‘Last November the judge decided that the UK’s air pollution plans under EU and domestic laws were not good enough. The case has a long, and unedifying back-story of Government not doing what the law says it should do.’
UK Human Rights Blog, 16th May 2017
Source: www.ukhumanrightsblog.com
‘The Housing Grants, Construction and Regeneration Act 1996 (as amended)(“the Construction Act”) implies terms concerning payment and the right to adjudicate in construction contracts. Despite this Act being primarily concerned with construction contract issues, insolvency practitioners are becoming increasingly familiar with its provisions because of the rights to payment the Act creates. These rights are increasingly being used as a basis to commence insolvency proceedings.’
Hardwicke Chambers, 24th April 2017
Source: www.hardwicke.co.uk
‘Election rules are failing to keep pace with rapid changes in technology, allowing political parties to spend millions of pounds on locally targeted Facebook adverts with national campaign funds, experts have warned.’
The Independent, 15th May 2017
Source: www.independent.co.uk
‘In the well-known case of Cobbold v London Borough of Greenwich (LTL 24/5/2001) Gibson LJ said:
‘The overriding objective (of the CPR) is that the court should deal with cases justly. That includes, so far as is practicable, ensuring that each case is dealt with not only expeditiously but also fairly. Amendments in general ought to be allowed so that the real dispute between the parties can be adjudicated upon provided that any prejudice to the other party or parties caused by the amendment can be compensated in costs, and the public interest in the efficient administration of justice is not significantly harmed…’.’
Hardwicke Chambers, 11th April 2017
Source: www.hardwicke.co.uk
‘A defendant who offered very low sums in their budget discussion report in the hope that the court may compromise in the middle of the polarised figures put forward by the two sides is guilty of “an abuse of the cost budgeting process”, a High Court judge has ruled.’
Litigation Futures, 15th May 2017
Source: www.litigationfutures.com
‘A former Greater Manchester police detective who resigned over the force’s handling of the Rochdale child sexual abuse scandal has claimed that offenders identified in the original investigation are still free to abuse young girls in the town.’
The Guardian, 16th May 2017
Source: www.guardian.co.uk
‘The Supreme Court has now ruled on the tricky “no loss” arguments raised in this accountant’s negligence claim, reversing the decision of the lower courts. Nicola Rushton of Hailsham’s professional negligence team considers the implications.’
Full story (PDF)
Hailsham Chambers, 13th April 2017
Source: www.hailshamchambers.com
‘Anna Beale considers the most recent guidance from the EAT on the vexed question of whether workers should receive the minimum wage for “sleep in” shifts.’
Cloisters, 27th April 2017
Source: www.cloisters.com
‘Organisations face being fined in less than 1% of data breach cases self-reported to the UK’s data protection watchdog, according to new figures.’
OUT-LAW.com, 15th May 2017
Source: www.out-law.com
‘On the 1st June 2015, the Serous Crime Act 2015 enacted section 10a of POCA 2002. The section is designed to allow Crown Courts to make a determination on third party rights at the confiscation hearing rather than leaving the decision to the enforcement hearing in the Magistrates Court or in another forum such as in the family courts.’
Full story (PDF)
Drystone Chambers, 15th May 2017
Source: www.drystone.com
‘Nearly 300,000 debt judgments were filed against individuals in English and Welsh county courts in the first three months of 2017, the highest quarterly figure for more than 10 years.’
The Guardian, 15th May 2017
Source: www.guardian.co.uk
‘Litter “police” are being paid bonuses of up to £1,000 a month for handing out fines to members of the public, an investigation has found.’
Daily Telegraph, 15th May 2017
Source: www.telegraph.co.uk
‘A summary of legally noteworthy judicial reviews and High Court appeals regarding professional disciplinary panels and their decisions.’
Cloisters, 11th May 2017
Source: www.cloisters.com
‘Electronic cigarette users will be hit by new restrictions this week, under a new directive cracking down on all smoking products.’
The Independent, 15th May 2017
Source: www.independent.co.uk
‘Two shop worker brothers who groomed young girls with free sweets and mobile phone top-ups have been jailed for years of abuse.’
BBC News, 15th May 2017
Source: www.bbc.co.uk
‘The Government is facing a legal challenge over its policy of forcing landlords to conduct immigration checks on their tenant.’
The Independent, 16th May 2017
Source: www.independent.co.uk
‘Judges at the European court of justice have gathered to rule on a landmark case that could have widespread implications for all EU citizens applying for British passports. ‘
The Guardian, 16th May 2017
Source: www.guardian.co.uk
‘The Upper Tribunal has held that an estimated service charge that had not been demanded in accordance with a lease would not have been payable but for the lessee taking out a loan from the lessor to pay it and thereby waiving strict compliance with the terms of the lease; s.7, Interpretation Act 1978 does not apply to notices served under the Landlord and Tenant Act 1985 unless a lease provides that s.196 Law of Property Act 1925 is to apply to the service of notices’
Arden Chambers, 20th April 2017
Source: www.ardenchambers.com
‘The Supreme Court has declined to depart from its previous judgment in Ali v Birmingham CC that the right to homelessness accommodation under s193 Housing Act 1996 was not a civil right under art 6, despite a decision of the ECtHR to the contrary in Ali v UK; it has affirmed the dicta of Lord Neuberger in Holmes-Moorhouse v Richmond upon Thames LBC that a “benevolent approach” is to be taken to homelessness review decisions under s202; and said (obiter) that the principles governing the right of appeal to the county court under s204 had been authoritatively established by the House of Lords in Runa Begum v Tower Hamlets LBC and other cases including Holmes-Moorhouse, and should be taken as settled.’
Arden Chambers, 10th May 2017
Source: www.ardenchambers.com
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