The Lowe down – Nearly Legal

Posted April 2nd, 2024 in deposits, housing, landlord & tenant, news, penalties by tracey

‘Lowe v Governors of Sutton’s Hospital In Charterhouse (2024) EWHC 646 (Ch). A High Court appeal of a first instance county court judgment by HHJ Luba KC, which we noted here. The claim was for deposit penalties for failure to provide the prescribed information in breach of s.213(6) Housing Act 2004. It was dismissed at first instance on the basis that the requirements had been met.’

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Nearly Legal, 1st April 2024

Source: nearlylegal.co.uk

Tribunal throws out solicitor’s claim based on sale of practice – Legal Futures

‘An employment tribunal has struck out a solicitor’s breach of contract claim based on a business agreement to transfer his practice to another firm, which was then to employ him.’

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Legal Futures, 2nd April 2024

Source: www.legalfutures.co.uk

BSB will not investigate barrister over misgendering trans lawyers – Legal Futures

‘The Bar Standards Board (BSB) has decided not to investigate a gender-critical barrister who was accused of being transphobic by misgendering two trans lawyers.’

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Legal Futures, 2nd April 2024

Source: www.legalfutures.co.uk

Stephen Bear ordered to pay £22,305 Confiscation Order – Crown Prosecution Service

‘Today at Chelmsford Crown Court, a Confiscation Order of £22,305 was given to Stephen Bear, to retrieve the ill-gotten gains he accumulated from publishing explicit content to a subscription site without the consent of those involved. The judge has ordered that the victim, Georgia Harrison, be compensated to the value of £5,000, which will be paid out of any monies paid towards the Confiscation Order.’

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Crown Prosecution Service, 28th March 2024

Source: www.cps.gov.uk

Keynote speech by Mrs Justice Cheema-Grubb at the South Eastern Circuit: Mental Health, Diversion and Crime Speeches – Courts and Tribunals Judiciary

Posted April 2nd, 2024 in criminal justice, judiciary, mental health, news, sentencing, speeches by tracey

‘Keynote speech by Mrs Justice Cheema-Grubb at the South Eastern Circuit: Mental Health, Diversion and Crime.’

Full speech

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Courts and Tribunals Judiciary, 21st March 2024

Source: www.judiciary.uk

Fixed costs JR dropped after government concessions – Law Society’s Gazette

Posted April 2nd, 2024 in costs, Ministry of Justice, news, personal injuries, solicitors by tracey

‘Personal injury lawyers have dropped legal action against the government after a series of concessions on when fixed recoverable costs (FRC) would apply.’

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Law Society's Gazette, 28th March 2024

Source: www.lawgazette.co.uk

Crackdown on ‘gagging orders’ to protect victims’ ability to access support – Ministry of Justice

‘Victims will no longer be prevented from accessing support or legal advice under plans to crack down on the misuse of non-disclosure agreements (NDAs).’

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Ministry of Justice, 28th March 2024

Source: www.gov.uk

Claimant lawyers ordered to pay half the costs of a fundamentally dishonest personal injury claim – Law Society’s Gazette

‘A defendant firm has hailed a rare court decision where a claimant’s lawyers were ordered to pay towards the costs of a fundamentally dishonest claim.’

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Law Society's Gazette, 28th March 2024

Source: www.lawgazette.co.uk

Family anger at sentence on fatal crash driver, 19 – BBC News

‘A 19-year-old has been jailed for six years for killing two teens in a crash after speeding at more than twice the limit.’

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BBC News, 28th March 2024

Source: www.bbc.co.uk

Revealed: Hundreds of repeat knife offenders spared jail despite ‘two strikes’ crackdown – The Independent

Posted April 2nd, 2024 in imprisonment, news, offensive weapons, police, recidivists, sentencing, statistics by tracey

‘The Police Federation of England and Wales calls for a royal commission as analysis of figures by The Independent reveals nearly four in 10 repeat knife offenders are spared immediate prison sentences.’

