Dear Secretary of State for Housing, A plea for a coherent housing policy to improve housing delivery – No. 5 Chambers

Posted August 29th, 2019 in housing, local government, news, planning by sally

‘Robert Jenrick, the new Secretary of State for Housing, Communities and Local Government will today complete his first week in office. His initial pronouncements about increasing housing delivery appear very encouraging. Added to which, his new boss Boris Johnson, seems keen to do things differently. And well he might, as the Conservative Party’s track record on housing delivery, first as the main party in a coalition, and then on its own, has been very poor.’

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No. 5 Chambers, 6th August 2019

Source: www.no5.com

Costs in statutory/judicial reviews where the claim fails at the permission stage (Campaign to Protect Rural England—Kent Branch v SSCLG) – No. 5 Chambers

Posted August 29th, 2019 in costs, judicial review, news, planning by sally

Planning analysis: In refusing permission to apply for statutory review, the Court of Appeal held that there was no limit to the number of parties to which claimants could be liable to in costs and that the court was correct not to limit further the Aarhus cap on the basis that the claim failed at the permission stage. Nevertheless, successful defendants and/or interested parties may only recover reasonable and proportionate costs. Written by Howard Leithead, barrister at No5 Chambers.

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No. 5 Chambers, 5th August 2019

Source: www.no5.com

High Court allows cross examination of Defendant on a worldwide freezing order concerning asset disclosure – No. 5 Chambers

Posted August 29th, 2019 in cross-examination, disclosure, freezing injunctions, news by sally

‘On 27 June 2019 in the English High Court in Kazakhstan Kagazy Plc & 5 Others v Baglan Abdullayevich Zhunus & Others [2019] EWHC 1693 (Comm) 2019 WL 02746548; the High Court re-examined the principles on which a Defendant can be cross-examined on their assets where there had been a disclosure order pursuant to a worldwide freezing order (‘WFO’).’

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No. 5 Chambers, 1st August 2019

Source: www.no5.com

Insolvency proceedings, guarantees and contractual pre-conditions – Hardwicke Chambers

Posted August 29th, 2019 in contracts, guarantees, insolvency, news, statutory demands by sally

‘If you are considering commencing insolvency proceedings against another party, do ensure that they actually owe you a debt before you do so. This point is so obvious that it barely needs stating. However, Martin v McLaren Construction Ltd serves as an example of how things can go badly wrong if it is not double-checked.’

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Hardwicke Chambers, August 2019

Source: hardwicke.co.uk

Akcil & Ors v Koza Ltd & Anor [2019] UKSC 40 – Hardwick Chambers

Posted August 29th, 2019 in company law, foreign jurisdictions, jurisdiction, news, subsidiary companies, trusts by sally

‘The first respondent (“Koza Ltd”) was a private company incorporated in England in March 2014. Koza Ltd was a wholly owned subsidiary of the sixth appellant (“Koza Altin”), a publicly listed company incorporated in Turkey and part of a group of Turkish companies known as the Koza Ipek Group (“the Group”). The Group was formerly controlled by the second respondent (“Mr Ipek”).’

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Hardwicke Chambers, 22nd August 2019

Source: hardwicke.co.uk

Alison Berridge, Alexandra Littlewood and Ciar McAndrew: Freedom of Information Journal – Recent decisions of the Commissioner and Tribunal – Monckton Chambers

Posted August 29th, 2019 in closed material, emergency services, examinations, freedom of information, news, public interest by sally

‘Alison Berridge, Alexandra Littlewood and Ciar McAndrew, public law barristers at Monckton Chambers, highlight the points of interest from April-June decisions of the First-Tier and Upper Tribunals.’

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Monckton Chambers, 20th August 2019

Source: www.monckton.com

David Lascelles writes on important Court of Appeal decision on Rectification – Littleton Chambers

Posted August 29th, 2019 in contracts, mistake, news, rectification by sally

‘The Court of Appeal handed down judgment yesterday [2 August] in FSHC Group Holdings Ltd v Glas Trust Corporation Limited [2019] EWCA Civ 1361.’

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Littleton Chambers, 2nd August 2019

Source: www.littletonchambers.com

The implications of ‘bulk hacking’ – Henderson Chambers

Posted August 29th, 2019 in freedom of expression, human rights, intelligence services, investigatory powers, judicial review, news by sally

‘Corporate Crime analysis: Matthew Richardson, barrister at Henderson Chambers, examines the concept of ‘bulk hacking’ by intelligence services and some of the legal implications, in light of the latest judicial review challenge by Liberty.’

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Henderson Chambers, 9th August 2019

Source: www.hendersonchambers.co.uk

Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] UKSC 38 – Hardwicke Chambers

Posted August 29th, 2019 in appeals, asbestos, cancer, compensation, disclosure, documents, industrial injuries, news, Supreme Court, third parties by sally

‘In this case, the UKSC held that courts have an inherent jurisdiction independent of the CPR to order non-party access to court documents under the constitutional principle of open justice. This, however, is to be balanced against both any countervailing interests in refusing access, and the principle of practicality and proportionality.’

