Somebody else’s money – Nearly Legal

‘Ms Oliver was the long leaseholder in a block of flats on the Lansdowne Estate, which was owned by the Council. The Council carried out city wide major works, which included works on the Lansdown Estate. Some of the works were eligible for a contribution from a commercial energy company as part of the Community Energy Savings Programme (“CESP”). In total 15 of the 25 blocks on the Lansdowne Estate were eligible to receive CESP funding. The contribution to Ms Oliver’s block was £43,570.44. The Council decided not to pass the CESP directly to the leaseholders as a set off against their service charge contributions. Rather, the Council decided to attribute the money to the funding of works to its city-wide housing stock. The effect of this was that every leaseholder’s service charge was reduced irrespective of whether their block had been entitled to CESP funding.’

Full story

Nearly Legal, 10th April 2017

Source: www.nearlylegal.co.uk

Court of Appeal warns judges against interrupting witness evidence too much – Litigation Futures

‘The Chancellor of the High Court has urged judges to “temper eagerness with restraint” in the way they conduct trials, after a circuit judge was found to have made excessive interventions while witnesses were giving evidence.’

Full story

Litigation Futures, 10th April 2017

Source: www.litigationfutures.com

Shared legal service terminated after requirements of partner councils change – Local Government Lawyer

‘The shared legal service between Spelthorne Borough Council and Reigate & Banstead Borough Council came to an end last month after three years, it has emerged.’

Full story

Local Government Lawyer, 11th April 2017

Source: www.localgovernmentlawyer.co.uk

‘Blood contamination tore my family apart’ – BBC News

Posted April 11th, 2017 in blood products, health, HIV, inquiries, medical treatment, news by sally

‘Thousands of people with haemophilia were infected with HIV and hepatitis as a result of NHS treatments in the 1970s and 80s. But their families are still seeking a public inquiry into the scandal.’

Full story

BBC News, 10th April 2017

Source: www.bbc.co.uk

BREXIT: Banks told to show Brexit plans to PRA – OUT-LAW.com

Posted April 11th, 2017 in banking, brexit, EC law, financial regulation, news, treaties by sally

‘The Bank of England has written to UK financial services firms asking them to send a summary of their contingency plans for Brexit to the Prudential Regulatory Authority (PRA) by July.’

Full story

OUT-LAW.com, 10th April 2017

Source: www.out-law.com

Cuts to legal aid for prisoners ruled unlawful – The Guardian

Posted April 11th, 2017 in appeals, equality, legal aid, legal representation, news, prisons by sally

‘The government has lost a key court of appeal battle over access to legal aid for prisoners in a ruling that campaigners have called a groundbreaking victory.’

Full story

The Guardian, 10th April 2017

Source: www.guardian.co.uk

Whistleblowing: Would you blow the whistle on your boss? What protections do you get? – The Independent

Posted April 11th, 2017 in arson, banking, disclosure, financial regulation, news, whistleblowers by sally

‘Some people may prefer the quiet life choosing not to rock the boat unless they really have to. Others could feel that the only correct thing to do is to spill the beans.’

Full story

The Independent, 10th April 2017

Source: www.independent.co.uk

Death at immigration detention centre comes under investigation – The Guardian

Posted April 11th, 2017 in death in custody, detention, immigration, news by sally

‘An investigation has been launched into the death of a 43-year-old man in an immigration removal centre on Sunday, the Home Office has confirmed.’

Full story

The Guardian, 10th April 2017

Source: www.guardian.co.uk

Drink-driver who crashed with son in car jailed – The Guardian

Posted April 11th, 2017 in costs, dangerous driving, disqualification, driving licences, news, sentencing by sally

‘A drink-driver who smashed into a concrete roundabout island and launched her car 14ft into the air while her child was in the back has been jailed.’

