Coronavirus – new forms 3 and 6A for s8 and s21 – Nearly Legal

‘Now that the Coronavirus Act is in force (as of today 26 March 2020), the three month notice period applies to assure and assured shorthold tenancies (as well as secure, introductory, etc).’

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Nearly Legal, 26th March 2020

Source: nearlylegal.co.uk

Upper Tribunal cuts £572k civil penalties in housing case by 70% – Local Government Lawyer

Posted March 27th, 2020 in appeals, housing, local government, news, notification, penalties, tribunals by sally

‘The Upper Tribunal has allowed in part an appeal over civil penalties of £236,000 imposed on each of two defendants for housing offences, reducing the total amount to be paid to £174,000.’

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Local Government Lawyer, 25th March 2020

Source: www.localgovernmentlawyer.co.uk

The Court of Appeal reviews the right to silence in cases of contempt – Doughty Street Chambers

Posted March 26th, 2020 in appeals, chambers articles, contempt of court, news, notification by sally

‘The Court of Appeal today [17 March] handed down judgment in Andreewitch v Moutreuil [2020] EWCA Civ 382. The courts have long since recognised the “absolute right of a person accused of contempt to remain silent” (Comet v Hawkex [1971] 2 QB 67). The Andreewitch judgment establishes that a judge must warn alleged contemnors of that right before they give oral evidence.’

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Doughty Street Chambers, 17th March 2020

Source: insights.doughtystreet.co.uk

Valid or not valid? – Local Government Lawyer

‘Does an obvious mistake in a Notice of Seeking Possession invalidate it…or not? Steven Eccles reports on the lessons for housing associations and local authorities from an important recent ruling.’

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Local Government Lawyer, 13th March 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal clarifies UK Construction Act treatment of hybrid contracts – OUT-LAW.com

Posted March 10th, 2020 in building law, contracts, news, notification by tracey

‘The Court of Appeal in London has ruled that UK construction law does not require hybrid contracts to include distinct notifications with separate break downs for construction operations and non-construction operations.’

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OUT-LAW.com, 9th March 2020

Source: www.pinsentmasons.com

Is a Section 8 notice on rent arrears a demand for rent? – Nearly Legal

‘I have kindly been sent a couple of county court Circuit Judge decisions on the issue of whether section 8 notices (where the ground is rent arrears) have to comply with the requirements of section 47 Landlord and Tenant Act 1987 by the inclusion of the landlord’s name and address. They reach contradictory conclusions, leaving open an issue to be resolved by a higher court, and a further issue for first instance courts.’

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Nearly Legal, 8th March 2020

Source: nearlylegal.co.uk

Doctor/patient confidentiality in genetic disease case – UK Human Rights Blog

Posted March 5th, 2020 in confidentiality, doctors, duty of care, hospitals, news, notification, third parties by tracey

‘ABC v St George’s Healthcare Trust and others [2020] EWHC 455 (QB). The High Court has ruled that the health authorities owed a duty of care to the daughter of their patient who suffered from the hereditary neurodegenerative order Huntington’s Chorea, to inform her about his condition. But in the circumstances, Yip J concluded that the duty was not breached and that causation had not been established.’

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UK Human Rights Blog, 29th February 2020

Source: ukhumanrightsblog.com

The traps in the Divorce etc Bill that could cause as much harm as finding fault – Family Law

Posted March 5th, 2020 in bills, divorce, news, notification, time limits by tracey

‘Traditional marriage etiquette recommends sending out wedding invitations 6-8 weeks before the big day. Under the proposed new divorce reform, a spouse might have the same amount of notice of the ending of their marriage.’

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Family Law, 5th March 2020

Source: www.familylaw.co.uk

Certainty of delivery of notices – Upper Tribunal on the burden of proof – Nearly Legal

‘A quick note on a Upper Tribunal (LC) appeal concerning whether services charge demands had been delivered. At first instance, the FTT had reached a decision about the reasonableness of the service charge demands, but in respect of the respondent, it held that the charges were not payable by the respondent because she had not received the demands.’

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Nearly Legal, 22nd February 2020

Source: nearlylegal.co.uk

You know what I mean – Errors in section 8 notices – Nearly Legal

Posted February 24th, 2020 in appeals, housing, landlord & tenant, news, notification, rent, repossession by sally

‘Does an error in a section 8 notice – in this case specifically as to the earliest date on which possession proceedings can begin – invalidate the notice?’

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Nearly Legal, 22nd February 2020

Source: nearlylegal.co.uk

No-fault evictions: ‘Our lives are falling apart’ – BBC News

Posted February 20th, 2020 in housing, landlord & tenant, news, notification, repossession by sally

‘Section 21 of the 1988 Housing Act allows landlords to evict tenants without a reason once their contract comes to an end, or give them notice of the “intention to evict” two months before it ends. They are often used by landlords who want to sell their properties.’

