Subjective suitability – Nearly Legal

Posted August 3rd, 2015 in appeals, equality, homelessness, housing, local government, mental health, news, post-traumatic stress disorder by sally

‘At issue in this second appeal from a s.204 appeal was whether it was reasonable for Ms Poshteh to have refused an offer of accommodation. Both parties agreed that the property was objectively suitable. The question then was the second part of the two stage test in Housing Act 1996 section 193(7F):

(7F) The local housing authority shall not –

(a) make a final offer of accommodation under Part 6 for the purposes of subsection (7);

… unless they are satisfied that the accommodation is suitable for the applicant and that it is reasonable for him to accept the offer.”’

Full story

Nearly Legal, 2nd August 2015

Source: www.nearlylegal.co.uk

Two-partner firm succeeds in striking out £8m professional negligence claim – Legal Futures

Posted August 3rd, 2015 in civil procedure rules, costs, delay, fees, law firms, negligence, news, solicitors, striking out by sally

‘A two-partner central London law firm has succeeded in striking out a professional negligence claim for over £8m.’
Full story

Legal Futures, 3rd August 2015

Source: www.legalfutures.co.uk

Magistrates resign over court charges that encourage innocent to plead guilty – The Guardian

Posted August 3rd, 2015 in benefits, courts, criminal justice, guilty pleas, magistrates, news, penalties by sally

‘Magistrates have begun to resign in protest at punitive court charges of up to £1,200 that they claim can never be collected and encourage the innocent to plead guilty.’
Full story

The Guardian, 31st July 2015

Source: www.guardian.co.uk

Bedroom Tax and separated families – UT again – Nearly Legal

Posted August 3rd, 2015 in appeals, benefits, families, housing, human rights, interpretation, local government, news, Supreme Court, tribunals by sally

‘The Upper Tribunal has another go at the separated families issue in CH 0062 2015-00 and this time, unsurprisingly, shuts down completely the FTT dissenting position in a Middlesborough FTT decision, while upholding and amplifying MR v North Tyneside.’

Full story

Nearly Legal, 1st August 2015

Source: www.nearlylegal.co.uk

Gillingham and chairman Paul Scally fined £75,000 for ‘race victimisation’ – The Guardian

Posted August 3rd, 2015 in appeals, employment, employment tribunals, fines, news, race discrimination, sport, unfair dismissal, victimisation by sally

‘Gillingham and their chairman, Paul Scally, have each been fined £75,000 for “race victimisation” relating to the departure of the striker Mark McCammon in 2011.’

Full story

The Guardian, 31st July 2015

Source: www.guardian.co.uk

PC Neil Doyle killing: Two men guilty of manslaughter – BBC News

Posted August 3rd, 2015 in assault, homicide, news, police by sally

‘Two men have been found guilty of killing an off-duty policeman in an attack during a night out in Liverpool.’

Full story

BBC News, 31st July 2015

Source: www.bbc.co.uk

Disinheritance and the law: why you can’t leave your money to whoever you please – The Guardian

Posted August 3rd, 2015 in appeals, charities, consent, local government, news, probate, statistics, trusts, wills by sally

‘When Melita Jackson decided to disinherit her daughter Heather, she knew what she was doing, and her decision was clear. Now a court has ruled that Heather still has a right to a share of her estate. As Britain experiences a surge in will disputes, is our sense of what we owe our children changing?’

Full story

The Guardian, 31st July 2015

Source: www.guardian.co.uk

Why there’s no such thing as gay adultery in UK law – BBC News

Posted August 3rd, 2015 in divorce, equality, homosexuality, marriage, news by sally

‘A woman who was unable to divorce her husband on the grounds of adultery because he had affairs with men wants the law changed.’

Full story

BBC News, 1st August 2015

Source: www.bbc.co.uk

Judge criticises social worker over report which ‘might just as well have been written in a foreign language’ – The Independent

Posted August 3rd, 2015 in family courts, judges, news, reports, social services by sally

‘A social worker’s report on a woman who wanted to care for two children might as well have been “written in a foreign language”, a family court judge has suggested.’

