the manslaughter of a schoolgirl who suffered an allergic reaction to a meal containing peanut proteins has won an appeal against his conviction.’

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Daily Telegraph, 16th May 2019

Source: www.telegraph.co.uk

UK government security decisions can be challenged in court, judges rule – The Guardian

‘Government security decisions will in future be open to challenge in the courts after judges ruled that a secretive intelligence tribunal could not be exempt from legal action.’

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The Guardian, 15th May 2019

Source: www.theguardian.com

“Impecunious” company with wealthy backers denied costs cap – Litigation Futures

Posted May 17th, 2019 in costs, costs capping orders, judicial review, local government, news by sally

‘It would not be reasonable for an “impecunious” company to withdraw a crowdfunded claim for judicial review if it was denied a costs-capping order (CCO), because its shareholders have sufficient resources to back the case, the High Court has ruled.’

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Litigation Futures, 16th May 2019

Source: www.litigationfutures.com

Drivers to face automatic £100 fines for ignoring lane closures – BBC News

Posted May 17th, 2019 in fines, news, road traffic offences, roads by sally

‘Drivers who ignore lane closures on smart motorways in England will face automatic £100 fines and penalty points on their licence, under new laws.’

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BBC News, 16th May 2019

Source: www.bbc.co.uk

Man jailed for painting racist graffiti on family’s Salford home – The Guardian

Posted May 17th, 2019 in hate crime, news, racism, sentencing by sally

‘A man who daubed “no blacks” on the front door of the home of a Salford man and his 10-year-old son has been jailed for 12 months.’

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The Guardian, 16th May 2019

Source: www.theguardian.com

Employment Appeal Tribunal hears appeal from Christian ex-magistrate dismissed over adoption comments – Local Government Lawyer

‘The Employment Appeal Tribunal is this week hearing an appeal from a former magistrate who was removed from the judiciary after he expressed the view that it was in a child’s best interests to be raised by a mother and a father.’

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Local Government Lawyer, 15th May 2019

Source: www.localgovernmentlawyer.co.uk

Student Natasha Abrahart’s suicide: Neglect a ‘contributory factor’ – BBC News

‘A university student took her own life partly as a result of neglect, an inquest has ruled.’

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BBC News, 16th May 2019

Source: www.bbc.co.uk

Solicitors call for more full-time employment judges – Litigation Futures

‘Employment tribunals are being forced to rush in part-time judges in order to try to clear the growing backlog of cases waiting to be heard, a specialist law firm has claimed.’

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Litigation Futures, 15th May 2019

Source: www.litigationfutures.com

Solicitor’s “atrocious” conduct over child contact case condemned – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has struck off a solicitor whose conduct in a sensitive child contact case it described as “atrocious”.’

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Legal Futures, 16th May 2019

Source: www.legalfutures.co.uk