Can a parking right be an easement? – Tanfield Chambers

Posted November 23rd, 2017 in easements, news, parking by sally

‘Parking is a hot topic! There have been an extraordinary number of cases involving parking disputes over the last few decades, almost certainly because the absence of a right to park can substantially reduce the value of both commercial and residential land.’

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Tanfield Chambers, 10th November 2017

Source: www.tanfieldchambers.co.uk

R (HC) v SSWP – Arden Chambers

Posted November 23rd, 2017 in appeals, carers, news, social security, Supreme Court by sally

‘The Supreme Court has held that legislation designed to limit the rights of Zambrano carers to claim certain types of social assistance, including assistance under Pt 7, Housing Act 1996, was lawful.’

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Arden Chambers, 15th November 2017

Source: www.ardenchambers.com

Reasonable Belief in Adverse Possession – 14 Years Later – Hardwicke Chambers

Posted November 23rd, 2017 in land registration, limitations, news, trespass by sally

‘The doctrine of adverse possession arises from the Limitation Act 1980. Section 15(1) provides that no action shall be brought by any person to recover any land after the expiration of 12 years from the date on which the right of action accrued. Sections 1-7 provide that at the expiration of the period of 12 years the title of the paper owner is extinguished. The claim of a person to a possessory title was therefore based on the negative effect of the extinguishment of the paper owner’s title, and the basic principle that what is required for a case in trespass is not ownership, but possession or a right to possession.’

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Hardwicke Chambers, 9th November 2017

Source: www.hardwicke.co.uk

Out of Hours Order Under High Court’s Jurisdiction in Relation to Vulnerable Adults for Removal From Home and Detention in Hospital – No Claim Under HRA 1998 in Respect of Judicial Act – Garden Court Chambers

Posted November 23rd, 2017 in care orders, detention, hospitals, human rights, jurisdiction, news by sally

‘AM brought a claim for a declaration against the Lord Chancellor alleging breaches of Human Rights Act 1998 arising out of a judicial act, namely an order made in April 2016 by Mostyn J under the High Court’s inherent jurisdiction in relation to vulnerable adults.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Broadband firms must ditch ‘misleading’ speed ads – BBC News

Posted November 23rd, 2017 in advertising, internet, misrepresentation, news, telecommunications by sally

‘Broadband firms will no longer be able to advertise their fast net services based on the speeds just a few customers get, from May next year.’

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BBC News, 23rd November 2017

Source: www.bbc.co.uk

It’s all a matter of Interpretation – Hardwicke Chambers

Posted November 23rd, 2017 in construction industry, contracts, drafting, interpretation, news by sally

‘It is often the case that, when parties negotiate the parties’ rights to terminate a contract on particular terms, one party will often wish to have an opportunity to rectify any potential termination default that they have committed, whereas the other will wish to retain the discretion to determine when a contract will come to an end in the event of a termination event. The issue in the case was essentially about contractual interpretation, and a conflict within a termination clause which meant either the main contractor was entitled to serve a termination notice immediately on its subcontractor, or that there was a requirement that the main contractor provide an opportunity to the subcontractor to remedy the default before serving a termination notice.’

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Hardwicke Chambers, 16th November 2017

Source: www.hardwicke.co.uk

Ann Maguire murder: Coroner issues Facebook contracts plea – BBC News

Posted November 23rd, 2017 in children, coroners, internet, murder, news, parental responsibility, teachers by sally

‘A coroner has called for the creation of social media “contracts” for parents after it emerged a teacher’s murderer discussed killing her on Facebook.’

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BBC News, 22nd November 2017

Source: www.bbc.co.uk

Poppi Worthington’s father to give evidence at inquest into her death – The Guardian

Posted November 23rd, 2017 in child abuse, evidence, inquests, news by sally

‘A father alleged to have sexually assaulted his 13-month-old daughter shortly before she collapsed and died is to give evidence in person at her inquest in Kendal next week.’

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The Guardian, 22nd November 2017

Source: www.theguardian.com

The Mandatory Ground of Possession Under Housing Act 1985: Out of Time Reviews – Garden Court Chambers

Posted November 23rd, 2017 in appeals, housing, landlord & tenant, local government, news, repossession, time limits by sally

‘Mr Harris, the appellant, was the secure tenant of Hounslow London Borough Council, the respondent. On 17 November 2015, the police obtained a closure order, under the Anti-Social Behaviour Crime and Policing Act 2014 (ASBCPA 2014), in respect of the property where he lived, following complaints of noise nuisance and visitors loitering, smoking, drinking and using drugs in the stairwell.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

UK Laws Around Smacking Children Are Changing – Everything You Need to Know – The Independent

Posted November 23rd, 2017 in assault, children, corporal punishment, defences, news, parental rights by sally

‘Rules around smacking children across the UK are changing as a result of new laws coming into force.’

