In re Melodious Corpn; Pui-Kwan v Kam-Ho and others – WLR Daily

Posted April 8th, 2015 in administrators, company directors, insolvency, law reports by sally

In re Melodious Corpn; Pui-Kwan v Kam-Ho and others [2015] EWHC 621 (Ch); [2015] WLR (D) 162

‘Rule 7.55 of the Insolvency Rules 1986 had no application in circumstances where a meeting of the board of directors of the company purporting to place the company into administration out of court pursuant to paragraph 22(2) of Schedule B1 to the Insolvency Act 1986 was inquorate and accordingly the resolution to appoint an administrator was invalid.’

WLR Daily, 10th March 2015

Source: www.iclr.co.uk

Clarke and another v Cognita Schools Ltd (trading as Hydesville Tower School) – WLR Daily

Clarke and another v Cognita Schools Ltd (trading as Hydesville Tower School) [2015] EWHC 932 (Ch); [2015] WLR (D) 164

‘CPR r 3.3(5) did not apply to orders made under rule 6.5(1) of the Insolvency Rules 1986. Therefore an order under rule 6.5(1) did not have to state that the debtor could apply to have it set aside, varied or stayed.’

WLR Daily, 1st April 2015

Source: www.iclr.co.uk

Nzolameso v Westminster City Council (Secretary of State for Communities and Local Government and another intervening) – WLR Daily

Nzolameso v Westminster City Council (Secretary of State for Communities and Local Government and another intervening) [2015] UKSC 22; [2015] WLR (D) 165

‘A local housing authority, in carrying out its duties under the Housing Act 1996, was obliged to accommodate a homeless person in suitable accommodation within its district if it was reasonably practicable to do so. The authority was to determine the suitability of the proposed accommodation by reference to the needs of the individual homeless person and each member of her household and to its location. Where accommodation was offered outside the authority’s district, the placement was to be as close as possible to where the members of the household had previously lived. In reaching its decision, the authority was required to take account of the Homelessness (Suitability of Accommodation) (England) Order 2012 (SI 2012/2601) and the guidance issued by the Secretary of State for Communities and Local Government. It was also required, by section 11(2) of the Children Act 2004, to have regard to the need to safeguard and to promote the welfare of the children concerned.’

WLR Daily, 2nd April 2015

Source: www.iclr.co.uk

In re S (A Child) (Access to Justice Foundation intervening) – WLR Daily

In re S (A Child) (Access to Justice Foundation intervening) [2015] UKSC 20; [2015] WLR (D) 163

‘The principle that orders for costs were not normally made in cases about children applied in cases involving local authorities, whether in relation to first instance proceedings or on appeal. A costs order would only be made where a party had acted reprehensibly in relation to the child or had taken an unreasonable stance in the proceedings, or if it were otherwise appropriate and just, as where the child’s welfare might be put at risk if a costs order were not made.’

WLR Daily, 25th March 2015

Source: www.iclr.co.uk

Judge sets out approach to cases where risk of children travelling to ISIS countries – Local Government Lawyer

‘A judge has set out a number of core principles relevant to cases where it is proposed to make young people at risk of travelling to ISIS countries, and particularly Syria, wards of the High Court and remove their passports.’

Full story

Local Government Lawyer, 7th April 2015

Source: www.localgovernmentlawyer.co.uk

PART 36 of the CPR – Offers are changing – Park Square Barristers

‘Part 36 of the Civil Procedure Rules encourages parties to settle their disputes. It does this by imposing sanctions if one party turns down an offer to settle but then doesn’t get a better result at trial. The rules are complex, so Andrew Mitchell takes a closer look at the latest changes to Part 36.’

Full story

Park Square Barristers, 1st April 2015

Source: www.parksquarebarristers.co.uk

Military historian jailed for exposing himself to farmer overturns restraining order – Daily Telegraph

‘Military historian Kenneth Ward who was jailed in 2011 for exposing himself to a female neighbour is told he can move back to his former home after a restraining order is relaxed.’

Full story

Daily Telegraph, 6th April 2015

Source: www.telegraph.co.uk

Martyn Uzzell A65 death: North Yorkshire County Council settles with widow – BBC News

Posted April 8th, 2015 in bereavement, bicycles, compensation, inquests, local government, news, roads by sally

‘The widow of a cyclist who died after he hit a pothole on his bike has received a six-figure payout from a council.’

