Signed, executed and all that! – New Square Chambers

Posted January 24th, 2012 in appeals, documents, enfranchisement, leases, news by sally

“The decision of the Court of Appeal in Hilmi & Associates Ltd v 20 Pembridge Villas Freehold Ltd [2010] 1 WLR 2750 (CA) highlighted the strict requirements of s 36A of the Companies Act 1985 (and hence the similarly-worded ss 43-47 of the Companies Act 2006 now in force) about companies signing and executing documents. The decision concerns a claim for leasehold enfranchisement, but is of wider importance and is a reminder, assuming that any is required, that statutory notices are very much all or nothing.”

Full story (PDF) see p. 4

New Square Chambers, January 2012

Source: www.newsquarechambers.co.uk

UK seizes its moment to reform European court of human rights – The Guardian

Posted January 24th, 2012 in constitutional reform, courts, human rights, news by sally

“Judging by the media fury stoked up over the case of the Islamic cleric Abu Qatada and the ‘meddling’ judges of Strasbourg, the United Kingdom’s departure from the European court of human rights (ECHR) might appear imminent.”

Full story

The Guardian, 24th January 2012

Source: www.guardian.co.uk

Theodora Dallas: inside the jury room – The Guardian

Posted January 24th, 2012 in contempt of court, juries, jury directions, news by sally

“Yesterday’s judgment offers a rare insight into jury deliberations, revealing what Dallas told fellow jurors about her online research.”

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The Guardian, 24th January 2012

Source: www.guardian.co.uk

New online tool in transparency drive – Ministry of Justice

Posted January 24th, 2012 in courts, news, trials by sally

“The Ministry of Justice has published a new online tool that lets people see the length of time cases take in courts across England and Wales.”

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Ministry of Justice, 24th January 2012

Source: www.justice.gov.uk

No smoke without fire – New Square Chambers

Posted January 24th, 2012 in fire, housing, insurance, land registration, news by sally

“It is well known that on exchange of contracts for the purchase of land, title to the property vests in the buyer in equity, so that the buyer is immediately at risk if there is damage to the property. This can be a trap. If, for example, the property is damaged by fire between exchange and completion, the buyer is bound to complete without reduction in price: Poole v Adams (1864) 10 LT 287.”

Full story (PDF) see p. 2

New Square Chambers, January 2012

Source: www.newsquarechambers.co.uk

Wind farm development – A Note on some recent legal issues for decision makers – No.5 Chambers

Posted January 24th, 2012 in consultations, energy, judicial review, news, planning by sally

“Onshore wind, and energy infrastructure generally, is a form of development which gives rise to strongly held views, on all sides. Resolving the competing environmental and policy issues is difficult enough, but this form of development also has a propensity to attract legal challenge.”

Full story (PDF)

No.5 Chambers, 20th January 2012

Source: www.no5.com

Leasehold enfranchisement: busy times – New Square Chambers

Posted January 24th, 2012 in enfranchisement, leases, news by sally

“Despite the parlous state of the residential property market, enfranchisement claims continue to exercise courts and tribunals. This article gives a flavour of what has been generating disputes.”

Full story (PDF)

New Square Chambers, January 2012

Source: www.newsquarechambers.co.uk

All in good faith? Whistleblowing law and practice – Cloisters

Posted January 24th, 2012 in news, whistleblowers by sally

“The Public Interest Disclosure Act 1998 came into life as a Private Members Bill put forward by a Conservative MP with the backing of the then Labour Government and assistance in drafting from Public Concern at Work (PCaW).”

Full story (PDF)

Cloisters, 14th December 2012

Source: www.cloisters.com

Consultation and Legitimate Expectations – 11KBW

Posted January 24th, 2012 in consultations, news by sally

“Whether or not there is in law an obligation to consult, where consultation is embarked upon it must be carried out fairly. What is ‘fair’ will obviously depend on the circumstances of the case and the nature of the proposals under consideration: see R (Edwards) v Environment Agency [2006] EWCA Civ 877 per Auld LJ at [90].”

Full story (PDF)

11KBW, 19th January 2012

Source: www.11kbw.com

Woman jailed for using six-year-old girl to burgle – The Independent

Posted January 24th, 2012 in burglary, child abduction, children, news by sally

“A woman who duped a six-year-old girl into breaking into a house and stealing a laptop was jailed yesterday for 20 months.”

