Care Quality Commission not yet an effective regulator, say MPs – BBC News
‘The Care Quality Commission, the health watchdog in England, is “not yet an effective regulator”, MPs say.’
BBC News, 11th December 2015
Source: www.bbc.co.uk
Court of protection extends ban on naming woman in right-to-die case – The Guardian
‘A legal ban preventing identification of a 50-year-old mother who died after refusing lifesaving kidney treatment has been extended by the court of protection.’
The Guardian, 9th December 2015
Source: www.guardian.co.uk
‘Grooming’ paedophiles let off with police caution, says official report – Daily Telegraph
‘Joint report by criminal justice watchdogs voices concern over “inappropriate use of police cautions”.’
Daily Telegraph, 9th December 2015
Source: www.telegraph.co.uk
Pop culture 101: a guide for out-of-touch judges – The Guardian
‘After the release of a recent survey by the Sutton Trust showing that nearly 75% of senior judges are privately educated – compared with about 7% of the general population – many assume the judiciary in England and Wales is out-of-touch with popular culture.’
The Guardian, 10th December 2015
Source: www.guardian.co.uk
Could Donald Trump be given a visa ban preventing him travelling to the UK? – Free Movement
‘Following his attention seeking call for all Muslims to be banned from entering the United States, there have been calls for Donald Trump to be given a “visa ban” preventing him from coming to the UK. Is this feasible in UK immigration law?’
Free Movement, 9th December 2015
Source: www.freemovement.org.uk
More offenders being punished for carrying knives, latest figures show – The Guardian
‘The number of offenders punished for carrying a knife has risen by 7% in the last year as the police and courts take a tougher approach, especially to teenage offenders, new figures show.’
The Guardian, 10th December 2015
Source: www.guardian.co.uk
Judges must stop insulting each other, Supreme Court President warns – Daily Telegraph
‘While it is ‘fun’ to malign fellow lawmakers in judgements, it undermines confidence in the courts, Lord Neuberger says.’
Daily Telegraph, 9th December 2015
Source: www.telegraph.co.uk
‘Fake duke’ Alex Wood jailed for London hotels fraud – BBC News
‘A fraudster who posed as the 12th Duke of Marlborough, racking up hotel bills of almost £12,000, has been sentenced to three-and-a-half years in prison.’
BBC News, 9th December 2015
Source: www.bbc.co.uk
Can young adult offenders be diverted into work? – BBC News
‘Some reform groups believe the justice system should treat young adult offenders differently. Could a programme in south London lead the way in terms of their rehabilitation?’
BBC News, 10th December 2015
Source: www.bbc.co.uk
New anti-slavery helpline launched with £1m from Google – Daily Telegraph
‘Home Office to launch new hotline based on US model, announces Home Secretary Theresa May.’
Daily Telegraph, 9th December 2015
Source: www.telegraph.co.uk
Council tenants lose lifetime right to live in property – The Guardian
‘People will no longer have the right to live in their council home for life in future after ministers moved to impose a five-year limit on new tenancies.’
The Guardian, 9th December 2015
Source: www.guardian.co.uk
Tobacco firms challenge plain packaging rules – BBC News
‘Four of the world’s biggest tobacco firms are to begin a legal challenge to the government’s new packaging rules.’
BBC News, 10th December 2015
Source: www.bbc.co.uk
Regency Villas Title Ltd and others v Diamond Resorts (Europe) Ltd and another – WLR Daily
‘There was no legal impediment to a right of recreation taking effect as an easement, provided that the intention to grant an easement, as opposed to a merely personal right, was evident on the proper construction of the grant construed in the light of the material surrounding circumstances.’
WLR Daily, 7th December 2015
Source: www.iclr.co.uk
Lee Rigby killer sues Prison Service after having teeth knocked out – The Guardian
‘One of the men who killed the British soldier Lee Rigby is suing for compensation two years after his teeth were knocked out during an incident at Belmarsh prison.’
The Guardian, 10th December 2015
Source: www.guardian.co.uk
Ramburs Inc v Agrifert SA – WLR Daily
Ramburs Inc v Agrifert SA [2015] EWHC 3548 (Comm); [2015] WLR (D) 505
‘Where a buyer of goods FOB nominated a substitute vessel pursuant to its right under the GAFTA FOB period of delivery clause appearing in GAFTA form 49, he was nevertheless required to comply with the terms of the contract of sale as to nomination and pre-advice in respect of the nomination of the substitute vessel.’
WLR Daily, 4th December 2015
Source: www.iclr.co.uk
Gavin Edmondson Ltd v Haven Insurance Co Ltd – WLR Daily
Gavin Edmondson Ltd v Haven Insurance Co Ltd [2015] EWCA Civ 1230; [2015] WLR (D) 496
‘A solicitors firm which had concluded conditional fee agreements with road traffic victims and had entered those details in accordance with the Pre-action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents on the website used by lawyers and insurers in such circumstances was entitled, when the claimants settled their personal injury claims directly with the defendants’ insurers, to recover the fixed costs and other sums payable under the Protocol scheme.’
WLR Daily, 2nd December 2015
Source: www.iclr.co.uk
West End Investments (Cowell Group) Ltd v Birchlea Ltd – WLR Daily
West End Investments (Cowell Group) Ltd v Birchlea Ltd [2015] EWHC 3381 (Ch); [2015] WLR (D) 499
‘There must be a significant deviation from the vertical plane for the exception in section 2(2) of the Leasehold Reform Act 1967 to apply.’
WLR Daily, 27th November 2015
Source: www.iclr.co.uk
Radical thinking on enfranchisement – Tanfield Chambers
‘The law of enfranchisement is very complicated. A whole industry has evolved to try to interpret the provisions of the Leasehold Reform Act 1967 (“the 1967 Act”) and the Leasehold Reform Housing and Urban Development Act 1993 (“the 1993 Act”) and put them into practice. The cost and frustration to leaseholders of such a convoluted process is considerable.’
Tanfield Chambers, 3rd December 2015
Source: www.tanfieldchambers.co.uk
Arbitration in landlord and tenant disputes – Tanfield Chambers
‘Most landlord and tenant disputes end up in court. From the perspective of landlords, this can be a lengthy, frustrating, and costly process. For tenants, the experience is often uncertain, draining, and also costly. Is there a place for arbitration in this?’
Tanfield Chambers, 30th November 2015
Source: www.tanfieldchambers.co.uk
When is property added to a settlement “excluded property”? – New Square Chambers
‘The decision of Mann J. in Barclays Wealth Trustees (Jersey) Ltd and Michael Dreelan v HMRC [2015]EWHC 2878 (Ch) answers an important question regarding what is excluded property for purposes of the Inheritance Tax Act 1984 s.48(3). This provides that foreign situs property which is settled property is excluded property for IHT purposes unless the settlor was domiciled in the U.K. at the time the settlement was made. Suppose a settlement was made when the settlor was domiciled outside the U.K, he subsequently becomes domiciled in the U.K and then adds foreign property to the settlement. Is the added property excluded property? HMRC have always contended that it is not. It has been argued in leading textbooks that it is. Mann J. has decided that HMRC are right.’
New Square Chambers, 1st December 2015
Source: www.newsquarechambers.co.uk