Full story

The Independent, 3rd August 2015

Source: www.independent.co.uk

Street skaters may find their latest moves land them in court – but they are fighting back – The Independent

Posted August 3rd, 2015 in complaints, criminal justice, criminal records, fines, local government, news, prosecutions, public spaces protection orders, statistics, young offenders, young persons by sally

‘Campaigners claim Public Space Protection Orders are ‘criminalising young people just for being young’.’
Full story

The Independent, 1st August 2015

Source: www.independent.co.uk

Officer who challenged racism in police cleared of sexual assault charges – The Guardian

Posted August 3rd, 2015 in conspiracy, employment tribunals, evidence, inquiries, misfeasance in public office, news, police, racism, sexual offences by sally

‘A retired Asian officer who fought racism in the police has been cleared of sexually assaulting a prisoner almost 30 years ago after claiming the charges against him were part of a vendetta by Scotland Yard.’

Full story

The Guardian, 31st July 2015

Source: www.guardian.co.uk

Illegal immigrants to UK face eviction without court order under new plans – The Guardian

Posted August 3rd, 2015 in asylum, benefits, bills, housing, immigration, landlord & tenant, news, proceeds of crime by sally

‘Immigrants living in Britain illegally will face abrupt eviction from rental properties under new laws designed to make Britain a tougher place to live in, the government will announce as it redoubles its response to the Calais migrant crisis.’

Full story

The Guardian, 3rd August 2015

Source: www.guardian.co.uk

Ingenious film investors lose human rights challenge over upfront tax – The Guardian

Posted August 3rd, 2015 in artistic works, HM Revenue & Customs, human rights, judicial review, news, tax avoidance, taxation by sally

‘More than 150 wealthy investors in controversial film investment schemes, which HMRC says amount to tax avoidance, have lost a human rights challenge to new powers tax inspectors have been deploying to demand upfront payments.’

Full story

The Guardian, 31st July 2015

Source: www.guardian.co.uk

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Posted July 31st, 2015 in news by sally

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Three in four lawyers burnt out – The Lawyer

Posted July 31st, 2015 in barristers, health, legal profession, mental health, news, solicitors, statistics by sally

‘Nearly three in every four lawyers are suffering from burnout or worried about the condition, a survey of 1,000 lawyers has revealed.’
Full story

The Lawyer, 31st July 2015

Source: www.thelawyer.com

Actor who accused Conservative MP Ken Clarke of sexually assaulting him cleared of perverting the course of justice – The Independent

Posted July 31st, 2015 in news, perverting the course of justice, sexual offences by sally

‘An actor who accused former chancellor Ken Clarke of sexually assaulting him has been cleared of perverting the course of justice.’

Full story

The Independent, 30th July 2015

Source: www.independent.co.uk

Facebook, drag artists and data protection dilemmas: ‘if you stand on our pitch, you must play by our rules’ – Panopticon

Posted July 31st, 2015 in anonymity, data protection, internet, news, privacy by sally

‘Facebook is one of the main battlegrounds between privacy and other social goods such as safety and security.’
Full story

Panopticon, 31st July 2015

Source: www.panopticonblog.com

Judge refuses council permission to appeal decision on ownership of sculpture – Local Government Lawyer

Posted July 31st, 2015 in appeals, artistic works, local government, news by sally

‘A High Court judge has refused the London Borough of Bromley permission to appeal in its battle with the London Borough of Tower Hamlets over the ownership of a Henry Moore sculpture.’
Full story

Local Government Lawyer, 30th July 2015

Source: www.localgovernmentlawyer.co.uk

Why do the “migrants” in Calais want to come to the UK? – Free Movement

Posted July 31st, 2015 in asylum, immigration, media, news, refugees, statistics by sally

‘”Cockroaches” according to Katie Hopkins. A “swarm” according to our likeminded Prime Minister, David Cameron, and The Daily Mail (again). An “army” according to the popular press, who seem to think we should literally send troops into France (without asking the French, we can assume) to hold the thin red line. “Migrants” to others. Why never “refugees”, though, which is what most of them are? What do we know about who these people are — brothers, sisters, mothers, fathers and children, all of them — and why they want to come to the UK?’

Full story

Free Movement, 31st July 2015

Source: www.freemovement.org.uk