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Hardwicke Chambers, 28th August 2019

Source: hardwicke.co.uk

Non-discriminatory bullying in the workplace: does the law go far enough? – Hardwicke Chambers

Posted August 29th, 2019 in bullying, employment, harassment, news by sally

‘In workplaces bullying is more commonly purely psychological and rarely reaches levels of criminality. In such cases, non-discriminatory bullying could nonetheless find a workplace stress claim in the civil courts.’

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Hardwicke Chambers, 28th August 2019

Source: hardwicke.co.uk

Defendant who brought fraudulent ‘phantom passenger’ claim against council given suspended sentence – Local Government Lawyer

Posted August 29th, 2019 in fraud, local government, news, personal injuries, road traffic, sentencing, suspended sentences by sally

‘A defendant who brought a fraudulent claim against Cardiff Council in a “phantom passenger” road traffic accident case has been sentenced to four months in prison, suspended for 18 months, it has been reported.’

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Local Government Lawyer, 28th August 2019

Source: www.localgovernmentlawyer.co.uk

Applications for time extensions not the same as relief from sanctions – Litigation Futures

Posted August 29th, 2019 in civil procedure rules, news, sanctions, time limits by sally

‘Applications for time extensions to take a particular step in litigation are not applications for relief from sanctions provided they are made within the permitted period, the High Court has ruled.’

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Litigation Futures, 29th August 2019

Source: www.litigationfutures.com

CBA chief criticises senior judiciary over wellbeing failure – Legal Futures

Posted August 29th, 2019 in barristers, electronic mail, health, judiciary, news, working time by sally

‘The outgoing chair of the Criminal Bar Association (CBA) has criticised senior judges for failing to follow their Family Division colleagues in adopting email and sitting hours protocols to aid wellbeing.’

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Legal Futures, 29th August 2019

Source: www.legalfutures.co.uk

Moher v Moher: Non-disclosure leads to closure – Family Law week

Posted August 29th, 2019 in disclosure, divorce, financial provision, Judaism, marriage, news by sally

‘Alexandra Goldrein, a solicitor with Irwin Mitchell, considers a recent Court of Appeal judgment concerning non-disclosure and the award of spousal maintenance to a wife pending the husband’s grant of a Jewish divorce.’

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Family Law week, 28th August 2019

Source: www.familylawweek.co.uk

Inquest to consider state’s role in gambling addict’s suicide – The Guardian

Posted August 29th, 2019 in gambling, inquests, news, suicide by sally

‘The government could be held liable for a gambling addict’s suicide after a coroner ruled that his inquest could consider whether the state failed in its duty to protect him.’

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The Guardian , 28th August 2019

Source: www.theguardian.com

Huddersfield woman jailed for abusing children for money online – BBC News

Posted August 29th, 2019 in child abuse, internet, news, sentencing, sexual offences by sally

‘A woman who abused children over the internet for paying customers has been jailed for 12 years and four months.’

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BBC News, 28th August 2019

Source: www.bbc.co.uk

HMP Pentonville: ‘Government neglect’ sees rise in prison’s violence – BBC News

Posted August 29th, 2019 in drug abuse, health & safety, news, prisons, violence by sally

‘”Government neglect” has “directly contributed” to the rise in violence and drugs at HMP Pentonville, the prison’s watchdog said. The Pentonville Independent Monitoring Board (IMB) called for funds for improvements “as a matter of urgency”.’

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BBC News, 28th August 2019

Source: www.bbc.co.uk

Drink driving deaths highest in nearly a decade, as campaigners call for more police in cars to catch offenders – Daily Telegraph

Posted August 29th, 2019 in alcohol abuse, drunk in charge, news, road traffic offences by sally

‘Drink drive deaths have hit the highest rate in nearly a decade, as campaigners urge police to put more officers in cars to catch offenders.’

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Daily Telegraph, 28th August 2019

Source: www.telegraph.co.uk

Victims left ‘at risk from serial rapists’ as conviction rates fall – Daily Telegraph

Posted August 29th, 2019 in news, prosecutions, rape, recidivists, statistics, victims by sally

‘Falling convictions are putting people at risk of “serial rapists” because attackers are not being deterred, the Victims’ Commissioner has warned. Dame Vera Baird expressed concern as official figures showed that reports of rape are on the increase but the number of charges being brought against attackers has fallen.’

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Daily Telegraph, 29th August 2019

Source: www.telegraph.co.uk

Lancashire grandmother ‘had to sleep on mattress in lounge’ for 10 years – BBC News

Posted August 29th, 2019 in care orders, children, compensation, grandparents, housing, local government, news by sally

‘A woman slept on a mattress in her living room for more than 10 years because her council house was too small for her and five children.

The Local Government Ombudsman ordered the council to pay her compensation. The council apologised and said it would pay her £24,000 to reflect the “avoidable distress” she and her family suffered.’

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BBC News, 29th August 2019

Source: www.bbc.co.uk