Guarantor was released from obligations when alterations to property were made without its consent, Appeal Court confirms – OUT-LAW.com

Posted January 24th, 2014 in insolvency, landlord & tenant, leases, news, rent, surety by sally

‘The guarantor of an insolvent commercial tenant cannot be held liable for outstanding obligations if changes were made to the lease without its consent which had the “potential” to increase the burden on the guarantor, the Court of Appeal has confirmed.’

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OUT-LAW.com, 23rd January 2014

Source: www.out-law.com

Philpott deaths ‘not preventable’, according to serious case review – The Guardian

Posted January 24th, 2014 in children, domestic violence, homicide, news, reports, social services by sally

‘The deaths of the six Philpott children in a house fire started by their parents “could not have been predicted or prevented”, a serious case review has found.’

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The Guardian, 24th January 2014

Source: www.guardian.co.uk

Supreme Court rules will is valid despite admin error – Daily Telegraph

Posted January 24th, 2014 in appeals, mistake, news, rectification, Supreme Court, wills by sally

‘Alfred and Maureen Rawlings’ wills were contested after a clerical error saw them sign each other’s paperwork.’

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Daily Telegraph, 23rd January 2014

Source: www.telegraph.co.uk

Tommy Robinson, former EDL leader, jailed for fraud – BBC News

Posted January 24th, 2014 in fraud, mortgages, news, sentencing by sally

‘Former English Defence League leader Tommy Robinson, whose real name is Stephen Yaxley-Lennon, has been jailed for 18 months for mortgage fraud.’

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BBC News, 23rd January 2014

Source: www.bbc.co.uk

New Year, new tort of misuse of private information – UK Human Rights Blog

‘A group of UK Google users called ‘Safari Users Against Google’s Secret Tracking’ have claimed that the tracking and collation of information about of their internet usage by Google amounts to misuse of personal information, and a breach of the Data Protection Act 1998. The Judge confirmed that misuse of personal information was a distinct tort. He also held that the English courts had jurisdiction to try the claims.’

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UK Human Rights Blog, 23rd January 2013

Source: www.ukhumanrightsblog.com

The mysterious case of the falling criminal offences: burglary and murders down again, statistics show – The Independent

Posted January 24th, 2014 in crime, news, statistics by sally

‘The public does not believe it and ministers privately admit they do not fully understand the reasons for it – but crime is continuing to fall sharply.’

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The Independent, 23rd January 2014

Source: www.independent.co.uk

Woman guilty of acid attack on friend while disguised in niqab – The Guardian

Posted January 24th, 2014 in assault, grievous bodily harm, news by sally

‘A business student is facing jail after being found guilty of an acid attack that left a friend scarred for life.’

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The Guardian, 23rd January 2014

Source: www.guardian.co.uk

Judges to hear whole-life term challenges – BBC News

Posted January 24th, 2014 in appeals, human rights, murder, news, parole, sentencing by sally

‘The Court of Appeal is due to hear major challenges to whole-life terms given to some killers.’

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BBC News, 24th January 2014

Source: www.bbc.co.uk

Davis and another v Price and another – WLR Daily

Posted January 23rd, 2014 in appeals, bankruptcy, debts, individual voluntary arrangements, law reports, news by sally

Davis and another v Price and another [2014] EWCA Civ 26; [2014] WLR (D) 16

‘The reference to a “further meeting” in section 262(4)(b) of the Insolvency Act 1986 in relation to a nominee was a reference to a “further meeting under section 257” of the Act.’

WLR Daily, 21st January 2014

Source: www.iclr.co.uk

Launch of the Bar Standards Board handbook; challenges and opportunities – Attorney General’s Office

‘Attorney General Dominic Grieve QC MP keynote speech at the launch of new Bar Standards Board handbook.’

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Attorney General’s Office,

Source: www.gov.uk/ago

Pulling back the curtain of privacy in family and Court of Protection proceedings – Halsbury’s Law Exchange

‘New guidance on transparency in proceedings has been published by the President of the Family Division and of the Court of Protection, Sir James Munby.’