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BBC News, 20th February 2020

Source: www.bbc.co.uk

Restraining Presentation or Advertisement of a Creditor’s Winding Up Petition – 33 Bedford Row

Posted February 20th, 2020 in abuse of process, chambers articles, injunctions, news, notification, winding up by sally

‘Widespread knowledge that a company is subject to a creditor’s winding up petition can cause that company serious harm. Where the creditor’s winding up petition is warranted, this harm may just be an unfortunate consequence of a valid legal process being pursued against it. However, where the creditor’s winding up petition is unwarranted, and is eventually dismissed because it is unwarranted, its dismissal will be ‘cold comfort’ to the company where, in the intervening period between presentation and dismissal, the company has suffered irreparable reputational and operational damage.’

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33 Bedford Row, 4th February 2020

Source: www.33bedfordrow.co.uk

Re A, B & C (Adoption : Notification of Fathers and Relatives) Judgment Handed down 29th January 2020 – Parklane Plowden Chambers

Posted February 6th, 2020 in adoption, chambers articles, human rights, news, notification, paternity by sally

‘Guidance from the Court of Appeal on how to decide whether or not to notify a putative father or a relative of the existence of the child or legal proceedings?’

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Parklane Plowden Chambers, 29th January 2020

Source: www.parklaneplowden.co.uk

Court of Appeal sets out principles for deciding whether father or relative should be informed of existence of child who might be adopted – Local Government Lawyer

Posted January 30th, 2020 in adoption, local government, news, notification, paternity by tracey

‘The Court of Appeal has set out the principles governing decisions – whether by local authorities as adoption agencies or by the court – as to whether a putative father or a relative should be informed of the existence of a child who might be adopted.’

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Local Government Lawyer, 29th January 2020

Source: www.localgovernmentlawyer.co.uk

Extinction Rebellion activists cleared after arresting officer books holiday during trial – Daily Telegraph

‘A group of Extinction Rebellion (XR) protestors who brought City of London Airport to a standstill were given £280 to cover travel costs to court, after their case collapsed because a key police witness is on holiday.’

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Daily Telegraph, 28th January 2020

Source: www.telegraph.co.uk

How do you balance the prejudice between parties when one party could be left with an undefendable claim? – Parklane Plowden

‘HHJ Freedman, the Designated Civil Judge in Newcastle, had to grapple with this in the case of Mitchell v Precis 548 Ltd [2019] EWHC 3314 (QB). HHJ Freedman had to decide whether to accede to the request of a First Defendant in the proceedings as to whether to vacate a trial 2 days before it was due to start.’

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Parklane Plowden, 24th January 2020

Source: www.parklaneplowden.co.uk

The right to manage – when procedural slips are non-fatal (Lexham House RTM Company Ltd v European Investments & Development (Properties) Ltd) – Falcon Chambers

Posted January 16th, 2020 in landlord & tenant, leases, news, notification by sally

‘The case demonstrates that a right-to-manage (RTM) company’s failure to serve a claim notice on a landlord of part of the premises will not amount to non-compliance with CLRA 2002, s 79(6) capable of invalidating the notice where, for all practical purposes, that landlord will not be affected by the RTM company’s assumption of the right to manage.’

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Falcon Chambers, 7th January 2020

Source: www.falcon-chambers.com

Tenancy deposit – unserved prescribed information – Nearly Legal

Posted January 13th, 2020 in deposits, housing, landlord & tenant, news, notification by tracey

‘Liaw v Sohal. Central London County Court, 10 January 2019. (unreported elsewhere, we’ve seen the approved judgment). A county court first instance deposit claim decision, but with elements of interest and broader relevance (as well as some lessons to landlords as to how not to conduct a case.).

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Nearly Legal, 11th January 2020

Source: nearlylegal.co.uk

Out-of-hours Administration Appointments: The SAGA continues – Guildhall Chambers

Posted December 10th, 2019 in administrators, insolvency, news, notification, service by sally

‘It is now more than 17 years since the Enterprise Act 2002 was enacted with the laudable aim of streamlining the administration procedure, resulting in the introduction of the out-of-court administration regime set out in Schedule B1 to the Insolvency Act 1986 (“the Act”).’

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Guildhall Chambers, 2nd December 2019

Source: www.guildhallchambers.co.uk

Deadline for UK drone registration approaches – BBC News

Posted December 2nd, 2019 in aircraft, fines, news, notification, time limits by sally

‘UK drone pilots must register their details with the Civil Aviation Authority (CAA) by the end of 29 November or face a fine of £1,000.’

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BBC News, 29th November 2019

Source: www.bbc.co.uk