Watts v Stewart – leases and licences revisited – Hardwicke Chambers

Posted February 21st, 2017 in charities, housing, landlord & tenant, leases, licensing, news, repossession by sally

‘On 29th September 2004 the Trustees of the Ashtead United Charity allocated Mrs Janet Watts accommodation in an almshouse, in fact one of 14 residential flats the Charity owned at Ashstead in Surrey. In May 2015 they issued proceedings for possession based on the allegations that Mrs Watts had acted in an anti-social manner, swearing, spitting, and aggression. This was a breach of the terms of the Appointments Letter under which she was allocated the property. At the first directions hearing the District Judge ordered a trial of the issue of whether Mrs Watts occupied as a licensee of the Charity or a tenant. If the former of course it would be relatively easy for the Charity to evict her; if the latter, much less so.’

Full story

Hardwicke Chambers, 18th January 2017

Source: www.hardwicke.co.uk

Introducing the litigant in person network – Legal Voice

Posted February 21st, 2017 in civil justice, internet, legal representation, litigants in person, news by sally

‘The Litigant in Person Network is an online platform which aims to connect a wide range of people with a common goal of improving access to justice. Coordinated by the Litigant in Person Support Strategy, and supported by The Legal Education Foundation, the network is a place for interested professionals to share, discussion and collaborate across sectors on issues relating to both actual and potential Litigants in Person (LiPs).’

Full story

Legal Voice, 20th February 2017

Source: www.legalvoice.org.uk

When One Purchaser Signs the Contract for Sale and the Other Does Not … – Radcliffe Chambers

Posted February 21st, 2017 in appeals, contracts, deposits, news, sale of land by sally

‘And indeed never authorised the co-purchaser to enter into a contract on her behalf without her consent, did not know that he was entering into a contract, or consent to his doing so on her behalf. That was the remarkable situation in the case of Rabiu v. Marlbray Ltd [2016] 1 WLR 5147. At first blush one might have thought, in line with the decision in Suleman v. Shahsavari [1998] 1 WLR 1181, that in the absence of the signature of one of the co-purchasers, there was no binding contract and that that would be the end of the matter. So the trial judge concluded, but the Court of Appeal held that on the facts of the case the purchaser who had signed had rendered himself liable as between himself and the vendor of the property, notwithstanding the absence of the signature of his co-purchaser. In so doing it distinguished Suleman. The decision of the Court of Appeal, which runs to 111 paragraphs, considers a number of issues and repays careful study. This casenote will consider the questions of the validity of the contract between the vendor and the copurchaser and the formalities required by s.2 of the Law of Property (Miscellaneous Provisions) Act 1989. A second casenote (to follow) will consider whether, on the assumption that there was no valid contract as between the vendor and the co-purchaser (either because the contract had not been signed by the other co-purchaser, or because of want of the formalities required by s.2), the vendor was required to return the co-purchaser’s deposit or could retain it.’

Part One (PDF)
Part Two (PDF)

Radcliffe Chambers, February 2017

Source: www.radcliffechambers.com

Solicitors speak out over plight of jailed 71-year-old – Law Society’s Gazette

Posted February 21st, 2017 in appeals, contempt of court, elderly, news, prisons by sally

‘Practitioners involved in a high-profile Court of Protection case have spoken out after it emerged that a 71-year-old woman jailed for contempt had been fighting to let her brother spend his remaining months in his country of birth.’

Full story

Law Society’s Gazette, 20th February 2017

Source: www.lawgazette.co.uk

New MIB Untraced and Uninsured Drivers Agreements – Zenith PI Blog

‘The new agreements come into force for accidents occurring after 1 March 2017. They were published on 13 January 2017 with the following statement:

MIB paying a claim for the damage to an uninsured driver’s car when it has been caused by another uninsured or a ‘hit and run’ driver seems counter-intuitive. However, from 1 March 2017 that is what MIB will be required to do.

Paul Ryman-Tubb, Chief Technical Officer at MIB said: “Whilst we will deal with these claims in a professional manner, the principle of using honest premium paying motorists money to pay for the damage to an uninsured driver’s car seems crazy.”’

Full story

Zenith PI Blog, 21st February 2017

Source: www.zenithpi.wordpress.com

What is the no recourse to public funds condition? – Free Movement

Posted February 21st, 2017 in benefits, crime, freedom of movement, immigration, news, social security by sally

‘The “no recourse to public funds” condition is imposed on grants of limited leave to enter or remain with the effect of prohibiting the person holding that leave from accessing certain defined public funds. A person who claims public funds despite such a condition is committing a criminal offence and there may well be future immigration consequences as well, as any existing leave can be curtailed or a future application refused.’

Full story

Free Movement, 21st February 2017

Source: www.freemovement.org.uk

Five Ways Human Rights Help The Fight For Social Justice – RightsInfo

Posted February 21st, 2017 in human rights, news by sally

‘The 20th of February is World Day of Social Justice and in honour of this day, we look at five ways human rights can help to achieve social justice.’

Full story

RightsInfo, 19th February 2017

Source: www.rightsinfo.org

Bar Council: shared leave plan will help women reach top – Law Society’s Gazette

Posted February 21st, 2017 in barristers, consultations, equality, news, parental rights, self-employment, women by sally

‘The Bar Council has backed proposals by the regulator to amend rules on shared parental leave, claiming this could encourage more women to stay at the bar.’

Full story

Law Society’s Gazette, 20th February 2017

Source: www.lawgazette.co.uk

Whole of split bill, less additional liabilities, subject to proportionality test, rules regional costs judge – Litigation Futures

Posted February 21st, 2017 in budgets, costs, news, proportionality by sally

‘A court faced with a bill of costs that straddles the Jackson reforms should consider both the pre and post April 2013 costs when deciding whether it is proportionate, but ignore any additional liabilities, a regional costs judge has ruled.’

