Do contractual principles apply to section 35(d) of the Partnership Act 1890? The CoA sets the record straight – 11 Stone Buildings

Posted February 14th, 2014 in contracts, law firms, news, partnerships by sally

‘The Court of Appeal’s judgment in Bishop v Golstein [2014] EWCA Civ 10, handed down on 5th February 2014, and the first instance decision of Christopher Nugee QC (now Nugee J) (reported at [2014] Ch 131) both contain useful guidance for partnership lawyers advising clients in connection with dissolution and remedies where the partnership relationship has irretrievably broken down. Whether a partnership can be dissolved by acceptance of arepudiatory breach is probably one of the most contentious issues in modern partnership law. The first instance decision is now the leading authority on this issue in two partners firms, whilst the Court of Appeal’s decision sets out some pointers. Amanda Eilledge explains.’

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11 Stone Buildings, February 2014

Source: www.11sb.com

Entire Agreement Clauses & Requirements for Variations/Waivers in Writing: Energy Venture Partners Ltd v Malabu Oil and Gas Ltd – Henderson Chambers

Posted February 14th, 2014 in agreements, contracts, news by sally

‘One encounters the following situation fairly routinely in practice. On Monday the parties sign a carefully drafted and negotiated contract intended to govern all aspects of their relationship. Detailed mechanisms purport to cater for all eventualities. By Friday, the parties have slipped into a mode of performance which, in material respects, differs radically from the provisions of the contract.’

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Henderson Chambers, 10th February 2014

Source: www.hendersonchambers.co.uk

Fixed term tenancies: How hard can it be for a social landlord? – Hardwicke Chambers

Posted February 14th, 2014 in fixed-term contracts, landlord & tenant, leases, news by sally

‘In November 2010 the Housing Minister Grant Shapps identified what he perceived to be a problem with social housing:

“For far too long in this country there has been a lazy consensus about the use of social housing, which has left one of our most valuable resources trapped in a system that helps far fewer people than it should. This out-of-date approach has seen waiting lists rocket and is unfair to people who genuinely need social homes. They trap existing tenants in poverty, often in homes that aren’t suitable for them.”

After consultation the Government came up with some proposed solutions which involved a radical re-think of the way social housing was to be allocated and administered. The ideas included: flexible tenancies, fairer allocations, greater mobility, fairer provision for homeless, affordable rents and tenants’ powers of scrutiny.’

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Hardwicke Chambers, 12th February 2014

Source: www.hardwicke.co.uk

What are the Wider Implications of the Impending Tax Changes of Members of an LLP? – Littleton Chambers

Posted February 14th, 2014 in equality, law firms, limited liability partnerships, national insurance, news, taxation by sally

‘The impending tax changes for the taxation of the members of LLP have been generating significant concerns, not only for our LLP clients but also Law firms themselves. The prospect of firms having a NIC liability, and the tax consequences for individual members themselves, have concentrated legal minds both internally and externally.’

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Littleton Chambers, 4th February 2014

Source: www.littletonchambers.com

When is it just to rectify the register of town or village greens under section 14 of the Commons Registration Act 1965? – New Square Chambers

Posted February 14th, 2014 in commons, land registration, news, rectification by sally

‘An erroneous decision to register land as a village green is catastrophic for the owner. Once
registered as a green, the land is effectively sterilised for ever. To put right a mistaken registration is not at all easy. This is for two reasons.’

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New Square Chambers, 7th February 2014

Source: www.newsquarechambers.co.uk

Judicial Review In Planning – Further Changes Are Afoot! –

Posted February 14th, 2014 in costs, judicial review, news, planning, protective costs orders by sally

‘Following recent announcements in the press, including a front page headline in The Times this week, the Government published the Criminal Justice and Courts Bill on Wednesday, 5 February 2014. Part 4 of the Bill contains a number of important changes to be introduced which seek, in the words of the Lord Chancellor, to prevent judicial review from being a “brake on growth”. However, whilst it has been reported in the national press that the proposals mean that only individuals or groups with a financial interest in a case will be able to bring a challenge, this is inaccurate. The Government originally proposed narrowing the test for standing so as to restrict the availability of judicial review to those with a “direct interest” but that proposal has now been dropped.’

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No. 5 Chambers, 6th February 2014

Source: www.no5.com

Cramaso LLP v Ogilvie-Grant (Earl of Seafield) and others – WLR Daily

Posted February 14th, 2014 in duty of care, law reports, leases, limited liability partnerships, misrepresentation, negligence, Scotland by sally

Cramaso LLP v Ogilvie-Grant (Earl of Seafield) and others [2014] UKSC 9; [2014] WLR (D) 64

‘A contracting party could be liable in negligence for a representation made in pre-contractual negotiations which induced the conclusion of the contract by someone other than the original representee.’

WLR Daily, 12th February 2014

Source: www.iclr.co.uk

Regina (Thompson) v Oxford City Council (Spearmint Rhino Ventures (UK) Ltd intervening) – WLR Daily

Posted February 14th, 2014 in law reports, licensing, local government, sex establishments by sally

Regina (Thompson) v Oxford City Council (Spearmint Rhino Ventures (UK) Ltd intervening) [2014] EWCA Civ 94; [2014] WLR (D) 62

‘Where an application was made to renew a sexual entertainment venue licence, the decision maker had to have due regard to fact that the earlier licence had been granted. If no relevant circumstances had changed, he was required to give his reasons for departing from the previous decision when renewal was refused.’

