Conscious Re-coupling and Succession – Nearly Legal

‘In R (Turley) v LB Wandsworth , the Claimant was the partner of the late Mr Doyle, who was the secure tenant of a property at Battersea Park Rd, London, SW8 from 1995 until his death on 17/3/2012. Mr D and Ms T had 4 children together and they lived at the property throughout, apart from a critically important period of separation between December 2010 and January 2012.

Ms T applied to succeed to the secure tenancy but the council decided that because she had not resided at the property for the 12 months immediately preceding Mr D’s death, she did not qualify to succeed. Ms T brought judicial review proceedings against that decision.’

Full story

Nearly Legal, 14th December 2014

Source: www.nearlylegal.co.uk/blog/

High Court judge quashes selective licensing scheme over consultation failings – Local Government Lawyer

Posted December 15th, 2014 in appeals, consultations, housing, landlord & tenant, licensing, local government, news by sally

‘The High Court has quashed a selective licensing scheme that Enfield Council was seeking to apply to the entire borough.’

Full story

Local Government Lawyer, 12th December 2014

Source: www.localgovernmentlawyer.co.uk

HMRC raid on claims management company was lawful, High Court rules – Litigation Futures

‘HM Revenue and Customs (HMRC) did not act unlawfully when it searched and removed files from a claims management company it was investigating, the High Court has ruled.’

Full story

Litigation Futures, 15th December 2014

Source: www.litigationfutures.com

Solicitors From Hell founder wins surprise High Court victory – Legal Futures

Posted December 15th, 2014 in harassment, injunctions, law firms, news, solicitors by sally

‘He has been sued 18 times in relation to the website he founded, and lost each time, but now Rick Kordowski, the man behind SolicitorsFromHell.co.uk, has recorded an unexpected High Court win.’

Full story

Legal Futures, 15th December 2014

Source: www.legalfutures.co.uk

Speech by The Hon. Mr Justice Mostyn: The Craft of Judging and Legal Reasoning – Judiciary of England and Wales

Posted December 15th, 2014 in Court of Protection, family courts, judges, speeches by sally

‘Speech by The Hon. Mr Justice Mostyn: The Craft of Judging and Legal Reasoning at the Bristol University School of Law on 8 December 2014.’

Full speech

Judiciary of England and Wales, 12th December 2014

Source: www.judiciary.gov.uk

The Lord Chief Justice’s Report 2014 – Judiciary of England and Wales

‘The Lord Chief Justice has today laid his annual report before Parliament. His report looks back at the past 12 months and explains how the judiciary have administered justice across all jurisdictions by focusing on key priorities.’

Full report

Judiciary of England and Wales, 15th December 2014

Source: www.judiciary.gov.uk

Declaration 2014: Legal Professional Privilege is vital to a fair trial – The Bar Council

‘Legal chiefs and academics today demanded new laws to stop police and security services from spying on meetings between lawyers and their clients.’

Full press release

The Bar Council, 9th December 2014

Source: www.barcouncil.org.uk

Solicitor General speech on business and human rights – Attorney General’s Office

Posted December 15th, 2014 in codes of practice, human rights, speeches, standards by sally

‘On Human Rights day Solicitor General Robert Buckland QC MP delivered a speech on business and human rights at the Law Society Conference.’

Full speech

Attorney General’s Office, 10th December 2014

Source: www.gov.uk/ago

Proceeds of Crime Act 2002: codes of practice consultation – Attorney General’s Office

‘A consultation on a revised code of practice that governs the use of investigatory powers in the Proceeds of Crime Act 2002.’

Full press release

Attorney General’s Office, 12th December 2014

Source: www.gov.uk/ago

Recent Statutory Instruments – legislation.gov.uk

Posted December 15th, 2014 in legislation by sally

The Export Control (Sudan, South Sudan and Central African Republic Sanctions) Regulations 2014

The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014

The Scotland Act 2012 (Commencement No. 4) Order 2014

The Public Records (Transfer to the Public Record Office) (Transitional and Saving Provisions) Order 2014

The Social Security (Contributions) (Amendment No. 6) Regulations 2014

The Income Tax (Recommended Medical Treatment) Regulations 2014

The Local Audit (Auditor Panel) Regulations 2014

The Health Education England Regulations 2014

The Statutory Shared Parental Pay (Adoption from Overseas) Regulations 2014

The Double Taxation Relief and International Tax Enforcement (Tajikistan) Order 2014

The Double Taxation Relief and International Tax Enforcement (Canada) Order 2014

The Income Tax (Indexation) Order 2014

The Nursing and Midwifery (Amendment) Order 2014

The Misuse of Drugs Act 1971 (Amendment) (No. 2) Order 2014

The Finance Act 2009, Schedules 55 and 56 and Sections 101 and 102 (Stamp Duty Reserve Tax) (Appointed Days, Consequential and Transitional Provision) Order 2014

