Once more unto the breach – Nearly Legal

Posted October 31st, 2022 in appeals, covenants, housing, landlord & tenant, leases, news, notification by tracey

‘Dorrington Residential Ltd v 56 Clifton Gardens Ltd (LANDLORD AND TENANT – BREACH OF COVENANT – tenant’s covenant to permit landlord to enter and inspect a residential flat) (2022) UKUT 266 (LC). An appeal to the Upper Tribunal of an FTT decision that the leaseholders were in breach of lease by failing to provide access to the freeholder’s agents.’

Full Story

Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

Opposition against a UK trade mark application – OUT-LAW.com

Posted September 15th, 2022 in news, notification, trade marks by tracey

‘Once a trade mark application has successfully passed the examination of the UK Intellectual Property Office (UK IPO), it is published in the Trade Marks Journal. The application is then open for others to oppose its registration. This brief summary explains the procedures for opposing trade mark applications in the UK and for defending an opposition. The proceedings are the same for national UK filings as well as for international registrations designated to the UK.’

Full Story

OUT-LAW.com, 14th September 2022

Source: www.pinsentmasons.com

Does the “No notice, no Act” party wall decision leave us in a no win situation? – Practical Law: Construction Blog

Posted September 15th, 2022 in news, notification, party walls, service by tracey

‘For many property practitioners, whose work comes within the orbit of the Party Wall etc. Act 1996 (PWA 1996), the High Court’s decision in Power and another v Shah earlier this year only confirmed what they already believed: if a building owner has not served a party wall notice before embarking on their works, an adjoining owner cannot invoke the dispute resolution process under section 10 of the PWA 1996 to seek redress and compensation.
But what does that mean in practical terms for the adjoining owner, and is either party better off as a result?’

Full Story

Practical Law: Construction Blog, 14th September 2022

Source: constructionblog.practicallaw.com

First Tier Tribunal (Tax Chamber) – Payment of Tax or Hardship Application not Required to Lodge Notice of Appeal – 23 Essex Street

Posted September 1st, 2022 in appeals, chambers articles, news, notification, repayment, taxation, VAT by sally

‘On 19 May 2017 HMRC decided that SNMP was not entitled to repayments of input tax claimed in respect of ten accounting periods and issued assessments for £312,377. That decision was later confirmed following a statutory review under sections 83A-G Value Added Tax Act 1994 (“VATA”). The solicitors for SNMP submitted a notice of appeal on 18 August 2017 but an application for hardship was not made nor had the amount in dispute been paid. As a consequence the FTT returned the appeal. The solicitors for SNMP re-submitted the appeal on 31 August 2017 but the disputed tax had still not been paid and neither had a hardship application been made. On the same date the FTT returned the appeal for the same reason as before by e-mail. Unfortunately the FTT used the wrong e-mail address for the solicitor and it was never received.’

Full Story

23 Essex Street, 25th August 2022

Source: www.23es.com

The role of CIL liability notices and demand notices – Local Government Lawyer

Posted August 19th, 2022 in local government, news, notification, planning by tracey

‘Christopher Cant reviews the role played by liability and demand notices in the operation of the Community Infrastructure Levy (CIL) regime and analyses two recent court rulings.’

Full Story

Local Government Lawyer, 19th August 2022

Source: www.localgovernmentlawyer.co.uk

NEC and notices of dissatisfaction – Practical Law: Construction Blog

Posted August 15th, 2022 in construction industry, contracts, dispute resolution, news, notification by tracey

‘Getting the notice right is important for all construction contracts and NEC is no exception. Failing to issue a notice as required under the contract can have serious consequences and in NEC this is often an issue that arises in relation to the obligation to notify compensation events within an eight week period (clause 61.3 of NEC4 ECC). Another key issue arises in respect of the obligation to issue a notice of dissatisfaction within 28 days of an adjudicator’s decision, as a failure to do so will mean that such decision becomes final and binding, and cannot be challenged by referring it to the tribunal (clause W2.4(1) of NEC4 ECC). Three recent decisions have considered notices of dissatisfaction under NEC, highlighting the importance of getting it right.’

