Supreme Court ruling on trustee mistakes “likely to create uncertainty”, says expert – OUT-LAW.com

“A Supreme Court ruling on the circumstances in which courts can set aside decisions made wrongly by trustees is ‘likely to create uncertainty’ due to the subjective nature of the test, an expert has said.”

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OUT-LAW.com, 10th May 2013

Source: www.out-law.com

Yet another one…NearlyLegal

Posted May 13th, 2013 in appeals, enfranchisement, housing, leases, news by sally

“The Leasehold Reform Act 1967 gives qualifying long leaseholders of houses the right, inter alia, to acquire the freehold. The definition of ‘house’ is quite technical, but, in essence, it turns on whether it could reasonably be called a house (even if it could reasonably be called something else). There is a quite eye-watering amount of law on this issue, most recently Day v Hosebay Ltd; Howard de Walden v Lexgorge [2012] UKSC 41.”

Full story

NearlyLegal, 12th May 2013

Source: www.nearlylegal.co.uk

To be incurred or not to be incurred? – NearlyLegal

Posted May 13th, 2013 in appeals, landlord & tenant, news, service charges by sally

“Those with good memories will remember that a year or so ago the Upper Tribunal gave judgment in a case called Om Property Management Ltd v Burr (our note here) in which the issue was at what point in time does a cost became incurred for the purposes of s.20B, Landlord and Tenant Act 1985. It decided that costs became incurred on the presentation of an invoice or on payment. Mr Burr appealed against that decision and the Court of Appeal recently gave its judgment on the subject.”

Full story

NearlyLegal, 10th May 2013

Source: www.nearlylegal.co.uk

Making your child go to school: teenager’s chaotic lifestyle and parent’s inability to control not a defence to prosecution – Education Law Blog

Posted May 13th, 2013 in interpretation, news, parental responsibility, school children by sally

“As all education lawyers know, the parent of a child who fails to attend school regularly commits a criminal offence punishable by a fine of up to £1000 (section 444(1) of the Education Act 1996). If the parent knows her child is failing to attend school and fails to cause her to do so, the ‘aggravated’ form of the offence (section 444(1A)) is committed which is punishable by a fine of up to £2500 and/or up to 3 months’ imprisonment. One of the statutory defences to both charges is that the child was prevented from attending ‘by reason of sickness or any unavoidable cause’ (section 444(2A)). It is a defence to the aggravated charge to prove reasonable justification for the failure to cause the child to attend (section 444(1B)).”

Full story

Education Law Blog, 10th May 2013

Source: www.education11kbw.com

Finance and Divorce May 2013 update – Family Law Week

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the April financial remedies and divorce news and cases.”

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Family Law Week, 12th May 2013

Source: www.familylawweek.co.uk

Stephen Lawrence murder: David Norris refused right to appeal – The Guardian

Posted May 13th, 2013 in appeals, murder, news, racism by sally

“Court of appeal rejects application by David Norris to appeal against conviction for 1993 racist murder.”

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The Guardian, 10th May 2013

Soruce: www.guardian.co.uk

Derbyshire father Nathan Pick jailed for seven years for killing baby son – The Guardian

“A father has been jailed for seven years after admitting killing his disabled seven-month-old son. Nathan Pick, 38, lashed out at the baby, James-Lee, because he could not get him to stop screaming.”

Full story

The Guardian, 10th May 2013

Source: www.guardian.co.uk

Papers drop veto on watchdog appointments – BBC News

Posted May 13th, 2013 in inquiries, media, news, ombudsmen, professional conduct, regulations, veto by sally

“Newspaper owners have backed down on demands to have a veto over the board members of any new press regulator.”

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BBC News, 10th May 2013

Source: www.bbc.co.uk

Aberystwyth doctor six-month ban for ‘flirting’ texts – BBC News

“A doctor who worked at Aberystwyth’s Bronglais hospital has been struck off for six months after sending flirtatious texts messages.”

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BBC News, 10th May 2013

Source: www.bbc.co.uk

Dental nurse wins case after being given written warning for eating apple – Daily Telegraph

“A dental nurse who was given a written warning by bosses for eating an apple has won a case for constructive dismissal against the surgery.”

