Regina (Prothero) v Secretary of State for the Home Department – WLR Daily

Posted September 20th, 2013 in human rights, law reports, notification, privacy, regulations, sexual offences by sally

Regina (Prothero) v Secretary of State for the Home Department [2013] EWHC 2830 (Admin); [2013] WLR (D) 350

“Regulation 12 of the Sexual Offences Act 2003 (Notification Requirements) (England and Wales) Regulations 2012 which required a person on the sex offenders register to provide details of bank, debit or credit card accounts held by him, was not incompatible with his rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 18th September 2013


“Follow the money” powers do not breach sex offenders’ privacy rights – UK Human Rights Blog

Posted September 19th, 2013 in news, notification, privacy, sexual offences by sally

“This was a challenge to regulations introduced in 2012 under the Sexual Offences Act 2003 which require a person on the Sex Offenders Register to provide details of bank, debit or credit card accounts held by him. The claimant sought a declaration that this particular regulation was incompatible with his right to respect for private life under Article 8 of the European Convention on Human Rights.”

Full story

UK Human Rights Blog, 18th September 2013


High Court ruling clouds tough line on relief from sanctions – Litigation Futures

Posted August 30th, 2013 in compensation, complaints, local government, news, notification, ombudsmen, planning by sally

“The new rule on relief from sanctions should not be applied so strictly that a refusal would be disproportionate and give the defendants an unjustified windfall, the High Court has ruled.”

Full story

Litigation Futures, 29th August 2013


Fraudsters to get police tip-off before searches under new trading laws – The Independent

Posted August 28th, 2013 in bills, consumer protection, fraud, news, notification by sally

“Criminals will profit from the ‘unintended consequences’ of new laws meant to protect consumers, the Trading Standards Institute (TSI) is warning.”

Full story

The Independent, 27th August 2013


Ending it all. Or not – NearlyLegal

Posted August 15th, 2013 in landlord & tenant, news, notification by sally

“Fareham BC v Miller [2013] EWCA Civ 159 states in no uncertain terms that the common law position is that a landlord’s notice to quit is irrevocable once served.”

Full story

NearlyLegal, 14th August 2013


Hobbs v Financial Conduct Authority (formerly Financial Services Authority) – WLR Daily

Posted August 2nd, 2013 in appeals, financial regulation, law reports, notification, trials, tribunals by sally

Hobbs v Financial Conduct Authority (formerly Financial Services Authority) [2013] EWCA Civ 918; [2013] WLR (D) 328

“A decision by the Financial Services Authority to take no further action against the addressee of a warning notice or decision notice did not become irrevocable or take effect as a discontinuance of proceedings unless it had been communicated to that individual by a notice in accordance with section 389 of the Financial Services and Markets Act 2000.”

WLR Daily, 29th July 2013


Regina (Minter) v Chief Constable of Hampshire Constabulary – WLR Daily

Regina (Minter) v Chief Constable of Hampshire Constabulary [2013] EWCA Civ 697; [2013] WLR (D) 289

“A convicted sex offender on whom an extended sentence was passed pursuant to section 85(2) of the Powers of Criminal Courts (Sentencing) Act 2000 became subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 for an indefinite period under section 82(1) of the 2003 Act, if the aggregate of the custodial term and the extension period was 30 months or more, even if the custodial term was less than 30 months.”

WLR Daily, 1st May 2013


Raju and others v Secretary of State for the Home Department – WLR Daily

Posted June 28th, 2013 in appeals, education, immigration, law reports, notification by tracey

Raju and others v Secretary of State for the Home Department: [2013] EWCA Civ 754;   [2013] WLR (D)  253

“Table 10 of Appendix A of paragraph 245FD of the Immigration Rules required that an applicant for leave to remain under the Tier 1 (Post-Study Work) provisions of the points-based system therein should have obtained the appropriate qualification before making the application in order to obtain the necessary points.”

WLR Daily, 25th June 2013


Newbold and others v Coal Authority – WLR Daily

Posted June 6th, 2013 in appeals, housing, law reports, notification by sally

Newbold and others v Coal Authority [2013] EWCA Civ 584 ; [2013] WLR (D) 216

“Where damage notices relating to subsidence said to have been caused by coal mining contained ostensibly inaccurate particulars, the effect of the failure to comply strictly with the applicable statutory requirements had to be considered by construing the statutory or contractual requirement in question and then asking whether strict or adequate compliance was required, bearing in mind that even non-compliance with a requirement might not be fatal to the notice’s validity.”

