‘Or’, ‘Or’ or ‘Or’: Construction of alternative notice provisions in a lease – Hardwicke Chambers

‘Earlier this year in the US, a legal case revolved around the use of an Oxford comma. Not to be outdone, last month the Court of Appeal in England & Wales had to determine the meaning of the word ‘or’; in doing so, they embarked upon a semantic analysis of one of the most common words in the English language, flavoured by the Supreme Court’s most recent case on construction of contracts.’

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Hardwicke Chambers, 15th June 2017

Source: www.hardwicke.co.uk

Police checks for ‘low risk’ sex offenders relaxed – BBC News

Posted June 30th, 2017 in news, notification, police, sexual offences by tracey

‘Police forces in England and Wales are relaxing checks on hundreds of sex offenders living in the community who are assessed to be low risk. Police say the “tailored approach” applies to people who have not reoffended for three years.’

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BBC News, 29th June 2017

Source: www.bbc.co.uk

UKI (Kingsway) Ltd v Westminster City Council – WLR Daily

UKI (Kingsway) Ltd v Westminster City Council [2017] EWCA Civ 430

‘The freeholder of a building being redeveloped failed to agree with the local billing authority a date on which the building would be brought into the ratings list. The authority subsequently delivered to the manager of the building a completion notice addressed to “the owner” specifying a date. The manager, who was not authorised to accept legal documents on behalf of the freeholder, scanned the document and e-mailed a copy to the freeholder. When the building was entered onto the ratings list the freeholder appealed on the grounds that the completion notice was invalid and had not been validly served. Before the Court of Appeal the sole issue was the validity of service.’

WLR Daily, 15th June 2017

Source: www.iclr.co.uk

Southwark LBC v Akhtar Upper Tribunal [2017] UKUT 150 (LC) – Tanfield Chambers

‘The Upper Tribunal reversed decisions from the First Tier Tribunal in respect of the validity of estimated service demands, the requirements to prove the service of a notice under section 20B in light of the incorporation of section 196 of the Law of Property Act 1925 in the lease, and whether a tenant had waived the Landlord’s non-compliance with service charge mechanism of the lease by conduct.’

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Tanfield Chambers, 1st June 2017

Source: www.tanfieldchambers.co.uk

Zimbabwean national unlawfully detained after Home Office fails to serve immigration decision – Free Movement

‘Substantial damages of £10,500 have been awarded to a claimant who was unlawfully detained for a period of 70 days. The Home Office had failed to serve the Claimant with notice of a decision on his application to vary his leave to remain in the UK before detaining him, rendering his detention unlawful. The case is R (on the application of) Godwin Chaparadza v Secretary of State for the Home Department [2017] EWHC 1209 (Admin).’

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Free Movement, 7th June 2017

Source: www.freemovement.org.uk

Judge agrees natural father should not be given notice of care proceedings – Local Government Lawyer

‘A natural father need not be given a copy of a notice of care proceedings where this would create a risk for the mother, HHJ Bellamy has ruled in the Family Court.’

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Local Government Lawyer, 6th June 2017

Source: www.localgovernmentlawyer.co.uk

Home Office scraps ‘insufficient evidence’ notification – Law Society’s Gazette

‘Suspects in criminal investigations will no longer be told by police they do not face any charges because of “insufficient evidence” the government has announced. It was responding to concerns that the phrase would cause an individual’s innocence to be questioned by the public and the media.’

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Law Society’s Gazette, 21st April 2017

Source: www.lawgazette.co.uk

Notification Injunctions to Preserve Assets: an overview by Marc Delehanty – Littleton Chambers

Posted April 6th, 2017 in appeals, freezing injunctions, injunctions, news, notification by sally

‘A notification injunction is a variant of a conventional freezing injunction. Broadly speaking, it provides that the respondent cannot deal with or dispose of his assets without first providing advance notice of the proposed dealings to the applicant.’

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Littleton Chambers, 24th March 2017

Source: www.littletonchambers.com

The Calumny of Bankers: Who’d be a Senior Manager now? – Littleton Chambers

‘In 1494 Botticelli completed painting “the Calumny of Apelles.” It depicts an innocent painter, Apelles, who has been wrongly accused of capital crimes, dragged before the King’s throne by personifications of Slander, Ignorance, Suspicion and Envy. It hangs in the Uffizi today and is thought to have been commissioned by a Florentine banker. In the story Apelles is pardoned from death at the last minute when a third party tells the king that he could not possibly have committed the offence, but the painting captures the moment when Apelles seems inevitably about to meet a sticky end, surrounded and almost entirely enveloped by Slander, Ignorance and Suspicion. Was this commissioned by a worried banker, concerned that he might meet his professional end without the ability to put the record straight or see the underlying disclosure? In Renaissance Florence this is unlikely but it does seem to reflect (at least some) of the anxieties of those who work in regulated professions today, that they may be hampered from obtaining future employment because of their previous employer’s interactions with a regulator.’

