Redefining the boundaries of reasonable excuse in housing enforcement? – Local Government Lawyer

‘A recent Upper Tribunal decision involving a city council has significant implications for local housing authorities and landlords alike, writes Mikhail Charles.’

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Local Government Lawyer, 8th May 2024

Source: www.localgovernmentlawyer.co.uk

BAILII: Recent Decisions

Posted May 8th, 2024 in law reports by sally

Court of Appeal (Civil Division)

T, Re (Interim Care Order: Arrangements for Contact) [2024] EWCA Civ 469 (07 May 2024)

Kwik-Fit Group Ltd & Ors v Revenue And Customs [2024] EWCA Civ 434 (03 May 2024)

High Court (Administrative Court)

Wesson, Chair of Friends of Mill Road Bridge v Cambridgeshire County Council [2024] EWHC 1068 (Admin) (07 May 2024)

Cambrian Offshore South West Ltd, R (On the Application Of) v Norfolk County Council [2024] EWHC 1042 (Admin) (07 May 2024)

Taytime Ltd v Secretary of State for Levelling Up, Housing And Communities & Ors [2024] EWHC 1053 (Admin) (07 May 2024)

High Court (King’s Bench Division)

Parker v Skyfire Insurance Company Ltd [2024] EWHC 1060 (KB) (03 May 2024)

Source: www.bailii.org

A warning for housing lawyers – Local Government Lawyer

‘Stefan Liberadzki discusses the new Intermediate Track and fixed costs.’

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Local Government Lawyer, 8th May 2024

Source: www.localgovernmentlawyer.co.uk

Improvement notices under s.12 Housing Act 2004 – Local Government Lawyer

Posted May 8th, 2024 in building law, fire, health & safety, housing, local government, news, repairs by sally

‘The First Tier Tribunal recently considered the use of Improvement Notices under s.12 of Housing Act 2004 to address concerns regarding the fire safety of residential property containing cladding similar to that present on Grenfell Tower. Archie Maddan analyses its ruling.’

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Local Government Lawyer, 8th May 2024

Source: www.localgovernmentlawyer.co.uk

The statutory nuisance regime – Local Government Lawyer

‘Piers Riley-Smith analyses a Court of Appeal case concerning whether there was a legal power to vary an Abatement Notice issued under s.80 of the Environmental Protection Act 1990.’

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Local Government Lawyer, 8th May 2024

Source: www.localgovernmentlawyer.co.uk

Pupillage providers using blind recruitment “are less diverse” – Legal Futures

Posted May 8th, 2024 in barristers, diversity, equality, news, pupillage, statistics by sally

‘Pupillage providers using blind or contextual recruitment techniques have a higher proportion of male and White pupils than those who do not, research by the Bar Standards Board (BSB) has found.’

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Legal Futures, 8th May 2024

Source: www.legalfutures.co.uk

SRA seeks power to launch “spot checks” of law firms – Legal Futures

‘The Solicitors Regulation Authority (SRA) has called for the power to launch “wide-sweeping inspections” of law firms without needing the trigger of a specific allegation of misconduct.’

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Legal Futures, 8th May 2024

Source: www.legalfutures.co.uk

Schoolgirls treated differently to boys – Ofsted – BBC News

‘Girls at a Bradford primary school told Ofsted inspectors they are treated differently to boys during an inspection last September.’

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BBC News, 7th May 2024

Source: www.bbc.co.uk

Pair jailed for £5.7m cryptocurrency scam – BBC News

Posted May 8th, 2024 in conspiracy, cryptocurrencies, fraud, imprisonment, news, sentencing by sally

‘Two men who stole more than £5.7m worth of cryptocurrency from victims all over the world have been jailed.’

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BBC News, 7th May 2024

Source: www.bbc.co.uk

Garrick Club votes to accept female members for first time – The Guardian

Posted May 8th, 2024 in clubs, diversity, equality, gender, news, women by sally

‘The men-only Garrick Club has finally voted to allow women to become members, 193 years after the London institution first opened its doors.’

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The Guardian, 7th May 2024

Source: www.theguardian.com

Carers were ‘dishonest’ when claiming benefits – CPS – BBC News

‘The Crown Prosecution Service (CPS) is standing by its decision to convict two carers of benefit fraud, despite the cases leading to a public outcry.’

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BBC News, 8th May 2024

Source: www.bbc.co.uk

Tech firms face tougher online age checks – Ofcom – BBC News

Posted May 8th, 2024 in children, codes of practice, internet, media, news, ombudsmen by sally

‘Ofcom has warned social media sites they could be banned for under-18s if they fail to comply with new online safety rules. The media regulator has published a children’s safety draft codes of practice, which requires social media firms to have more robust age-checking measures, and Ofcom boss Dame Melanie Dawes warned any company that broke them could have their minimum user age raised to 18.’