Full story

Litigation Futures, 20th February 2017

Source: www.litigationfutures.com

Two jailed for ‘brutal’ killing of man with learning difficulties – BBC News

Posted February 21st, 2017 in learning difficulties, murder, news, sentencing, video recordings by sally

‘Two men who used their phones to film themselves brutally attacking a man with learning difficulties have been jailed for his murder.’

Full story

BBC News, 20th February 2017

Source: www.bbc.co.uk

Leading terror trial QC to be counter-terror laws watchdog – The Guardian

Posted February 21st, 2017 in freedom of expression, legislation, news, queen's counsel, terrorism by sally

‘Max Hill QC, a leading prosecutor in many of the most serious terrorism trials, has been named the new independent reviewer of terrorism legislation.’

Full story

The Guardian, 20th February 2017

Source: www.guardian.co.uk

Moors murderer Ian Brady loses court fight over legal representation – The Guardian

Posted February 21st, 2017 in law firms, legal aid, legal representation, mental health, news by sally

‘Moors murderer Ian Brady has been refused permission to launch a high court battle to get a lawyer of his choice to represent him at a tribunal.’

Full story

The Guardian, 20th February 2017

Source: www.guardian.co.uk

Directors could face ‘disciplinary action’ for financial reporting breaches, under FRC plans -OUT-LAW.com

‘Company directors could face “disciplinary action” over breaches of financial reporting rules under new plans announced by the Financial Reporting Council (FRC).’

Full story

OUT-LAW.com, 17th February 2017

Source: www.out-law.com

Lord Chief Justice “strongly opposes” accountants’ bid to handle litigation and advocacy work – Legal Futures

Posted February 21st, 2017 in accountants, advocacy, legal representation, legal services, news, taxation by sally

‘The Lord Chief Justice has outlined his “strong opposition” to a bid to allow accountants to handle tax litigation and advocacy work – and in return come under fire from the body that would regulate them.’

Full story

Legal Futures, 21st February 2017

Source: www.legalfutures.co.uk

IPCC advises separating police officers after fatal incidents – BBC News

Posted February 21st, 2017 in complaints, death in custody, news, police, witnesses by sally

‘Police officers directly involved in fatal incidents should be separated as quickly as possible to prevent conferring, a watchdog has said.’

Full story

BBC News, 21st February 2017

Source: www.bbc.co.uk

Appeal court to rule on civil partnerships for heterosexual couples – The Guardian

Posted February 21st, 2017 in appeals, civil partnerships, equality, news, sexual orientation discrimination by sally

‘The appeal court is to decide whether opposite-sex couples can enter civil partnerships – without running away to the Isle of Man.’

Full story

The Guardian, 21st February 2017

Source: www.guardian.co.uk

EVENT: The British Library – The Idler Presents: In Praise of Unusual Libraries

Posted February 20th, 2017 in Forthcoming events by sally

‘A live event with Tom Hodgkinson of The Idler. He is joined by Meirian Jump of the Marx Memorial Library and Workers’ School in Clerkenwell, Peter Francis of Gladstone’s Residential Library in North Wales, and Sara Wingate-Gray, UCL academic and the Itinerant Poetry Librarian. Learn about these refuges for quiet study and help plan more libraries.

In association with The Idler.’

Date: 17th March 2017, 7.00-8.30

Location: Knowledge Centre, The British Library, 96 Euston Road, London NW1 2DB

Charge: See website for details

More information can be found here

EVENT: United Nations Association – Should we be worried about the health of international law?

Posted February 20th, 2017 in Forthcoming events by sally

‘Making rules and adhering to them has underpinned the course of the United Nations and international relations more generally since 1945. Some States have not respected these and situations have arisen where adherence to these rules were dismissed but this had limited impact on the rules themselves. They were a violation of the rules, rather than a challenge to them. But some argue that they must now fight for the rules themselves, a cause they never anticipated.’

Date: 7th March 2017, 6.30-8.00pm

Location: Brunei Lecture Theatre, Thornhaugh Street, London WC1H 0AL

Charge: Free, registration required

More information can be found here.

EVENT: The Law Society – Youth Justice Advocacy Course / Youth Court Advocacy

Posted February 20th, 2017 in Forthcoming events by sally

‘This training has been developed in partnership with the Law Society and is an essential course for all solicitors who will be appearing in the youth court.

The course provides an overview of youth-specific criminal law from the police station to the youth court. The training will cover key topics such as out of court disposals, bail and remand, jurisdiction, adaptations to the trial process and youth sentencing. The course will introduce participants to the underlying principles of youth justice and international children’s rights law. This knowledge will be embedded through interactive exercises and case studies.

Participants will learn about child development and the learning difficulties, mental health difficulties and communication needs that affect children and young people in the criminal justice system. The course will also provide an introduction to fitness to plead and effective participation as well as modifications and adaptations to the court process, including intermediaries. The course will enable participants to identify needs and vulnerabilities and how these are properly addressed to ensure a child receives a fair trial.’

Date: 2nd March 2017, 9.00am-5.00pm

Location: The Law Society, 113 Chancery Lane, London WC2A 1PL

Charge: See website for details

More information can be found here.

EVENT: SOAS – Centenary Lecture: Ms Hina Jilani, human rights lawyer

Posted February 20th, 2017 in Forthcoming events by sally

‘Baroness Valerie Amos CH will share a conversation with Hina Jilani discussing the right to defend human rights and the situation of human rights defenders globally.’

Date: 16th March 2017, 7.00-9.00pm

Location: The Brunei Gallery, SOAS University of London, 10 Thornhaugh Street, London WC1H 0XG

Charge: Free, registration required

More information can be found here.