WLR Daily, 23rd May 2013


‘In the sure and certain hope of the resurrection’ – Zenith Chambers

Posted April 23rd, 2013 in appeals, housing, landlord & tenant, local government, news, notification, trespass by sally

“The concept of the tolerated trespasser came about as a result of London Borough of Brent v Burrows [1996] 1 WLR 1448. It is a concept familiar to housing lawyers, and one whose demise was little mourned. It caused much argument, litigation and confusion in housing law. The amendments introduced by the Housing and Regeneration Act 2008 were intended (by ensuring that a secure tenancy did not come to an end before execution of any possession order) to be the final nail on the coffin of the tolerated trespasser. As a concept, they would no longer exist.”

Full story (PDF)

Zenith Chambers, 23rd April 2013


Moore v British Waterways Board – WLR Daily

Posted February 21st, 2013 in appeals, canals, law reports, notification, rights of way by sally

Moore v British Waterways Board [2013] EWCA Civ 73; [2013] WLR (D) 59

“At common law a riparian owner who did not own the river bed had no right to moor vessels there permanently. However, absence of a right to moor did not necessarily mean that a vessel was moored ‘without lawful authority’ within section 8 of the British Waterways Act 1983, which empowered the British Waterways Board to remove a vessel.”

WLR Daily, 14th Febraury 2013


Insurer wrong to reject law firm’s blanket notification of possible claims, High Court rules – Legal Futures

Posted February 5th, 2013 in insurance, law firms, news, notification by tracey

“A professional indemnity (PI) insurer was wrong to reject a law firm’s blanket notification of possible claims, the High Court has decided in what is believed to be the first ruling of its kind.”

Full story

Legal Futures, 5th February 2013


Redundancy notice period to be cut from 90 to 45 days – BBC News

Posted December 18th, 2012 in employment, news, notification, redundancy by sally

“The period of notice which employers have to give before making large-scale redundancies is to be cut from 90 to 45 days.”

Full story

BBC News, 18th December 2012


Wildsmith and others v Arrowgate Ltd (Landgate (New Homes) Ltd intervening) – WLR Daily

Posted December 3rd, 2012 in appeals, landlord & tenant, law reports, leases, notification by sally

Wildsmith and others v Arrowgate Ltd (Landgate (New Homes) Ltd intervening) [2012] EWHC 3315 (Ch); [2012] WLR (D) 358

“A notice served under section 27 of the Landlord and Tenant Act 1987 had to spell out exactly what the applicants were complaining about and why they contended it was an appropriate case for the making of an acquisition order under section 29 of the Act.”

WLR Daily, 22nd November 2012


Regina (Irfan) v Secretary of State for the Home Department – WLR Daily

Regina (Irfan) v Secretary of State for the Home Department [2012] EWCA Civ 1471; [2012] WLR (D) 328

“There was nothing disproportionate about a notification requirement of ten years’ duration from the date of release from imprisonment on licence even in the absence of a right of review.”

WLR Daily, 14th November 2012


‘Fagin-style sex offender’ is jailed again – The Independent

Posted September 17th, 2012 in news, notification, recidivists, sentencing, sexual offences by sally

“A Satanist branded a ‘Fagin-style sex offender’ is back behind bars after local residents mounted a campaign to keep local children safe.”

Full story

The Independent, 17th September 2012


Privacy protection: have the courts been led astray? – The Guardian

Posted September 6th, 2012 in freedom of expression, injunctions, news, notification, privacy, public interest by sally

“Self-interested tabloids enjoy reporting on the existence of an injunction. We have seen what this unfettered power can lead to.”

Full story

The Guardian, 6th September 2012


Cartwright and another v Registrar of Companies – WLR Daily

Posted August 30th, 2012 in administration orders, appeals, conversion, insolvency, law reports, notification by tracey

Cartwright and another v Registrar of Companies: [2012] EWCA Civ 1159;   [2012] WLR (D)  255

“The date on which the administration of a company was converted into a creditors’ voluntary liquidation was the date on which the registrar of companies registered the conversion notice on the company’s file at Companies House, not the date the registrar received the notice sent by the administrators, on the true construction of paragraph 83 of Schedule B1 to the Insolvency Act 1986 as inserted. The administrators’ term of office was in general automatically extended if a conversion notice under paragraph 83 was duly filed.”

WLR Daily, 24th August 2012


Registered sex offenders face tougher checks – Home Office

Posted August 16th, 2012 in criminal records, news, notification, sexual offences by sally

All registered sex offenders will face much tougher checks from today (13 August). The new measures will tighten areas of the current law that could be open to exploitation by offenders who seek to cause harm.

Full story

Home Office, 13th August 2012


Set in Stone? – Zenith Chambers

Posted July 10th, 2012 in appeals, housing, landlord & tenant, news, notification, repossession by sally

“Conditional review decisions in introductory tenancy cases following Camden v Stafford.”

Full story (PDF)

Zenith Chambers, 5th July 2012