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Halsbury’s Law Exchange, 23rd January 2014

Source: www.halsburyslawexchange.co.uk

Gardener Andrew Woodhouse who beat thieves is cleared – BBC News

Posted January 23rd, 2014 in grievous bodily harm, news, self-defence, theft by sally

‘A gardener has been cleared of causing grievous bodily harm to thieves he caught red-handed raiding his business.’

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BBC News, 23rd January 2014

Source: www.bbc.co.uk

Geraldine Morris looks at the changes ahead for family law & predicts some new developments – New Law Journal

‘Lawyers may not always think of themselves as business people; family lawyers in particular are often very client focused, looking to achieve the best outcome for parties who are going through what will often be one of the worst periods of their lives. It can be hard, when weighed down with a busy caseload, to peak above the parapet and take time to reflect on how family law is changing. All businesses change over time, some faster than others. Change within the family law justice system has accelerated at an incredible pace in the last few years and 2014 will be no exception.’

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New Law Journal, 22nd January 2014

Source: www.newlawjournal.co.uk

Attorney General “warned LSB about regulatory creep” but indicates no roll-back of Clementi – Legal Futures

‘The Attorney General has warned about the “danger” of regulators micro-managing the legal profession, but also indicated that the government is unlikely to roll back the Clementi reforms that led to the creation of independent regulators.’

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Legal Futures, 23rd January 2014

Source: www.legalfutures.co.uk

In Conversation with Joshua Rozenberg – LSE

Posted January 23rd, 2014 in media, news, solicitors by sally

‘Joshua Rozenberg is Britain’s best-known commentator on the law. In 2012 he was included by The Times in its independently-judged list of the UK’s 100 most influential lawyers, the only journalist to feature in the Times Law 100.’

Video (YouTube)

LSE, 16th January 2014

Source: www.lse.ac.uk/collections/law/events

Royal wedding protesters lose court appeal against Metropolitan Police – The Independent

Posted January 23rd, 2014 in appeals, demonstrations, news, police, stop and search by sally

‘Republican activists who protested at the wedding of Prince William and Kate Middleton lost a legal appeal on Wednesday, against a ruling on the conduct of the Metropolitan Police.’

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The Independent, 22nd January 2014

Source: www.independent.co.uk

Marital coercion defence ‘to be scrapped’ – BBC News

Posted January 23rd, 2014 in bills, defences, harassment, married persons, news by sally

‘The historical defence of marital coercion is to be abolished in England and Wales, the government has said.’

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BBC News, 22nd January 2014

Source: www.bbc.co.uk

Terror controls explained – Daily Telegraph

Posted January 23rd, 2014 in news, terrorism, terrorism prevention & investigation measures by sally

‘Tpim controls on seven terror suspects expire this month, but what are they?’

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Daily Telegraph, 23rd January 2014

Source: www.telegraph.co.uk

Swimming against the tide of good faith – Hardwicke Chambers

Posted January 22nd, 2014 in contracts, news by sally

‘It is largely accepted that English contract law does not acknowledge a general duty to perform in good faith. In support of this proposition most commentators refer to Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd [1989] QB 433, CA, in which Bingham LJ (as he then was) spoke of the lack of any overriding legal principle of good faith, in the following terms:

“In many civil law systems, and perhaps in most legal systems outside the common law world, the law of obligations recognises and enforces an overriding principle that in making and carrying out contracts parties should act in good faith. This does not simply mean that they should not deceive each other, a principle which any legal system must recognise; its effect is perhaps most aptly conveyed by such metaphorical colloquialisms as “playing fair,” “coming clean” or “putting one’s cards face upwards on the table.” It is in essence a principle of fair and open dealing… English law has, characteristically, committed itself to no such overriding principle but has developed piecemeal solutions in response to demonstrated problems of unfairness.”’

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Hardwicke Chambers, 14th January 2014

Source: www.hardwicke.co.uk

Habitual Residence – the state of mind of the child – the Supreme Court advances the ‘increasing recognition of children as people with a part to play in their own lives, rather than as passive recipients of their parents’ decision.’ – Sovereign Chambers

Posted January 22nd, 2014 in appeals, children, news, residence orders, Supreme Court by sally

‘In relation to an adolescent child, is the state of mind of the child relevant to whether or not habitual residence has been acquired in the place where the child is living?’

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Sovereign Chambers, 20th January 2014

Source: www.sovereignchambers.co.uk