HB and Exempt accommodation: unreasonably high rent – NearlyLegal

Posted January 24th, 2014 in benefits, housing, landlord & tenant, news, rent, service charges by sally

‘I admit that SS v Birmingham CC [2013] UKUT 418 (AAC) has been on my to do list for a while and that, possibly, the main reason for finding the time to write it up is because I’m on a two hour strike (#fairpayinHE). But, it is a really quite important case about the application of the unreasonably high rent rule for “exempt accommodation” in Reg 13 and Sch 3 of the 2006 Housing Benefit regs. The principal question of law concerns the meaning of “suitable alternative accommodation” in those regs.’

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NearlyLegal, 23rd January 2014

Source: www.nearlylegal.co.uk

We need to talk about Denning – Halsbury’s Law Exchange

Posted January 24th, 2014 in advocacy, judges, judgments, news, precedent by sally

‘It’s a familiar scenario to any lawyer.

You’re reading a practitioner handbook and see a case referred to that seems just a little bit odd.

You read the summary in the footnotes and can’t believe it really says that and, before you know it, you’ve been side-tracked from your original research plan into actually getting a copy of the case.’

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Halsbury’s Law Exchange, 23rd January 2014

Source: www.halsburyslawexchange.co.uk

Sean Turner: Inquest rules ‘lost opportunities’ in four-year-old’s care – The Independent

Posted January 24th, 2014 in children, hospitals, inquests, medical treatment, news by sally

‘A Bristol hospital has apologised over the treatment a four-year-old heart patient received on a ward after his parents condemned his care as “shambolic”.’

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The Independent, 23rd January 2014

Source: www.independent.co.uk

Mark Elliot: Reflections on the HS2 case: a hierarchy of domestic constitutional norms and the qualified primacy of EU law – UK Constitutional Law Group

Posted January 24th, 2014 in bills, consultations, EC law, environmental protection, local government, news, railways, Supreme Court by sally

‘Earlier this week, the UK Supreme Court gave judgment in R (HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3. A good overview of the issues at stake in the case can be found in the Court’s press summary, as well as in a post by David Hart on the UK Human Rights Blog. This post is concerned only with one aspect of the decision, and with some very interesting dicta concerning not only the relationship between UK and EU law, but the nature of the UK’s constitutional order itself.’

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UK Constitutional Law Group, 23rd January 2014

Source: www.ukconstitutionallaw.org

Guarantor was released from obligations when alterations to property were made without its consent, Appeal Court confirms – OUT-LAW.com

Posted January 24th, 2014 in insolvency, landlord & tenant, leases, news, rent, surety by sally

‘The guarantor of an insolvent commercial tenant cannot be held liable for outstanding obligations if changes were made to the lease without its consent which had the “potential” to increase the burden on the guarantor, the Court of Appeal has confirmed.’

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OUT-LAW.com, 23rd January 2014

Source: www.out-law.com

Philpott deaths ‘not preventable’, according to serious case review – The Guardian

Posted January 24th, 2014 in children, domestic violence, homicide, news, reports, social services by sally

‘The deaths of the six Philpott children in a house fire started by their parents “could not have been predicted or prevented”, a serious case review has found.’

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The Guardian, 24th January 2014

Source: www.guardian.co.uk

Supreme Court rules will is valid despite admin error – Daily Telegraph

Posted January 24th, 2014 in appeals, mistake, news, rectification, Supreme Court, wills by sally

‘Alfred and Maureen Rawlings’ wills were contested after a clerical error saw them sign each other’s paperwork.’

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Daily Telegraph, 23rd January 2014

Source: www.telegraph.co.uk

Tommy Robinson, former EDL leader, jailed for fraud – BBC News

Posted January 24th, 2014 in fraud, mortgages, news, sentencing by sally

‘Former English Defence League leader Tommy Robinson, whose real name is Stephen Yaxley-Lennon, has been jailed for 18 months for mortgage fraud.’

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BBC News, 23rd January 2014

Source: www.bbc.co.uk

New Year, new tort of misuse of private information – UK Human Rights Blog

Posted January 24th, 2014 in data protection, internet, jurisdiction, misuse of private information, news, statutory duty by sally

‘A group of UK Google users called ‘Safari Users Against Google’s Secret Tracking’ have claimed that the tracking and collation of information about of their internet usage by Google amounts to misuse of personal information, and a breach of the Data Protection Act 1998. The Judge confirmed that misuse of personal information was a distinct tort. He also held that the English courts had jurisdiction to try the claims.’

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UK Human Rights Blog, 23rd January 2013

Source: www.ukhumanrightsblog.com

The mysterious case of the falling criminal offences: burglary and murders down again, statistics show – The Independent

Posted January 24th, 2014 in crime, news, statistics by sally

‘The public does not believe it and ministers privately admit they do not fully understand the reasons for it – but crime is continuing to fall sharply.’

