31 days later: Failure to comply with s 213 of the Housing Act 2004 – Hardwicke Chambers
“The Tenancy Deposit Scheme came into force on 6th April 2007. After the Court of Appeal handing down a number of controversial ‘landlord friendly’ judgments on the meaning of ss 213-215 of Housing Act 2004 (‘the Act’), Parliament amended these provisions by s 184 of the Localism Act 2011 (‘2011 Act’). The amendments came into force on 6 April 2012. Since this date, there is a tough new world out there for unorganised or inexperienced landlords. This article seeks to set out what is required by landlords and what happens when things go wrong.”
Hardwicke Chambers, 30th November 2012
Source: www.hardwicke.co.uk
BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Imam-Sadeque v Bluebay Asset Management (Services) Ltd [2012] EWHC 3511 (QB) (10 December 2012)
High Court (Administrative Court)
High Court (Family Division)
B v A [2012] EWHC 3127 (Fam) (10 December 2012)
High Court (Technology and Construction Court)
Source: www.bailii.org
Outright or suspended – The correct approach in discretionary residential possession cases – Hardwicke Chambers
“On 29 November 2012 the Court of Appeal handed down judgment in Birmingham City Council v Mr Neil Ashton [2012] EWCA Civ 1557. Though the facts of the case were similar to many anti-social behaviour cases heard around the country it did throw up three particularly interesting areas of confirmation and clarification.”
Hardwicke Chambers, 3rd December 2012
Source: www.hardwicke.co.uk
Reducing the number and cost of whiplash claims – Ministry of Justice
“The Government is committed to finding ways of tackling fraudulent and exaggerated whiplash claims, whilst ensuring that people who have suffered a genuine neck injury should continue to be able to get appropriate compensation. However, increases in claims for compensation relating to whiplash injuries are having a significant impact on the motor insurance premiums paid by individuals, families and businesses.”
Ministry of Justice, 11th December 2012
Source: www.justice.gov.uk
Property development in a cold climate – Hardwicke Chambers
“In these somewhat tricky financial times, it is unsurprising that the Government is keen to persuade property developers to do their bit to kick-start the ailing economy by dusting off chunks of their carefully land-banked acreage and getting on with long-shelved construction projects. However, many things have changed in this post-banking-apocalypse world, and it is unlikely that developers will be in a position simply to take up projects exactly where they left off a few years ago. In addition to the obvious funding difficulties they now face, developers large and small will need to be alert to changes in planning policy and local needs since they put their projects on hold. These will be particularly relevant where the developer requires an extension of time on the original planning permission or where he wishes to escape from or mitigate the burden of an obligation previously accepted in order to obtain that permission or to deal with reserved matters.”
Hardwicke Chambers, 10th December 2012
Source: www.hardwicke.co.uk
Reforming Electoral Law in the UK – Law Commission
“The Law Commission has identified the areas of UK electoral law that will come under scrutiny in a forthcoming review. The review, which will be conducted jointly with the Scottish Law Commission and the Northern Ireland Law Commission, aims to reform the law relating to elections and referendums across the UK.”
Law Commission, 11th December 2012
Source: www.lawcommission.justice.gov.uk
Lord Chief Justice Issues Warning over Jurors – Judiciary of England and Wales
“The Court of Appeal (Criminal Division) heard appeals against conviction and sentence more quickly last year than in previous years according to the Court’s annual report published today (Tuesday 11 December).”
Judiciary of England and Wales, 11th December 2012
Source: www.judiciary.gov.uk
Recent Statutory Instruments – legislation.gov.uk
The Charities Act 2011 (Commencement No. 1) Order 2012
The Income Tax (Indexation) Order 2012
The Charitable Incorporated Organisations (General) Regulations 2012
The Climate Change Levy (General) (Amendment) (No. 2) Regulations 2012
The Disabled People’s Right to Control (Pilot Scheme) (England) (Amendment) Regulations 2012
The Taxation (International and Other Provisions) Act 2010 (Part 7) (Amendment) Regulations 2012
The Controlled Foreign Companies (Excluded Banking Business Profits) Regulations 2012
The Seed Marketing (Amendment) Regulations 2012
The Plant Health (England) (Amendment) (No.2) Order 2012
Source: www.legislation.gov.uk
Hillsborough inquests: attorney general moves to quash original verdicts – The Guardian
“The families of 96 Liverpool fans who died at Hillsborough in 1989 hailed the announcement yesterday that an application has been lodged by the attorney general to have the original inquests into the disaster quashed in the high court.”
The Guardian, 10th December 2012
Source: www.guardian.co.uk
GCSE grading row reaches high court – The Guardian
“Thousands of students could see their GCSE English grades increased retrospectively through a high court case beginning on Tuesday in which an alliance of schools, councils and pupils will argue that exam boards and the government’s qualifications watchdog acted illegally in changing grade boundaries midway through the 2012 exams season.”
The Guardian, 11th December 2012
Source: www.guardian.co.uk
Whiplash proposals target fraudulent claims with increase in RTA small claims limit to £5,000 – Litigation Futures
“The government will today finally unveil its long-awaited consultation on increasing the small claims limit for road traffic personal injury cases from £1,000 to £5,000, a move that would decimate the workload of many law firms.”
Litigation Futures, 11th December 2012
Source: www.litigationfutures.com
Anthony Lester: my vision of a Leveson law – The Guardian
“Use of the UK supreme court and judicial review can renew confidence in a system of self-regulation.”
The Guardian, 10th December 2012
Source: www.guardian.co.uk
Graffiti gang who caused £150,000 of damage ‘should be proud of their work’, says judge – Daily Telegraph
“A judge has imposed the ‘least possible sentence’ on gang of graffiti vandals who attacked the capital’s tube network, saying one had a ‘portfolio you would be proud of’.”
Daily Telegraph, 10th December 2012
Source: www.telegraph.co.uk
‘Snooper’s charter’ faces rough ride through parliament – The Guardian
“Civil liberties are said to have been the political glue that brought the two coalition parties together before the general election, and nothing joined them more strongly than their joint opposition to Labour’s ‘Big Brother’ database.”
The Guardian, 11th December 2012
Source: www.guardian.co.uk
Film classification of ‘sexual or sadistic violence’ to be tightened amid ‘torture porn’ controversy – The Independent
“Classification chiefs will tighten their policy on ‘sexual or sadistic violence’ after new research found public concern over its effect on ‘vulnerable viewers’.”
The Independent, 10th December 2012
Source: www.independent.co.uk
Royal hoax call could be an ‘offence under UK law’ – The Guardian
“The Australian radio DJs who made the hoax call to the hospital where the Duchess of Cambridge was being treated for acute morning sickness could have committed an offence under UK law, a leading barrister has said.”
The Guardian, 10th December 2012
Source: www.guardian.co.uk
Christopher Haughton guilty of trying to kill PCs in Kingsbury – BBC News
“A man has been found guilty of the attempted murder of two police officers and attacking two other PCs in a butcher’s shop in north-west London.”
BBC News, 10th December 2012
Source: www.bbc.co.uk
Application to quash the original Hillsborough inquest verdicts could be made today – The Independent
“An application to quash the original Hillsborough inquest verdicts could be made today, the Attorney General’s office said.”
The Independent, 10th December 2012
Source: www.independent.co.uk