Full Story

Practical Law: Construction Blog, 10th August 2022

Source: constructionblog.practicallaw.com

Court of Appeal rejects section 3C leave argument in 10 years’ continuous lawful residence claim – EIN Blog

Posted July 26th, 2022 in appeals, immigration, news, notification by sally

‘In this appeal involving indefinite leave to remain (ILR) on the basis of 10 years’ continuous lawful residence and notices, the Court of Appeal held that Mr Marepally whose application for leave to remain had been rejected by a deficient notice, which failed to inform him of his right to appeal, could not rely on section 3C(2)(a) of the Immigration Act 1971 in order to extend his overall period of leave so that he accrued 10 years’ continuous lawful residence. Moreover, the failure to inform him of his right to appeal had caused no injustice as his appeal would have failed in any event. Mr Marepally had a complex immigration history and appealed against the decision that he was not entitled to indefinite leave to remain in the UK. He had entered the UK in February 2009 with entry clearance until 30 April 2014 as a Tier 4 student. Mr Marepally’s leave to remain as a student was curtailed in January 2014, and his application for further leave to remain was rejected. On 29 April 2014 he applied again (unsuccessfully) for leave to remain as a student. His appeal was eventually allowed on 6 May 2016 after which he varied his April 2014 application (on 25 January 2017) by applying for leave to remain as a Tier 5 worker. That application was refused on 29 March 2017, but the notice was deficient and it did not inform him of his right to appeal.’

Full Story

EIN Blog, 25th July 2022

Source: www.ein.org.uk

South Wales Police: Former PC guilty of gross misconduct – BBC News

Posted March 15th, 2022 in corruption, news, notification, police, professional conduct, Wales by tracey

‘A former police officer with links to notorious criminals has been found to have committed gross misconduct.’

Full Story

BBC News, 14th March 2022

Source: www.bbc.co.uk

Claimants secure key High Court ruling on timeframe for reviewing Education, Health and Care plans – Local Government Lawyer

Posted March 10th, 2022 in delay, local government, news, notification, special educational needs by tracey

‘The High Court has ruled in favour of three claimants in a dispute over whether there is a fixed timeframe in respect of steps in the amendment of an Education, Health and Care (EHC) plan where a local authority accepts amendment is necessary, during the compulsory statutory annual review.’

Full Story

Local Government Lawyer, 9th March 2022

Source: www.localgovernmentlawyer.co.uk

Lords criticise plans to remove UK citizenship without warning – The Guardian

Posted February 28th, 2022 in bills, citizenship, government departments, news, notification by sally

‘Plans to strip people of British citizenship without prior warning are against British values and would render people from ethnic minorities second-class citizens, senior peers have warned.’

Full Story

The Guardian, 27th February 2022

Source: www.theguardian.com

New Judgment: Public Prosecutors Office of the Athens Court of Appeal v O’Connor [2022] UKSC 4 – UKSC Blog

‘The Respondent was ordered to be extradited to Greece for the purposes of conducting a criminal prosecution against him. On that day, the Respondent’s solicitor stated orally in court that an appeal would be lodged against the extradition order, and on 16 December 2015, the notice of application for leave to appeal was filed with the Court. However, due to an oversight, the solicitor failed to serve the notice on the Crown Solicitor’s Office (on behalf of Greece) until about three weeks later.’

Full Story

UKSC Blog, 3rd February 2022

Source: ukscblog.com

Company landlords and signing notices – Nearly Legal

‘Northwood (Solihull) Ltd v Fearn & Ors (2022) EWCA Civ 40. This was a second appeal on the issue of the signing of tenancy deposit prescribed information certificates and section 8 notices by company landlords. The first appeal (our note here) had held that while signing a section 8 notice did not have to comply with the requirements of section 44 Companies Act, the signing of the prescribed information certificate did, so that it could not be signed by a sole director.’

