‘A trainee solicitor who never took up his job after the terms of employment were changed four days before he began work has failed in his bid for damages greater than his contractual notice period.’
Legal Futures, 23rd May 2023
Source: www.legalfutures.co.uk
‘Birmingham City Council v Bravington (2023) EWCA Civ 308. A quick one – A possession claim under s.84A Housing Act 1985 requires service of a notice under section 83ZA. In this case.’
Nearly Legal, 23rd April 2023
Source: nearlylegal.co.uk
‘Thanet District Council failed to give notice to a Pavee Traveller and her family that it had withdrawn consent for them to stay on land at Ramsgate Port in Kent, before issuing a direction demanding they leave, the Court of Appeal has ruled.’
Local Government Lawyer, 21st April 2023
Source: www.localgovernmentlawyer.co.uk
‘Landlords are to be given new powers to evict problematic tenants with two weeks’ notice under government proposals to address antisocial behaviour.’
The Guardian, 27th March 2023
Source: www.theguardian.com
‘Building owners or leaseholders with responsibility for repair and maintenance of the building’s structure and external walls will be liable for a criminal offence if they fail to register occupied “higher-risk buildings” in England between 6 April and 1 October 2023.’
OUT-LAW.com, 20th March 2023
Source: www.pinsentmasons.com
‘Stockport Metropolitan Borough Council has secured an order from the Upper Tribunal (Lands Chamber) that it need not serve a notice to treat when engaged in the compulsory purchase of land from an unknown person, despite the Court Funds Office maintaining that it was.’
Local Government Lawyer, 8th March 2023
Source: www.localgovernmentlawyer.co.uk
‘A Family Court judge has said he cannot compel a mother to disclose the identity of a toddler’s birth father, even though he should have been told of the child’s existence before adoption proceedings are completed.’
Local Government Lawyer, 23rd February 2023
Source: www.localgovernmentlawyer.co.uk
‘Christopher Cant sets out the lessons to be learned from an important Court of Appeal ruling on the effect of a “revised liability notice” for Community Infrastructure Levy upon an earlier liability notice relating to a housing and office development for which planning permission had been granted.’
Local Government Lawyer, 20th January 2023
Source: www.localgovernmentlawyer.co.uk
‘Part 2 of the Sexual Offences Act 2003 provides various measures that enable the police in England and Wales to monitor and manage sex offenders living in the local area.’
House of Commons Library, 11th January 2023
Source: commonslibrary.parliament.uk
‘Where a local authority (the “Billing Authority”) has reasonable grounds for believing that a person (individual or company) is liable for national non-domestic rates (“business rates”) in respect to a premises (a “hereditament”), the Billing Authority is likely to serve a demand notice upon that person (the “alleged ratepayer”; or “demandee”) in respect to a liability period. The service of the demand notice being the first stage in seeking payment from the ratepayer.’
33 Bedford Row, 19th December 2022
Source: www.33bedfordrow.co.uk
‘Dorrington Residential Ltd v 56 Clifton Gardens Ltd (LANDLORD AND TENANT – BREACH OF COVENANT – tenant’s covenant to permit landlord to enter and inspect a residential flat) (2022) UKUT 266 (LC). An appeal to the Upper Tribunal of an FTT decision that the leaseholders were in breach of lease by failing to provide access to the freeholder’s agents.’
Nearly Legal, 30th October 2022
Source: nearlylegal.co.uk
‘Once a trade mark application has successfully passed the examination of the UK Intellectual Property Office (UK IPO), it is published in the Trade Marks Journal. The application is then open for others to oppose its registration. This brief summary explains the procedures for opposing trade mark applications in the UK and for defending an opposition. The proceedings are the same for national UK filings as well as for international registrations designated to the UK.’