Full Story

The Independent, 1st April 2024

Source: www.independent.co.uk

Easter Break

Posted March 28th, 2024 in holidays, news by tracey

There will be no posts over the Easter holiday. We will resume posting on 2nd April 2024

Crackdown on ‘gagging orders’ to protect victims’ ability to access support – Ministry of Justice

‘Victims will no longer be prevented from accessing support or legal advice under plans to crack down on the misuse of non-disclosure agreements (NDAs).’

Full Story

Ministry of Justice, 28th March 2024

Source: www.gov.uk

Conditions can only be imposed if found to be necessary – Local Government Lawyer

Posted March 28th, 2024 in consent orders, news, parking, planning, retrospectivity by tracey

‘Gregory Jones KC analyses a recent case involving the application of the Blue Pencil Rule on a consent order.’

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Local Government Lawyer, 28th March 2024

Source: www.localgovernmentlawyer.co.uk

This site is not available. Try again later. – Local Government Lawyer

Posted March 28th, 2024 in local government, news, planning by tracey

‘At what point does a site cease to be “available” for the purposes of the sequential test? This was the question considered in a recent case, writes Katie Scuoler.’

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Local Government Lawyer, 28th March 2024

Source: www.localgovernmentlawyer.co.uk

Procurement Act 2023 – Relaxation of section 17 Local Government Act 1988 – Local Government Lawyer

Posted March 28th, 2024 in contracting out, contracts, local government, news, public procurement by tracey

‘Louis Sebastian and Rebecca Rees look at the Government’s plans to relax s17 of the Local Government Act 1988, which prohibits consideration of a wide range of “non-commercial matters” in procurement processes.’

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Local Government Lawyer, 28th March 2024

Source: www.localgovernmentlawyer.co.uk

Bar Council issues warning over Garrick Club membership – Legal Futures

Posted March 28th, 2024 in barristers, clubs, diversity, equality, judiciary, news by tracey

‘The Bar Council said yesterday that membership of the men-only Garrick Club creates “the potential for unfair advantage” when it came to practitioners needing references to become judges.’

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Legal Futures, 28th March 2024

Source: www.legalfutures.co.uk

At the heart of the Bar Council is a “commitment to fairness, equality and diversity” says Chair Sam Townend KC – The Bar Council

Posted March 28th, 2024 in barristers, clubs, diversity, equality, judiciary, news, women by tracey

‘In response to the media reports about membership of the Garrick Club, the Bar Council has issued the following statement:
Chair of the Bar Council, Sam Townend KC, said: “At the heart of the Bar Council’s work, as the representative body for all barristers in England and Wales, is a commitment to fairness, equality and diversity. We are proud of the work that the Bar Council does in striving to achieve an inclusive and meritocratic legal profession.”‘

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The Bar Council, 27th March 2024

Source: www.barcouncil.org.uk

Law firm £1.3m negligence saga “does not reflect well on profession” – Legal Futures

Posted March 28th, 2024 in law firms, negligence, news, trusts by tracey

‘A City law firm has failed to strike out a £1.3m negligence claim arising from a discretionary trust it set up for a man described by a High Court judge as “serially let down” by the profession.’

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Legal Futures, 28th March 2024

Source: www.legalfutures.co.uk

Firm avoids wasted costs order despite ‘reprehensible’ mistakes – Law Society’s Gazette

Posted March 28th, 2024 in case management, delay, law firms, news, personal injuries, wasted costs orders by tracey

‘The High Court has rejected a client’s bid for a wasted costs order against his former solicitors – despite being heavily critical of repeated failings in running the case.’

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Law Society's Gazette, 27th March 2024

Source: www.lawgazette.co.uk

Former traders Tom Hayes and Carlo Palombo’s convictions upheld by Court of Appeal – Law Society’s Gazette

Posted March 28th, 2024 in appeals, banking, conspiracy, fraud, interest, news by tracey

‘Two former traders jailed over the manipulation of key benchmark interest rates today had their convictions upheld by the Court of Appeal.’

Full Story

Law Society's Gazette, 27th March 2024

Source: www.lawgazette.co.uk