Category: notification

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

Posted July 22nd, 2013 in appeals, human rights, interpretation, law reports, notification, proportionality, sentencing, sexual offences by sally

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

Source: www.iclr.co.uk

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

Source: www.iclr.co.uk

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

Source: www.iclr.co.uk

‘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

Source: www.zenithchambers.co.uk

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

Source: www.iclr.co.uk

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

Source: www.legalfutures.co.uk

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

Source: www.bbc.co.uk

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

Source: www.iclr.co.uk

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

Posted November 21st, 2012 in human rights, law reports, news, notification, proportionality, release on licence, sentencing, terrorism by sally

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

Source: www.iclr.co.uk

‘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

Source: www.independent.co.uk

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

Source: www.guardian.co.uk

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

Source: www.iclr.co.uk

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

Source: www.homeoffice.gov.uk

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

Source: www.zenithchambers.co.uk

Camden London Borough Council v Stafford – WLR Daily

Posted June 26th, 2012 in appeals, housing, law reports, local government, notification, repossession by sally

Camden London Borough Council v Stafford [2012] EWCA Civ 839; [2012] WLR (D) 184

“A notice under section 128 of the Housing Act 1996 seeking an order for possession of a dwelling let under an introductory tenancy could not be conditional. Similarly a review of that decision under section 129 could not introduce conditions. Thus a review notice purporting to confirm the original decision to seek possession but not pursuing possession because alternatives were put in place did not confirm the original decision. If the landlord subsequently sought possession a fresh notice under section 128 would have to be served.”

WLR Daily, 20th June 2012

Source: www.iclr.co.uk

Banks must “prominently display” what compensation arrangements apply to deposits from August – OUT-LAW.com

Posted May 29th, 2012 in banking, compensation, financial regulation, news, notification by tracey

“All banks, building societies and credit unions will have to ‘prominently display’ notices explaining what compensation arrangements apply to customer deposits, banking regulator the Financial Services Authority (FSA) has announced.”

Full story

OUT-LAW.com, 29th May 2012

Source: www.out-law.com

Regina (T) v Commissioner of Police of the Metropolis; Regina (R) Same – WLR Daily

Posted May 1st, 2012 in data protection, evidence, harassment, human rights, law reports, notification, police by sally

Regina (T) v Commissioner of Police of the Metropolis; Regina (R) Same [2012] EWHC 1115 (Admin); [2012] WLR (D) 126

“The decision of the Commissioner of the Police of the Metropolis to issue and serve warning notices to those who had been accused of harassment or stalking by means of a Prevention of Harassment Letter or a Police Information Notice, and the retention of the documents or the underlying allegations in police records thereafter, could not give rise to any infringement of the subject’s rights under article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms or under the terms of the Data Protection Act 1998 and the associated principles.”

WLR Daily, 27th April 2012

Source: www.iclr.co.uk

Q (Somalia) v Secretary of State for the Home Department – WLR Daily

Posted May 27th, 2011 in asylum, law reports, notification by sally

Q (Somalia) v Secretary of State for the Home Department [2011] WLR (D) 176

“It was not the case that section 72(9)(b) of the Nationality, Immigration and Asylum Act 2002 only applied if the Secretary of State had notified the applicant that he had issued a certificate under the section.”

WLR Daily, 23rd May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Twitter will notify users accused of gagging order breaches – The Guardian

Posted May 26th, 2011 in injunctions, internet, news, notification by sally

“Twitter will notify its users before handing their personal information to UK authorities seeking to prosecute them over alleged breaches of privacy injunctions, a senior executive at the company said on Thursday.”

Full story

The Guardian, 25th May 2011

Source: www.guardian.co.uk

Media lawyers in the driving seat as Mosley crashes and burns in ECHR – The Lawyer

Posted May 17th, 2011 in freedom of expression, human rights, media, news, notification, privacy, public interest by sally

“The European Court of Human Rights (ECHR) won favour with newspaper media lawyers last week after it rejected a bid by ­former International ­Automobile Federation (FIA) president Max Mosley to force newspapers to warn people beforehand if they are going to publish details of their private lives.”

Full story

The Lawyer, 16th May 2011

Source: www.thelawyer.com