The Consular Marriages and Marriages under Foreign Law (No. 2) Order 2014

The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014

The CRC Energy Efficiency Scheme (Allocation of Allowances for Payment) (Amendment) (No. 2) Regulations 2014

The High Court (Distribution of Business) Order 2014

The Constitutional Reform and Governance Act 2010 (Commencement No. 9) Order 2014

The Plant Health (Fees) (England) (Amendment) Regulations 2014

The Heathrow and Gatwick Airports – London Noise Insulation Grants (Revocations) Scheme 2014

The Child Poverty Act 2010 (Persistent Poverty Target) Regulations 2014

The Civil Aviation (Miscellaneous Revocations) Regulations 2014

The Pensions Act 2014 (Consequential Amendments) (Units of Additional Pension) Order 2014

The Offshore Installations (Safety Zones) (No. 3) Order 2014

Source:  www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 15th, 2014 in law reports by sally

Walsham Chalet Park Ltd (t/a the Dream Lodge Group) v Tallington Lakes Ltd [2014] EWCA Civ 1607 (12 December 2014)

Re P-K (Children) [2014] EWCA Civ 1602 (11 December 2014)

Hague Plant Ltd v Hague & Ors [2014] EWCA Civ 1609 (11 December 2014)

O’Kelly v Davies [2014] EWCA Civ 1606 (11 December 2014)

A (A Child) [2014] EWCA Civ 1577 (10 December 2014)

Chenembo v London Borough of Lambeth [2014] EWCA Civ 1576 (10 December 2014)

Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz

HS2 Action Alliance & Anor, R (On the Application Of) v The Secretary Of State For Transport [2014] EWCA Civ 1578 (09 December 2014)

MN (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 1601 (09 December 2014)

Court of Appeal (Criminal Division)

Henwood, R. v [2014] EWCA Crim 1615 (10 December 2014)

Henwood, R. v (Rev 1) [2014] EWCA Crim 2615 (10 December 2014)

George, R v [2014] EWCA Crim 2507 (09 December 2014)

High Court (Administrative Court)

European Federation for Cosmetic Ingredients, R (On the Application Of) v Secretary Of State For Business, Innovation And Skills & Anor [2014] EWHC 4222 (Admin) (12 December 2014)

Delipalta & Ors, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 4218 (Admin) (12 December 2014)

Pham v The United States of America [2014] EWHC 4167 (Admin) (12 December 2014)

Djurberg v Secretary of State for Communities and Local Government & Anor [2014] EWHC 4137 (Admin) (12 December 2014)

Bewley, R (On the Application Of) v Secretary of State for Justice [2014] EWHC 4215 (Admin) (11 December 2014)

Brit College v Secretary of State for the Home Department [2014] EWHC 4164 (Admin) (11 December 2014)

Regas, R (On the Application Of) v London Borough of Enfield [2014] EWHC 4173 (Admin) (11 December 2014)

High Court (Chancery Division)

Seton House Group Ltd & Anor v Mercer Ltd [2014] EWHC 4234 (Ch) (12 December 2014)

Destine Estates Ltd & Anor v Muir & Anor [2014] EWHC 4191 (Ch) (11 December 2014)

Mengiste & Anor v Endowment Fund for the Rehabilitation of Tigray & Ors [2014] EWHC 4196 (Ch) (11 December 2014)

High Court (Commercial Court)

HBC Hamburg Bulk Carriers GmbH & Co KG v Huyton Inc [2014] EWHC 4176 (Comm) (12 December 2014)

Tchenguiz & Ors v Director of the Serious Fraud Office [2014] EWHC 4199 (Comm) (11 December 2014)

Ted Baker Plc & Anor v AXA Insurance UK Plc & Ors [2014] EWHC 4178 (Comm) (11 December 2014)

Amtrust Europe Ltd v Trust Risk Group SpA [2014] EWHC 4169 (Comm) (10 December 2014)

NRAM Plc v McAdam & Anor [2014] EWHC 4174 (Comm) (10 December 2014)

High Court (Family Division)

Cooper-Hohn v Anthony Hohn [2014] EWHC 4122 (Fam) (12 December 2014)

A v D & Ors [2014] EWHC 3851 (Fam) (09 December 2014)

NG v OG [2014] EWHC 4182 (Fam) (09 December 2014)

High Court (Queen’s Bench Division)

Sobolewska v Threlfall [2014] EWHC 4219 (QB) (12 December 2014)

Gardner v Northampton General Hospital NHS Trust [2014] EWHC 4217 (QB) (12 December 2014)