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BBC News, 8th May 2024

Source: www.bbc.co.uk

Hundreds of potentially trafficked children ‘abandoned by Home Office’ – The Guardian

‘Hundreds of children identified as potential victims of trafficking are being abandoned by the Home Office and left vulnerable to exploitation, new data reveals. Released following a freedom of information (FoI) request, figures show that in 2022, 1,871 children identified as possible victims of trafficking or modern slavery dropped off the UK government system conceived to support them once they turned 18.’

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The Guardian, 8th May 2024

Source: www.theguardian.com

Beyond the boundaries of time – Haden, Luxton and section 14 of POCA – Mountford Chambers

Posted May 7th, 2024 in chambers articles, confiscation, delay, limitations, news by sally

‘Grace Khaile considers the Court of Appeal’s latest judgments on delay in confiscation proceedings. The two-year limit in section 14(5) of the Proceeds of Crime Act after conviction for the determination of confiscation proceedings appears to be no more than notional.’

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Mountford Chambers, 23rd April 2024

Source: www.mountfordchambers.com

The Safety of Rwanda (Asylum and Immigration) Act – Landmark Chambers

Posted May 7th, 2024 in asylum, bills, chambers articles, deportation, immigration, news, Rwanda by sally

‘The evening of 22 April 2024, the Safety of Rwanda (Asylum and Immigration) Bill completed its passage through Parliament. The Act received royal assent on 25 April 2024 (“the Rwanda Act”/“the Act”).’

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Landmark Chambers, 30th April 2024

Source: www.landmarkchambers.co.uk

April 2024 Roundup – Football Law

Posted May 7th, 2024 in chambers articles, news, sport by sally

‘A roundup of football law news and decisions from April 2024.’

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Football Law, 3rd May 2024

Source: www.footballlaw.co.uk

Service of prescribed documents – deemed or actual? – Nearly Legal

‘This is a note of a county court appeal on the issue of whether Section 7 Interpretation Act 1978 applied to the prescribed documents required to be given to the tenant before service of a section 21 notice – EPC, GSC, How to Rent Guide. This judgment is of particular interest because permission to appeal to the Court of Appeal has been given, so this will (eventually) be a matter for Court of Appeal authority.’

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Nearly Legal, 6th May 2024

Source: nearlylegal.co.uk

Housing conditions quantum – another County Court decision – Nearly Legal

Posted May 7th, 2024 in damages, landlord & tenant, news, repairs by sally

‘Engmann v The London Borough of Lambeth (Wandsworth County Court, 17 April 2024). Engmann was Lambeth’s secure tenant since October 2018. Since the start of the tenancy there had been damp and mould due to defects to external brickwork and a failed damp proof course. In December 2022, a leak started at the property, causing the collapse of the living room ceiling a month later. A month after that, the electrics failed and the tenant was without electricity for 6 weeks. The issues continued, with ongoing problems withe the electrics.
The tenant issued a claim for damages and works in February 2023. In March 2023, by consent order, Lambeth agreed to provide the tenant with decant accommodation from early April 2023, and to complete works by May 2023.’

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Nearly Legal, 6th May 2024

Source: nearlylegal.co.uk

Murder – a case for reform – Mountford Chambers

‘The events in Nottingham in the early morning of 13th June 2023 prompted an outpouring of collective grief. Valdo Calocane killed three innocent people and attempted to kill three others. The suffering for the victims’ families was palpable. Calocane was originally charged with murder and attempted murder. The Crown Prosecution Service later decided to accept the guilty pleas to manslaughter on the basis of diminished responsibility. The reports of four separate psychiatrists all agreed that Calocane was suffering from an abnormality of mental functioning which arose from a recognised medical condition, and which substantially impaired his ability to form a rational judgment and to exercise self-control, such as to provide an explanation for the killings. He was sentenced in January of this year to a Hospital Order subject to restrictions (pursuant to sections 37 and 41 of Mental Health Act 1983).’

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Mountford Chambers, 24th April 2024

Source: www.mountfordchambers.com

Michael Lane: “Administrative Clutter” or a Case for Centralising Human Rights? UN Human Rights Mechanisms and the UK Government – UK Constitutional Law Association

Posted May 7th, 2024 in government departments, human rights, news, treaties, United Nations by sally

‘Human rights in the UK are routinely reviewed by various UN bodies – treaty bodies, special procedures, and the Universal Periodic Review (UPR). The influence of these activities in the UK has been the subject of some inquiry in the past (see, notably, Brice Dickson’s recent book on the subject). But what has remained elusive is whether the work of these bodies has any salience to the UK Government. As the prime initiator of policy and legislation, the executive holds significant power to implement the recommendations of UN bodies that it supports. Hence, we must understand the extent to which policymakers engage with the findings and recommendations of human rights mechanisms to fully appreciate their impact (or lack thereof). Do they have any bearing at all on decision-making, or simply pass under the radar? Is engagement with the UN mechanisms a mere ritual, or a means of securing greater respect for rights in the UK?’

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UK Constitutional Law Association, 7th May 2024

Source: ukconstitutionallaw.org