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Daily Telegraph, 9th May 2013

Source: www.telegraph.co.uk

WPc’s cut thumb will cost force £100,000 – Daily Telegraph

“Taxpayers were last night facing a legal bill of at least £100,000 after a long-standing compensation row involving a female police officer who cut her thumb while on duty.”

Full story

Daily Telegraph, 10th May 2013

Source: www.telegraph.co.uk

NHS ‘cover-up culture’ to be tackled with fines – The Guardian

“Hospitals that give false information about death rates will face unlimited fines under new powers aimed at preventing another Mid-Staffordshire-style health scandal.”

Full story

The Guardian, 10th May 2013

Source: www.guardian.co.uk

Chris Huhne and ex-wife Vicky Pryce freed from prison early – The Guardian

Posted May 13th, 2013 in costs, early release, news, perverting the course of justice by sally

“Ex-minister and former wife released after serving a quarter of sentences for perverting course of justice.”

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The Guardian, 13th May 2013

Source: www.guardian.co.uk

Solicitor James Watson attacks police ‘vendetta’ – The Independent

“A defence solicitor who secured more than £500,000 in damages from a police force after he was wrongly arrested says officers mounted a ‘vendetta’ against him.”

Full story

The Independent, 11th May 2013

Source: www.independent.co.uk

Bedfordshire child cruelty hoarders get suspended sentence – BBC News

Posted May 13th, 2013 in child cruelty, news, sentencing, suspended sentences by sally

“A couple who filled their home with junk have been given suspended prison sentences for child cruelty.”

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BBC News, 10th May 2013

Source: www.bbc.co.uk

Inquiry into CofE cleric abuse claim set up – BBC News

Posted May 13th, 2013 in child abuse, Church of England, negligence, news, sexual offences by sally

“Archbishop of York John Sentamu is setting up an independent inquiry into allegations of sexual abuse made against a Church of England cleric.”

Full story

BBC News, 12th may 2013

Source: www.bbc.co.uk

Husband killed and burnt wife, then took world trip on her cash – Daily Telegraph

Posted May 13th, 2013 in domestic violence, murder, news, sentencing, theft by sally

“Jamie Starbuck, 36, was jailed for life after admitting murdering and disposing of his wife Debbie’s body before fleeing Britain.”

Full story

Daily Telegraph, 11th may 2013

Source: www.telegraph.co.uk

Peers clash over right-to-die ‘spin’ – Daily Telegraph

Posted May 13th, 2013 in appeals, assisted suicide, barristers, bills, doctors, euthanasia, murder, news by sally

“Lord Carlile of Berriew QC said that plans due to be put before Parliament by
Lord Falconer on Wednesday to allow doctors to help terminally ill people to die
would not ‘pass the public safety test’. Lord Carlile makes his warning, in an
article in today’s Sunday Telegraph, as the biggest combined assault on
Britain’s ban on euthanasia for a generation is about to be instigated.”

Full text

Daily Telegraph, 11th May 2013

Source: www.telegraph.co.uk

BNY Corporate Trustee Services Limited and others (Respondents) v Neuberger Berman Europe Ltd(on behalf of Sealink Funding Ltd) and others (Appellants); BNY Corporate Trustee Services Limited and others (Respondents) v Eurosail-UK 2007-3BL PLC (Appellant) – Supreme Court

Posted May 10th, 2013 in company law, debts, insolvency, law reports, Supreme Court, winding up by sally

BNY Corporate Trustee Services Limited and others (Respondents) v Neuberger Berman Europe Ltd(on behalf of Sealink Funding Ltd) and others (Appellants); BNY Corporate Trustee Services Limited and others (Respondents) v Eurosail-UK 2007-3BL PLC (Appellant) [2013] UKSC 28 (YouTube)

Supreme Court, 9th May 2013

Source: www.youtube.com/user/UKSupremeCourt

Futter and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent); Pitt and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent) – Supreme Court

Posted May 10th, 2013 in law reports, mistake, Supreme Court, taxation, trusts by sally

Futter and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent); Pitt and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent) [2013] UKSC 26 (YouTube)

Supreme Court, 9th May 2013

Source: www.youtube.com/user/UKSupremeCourt