WLR Daily, 11th February 2014

Source: www.iclr.co.uk

Regina (A) v Chief Constable of C Constabulary – WLR Daily

Posted February 14th, 2014 in criminal records, judicial review, law reports, police, vetting by sally

Regina (A) v Chief Constable of C Constabulary [2014] EWHC 216 (Admin); [2014] WLR (D) 63

‘The proper application of the non police personnel vetting process set out in the national vetting policy devised by the Association of Chief Police Officers required the adoption of a two-stage test, namely: (i) whether there were reasonable grounds for suspecting that X was or had been involved in criminal activity; and (ii) if so, whether it was appropriate in all the circumstances for security clearance to be refused.’

WLR Daily, 12th February 2014

Source: www.iclr.co.uk

Reforms to help reduce reoffending come into force – Ministry of Justice

Posted February 14th, 2014 in criminal records, news, rehabilitation, time limits by sally

‘Reforms which will cut the amount of time some offenders need to disclose details of any low level convictions will come into effect next month, Justice Minister Simon Hughes said today.’

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Ministry of Justice, 13th February 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Fees under the Licensing Act 2003 – Home Office

Posted February 14th, 2014 in fees, licensing, news by sally

‘The Licensing Act 2003 (the 2003 Act) regulates the sale of alcohol, the provision of late night refreshment and regulated entertainment in England and Wales, and is primarily administered by local authorities, acting in their capacity as licensing authorities. Licensing fees are intended to recover the costs that licensing authorities incur in carrying out these licensing functions. Licensing fees are payable to licensing authorities by holders of licences and certificates, and those making applications or issuing notices. This can include, for example, pubs, shops, restaurants and private members’ clubs (such as working men’s clubs).’

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Home Office, 13th February 2014

Source: www.gov.uk/home-office

The British and Europe – Lord Neuberger, President of the Supreme Court

Posted February 14th, 2014 in constitutional law, EC law, human rights, lectures, news by sally

The British and Europe (PDF)

Lord Neuberger, President of the Supreme Court

Cambridge Freshfields Annual Law Lecture, 12th February 2014

Source: www.supremecourt.uk

Asaad v Kurter: The latest round in ‘non-marriage’ cases – is the tide turning? – Family Law Week

Posted February 14th, 2014 in conflict of laws, divorce, marriage, news by sally

‘Lily Mottahedan, barrister at 1 Hare Court, examines the court’s approach in determining whether a marriage was a “non-marriage” or a “void” or “valid” in the recent High Court judgment in Asaad v Kurter [2013] EWHC 3852 (Fam).’

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Family Law Week, 12th February 2014

Source: www.familylawweek.co.uk

Dave Lee Travis found not guilty: Verdict on veteran DJ leaves Operation Yewtree bereft of credibility – The Independent

Posted February 14th, 2014 in assault, news, prosecutions, sexual offences by sally

‘The decision to prosecute historic sex abuse cases involving celebrity defendants has been called into question after veteran DJ Dave Lee Travis was acquitted of 12 sexual assault charges in the first high-profile trial brought by Operation Yewtree.’

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The Independent, 13th February 2014

Source: www.independent.co.uk

Heather Arthur murder: Husband jailed for life – BBC News

Posted February 14th, 2014 in domestic violence, murder, news, sentencing by sally

‘A man who stabbed his wife to death after discovering she was having an affair has been jailed for life.’

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BBC News, 13th February 2014

Source: www.bbc.co.uk

Domestic violence experienced by 30% of female population, survey shows – The Guardian

Posted February 14th, 2014 in domestic violence, news, statistics by sally

‘More than 1.1 million or 7% of women and 720,000 or 4% of men have been victims of some kind of domestic abuse in the past year, official crime figures reveal.’

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The Guardian, 13th February 2014

Source: www.guardian.co.uk

Man who murdered four-year-old Riley Turner given whole-life sentence – The Guardian

Posted February 14th, 2014 in children, murder, news, sentencing by sally

‘A man has been told he will never be released from prison after admitting the murder of a “happy and bubbly” four-year-old boy.’

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The Guardian, 13th February 2014

Source: www.guardian.co.uk

Judiciary mulls allowing parties to agree time extensions between themselves – Litigation Futures

Posted February 14th, 2014 in civil procedure rules, news, practice directions, time limits by sally

‘The judiciary is considering a change to model directions that would allow parties to agree a 28-day extension to time limits without the need for court approval, it has emerged.’

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Litigation Futures, 13th February 2014

Source: www.litigationfutures.com

High Court upholds permission for 200 York homes – OUT-LAW.com

Posted February 14th, 2014 in appeals, housing, local government, news, planning by sally

‘A planning inspector’s decision to grant planning permission for a residential development with no affordable housing to prevent a delay in the contribution the development would make to the local authority’s housing land supply was rational and supported by sufficient reasons, a High Court judge has ruled.’

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OUT-LAW.com, 13th February 2014

Source: www.out-law.com

Police watchdog investigates vigilante murder of disabled Iranian refugee – The Guardian

Posted February 14th, 2014 in complaints, misfeasance in public office, murder, news, police by sally

‘Police watchdog investigators are carrying out house-to-house inquiries in the Bristol street where a disabled Iranian refugee was murdered by a vigilante who wrongly believe him to be a paedophile.’

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The Guardian, 13th February 2014

Source: www.guardian.co.uk