OUT-LAW.com, 14th September 2022
Source: www.pinsentmasons.com
‘For many property practitioners, whose work comes within the orbit of the Party Wall etc. Act 1996 (PWA 1996), the High Court’s decision in Power and another v Shah earlier this year only confirmed what they already believed: if a building owner has not served a party wall notice before embarking on their works, an adjoining owner cannot invoke the dispute resolution process under section 10 of the PWA 1996 to seek redress and compensation.
But what does that mean in practical terms for the adjoining owner, and is either party better off as a result?’
Practical Law: Construction Blog, 14th September 2022
‘On 19 May 2017 HMRC decided that SNMP was not entitled to repayments of input tax claimed in respect of ten accounting periods and issued assessments for £312,377. That decision was later confirmed following a statutory review under sections 83A-G Value Added Tax Act 1994 (“VATA”). The solicitors for SNMP submitted a notice of appeal on 18 August 2017 but an application for hardship was not made nor had the amount in dispute been paid. As a consequence the FTT returned the appeal. The solicitors for SNMP re-submitted the appeal on 31 August 2017 but the disputed tax had still not been paid and neither had a hardship application been made. On the same date the FTT returned the appeal for the same reason as before by e-mail. Unfortunately the FTT used the wrong e-mail address for the solicitor and it was never received.’
23 Essex Street, 25th August 2022
Source: www.23es.com
‘Christopher Cant reviews the role played by liability and demand notices in the operation of the Community Infrastructure Levy (CIL) regime and analyses two recent court rulings.’
Local Government Lawyer, 19th August 2022
Source: www.localgovernmentlawyer.co.uk
‘Getting the notice right is important for all construction contracts and NEC is no exception. Failing to issue a notice as required under the contract can have serious consequences and in NEC this is often an issue that arises in relation to the obligation to notify compensation events within an eight week period (clause 61.3 of NEC4 ECC). Another key issue arises in respect of the obligation to issue a notice of dissatisfaction within 28 days of an adjudicator’s decision, as a failure to do so will mean that such decision becomes final and binding, and cannot be challenged by referring it to the tribunal (clause W2.4(1) of NEC4 ECC). Three recent decisions have considered notices of dissatisfaction under NEC, highlighting the importance of getting it right.’
Practical Law: Construction Blog, 10th August 2022
‘In this appeal involving indefinite leave to remain (ILR) on the basis of 10 years’ continuous lawful residence and notices, the Court of Appeal held that Mr Marepally whose application for leave to remain had been rejected by a deficient notice, which failed to inform him of his right to appeal, could not rely on section 3C(2)(a) of the Immigration Act 1971 in order to extend his overall period of leave so that he accrued 10 years’ continuous lawful residence. Moreover, the failure to inform him of his right to appeal had caused no injustice as his appeal would have failed in any event. Mr Marepally had a complex immigration history and appealed against the decision that he was not entitled to indefinite leave to remain in the UK. He had entered the UK in February 2009 with entry clearance until 30 April 2014 as a Tier 4 student. Mr Marepally’s leave to remain as a student was curtailed in January 2014, and his application for further leave to remain was rejected. On 29 April 2014 he applied again (unsuccessfully) for leave to remain as a student. His appeal was eventually allowed on 6 May 2016 after which he varied his April 2014 application (on 25 January 2017) by applying for leave to remain as a Tier 5 worker. That application was refused on 29 March 2017, but the notice was deficient and it did not inform him of his right to appeal.’
EIN Blog, 25th July 2022
Source: www.ein.org.uk
‘A former police officer with links to notorious criminals has been found to have committed gross misconduct.’
BBC News, 14th March 2022
Source: www.bbc.co.uk
‘The High Court has ruled in favour of three claimants in a dispute over whether there is a fixed timeframe in respect of steps in the amendment of an Education, Health and Care (EHC) plan where a local authority accepts amendment is necessary, during the compulsory statutory annual review.’
Local Government Lawyer, 9th March 2022
Source: www.localgovernmentlawyer.co.uk
© Inner Temple Library 2023