Full story

BBC News, 8th April 2015

Source: www.bbc.co.uk

CPS seeks retrial for prison officer after conviction quashed – The Guardian

‘A prison officer whose conviction over leaks to newspapers was quashed by the court of appeal is facing a retrial, it has been confirmed.’

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The Guardian, 1st April 2015

Source: www.guardian.co.uk

‘Ship this bed’ TV ad unlikely to cause serious offence, says watchdog – The Guardian

Posted April 8th, 2015 in advertising, children, complaints, news, ombudsmen by sally

‘A TV ad featuring the repeated phrase “ship this bed” has been cleared by the advertising watchdog – but it has been banned from being shown when children might be watching.’

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The Guardian, 8th April 2015

Source: www.guardian.co.uk

Banker dubbed ‘Crazy Miss Cokehead’ awarded £3.2m for sexual harassment – Daily Telegraph

‘Cambridge graduate Svetlana Lokhova in cash payout from London branch of Sberbank CIB after being driven to mental breakdown by bullying colleagues.’

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Daily Telegraph, 7th April 2015

Source: www.telegraph.co.uk

ASA rejects personal injury advert complaint because consumers ‘now understand how claims work’ – Legal Futures

‘The Advertising Standards Authority (ASA) has rejected a complaint against a west country personal injury law firm, saying that consumers now have “a general awareness that to have a valid claim there would have to be some degree of fault or negligence by a third party”.’

Full story

Legal Futures, 8th April 2015

Source: www.legalfutures.co.uk

More fines for unsolicited calls or texts likely, says ICO, as new rules come into force – OUT-LAW.com

‘Changes to the rules governing when the Information Commissioner’s Office (ICO) can fine companies for making unsolicited telephone calls or sending unsolicited text messages will help the UK’s privacy watchdog to “make more fines stick”, it has said.’

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OUT-LAW.com, 7th April 2015

Source: www.out-law.com

‘In The Alternative’: Proprietary Estoppel in Cohabitation Cases – The Impact of the Decision in Blackburn v. Southwell – No. 5 Chambers

Posted April 7th, 2015 in appeals, cohabitation, constructive trusts, estoppel, news by sally

‘Last summer the case of Southwell v Blackburn came before the Court of Appeal. The subject of the appeal was the correct application of the equitable remedy of proprietary estoppel within the context of a cohabiting couple. Judgment was handed down on 16th October 2014 (reported under [2014] EWCA Civ 1347) and was subsequently described in the national press as a ‘landmark ruling’ in relation to the rights and entitlements of unmarried couples when their relationships come to an end. This article examines whether the decision has in fact moved the law on in such seismic terms.’

Full story

No. 5 Chambers, 1st April 2015

Source: www.no5.com

Supply and Appropriation (Anticipation and Adjustments) Act 2015 – legislation.gov.uk

Posted April 7th, 2015 in budgets, legislation by sally

Supply and Appropriation (Anticipation and Adjustments) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

Finance Act 2015 – legislation.gov.uk

Posted April 7th, 2015 in budgets, legislation by sally

Finance Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

International Development (Official Development Assistance Target) Act 2015 – legislation.gov.uk

Posted April 7th, 2015 in budgets, charities, legislation, United Nations by sally

International Development (Official Development Assistance Target) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

‘Uncertainty’ over second 8.75% legal aid fee cut – Law Society’s Gazette

Posted April 7th, 2015 in fees, legal aid, news, solicitors by sally

‘Criminal practitioners are demanding answers from the Legal Aid Agency over what they say is uncertainty regarding proposed cuts in fees.’

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Law Society’s Gazette, 3rd April 2015

Source: www.lawgazette.co.uk

No duty of care in allocation decisions – Nearly Legal

Posted April 7th, 2015 in duty of care, health, housing, news, striking out by sally

‘Can a council’s failure to carry out its responsibilities under its allocation scheme be the subject of a claim in breach of duty of care? This was the hearing of the Defendant’s application to strike out a claim on exactly that issue.’

Full story

Nearly Legal, 4th April 2015

Source: www.nearlylegal.co.uk

Family Court Key Decision Review: Part 1 – No. 5 Chambers

Posted April 7th, 2015 in care orders, costs, delay, documents, local government, news by sally

‘In the first of a new series of quarterly round ups, Kathryn Taylor reviews some of the key decisions of the family court since December 2014, with a particular emphasis on Local Authority failings.’

Full story

No. 5 Chambers, 30th March 2015

Source: www.no5.com