Full Story

Nearly Legal, 26th January 2022

Source: nearlylegal.co.uk

There’s a cheque on the table – s.21 and return of deposit – Nearly Legal

Posted November 3rd, 2021 in deposits, housing, landlord & tenant, news, notification by sally

‘A County Court decision on a landlord’s application which adds to the not uncomplicated history of decisions on when a tenancy deposit counts as returned to the tenant for the purposes of s.215(2A) Housing Act 2004. (Previous cases here, here, and here). As a County Court decision, this is not binding, of course.’

Full Story

Nearly Legal, 2nd November 2021

Source: nearlylegal.co.uk

Case Comment: Tinkler v Commissioners for Her Majesty’s Revenue and Customs [2021] UKSC 39 – UKSC Blog

Posted August 26th, 2021 in accountants, agency, estoppel, news, notification, service, taxation by sally

‘In this post, Tim Sales, a partner in the Dispute Resolution team at CMS, and Hannah Jones, who works in the Tax team at CMS, comment on the decision handed down by the UK Supreme Court in the matter of Tinkler v Commissioners for Her Majesty’s Revenue and Customs [2021] UKSC 39, which concerned whether estoppel by convention applied to prevent the taxpayer disputing that HMRC had validly served a notice of enquiry.’

Full Story

UKSC Blog, 25th August 2021

Source: ukscblog.com

High Court judge says housing authority has no power or discretion to accept request for late review of s.107D(3) notice – Local Government Lawyer

Posted August 5th, 2021 in housing, landlord & tenant, leases, news, notification, time limits by sally

‘A local housing authority has no power or discretion to accept a request for a review of their proposal not to grant another tenancy on the expiry of the fixed-term of the tenant’s existing flexible tenancy, if that request is made more than 21 days after the service of a notice pursuant to s.107D(3) Housing Act 1985, a High Court judge has ruled.’

Full Story

Local Government Lawyer, 5th August 2021

Source: www.localgovernmentlawyer.co.uk

Convicted terrorist found driving London bin lorries jailed – BBC News

Posted July 30th, 2021 in imprisonment, news, notification, police, sentencing, terrorism by sally

‘A convicted terrorist found driving bin lorries in London has been jailed for failing to tell police he was driving potentially dangerous vehicles.’

Full Story

BBC News, 29th July 2021

Source: www.bbc.co.uk

Alex Davies death: Mum’s shock after killer moved to hospital – BBC News

‘The mother of a murder victim has described her “shock” at learning his killer was moved to a mental health hospital after “two hours” in jail.’

Full Story

BBC News, 5th July 2021

Source: www.bbc.co.uk

EPCs and pre 1 October 2015 tenancies – Nearly Legal

Posted June 28th, 2021 in appeals, housing, landlord & tenant, news, notification, repossession by tracey

‘Minister v Hathaway & Anor (2021) EWCA Civ 936. A Court of Appeal judgment on the applicability of the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 to tenancies that pre-date 1 October 2015.’

Full Story

Nearly Legal, 27th June 2021

Source: nearlylegal.co.uk

Judge stops draft ruling publication after parties settle dispute – Law Society’s Gazette

Posted June 22nd, 2021 in costs, indemnities, judgments, negligence, news, notification by sally

‘A judge has decided that her ruling on an issue of indemnity costs should remain unpublished after the parties settled the dispute at the last minute.’

Full Story

Law Society's Gazette, 21st June 2021

Source: www.lawgazette.co.uk

Research shows rising number of public law cases involving newborn babies, highlights short notice given to most parents – Local Government Lawyer

Posted June 8th, 2021 in birth, care orders, children, news, notification, reports, statistics by sally

‘In the majority of public law cases involving newborn babies parents are given very little formal notice that care proceedings have been issued and the case is to be heard in court, research by the Nuffield Family Justice Observatory (FJO) has shown.’

Full Story

Local Government Lawyer, 7th June 2021

Source: www.localgovernmentlawyer.co.uk