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The Independent, 23rd January 2014

Source: www.independent.co.uk

Woman guilty of acid attack on friend while disguised in niqab – The Guardian

Posted January 24th, 2014 in assault, grievous bodily harm, news by sally

‘A business student is facing jail after being found guilty of an acid attack that left a friend scarred for life.’

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The Guardian, 23rd January 2014

Source: www.guardian.co.uk

Judges to hear whole-life term challenges – BBC News

Posted January 24th, 2014 in appeals, human rights, murder, news, parole, sentencing by sally

‘The Court of Appeal is due to hear major challenges to whole-life terms given to some killers.’

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BBC News, 24th January 2014

Source: www.bbc.co.uk

Command Papers – official-documents.gov.uk

Posted January 23rd, 2014 in parliamentary papers by sally

The UK’s relations with Saudi Arabia and Bahrain, Cm. 8780 (PDF)

Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment, Cm. 8787 (PDF)

Convention on International Interests in Mobile Equipment, Cm. 8786 (PDF)

Transforming Youth Custody Government response to the consultation, Cm. 8792 (PDF)

Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Council of Ministers of the Republic of Albania for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital, Cm. 8785 (PDF)

Protocol amending the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital Gains, Cm. 8784 (PDF)

Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital Gains, Cm. 8783 (PDF)

Source: www.official-documents.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 23rd, 2014 in legislation by sally

The Iran (European Union Financial Sanctions) (Amendment) Regulations 2014

The Electricity (Exemption from the Requirement for a Generation Licence) (Berry Burn) Order 2014

The Port Security (Port of Medway) Designation Order 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 23rd, 2014 in law reports by sally

Court of Appeal (Civil Division)

The Free Grammar School of John Lyon (The Keepers and Governors of the Possessions, Revenues and Goods of) v Helman [2014] EWCA Civ 17 (22 January 2014)

Haxton v Philips Electronics UK Ltd [2014] EWCA Civ 4 (22 January 2014)

Slattery v Basildon Borough Council [2014] EWCA Civ 30 (22 January 2014)

High Court (Queen’s Bench Division)

Shearman (t/a Charles Shearman Agencies) v Hunter Boot Ltd [2014] EWHC 47 (QB) (22 January 2014)

High Court (Family Division)

Ramet, Re application for the committal to prison [2014] EWHC 56 (Fam) (22 January 2014)

Nightingale v Nightingale [2014] EWHC 77 (Fam) (17 January 2014)

High Court (Administrative Court)

Padden, R (on the application of) v Maidstone Borough Council & Ors [2014] EWHC 51 (Admin) (22 January 2014)

Source: www.bailii.org

United Kingdom v European Parliament and another – WLR Daily

Posted January 23rd, 2014 in EC law, financial regulation, law reports, regulations by sally

United Kingdom v European Parliament and another (Case C-270/12); [2014] WLR (D) 17

‘The powers available to ESMA under article 28 of Parliament and Council Regulation (EU) No 236/2012 of 14 March 2012 on short selling and certain aspects of credit default swaps (OJ 2012 L86, p 1) were precisely delineated and amenable to judicial review in the light of the objectives established by the delegating authority. Accordingly, those powers did not imply that ESMA was vested with a “very large measure of discretion” that was incompatible with the FEU Treaty.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Davis and another v Price and another – WLR Daily

Posted January 23rd, 2014 in appeals, bankruptcy, debts, individual voluntary arrangements, law reports, news by sally

Davis and another v Price and another [2014] EWCA Civ 26; [2014] WLR (D) 16

‘The reference to a “further meeting” in section 262(4)(b) of the Insolvency Act 1986 in relation to a nominee was a reference to a “further meeting under section 257” of the Act.’

WLR Daily, 21st January 2014

Source: www.iclr.co.uk

Marley v Rawlings and another – WLR Daily

Posted January 23rd, 2014 in appeals, law reports, mistake, rectification, solicitors, Supreme Court, wills by sally

Marley v Rawlings and another [2014] UKSC 2; [2014] WLR (D) 18

A will did not have to satisfy the requirements for formal validity prescribed by section 9 of the Wills Act 1837, as amended, or have the testator’s knowledge and approval before it could be treated as a “will” which was capable of being rectified under section 20 of the Administration of Justice Act 1982.

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Launch of the Bar Standards Board handbook; challenges and opportunities – Attorney General’s Office

Posted January 23rd, 2014 in alternative business structures, barristers, legal aid, legal profession, news, quality assurance, speeches by sally

‘Attorney General Dominic Grieve QC MP keynote speech at the launch of new Bar Standards Board handbook.’

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Attorney General’s Office,

Source: www.gov.uk/ago

Pulling back the curtain of privacy in family and Court of Protection proceedings – Halsbury’s Law Exchange

Posted January 23rd, 2014 in anonymity, Court of Protection, family courts, media, news, privacy, reporting restrictions by sally

‘New guidance on transparency in proceedings has been published by the President of the Family Division and of the Court of Protection, Sir James Munby.’

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Halsbury’s Law Exchange, 23rd January 2014

Source: www.halsburyslawexchange.co.uk