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The Independent, 22nd November 2017

Source: www.independent.co.uk

CPRC: no need yet for new privacy rule on costs in environmental cases – Litigation Futures

Posted November 23rd, 2017 in civil procedure rules, costs, environmental protection, news, privacy by sally

‘There is no immediate need for the Civil Procedure Rule Committee (CPRC) to introduce a new privacy rule for certain costs issues in environmental cases as it could conflict with its open justice review, it has decided.’

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Litigation Futures, 22nd November 2017

Source: www.litigationfutures.com

Psychoactive Substances Act 2016 – Sentencing Guidance – Drystone Chambers

Posted November 23rd, 2017 in drug abuse, drug offences, legislation, news, sentencing by sally

‘The Psychoactive Substances Act 2016 (“PSA”) came into force on 26th May 2016. This article aims to give an outline of the PSA and an analysis of sentencing practice under the statute.’

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Drystone Chambers, 3rd November 2017

Source: drystone.com

Tribunal rejects call for disclosure of legal advice on amusement park project – Local Government Lawyer

Posted November 23rd, 2017 in compulsory purchase, disclosure, local government, news, privilege, tribunals by sally

‘An attempt by a former councillor to have Thanet District Council disclose legal advice obtained from law firm Trowers & Hamlins in relation to the operator chosen for the Dreamland Amusement Park has failed.’

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Local Government Lawyer, 22nd November 2017

Source: www.localgovernmentlawyer.co.uk

Making the most of Cost Budgeting – Hardwicke Chambers

Posted November 23rd, 2017 in budgets, costs, news by sally

‘Love it or loathe it (for most it is the latter), cost budgeting is here for the foreseeable future. It can be a time consuming and tiresome exercise. But unless lawyers roll up their sleeves and get stuck in they risk significantly disadvantaging their clients and opening themselves up to negligence claims. On the other hand, forethought and preparation can reap tactical and financial benefits. What follows is an outline of the budgeting process and some suggested methods of making the most of it.’

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Hardwicke Chambers, 20th November 2017

Source: www.hardwicke.co.uk

Continuation of Life-Sustaining Treatment not in Mrs P’s Best Interests – ASCERTAINING WHAT THE PATIENT WOULD HAVE WANTED – Garden Court Chambers

Posted November 23rd, 2017 in elderly, hospitals, medical treatment, news by sally

‘The Trust applied for a declaration that it was in Mrs P’s best interests to receive clinically assisted nutrition and hydration (CANH) by way of a gastric feeding tube. Following a fall, Mrs P, aged 72 years, went to hospital without telling her family. Her condition deteriorated and she fell into a minimally conscious state. A dispute arose as to whether CANH should be continued between her sisters who wanted treatment to be maintained and her partner and daughters who did not.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

ASA puts onus on law firms to stop using Law Society’s “misleading” CQS claim – Legal Futures

Posted November 23rd, 2017 in advertising, law firms, Law Society, misrepresentation, news, quality assurance by sally

‘All of the 3,000 law firms accredited under the Law Society’s Conveyancing Quality Scheme (CQS) need to ensure they are not using in their own marketing the society’s description of the scheme that was yesterday ruled to be misleading, it has emerged.’

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Legal Futures, 23rd November 2017

Source: www.legalfutures.co.uk

When tax advice strays from planning to avoidance and evasion – Hardwicke Chambers

Posted November 23rd, 2017 in financial advice, news, tax avoidance, tax evasion by sally

‘With the tax affairs of so many VIPs once more in the headlines, Andrew Reid and James Hall consider what claims can be brought against the original advisers and what might be done to avoid that happening.’

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Hardwicke Chambers, 10th November 2017

Source: www.hardwicke.co.uk

Uber’s data breach handling provides lessons for others ahead of GDPR, says expert – OUT-LAW.com

Posted November 23rd, 2017 in data protection, EC law, news, regulations by sally

‘Businesses can learn lessons from the way that Uber handled a major data breach that hit the company last year, a data protection law expert has said.’

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OUT-LAW.com, 22nd November 2017

Source: www.out-law.com

Parachute trial judge warns jurors about bullying – The Guardian

Posted November 23rd, 2017 in bullying, juries, news by sally

‘The judge in the trial of an army sergeant accused of attempting to murder his wife by tampering with her parachute has told the jury to ensure there is no bullying between them, as he discharged two members on the grounds of ill health.’

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The Guardian, 22nd November 2017

Source: www.theguardian.com

Court of Appeal Overturns Birmingham CC v D: 16-17 Year Olds Who Lack Capacity Not Deprived of Their Liberty Within Art 5 Where Parents Consent to Their Confinement – Garden Court Chambers

‘This is the appeal from the decision of Keehan J in Birmingham CC v D [2016] EWCOP 8.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk