Judicial review appeal fails in UK diverted profits tax case – OUT-LAW.com

‘Oil and gas distributing company Glencore Energy’s application for judicial review of the issue of a diverted profits tax (DPT) charging notice by HM Revenue and Customs (HMRC) has been rejected for a second time.’

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OUT-LAW.com, 3rd November 2017

Source: www.out-law.com

New research supports calls for no-fault divorce – Family Law

‘A landmark report published today by the Nuffield Foundation calls for an end to fault-based divorce law in England and Wales.’

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Family Law, 30th October 2017

Source: www.familylaw.co.uk

Nuffield Foundation report calls for no-fault divorce – Law & Religion UK

Posted October 30th, 2017 in charities, divorce, legislation, news, notification, reports by sally

‘Today, the Nuffield Foundation has published a report, Finding Fault, which calls for the introduction of no-fault divorce in England and Wales: there is a summary version here.’

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Law & Religion UK, 30th October 2017

Source: www.lawandreligionuk.com

GDPR: Businesses will be considered ‘aware’ of data breaches when their data processors notice the breach, says watchdog – OUT-LAW.com

Posted October 20th, 2017 in data protection, delay, EC law, news, notification by sally

‘Businesses that outsource the processing of personal data to other companies will be said to be aware of data breaches experienced by those processors as soon as the processors themselves recognise the breach, according to proposed new guidance.’

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OUT-LAW.com, 20th October 2017

Source: www.out-law.com

Contaminated blood scandal: Victims win right to seek damages after thousands infected in 1970s and 80s – The Independent

‘Victims of the contaminated blood scandal in the 1970s and 80s have won the right to launch a High Court action for damages.’

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The Independent, 26th September 2017

Source: www.independent.co.uk

New duty to notify data breaches will provide general benefits to data privacy and security, says UK watchdog – OUT-LAW.com

Posted September 7th, 2017 in data protection, EC law, news, notification, privacy, regulations by tracey

‘Data security and privacy will be bolstered by the introduction of new data breach reporting requirements, the UK’s information commissioner has said..’

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OUT-LAW.com, 6th September 2017

Source: www.out-law.com

Partridge v Gupta – Arden Chambers

Posted August 22nd, 2017 in civil procedure rules, housing, news, notification, repossession by sally

‘The High Court has held that CPR 83.13 (permission required to issue a writ of possession) does not require that the occupier be given notice of the actual application for permission. What is required is that they should have sufficient knowledge about the case as a whole.’

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Arden Chambers, 15th August 2017

Source: www.ardenchambers.com

Bucknall v Dacorum Borough Council – Arden Chambers

Posted August 22nd, 2017 in housing, local government, news, notification, regulations, repossession by sally

‘The High Court has held that it is a question of fact whether accommodation occupied after the acceptance of a full housing duty under s.193(2), Housing Act 1996, but which was initially provided to the applicant under s.188, is a “dwelling” for the purposes of ss.3 and 5, Protection from Eviction Act 1977. In the present case, the appellant occupied the property as a dwelling and the notice to quit served on her was invalid because it did not contain the information prescribed by the Notices to Quit etc. (Prescribed Information) Regulations 1988 (SI 1988/2201).’

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Arden Chambers, 10th August 2017

Source: www.ardenchambers.com

Sufficient Notice – Nearly Legal

Posted August 21st, 2017 in civil procedure rules, landlord & tenant, news, notification by sally

‘Those who have been readers of this blog for a while may recall our campaign about evictions by High Court Sheriffs where the writs were (wrongly) obtained as an administrative act by using form N293A. This culminated in a practice note by Senior Master Fontaine, stressing that – for tenants, if not for trespassers or mortgage possessions – any application for a writ had to comply with CPR 83.13.’

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Nearly Legal, 20th August 2017

Source: nearlylegal.co.uk

‘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