Full story

The Guardian, 10th April 2017

Source: www.guardian.co.uk

I exposed corruption at War Child. Here’s why whistleblowers need anonymity – The Guardian

Posted April 10th, 2017 in anonymity, charities, Charity Commission, news, public interest, whistleblowers by sally

‘When I spoke out about corruption in the charity, I was ostracised and then fired. Little has changed since then. My advice is proceed with caution’

Full story

The Guardian, 10th April 2017

Source: www.guardian.co.uk

Short term lets, long term consequences – Nearly Legal

Posted April 10th, 2017 in forfeiture, housing, injunctions, leases, news by sally

‘A couple of county court cases on Airbnb/short let use by leaseholders. One was reported in the newspapers, the other has not been reported anywhere before. Both show the potentially serious consequences of leaseholders letting out on short lets, where lease clauses arguably prevent it. We have seen the clause ‘use only as a private residence’ in the Upper Tribunal Nemcova, and subletting without consent, “otherwise than as a private residence for occupation by a single household” and carrying out a trade, business or profession from the Property in the FTT in LON/00AY/LBC/2015/0021. In both these cases, other lease clauses were involved, so there is an extension of the kind of clause catching Airbnb/short let use.’

Full story

Nearly Legal, 7th April 2017

Source: www.nearlylegal.co.uk

Immigration checks now required for grant of premises licences – Local Government Lawyer

Posted April 10th, 2017 in immigration, licensed premises, licensing, news by sally

‘New powers to prevent illegal working in premises that sell alcohol or provide late night refreshment have come into force in England and Wales.’

Full story

Local Government Lawyer, 10th April 2017

Source: www.localgovernmentlawyer.co.uk

Lady Hale on indirect discrimination: Essop and Naeem – Law & Religion UK

‘In Essop & Ors v Home Office (UK Border Agency) [2017] UKSC 27, there were two conjoined cases: Essop and Naeem v Secretary of State for Justice. The Supreme Court gave a unanimous judgment on both.’

Full story

Law & Religion UK, 7th April 2017

Source: www.lawandreligionuk.com

Community contribution, priority stars and discrimination – Nearly Legal

‘This was a judicial review of Southwark’s allocation policy as it applied to transfers. Specifically, the issue was whether Southwark’s policy, in awarding ‘priority stars’ for ‘community contribution’ discriminated against women and the disabled.’

Full story

Nearly Legal, 9th April 2017

Source: www.nearlylegal.co.uk

New litter strategy could see fly-tippers given community service – The Guardian

‘Fly-tippers could be forced to pick up litter as part of community service, the environment secretary, Andrea Leadsom, has said.’

Full story

The Guardian, 9th April 2017

Source: www.guardian.co.uk

Man jailed for ‘violent’ murder of former partner – BBC News

Posted April 10th, 2017 in domestic violence, murder, news, sentencing by sally

‘A man has been jailed for life for killing his former partner in a prolonged attack that left her with more than 90 injuries.’

Full story

BBC News, 7th April 2017

Source: www.bbc.co.uk

Rosie Slowe: Article 50 Notice and Implied Conditionality – UK Human Rights Blog

‘More substantive than the 137 word EU (Notification of Withdrawal) Act 2017 (‘Notification Act’), which was passed by Parliament on 13 March, the Prime Minister’s 6 page letter of notice, issued under Article 50 TEU, is lacking in one crucial respect. This post asserts that, as a matter of UK constitutional law and in accordance with the EU Treaties as well as customary international law, conditionality should be inferred into this notice. Such conditionality manifests in the requirement of domestic Parliamentary approval at the end of the Article 50 negotiation process.’

Full story

UK Human Rights Blog, 7th April 2017

Source: www.ukhumanrightsblog.com

Nokia and Apple patent dispute comes before High Court in London – OUT-LAW.com

‘Finnish mobile device manufacturer Nokia was due to argue that Apple has infringed one of its technology patents before the High Court in London on Friday.’

Full story

OUT-LAW.com, 7th April 2017

Source: www.out-law.com

Legal aid safety net applications up by 43% – Legal Voice

‘There has been a 43% increase in applications to LASPO’s safety net regime compared to last year and theLegal Aid Agency granted almost six out of 10. There were 441 applications for exceptional case funding received between October and December 2016, comprising 383 and 58 re-submissions. This compares to 308 in the same period for 2015.’

Full story

Legal Voice, 6th April 2017

Source: www.legalvoice.org.uk

How tobacco firms flout UK law on plain packaging – The Guardian

Posted April 10th, 2017 in brand names, health, news, regulations, smoking, whistleblowers by sally

‘An insider in the tobacco industry has revealed some of the unscrupulous tactics it is using to avoid new restrictions governing the marketing of cigarettes that come into force next month.’

Full story

The Guardian, 9th April 2017

Source: www.guardian.co.uk