Gloucestershire child neglect couple jailed – BBC News
‘A couple jailed for neglecting five of their children have been branded “inadequate, stupid, stubborn and reckless” by a judge.’
BBC News, 16th June 2014
Source: www.bbc.co.uk
Come friendly bombs… – NearlyLegal
‘Terrorism insurance is an increasingly contentious issue in service charge cases; in short, many leaseholders think it is unnecessary and simply serves to increase the their service charges (and, potentially, acts as an additional source of commission for landlords, itself a very contentious issue). Well, in Qdime Ltd v Various Leaseholders at Bath Building (Swindon) and others [2014] UKUT 261 (LC), the Upper Tribunal has given an unqualified endorsement of terrorism insurance and, in the process, may well have greatly extended the number of properties which are now required to obtain such insurance.’
NearlyLegal, 13th June 2014
Source: www.nearlylegal.co.uk
Separating divorce and financial disputes – more process than substance – Halsbury’s Law Exchange
‘Sir James Munby, President of the Family Division has considered in his most recent opinion piece, both his commentary on the bedding down of the recent procedural changes that came in to force on the 22 April 2014, and looking to the future, he has invited Mostyn J and Cobb J to chair a new Financial Remedies Working Group to look at further change.’
Halsbury’s Law Exchange, 16th June 2014
Source: www.halsburyslawexchange.co.uk
Secret trials – a little transparency, a lot to worry about – UK Human Rights Blog
‘The Court of Appeal has published its decision in Guardian News Media v AB and CD. It is not a judgment, the Court says. Judgments – plural – will be given “in due course.” Still, the 24 paragraph decision contains the order and explanation of the order, and gives an indication of some of the reasons that will follow.’
UK Human Rights Blog, 12th June 2014
Source: www.ukhumanrightsblog.com
How many people will get £10,000 fines for speeding? – The Guardian
‘The maximum financial penalty that magistrates courts can impose has been increased fourfold, although the data shows that only a few will have to pay much more.’
The Guardian, 12th June 2014
Source: www.guardian.co.uk
What’s the Din?* – NearlyLegal
‘In Haile v Waltham Forest LBC [2014] EWCA Civ 792, the question for the Court of Appeal was the relevant date for determining whether an applicant is intentionally homeless. On the facts, this was a significant question: Ms Haile had left her room in a hostel on 25th October 2011 to go to stay with a friend. Only one person was entitled to occupy the room. She said that she left the room because of unpleasant smells in the hostel. At the time she left the room, she was pregnant and she gave birth to the beautifully named Delina on 15th February 2012. Now, clearly, as of Delina’s birth, the room would not have been reasonable for Ms Haile to continue to occupy because more than one person would be occupying it in breach of the tenancy agreement. However, the council found her intentionally homeless because they did not accept that, as of 25th October 2011, the smells into the room made it not reasonable to continue to occupy.’
NearlyLegal, 16th June 2014
Source: www.nearlylegal.co.uk
MP’s son guilty of using ‘tremendous force’ to attack press photographer – The Guardian
‘The son of MP Mike Hancock has been found guilty of “losing control” and using “tremendous force” to headbutt and punch a press photographer.’
The Guardian, 13th June 2014
Source: www.guardian.co.uk
Is it right to jail someone for being offensive on Facebook or Twitter? – The Guardian
‘Jake Newsome was jailed last week for posting offensive comments online. His is the latest in a string of cases that have led to prison terms, raising concern that free speech may be under threat from over-zealous prosecutors.’
The Guardian, 13th June 2014
Source: www.guardian.co.uk
Former landlords and s.20B LTA 1985 – NearlyLegal
‘In Ground Rents (Regisport) Ltd v Dowlen [2014] UKUT 144 (LC), the Upper Tribunal (Lands Chamber) had to – once again – grapple with s.20B, Landlord and Tenant Act 1985. The facts are quite straightforward. Imagine, if you will, that there is a modern development of three blocks of flats. It was developed by Countryside Properties (UK) Ltd, who were also the original landlords under all the long leases. Once the leases had been created, the freehold was transferred to the appellant.’
NearlyLegal, 13th June 2014
Source: www.nearlylegal.co.uk
Section 13 DPA in the High Court: nominal damage plus four-figure distress award – Panopticon
‘Given the paucity of case law, it is notoriously difficult to estimate likely awards of compensation under section 13 of the Data Protection Act 1998 for breaches of that Act. It is also very difficult to assess any trends in compensation awards over time.’
Panopticon, 13th June 2014
Source: www.panopticonblog.com
Family court case spanning 13 years is ‘longest case’ in history, judge says – Daily Telegraph
‘A family court case which has taken almost 13 years is believed by a judge to be the longest running in history.’
Daily Telegraph, 13th June 2014
Source: www.telegraph.co.uk
Precedent H “irregularity” does not render it a nullity, High Court rules – Litigation Futures
‘It would be disproportionate and unjust to strike down a Precedent H budget that was signed by a firm’s in-house costs draftsman, rather than by a “senior legal representative”, the High Court has ruled.’
Litigation Futures, 16th June 2014
Source: www.litigationfutures.com
Forced marriage outlawed as ministers step up efforts to curb practice – The Guardian
‘Forced marriage is “a tragedy for each and every victim”, home secretary Theresa May said as a new law outlawing the practice came into effect.’
The Guardian, 16th June 2014
Source: www.guardian.co.uk
Taxman wins fight to close property tax loophole – Daily Telegraph
‘A High Court ruling has sided with the taxman over legislation introduced last year which aims to stop wealthy property buyers avoid paying tens of thousands of pounds in stamp duty.’
Daily Telegraph, 13th June 2014
Source: www.telegraph.co.uk
Prisons face overcrowding due to policy failure, says watchdog – The Guardian
‘The public is being put at risk by a “political and policy failure” in jails which risks boiling over this summer, the prisons’ inspectorate has warned as the government admitted more inmates would have to share cells to cope with an unexpected rise in numbers.’
The Guardian, 14th June 2014
Source: www.guardian.co.uk
Khaira and others (Respondents) v. Shergill and others (Appellants) – Supreme Court
Khaira and others (Respondents) v. Shergill and others (Appellants) [2014] UKSC 33 (YouTube)
Supreme Court, 11th June 2014
Vanity cases? – New Law Journal
‘Employees & cosmetic surgery: Sarah Johnson reports.’
11th June 2014
Source: www.newlawjournal.co.uk
Finance and Divorce Update – Family Law Week
‘Jessica Craigs, senior solicitor, and David Salter, Joint Head of Family Law, both of Mills & Reeve LLP, analyse the financial remedies and divorce news and cases published in May.’
Family Law Week, 12th June 2014
Source: www.familylawweek.co.uk
