notification – Page 5 – Current Awareness

How do you balance the prejudice between parties when one party could be left with an undefendable claim? – Parklane Plowden

Posted January 29th, 2020 in bereavement, cancer, case management, damages, delay, expert witnesses, families, industrial injuries, news, notification, solicitors, trials by sally

‘HHJ Freedman, the Designated Civil Judge in Newcastle, had to grapple with this in the case of Mitchell v Precis 548 Ltd [2019] EWHC 3314 (QB). HHJ Freedman had to decide whether to accede to the request of a First Defendant in the proceedings as to whether to vacate a trial 2 days before it was due to start.’

Parklane Plowden, 24th January 2020

Source: www.parklaneplowden.co.uk

The right to manage – when procedural slips are non-fatal (Lexham House RTM Company Ltd v European Investments & Development (Properties) Ltd) – Falcon Chambers

Posted January 16th, 2020 in landlord & tenant, leases, news, notification by sally

‘The case demonstrates that a right-to-manage (RTM) company’s failure to serve a claim notice on a landlord of part of the premises will not amount to non-compliance with CLRA 2002, s 79(6) capable of invalidating the notice where, for all practical purposes, that landlord will not be affected by the RTM company’s assumption of the right to manage.’

Falcon Chambers, 7th January 2020

Source: www.falcon-chambers.com

Tenancy deposit – unserved prescribed information – Nearly Legal

Posted January 13th, 2020 in deposits, housing, landlord & tenant, news, notification by tracey

‘Liaw v Sohal. Central London County Court, 10 January 2019. (unreported elsewhere, we’ve seen the approved judgment). A county court first instance deposit claim decision, but with elements of interest and broader relevance (as well as some lessons to landlords as to how not to conduct a case.).

Nearly Legal, 11th January 2020

Source: nearlylegal.co.uk

Out-of-hours Administration Appointments: The SAGA continues – Guildhall Chambers

Posted December 10th, 2019 in administrators, insolvency, news, notification, service by sally

‘It is now more than 17 years since the Enterprise Act 2002 was enacted with the laudable aim of streamlining the administration procedure, resulting in the introduction of the out-of-court administration regime set out in Schedule B1 to the Insolvency Act 1986 (“the Act”).’

Guildhall Chambers, 2nd December 2019

Source: www.guildhallchambers.co.uk

Deadline for UK drone registration approaches – BBC News

Posted December 2nd, 2019 in aircraft, fines, news, notification, time limits by sally

‘UK drone pilots must register their details with the Civil Aviation Authority (CAA) by the end of 29 November or face a fine of £1,000.’

BBC News, 29th November 2019

Source: www.bbc.co.uk

Contract administration and notice provisions: mere procedure or condition precedent – Practical Law: Construction Blog

Posted November 29th, 2019 in charterparties, construction industry, contracts, financial dispute resolution, news, notification, time limits by tracey

‘Recent decisions considering time bars and notification provisions have generated considerable commentary and discussion over the last few months. One of these is Boskalis Offshore Marine Contractive BV v Atlantic Marine and Aviation LLP (the “Atlantic Tonjer”) which concerned notification provisions in a payment clause and the timely challenge of disputed invoices before they were due for payment.’

Practical Law: Construction Blog, 26th November 2019

Source: constructionblog.practicallaw.com

Gliding Club’s successful challenge to approval of a residential barn conversion under the GPDO may have potentially significant implications under the Human Rights Act – Landmark Chambers

Posted November 20th, 2019 in limitations, local government, news, notification, planning, reasons by sally

‘In a judgment handed down yesterday by Mr Justice Swift, Coventry Gliding Club were successful in their judicial review challenge to Harborough District Council’s grant of prior approval for a residential barn conversion next to their airfield. The change of use of the barn to a dwelling is permitted development under Class Q of Part 3 of Schedule 2 to the General Permitted Development Order but this is subject to an application for prior approval under paragraph W of that Schedule.’

Landmark Chambers, 14th November 2019

Source: www.landmarkchambers.co.uk

Gliding club win legal challenge over prior approval for barn conversion – Local Government Lawyer

Posted November 19th, 2019 in limitations, local government, news, notification, planning, reasons by sally

‘A long-established gliding club has won a Planning Court challenge over Harborough District Council’s decision to grant prior approval for a barn conversion on a site next to its airfield.’

Local Government Lawyer, 18th November 2019

Source: www.localgovernmentlawyer.co.uk

Account ForfeitureOrder Notices – The Administrative Method – Drystone Chambers

Posted November 7th, 2019 in accounts, forfeiture, investigatory powers, news, notification, police, proceeds of crime, time limits by sally

‘The idea behind Account Forfeiture Order Notices is that it makes it easier for law enforcement to forfeit recoverable property, or property that is to be used in unlawful conduct, without going to court. The powers should only be used where there is no likelihood that the forfeiture will be objected to. Although these seem simple provisions there are a lot of possible issues, such as the length of notice, who and how it is served, if it is reasonable to serve one in the first place, and if forfeiture occurs, if it can be set aside by an aggrieved party at a later date.’

Drystone Chambers, October 2019

Source: drystone.com

The impact of foreign insolvency proceedings on English law bank guarantees: ascertaining foreign law, the scope of the European Insolvency Regulation and the effect of pending actions – 4 New Square

Posted October 29th, 2019 in EC law, enforcement, guarantees, insolvency, Ireland, news, notification, service by sally

‘Shail Patel acted for the successful defendants at trial in Bank of Baroda v Maniar [2019] EWHC 2463 Comm, in resisting claims by the bank on personal guarantees. The case raised a number of important points of European cross border insolvency law under the European Insolvency Regulation, and the English Court’s exercise of a foreign law judicial power.’

4 New Square, 28th October 2019

Source: www.4newsquare.com

Imprisoned former LiP fails Denton test over appeal four months late – Law Society’s Gazette

Posted October 22nd, 2019 in appeals, delay, freezing injunctions, injunctions, litigants in person, news, notification, time limits by tracey

‘Lawyers have become used to running the gauntlet of the Denton test for relief from sanctions – but now the yardstick for out-of-time applications has resulted in a litigant staying behind bars.’

Law Society's Gazette, 22nd October 2019

Source: www.lawgazette.co.uk

Applications to the Court of Protection: The Notification Process – Family Law

Posted October 11th, 2019 in Court of Protection, deputyship, news, notification, time limits by tracey

‘The Court of Protection is unable to make a Deputyship order unless the appropriate notification process has been followed by the applicant.’

Family Law, 10th October 2019

Source: www.familylaw.co.uk

High Court rules delving into women’s pension pots is not discriminatory – UK Human Rights Blog

Posted October 9th, 2019 in age discrimination, equality, news, notification, pensions, sex discrimination, women by sally

‘In a judgment handed down on 3rd October, the High Court has ruled that successive statutes between 1995 and 2014, which legislated to equalise the state pension age between men and women were not discriminatory. The High Court also determined that it was not a matter for the courts to conclude whether the steps taken to inform those affected by the changes in the state pension age for women were inadequate or unreasonable.’

UK Human Rights Blog, 9th October 2019

Source: ukhumanrightsblog.com

SIF rule could be “catastrophic” for retired solicitors – Legal Futures

Posted September 20th, 2019 in indemnities, news, notification, retirement, solicitors by sally

‘Refusal by the Solicitors Indemnity Fund (SIF) to accept notifications of potential claims could be “catastrophic” for retired solicitors, a specialist in professional regulation and insurance has warned.’

Legal Futures, 20th September 2019

Source: www.legalfutures.co.uk

British Airways issued with notice of intention to fine £183m for passenger data breach. – 4 KBW

Posted August 1st, 2019 in airlines, data protection, fines, news, notification by sally

‘British Airways (‘BA’) are facing a historic fine of £183m following a major data breach reported by the Information Commissioner’s Office (‘ICO’) on 6th September 2018 in which hackers successfully stole customers’ personal data consisting of passenger login details, card details, addresses and travel booking information. The ICO had previously reported that the personal data of around 500,000 passengers was stolen from BA’s website and the mobile app in a different data breach which purportedly started in June 2018.’

4 KBW, 11th July 2019

Source: www.4kbw.net

Minister urged to intervene over Feltham youth jail violence – The Guardian

Posted July 24th, 2019 in government departments, health & safety, news, notification, ombudsmen, prisons, standards, statistics, time limits, violence, young offenders by sally

‘Urgent intervention is needed at Feltham young offender institution, the chief inspector of prisons has warned, after a review uncovered rocketing levels of violence and self-harm.’

The Guardian, 24th July 2019

Source: www.theguardian.com

BSB reduces publication periods for misbehaving barristers – Legal Futures

Posted July 23rd, 2019 in barristers, disciplinary procedures, internet, news, notification, time limits by sally

‘The Bar Standards Board (BSB) is to cut the length of time that sanctions imposed on misbehaving barristers appear on its website, on the Bar Register and when it responds to requests for information.’

Legal Futures, 23rd July 2019

Source: www.legalfutures.co.uk

High Court brings clarity over ‘contracting out’ of leases in statutory declarations – OUT-LAW.com

Posted June 24th, 2019 in contracting out, interpretation, landlord & tenant, leases, news, notification, service, solicitors by tracey

‘The English and Welsh High Court has clarified the wording to use in statutory declaration when “contracting out” of business lease legislation.’

OUT-LAW.com, 24th June 2019

Source: www.pinsentmasons.com

NHS workers including nurses and cleaners raped and groped at work, finds new report – The Independent

Posted June 20th, 2019 in complaints, employment, harassment, homosexuality, hospitals, news, notification, nurses, rape, reports, sexual offences, statistics, trade unions, transgender persons by tracey

‘NHS workers including nurses and cleaners have suffered “serious” sexual harassment in the workplace, including groping and rape, a new report has found.’

The Independent, 20th June 2019

Source: www.independent.co.uk

Online pornography checks for under-18s ‘face new delay’ – BBC News

Posted June 20th, 2019 in children, delay, EC law, internet, news, notification, pornography, privacy, young persons by tracey

‘An age-check scheme designed to stop under-18s viewing pornographic websites is expected to be delayed for a second time. The changes – which mean UK internet users may have to prove their age – were due to start on 15 July after already being delayed from April 2018. While the government has not officially confirmed the postponement, it is expected to announce on Thursday that the date will be pushed back again. The reason for the delay is not clear.’

BBC News, 20th June 2019

Source: www.bbc.co.uk

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