Downing v Peterborough & Stamford Hospitals NHS Foundation Trust [2014] EWHC 4216 (QB) (12 December 2014)

QRS v Beach & Anor [2014] EWHC 4189 (QB) (11 December 2014)

Heneghan v Manchester Dry Docks Ltd & Ors [2014] EWHC 4190 (QB) (11 December 2014)

Jowhari v NHS England [2014] EWHC 4197 (QB) (11 December 2014)

Edwin Coe LLP v Aidiniantz & Ors [2014] EWHC 3994 (QB) (09 December 2014)

High Court (Technology and Construction Court)

Imtech Inviron Ltd v Loppingdale Plant Ltd [2014] EWHC 4109 (TCC) (12 December 2014)

Source: www.bailii.org.uk

 

 

 

 

 

Chai v Peng Undermining the purpose of “forum conveniens?” – Family Law Week

Posted December 15th, 2014 in abuse of process, appeals, divorce, estoppel, jurisdiction, news, stay of proceedings by sally

‘Tim Scott QC, Peter Duckworth and James Pullen, all of 29 Bedford Row who represented Dr Kay Peng Khoo in Chai v Peng, analyse the proceedings to date.’

Full story

Family Law Week, 11th December 2014

Source: www.familylawweek.co.uk

Representing Transgendered Clients – a guide for family lawyers – Family Law Week

Posted December 15th, 2014 in barristers, civil partnerships, legal representation, marriage, news, solicitors by sally

‘Lyndsey Sambrooks-Wright, barrister of 2 Dr Johnson’s Buildings, offers a guide to the Gender Recognition Act 2004.’

Full story

Family Law week, 11th December 2014

Source: www.familylawweek.co.uk

DWP urged to publish inquiries on benefit claimant suicides – The Guardian

‘The Department for Work and Pensions has been urged by mental health and disability charities to publish its secret investigations into suicides that may have some link to benefit changes, following revelations that it has carried out internal reviews into 60 such cases.’

Full story

The Guardian, 14th December 2014

Source: www.guardian.co.uk

Policing cuts put public safety at risk, warns Met chief – Daily Telegraph

‘The head of the Metropolitan Police has warned that large cuts to police budgets and other services will put public safety at risk.’

Full story

Daily Telegraph, 14th December 2014

Source: www.telegraph.co.uk

Terror law reform signals fundamental shift – BBC News

Posted December 15th, 2014 in bills, confiscation, freedom of movement, news, passports, police, terrorism by sally

‘Monday sees the return of the government’s Counter Terrorism and Security Bill to the Commons where MPs will get their say on the legislation’s most controversial measure: should ministers be able to ban British citizens from coming home?’

Full story

BBC News, 15th December 2014

Source: www.bbc.co.uk

Family of Ben Needham to sue Home Office for funding of police operation – The Guardian

‘Ben Needham’s family is preparing to take the home secretary to court in an attempt to secure funding for British police to pursue suspects who might be linked to the toddler’s disappearance 23 years ago.’

Full story

The Guardian, 15th December 2014

Source: www.guardian.co.uk

Mohammed Rafiq, 80, guilty of acid revenge attack on teenage ex – BBC News

Posted December 12th, 2014 in assault, conspiracy, grievous bodily harm, news by sally

‘An 80-year-old man has been convicted of masterminding an acid revenge attack on his teenage ex-lover.’

Full story

BBC News, 12th December 2014

Source: www.bbc.co.uk

Regina (HS2 Action Alliance Ltd and another) v Secretary of State for Transport and another – WLR Daily

Regina (HS2 Action Alliance Ltd and another) v Secretary of State for Transport and another [2014] EWCA Civ 1578; [2014] WLR (D) 526

‘The “safeguarding directions” issued by the Secretary of State for Transport, exercising statutory powers, for phase 1 of the proposed high speed rail network (“HS2”) linking London to Manchester did not fall within the scope of plans and programmes which set the framework for future development consent of projects within the meaning of articles 2(a) and 3(2) of Parliament and Council Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment.’

WLR Daily, 9th December 2014

Source: www.iclr.co.uk

Salford Estates (No 2) Ltd v Altomart Ltd – WLR Daily

Posted December 12th, 2014 in arbitration, debts, insolvency, law reports, stay of proceedings, winding up by sally

Salford Estates (No 2) Ltd v Altomart Ltd [2014] EWCA Civ 157; [2014] WLR (D) 527

‘The stay provisions in section 9(1) of the Arbitration Act 1996 did not apply to a winding up petition where the ground of the petition was that the company was unable to pay its debts and what was in dispute was that issue generally or, more specifically, whether there was outstanding and due a particular debt mentioned in the petition.’

WLR Daily, 8th December 2014

Source: www.iclr.co.uk