Eviction companies, conducting litigation, and defective notices – Nearly Legal

Posted August 28th, 2018 in civil procedure rules, housing, landlord & tenant, news, notification by sally

‘Ms Kassam was the assured shorthold tenant of the Gills. It appears that rent arrears accrued. After serving a section 21 notice which turned out to be defective, the Gills sought the services of a set up called “Remove a Tenant” (RaT), a trading name of Fentham Group Limited. RaT served a section 8 notice seeking possession on grounds 8, 10 and 11, as ‘agents’ for the Gills.’

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Nearly Legal, 26th August 2018

Source: nearlylegal.co.uk

Section 21- Notices and the Possession Procedure – Hardwicke Chambers

Posted August 9th, 2018 in landlord & tenant, news, notification, reasons, repossession by sally

‘What is a section 21 (“s21”) notice?

It is a method of ending an assured shorthold tenancy by giving two months’ notice. The advantage of a s21 notice over other types of notice is that a Landlord does not have to give a reason for requiring possession.’

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Hardwicke Chambers, 16th July 2018

Source: www.hardwicke.co.uk

Network and information security laws take effect – OUT-LAW.com

‘New cybersecurity laws impacting organisations across central sectors of the economy have taken effect around Europe.’

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OUT-LAW.com, 10th May 2018

Source: www.out-law.com

Accountants and lawyers ‘must report’ aggressive tax avoidance schemes – The Guardian

Posted March 14th, 2018 in accountants, banking, legal profession, news, notification, penalties, tax avoidance by sally

‘Accountants, bankers and lawyers will face penalties if they fail to report aggressive tax avoidance schemes that help companies or individuals move money to offshore havens, under a new European Union law.’

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The Guardian, 13th March 2018

Source: www.theguardian.com

Does Grove v S&T herald the dawn of a new regime for payment notice disputes? – Practical Law: Construction Blog

Posted March 8th, 2018 in arbitration, construction industry, contracts, news, notification, remuneration by tracey

‘Unless you have been hiding under a rock (or have been on holiday somewhere), you can’t have failed to notice that Coulson J has handed down his last substantive TCC judgment. So much has already been written about Grove v S&T and what it means for the construction industry that there’s barely been room for anything else on my Twitter and LinkedIn feeds. There really is nowhere to hide from all the commentary.’

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Practical Law: Construction Blog, 6th March 2018

Source: constructionblog.practicallaw.com

Solicitor loses appeal against order to give evidence on Russian client’s assets and not tip him off about it – Legal Futures

Posted March 1st, 2018 in appeals, confidentiality, evidence, news, notification, privilege, solicitors by sally

‘A solicitor compelled to give evidence about a billionaire Russian client’s assets, and forbidden from revealing his court appearance to the client, has lost his appeal against those orders.’

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Legal Futures, 28th February 2018

Source: www.legalfutures.co.uk

Court of Appeal dismisses challenges to accelerated payment notices – OUT-LAW.com

Posted December 18th, 2017 in appeals, HM Revenue & Customs, news, notification, taxation by sally

‘The Court of Appeal has dismissed two challenges to the issue by the UK’s HM Revenue & Customs (HMRC) of notices requiring the payment of disputed tax upfront. The Court dismissed the taxpayers’ appeals against two High Court decisions rejecting judicial review challenges to the issue of accelerated payment notices (APNs) and partner payment notices (PPNs).’

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OUT-LAW.com, 15th December 2017

Source: www.out-law.com

Arbitration notices: are you being served? – Hardwicke Chambers

Posted December 8th, 2017 in arbitration, electronic mail, news, notification, service by sally

‘In the majority of, if not all cases, a notice of arbitration will be preceded by negotiation or correspondence between employees or agents of the parties. The trap for the unwary, as illustrated by the recent decisions in Sino Channel Asia Limited v Dana Shipping and Trading Pte and Glencore Agriculture BV v Conqueror Holdings Ltd, is that serving the notice of arbitration on the person whom the serving party has previously dealt with may not be effective service at all.’

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Hardwicke Chambers, 1st December 2017

Source: www.hardwicke.co.uk

Prison inspectors given powers to alert minister to urgent problems – The Guardian

Posted November 30th, 2017 in ministers' powers and duties, news, notification, prisons, reports by tracey

‘The justice secretary, David Lidington, has unveiled a series of measures that the government hopes will urgently tackle failing prisons in England and Wales. From Thursday, the chief inspector of prisons has been given new powers to alert the justice secretary directly of any urgent and severe problems he finds during a jail inspection.’

Full press release

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The Guardian, 30th November 2017

Source: www.theguardian.com

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