Full story

The Independent, 24th January 2012

Source: www.independent.co.uk

Anthony Pryke’s killer to face justice after confessing to 1987 crime – The Guardian

Posted January 24th, 2012 in homicide, murder, news, self-defence by sally

“The best friend of a teenager whose body was discovered in a drain more than two decades ago will this week be sentenced for manslaughter after he contacted police and confessed to killing his friend.”

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The Guardian, 23rd January 2012

Source: www.guardian.co.uk

Comedians can say ‘mong’ on TV, rules Ofcom – Daily Telegraph

Posted January 24th, 2012 in complaints, freedom of expression, media, news by sally

“Media regulator Ofcom has rejected three complaints about comedian Ricky Gervais’s use of the word ‘mong’ during his Channel 4 show Science.”

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Daily Telegraph, 23rd January 2012

Source: www.telegraph.co.uk

Clarke: mediation the future for separating families – Ministry of Justice

Posted January 24th, 2012 in arbitration, dispute resolution, divorce, families, news by sally

“Justice Secretary Ken Clarke has today (23 January) urged separating couples to consider mediation when they separate or divorce, instead of turning to the courts.”

Full story

Ministry of Justice, 23rd January 2012

Source: www.justice.gov.uk

Drug guidelines suggest lighter sentences for ‘social dealers’ – The Guardian

Posted January 24th, 2012 in drug offences, drug trafficking, medicines, news, sentencing by sally

“Recreational drug users who naively buy small quantities to share with their friends could avoid jail under sentencing guidelines for drug offences published on Tuesday.”

Full story

The Guardian, 24th January 2012

Source: www.guardian.co.uk

Objections to right-to-die plea – BBC News

Posted January 24th, 2012 in assisted suicide, defences, doctors, euthanasia, news by sally

“The court case of a severely disabled man seeking permission for a doctor to ‘lawfully’ end his life should not go ahead, the Ministry of Justice says.”

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BBC News, 23rd January 2012

Source: www.bbc.co.uk

Crimes of passion: R v Clinton – Halsbury’s Law Exchange

Posted January 24th, 2012 in defences, interpretation, murder, news, provocation by sally

“Contrary to press reports last week, there is no defence to murder in England and Wales that the killing was a crime of passion.”

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Halsbury’s Law Exchange, 23rd January 2012

Source: www.halsburyslawexchange.co.uk

Sentencing Council launches new definitive guideline for drug offences – Sentencing Council

Posted January 24th, 2012 in drug offences, drug trafficking, news, sentencing by sally

“Today, the Sentencing Council is publishing a new guideline for judges and magistrates on the sentencing of drug offences.”

Full story

Sentencing Council, 24th January 2012

Source: http://sentencingcouncil.judiciary.gov.uk

‘Infidelity plus’ – the new defence against murder – The Guardian

Posted January 23rd, 2012 in defences, murder, news by sally

“A partner’s affair can no longer be treated by courts as a defensible reason to lose control and kill – but it can be a factor.”

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The Guardian, 23rd January 2012

Source: www.guardian.co.uk

ITV breached audience trust over ‘IRA’ video game footage, says Ofcom – The Guardian

Posted January 23rd, 2012 in complaints, media, news by sally

“Ofcom has reprimanded, ITV for misleading viewers and breaking the broadcasting code, after video game footage was mistakenly used in a documentary sequence purporting to show the IRA shooting down a helicopter with weapons supplied by Muammar Gaddafi.”

Full story

The Guardian, 23rd January 2012

Source: www.guardian.co.uk

LSB issues warning notice to Bar Standards Board – Legal Services Board

Posted January 23rd, 2012 in barristers, news, professional conduct by sally

“Schedule 4 to the Legal Services Act 2007 (‘the Act’) provides that Approved Regulators must obtain approval from the Legal Services Board (LSB) to alter any of their Regulatory Arrangements. The LSB has issued a notice, referred to as a “warning notice” under Paragraph 21(1)(b) of Schedule 4 to the Act, in respect of the BSB’s application to alter its regulatory arrangements concerning aspects of the Cab Rank Rule. The notice has been given because the LSB is considering whether to refuse the application. The LSB may now invite advice from other parties and has a period of up to 18 months from Friday 20 January 2011 to reach a decision.”

Full story

Legal Services Board, 23rd January 2012

Source: www.legalservicesboard.org.uk