Wales: The Good, the Bad and the Converted – part 1 – Nearly Legal

Posted June 26th, 2023 in housing, landlord & tenant, news, notification, Wales by tracey

‘Followers of the updates under Renting Homes (Wales) Act 2016 (“the Act”) will be well aware of many of the changes implemented in the Welsh housing law “big bang” on the 1st December 2022 (“the appointed day”), most recently written about on Nearly Legal here. My primary focus in this post focuses particularly on those developments affecting “converted contracts” – those contracts which had moved over from one of the previous tenancy regimes on the appointed day.’

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Nearly Legal, 23rd June 2023

Source: nearlylegal.co.uk

Ex-One Legal staff given pay award over redundancy without notice – Legal Futures

‘Sixty-four former employees of One Legal – the alternative business structure that owned two criminal law firms – have been granted full protective awards because they were made redundant without notice.’

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Legal Futures, 21st June 2023

Source: www.legalfutures.co.uk

No such thing as a s114 notice – Local Government Lawyer

Posted June 16th, 2023 in budgets, local government, news, notification by tracey

‘Reports of “s144 notices” being issued at local authorities are becoming increasingly common. But what are they and what should the monitoring officer do if a s114 report is being made at their authority? Paul Turner explains.’

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Local Government Lawyer, 16th June 2023

Source: www.localgovernmentlawyer.co.uk

Parking fine invalid over refusal to issue Welsh-language version – The Independent

Posted June 12th, 2023 in fines, news, notification, parking, Wales by tracey

‘A parking firm has lost a court case against a woman it tried to fine after only sending her a letter in English.’

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The Independent, 12th June 2023

Source: www.independent.co.uk

No continuing loss from law firm’s breach of contract, tribunal rules – Legal Futures

‘A trainee solicitor who never took up his job after the terms of employment were changed four days before he began work has failed in his bid for damages greater than his contractual notice period.’

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Legal Futures, 23rd May 2023

Source: www.legalfutures.co.uk

Local authority serving notices – requirements – Nearly Legal

‘Birmingham City Council v Bravington (2023) EWCA Civ 308. A quick one – A possession claim under s.84A Housing Act 1985 requires service of a notice under section 83ZA. In this case.’

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Nearly Legal, 23rd April 2023

Source: nearlylegal.co.uk

Court of Appeal quashes council direction requiring travellers to leave site – Local Government Lawyer

Posted April 21st, 2023 in appeals, judicial review, local government, news, notification, travellers by tracey

‘Thanet District Council failed to give notice to a Pavee Traveller and her family that it had withdrawn consent for them to stay on land at Ramsgate Port in Kent, before issuing a direction demanding they leave, the Court of Appeal has ruled.’

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Local Government Lawyer, 21st April 2023

Source: www.localgovernmentlawyer.co.uk

Landlords to get power to evict antisocial tenants with two weeks’ notice – The Guardian

Posted March 28th, 2023 in landlord & tenant, news, notification, repossession by sally

‘Landlords are to be given new powers to evict problematic tenants with two weeks’ notice under government proposals to address antisocial behaviour.’

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The Guardian, 27th March 2023

Source: www.theguardian.com

Building safety registration deadline of 1 October 2023 set – OUT-LAW.com

Posted March 21st, 2023 in building law, health & safety, news, notification by tracey

‘Building owners or leaseholders with responsibility for repair and maintenance of the building’s structure and external walls will be liable for a criminal offence if they fail to register occupied “higher-risk buildings” in England between 6 April and 1 October 2023.’

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OUT-LAW.com, 20th March 2023

Source: www.pinsentmasons.com

Upper Tribunal issues ruling on acquisition of land subject to compulsory purchase where ownership unknown – Local Government Lawyer

‘Stockport Metropolitan Borough Council has secured an order from the Upper Tribunal (Lands Chamber) that it need not serve a notice to treat when engaged in the compulsory purchase of land from an unknown person, despite the Court Funds Office maintaining that it was.’

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Local Government Lawyer, 8th March 2023

Source: www.localgovernmentlawyer.co.uk

Judge rules birth father should have been notified of existence of child but accepts he cannot force mother to reveal his identity – Local Government Lawyer

Posted February 23rd, 2023 in adoption, birth, children, identification, news, notification, paternity by sally

‘A Family Court judge has said he cannot compel a mother to disclose the identity of a toddler’s birth father, even though he should have been told of the child’s existence before adoption proceedings are completed.’

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Local Government Lawyer, 23rd February 2023

Source: www.localgovernmentlawyer.co.uk

The CIL appeal in Braithwaite – Local Government Lawyer

Posted January 20th, 2023 in appeals, housing, local government, news, notification, planning by tracey

‘Christopher Cant sets out the lessons to be learned from an important Court of Appeal ruling on the effect of a “revised liability notice” for Community Infrastructure Levy upon an earlier liability notice relating to a housing and office development for which planning permission had been granted.’

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Local Government Lawyer, 20th January 2023

Source: www.localgovernmentlawyer.co.uk

Registration and management of sex offenders – House of Commons Library

‘Part 2 of the Sexual Offences Act 2003 provides various measures that enable the police in England and Wales to monitor and manage sex offenders living in the local area.’

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House of Commons Library, 11th January 2023

Source: commonslibrary.parliament.uk

Business Rates and Demand Notices – Where to Serve – 33 Bedford Row

Posted January 10th, 2023 in chambers articles, local government, news, notification, rates by sally

‘Where a local authority (the “Billing Authority”) has reasonable grounds for believing that a person (individual or company) is liable for national non-domestic rates (“business rates”) in respect to a premises (a “hereditament”), the Billing Authority is likely to serve a demand notice upon that person (the “alleged ratepayer”; or “demandee”) in respect to a liability period. The service of the demand notice being the first stage in seeking payment from the ratepayer.’

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33 Bedford Row, 19th December 2022

Source: www.33bedfordrow.co.uk

Chambers “do not know money laundering status of barristers” – Legal Futures

Posted November 1st, 2022 in barristers, money laundering, news, notification, regulations by sally

‘A significant number of chambers do not know whether their barristers have declared that they are subject to the money laundering regulations (MLRs), the Bar Standards Board (BSB) has warned.’

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Legal Futures, 1 November 2022

Source: www.legalfutures.co.uk

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.’

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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.’

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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?’

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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.’

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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.’

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Local Government Lawyer, 19th August 2022

Source: www.localgovernmentlawyer.co.uk