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Littleton Chambers, 3rd April 2017

Source: www.littletonchambers.com

Whose Rights are they anyway? Supreme Court gives judgment in FCA v Macris – Blackstone Chambers

‘Criticism can hurt. Public criticism by a regulator taking enforcement action can hurt more. The law has long sought to ensure that those potentially subject to criticism have an opportunity to answer what is said against them.’

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Blackstone Chambers, 5th April 2017

Source: www.blackstonechambers.com

Islington LBC v Dyer – Arden Chambers

Posted April 6th, 2017 in appeals, documents, local government, news, notification, repossession by sally

‘The Court of Appeal has held that a local authority had served a valid notice of possession proceedings under s.128, Housing Act 1996, notwithstanding that the information required by s.128(7) was included in a leaflet accompanying the notice rather than in the body of the notice itself.’

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Arden Chambers, 22nd March 2017

Source: www.ardenchambers.com

Article 50 triggered today: The key points, reaction and analysis – Daily Telegraph

Posted March 29th, 2017 in EC law, news, notification, referendums, treaties by sally

‘Theresa May will officially trigger Article 50 at 12.30pm today, launching two years of negotiations that will end with Brexit in 2019.’

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Daily Telegraph, 29th March 2017

Source: www.telegraph.co.uk

Supreme Court backs regulator in investment bank management identification case – OUT-LAW.com

Posted March 28th, 2017 in appeals, banking, financial regulation, fines, news, notification by sally

‘The Financial Conduct Authority (FCA) did not improperly identify a manager at an investment bank in its final notice imposing a fine on that bank for losses incurred in a particular part of the business, the Supreme Court has ruled.’

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OUT-LAW.com, 27th March 2017

Source: www.out-law.com

Student accused of ETS fraud found to have been unlawfully detained – Free Movement

Posted March 15th, 2017 in detention, examinations, fraud, immigration, judicial review, news, notification by tracey

‘In R (on the application of Iqbal) v Secretary of State for the Home Department [2017] EWHC 79 (Admin) the Secretary of State for the Home Department (SSHD) was found to have unlawfully detained a claimant whom they had alleged had fraudulently obtained an Educational Test Service (ETS) certificate to show that he spoke English to the level required for his immigration application.’

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Free Movement, 15th March 2017

Source: www.freemovement.org.uk

New guidance on incident reporting under EU cybersecurity laws issued for digital service providers – OUT-LAW.com

Posted March 6th, 2017 in confidentiality, data protection, EC law, internet, news, notification by sally

‘Digital service providers (DSPs) will not be obliged to report certain data breaches they experience under new EU cybersecurity laws, according to new guidance issued by the EU’s main cybersecurity body.’

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OUT-LAW.com, 3rd March 2017

Source: www.out-law.com

The legal landscape on cybersecurity is changing with stiffer fines for breaches on the way, says expert – OUT-LAW.com

Posted February 17th, 2017 in data protection, EC law, fines, news, notification by sally

‘Organisations face stiffer obligations on the security measures they must put in place to prevent their systems and data being compromised as well as new duties to disclose major incidents or breaches they experience.’

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OUT-LAW.com, 16th February 2017

Source: www.out-law.com

Philip Allott: Taking Stock of the Legal Fallout from the EU (Notification of Withdrawal) Act 2017 – UK Constitutional Law Association

‘Some of the accumulated noxious legal dust will now settle with the enacting of the grossly mistitled EU (Notification of Withdrawal) Act 2017. We may have witnessed our first post-legal legal event. Populist law. If many people say a legally incorrect thing many times, it may come to be treated as if it were correct. Alternative law.’

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UK Constitutional Law Association, 2nd February 2017

Source: www.ukconstitutionallaw.org

Sex offender jailed for having one-night stand with woman he met in pub without telling police – Daily Telegraph

Posted January 20th, 2017 in criminal records, news, notification, sentencing, sexual offences by sally

‘A man banned from having sex without first telling the police has been sent to jail for 16 months for having a one-night stand with a woman he met in a pub.’

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Daily Telegraph, 19th January 201

Source: www.telegraph.co.uk

The right of a natural father without parental responsibility to receive notice of adoption proceedings – No. 5 Chambers

Posted November 9th, 2016 in adoption, news, notification, parental responsibility, parental rights by sally

‘This short article examines the law concerning the right of a natural father without parental responsibility to receive notice of adoption proceedings relating to his child.’

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No. 5 Chambers, 19th September 2016

Source: www.no5.com

English court dismisses ‘notice to quit’ served on tenant before land registered – OUT-LAW.com

Posted October 11th, 2016 in land registration, landlord & tenant, news, notification by sally

‘A ‘notice to quit’ served on a tenant farmer by the new owner of the land was invalid, as the new owner had given notice before its ownership was properly registered with the Land Registry, the High Court has ruled.’

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OUT-LAW.com, 10th October 2016

Source: www.out-law.com