Supreme Court clarifies law on leasehold service charges – Law Society’s Gazette

Posted February 9th, 2023 in landlord & tenant, leases, news, service charges, Supreme Court by sally

‘Landlords of a block of 38 flats in Swansea, Hampshire, are entitled to vary service charges levied on leaseholders, five Supreme Court justices ruled today in a clarification of part of the Landlord and Tenant Act 1985. The dismissal of the tenants’ appeal was the fourth ruling in a dispute which began when leaseholders objected to the re-apportioning of the charges above those stated on their leases.’

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Law Society's Gazette, 8th February 2023

Source: www.lawgazette.co.uk

Shell directors personally sued over ‘flawed’ climate strategy – The Guardian

Posted February 9th, 2023 in climate change, company directors, company law, energy, news by sally

‘The directors of oil major Shell are being personally sued over their climate strategy, which the claimants say is inadequate to meet climate targets and puts the company at risk as the world switches to clean energy.’

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The Guardian, 9th February 2023

Source: www.theguardian.com

Wikipedia information “undermining quality of judgments” – Legal Futures

Posted February 9th, 2023 in internet, Ireland, judgments, judiciary, news, reasons by sally

‘The widespread use of online source Wikipedia by senior judges could mean fake information spreading, leading to bad judgments, an update of research first revealed last year has warned.’

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Legal Futures, 8th February 2023

Source: www.legalfutures.co.uk

Wood burners in effect banned in new and refurbished homes in London – The Guardian

Posted February 9th, 2023 in energy, housing, local government, London, news, planning, pollution by sally

‘Wood burners have been in effect banned in new and refurbished buildings in London. New planning guidance announced by the mayor sets air pollution limits for home and office developments that would not be met if burners for wood or other solid fuels were installed.’

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The Guardian, 8th February 2023

Source: www.theguardian.com

Doncaster paedophile jailed for aiming gun at police in bid to be shot – BBC News

Posted February 9th, 2023 in child abuse, firearms, mental health, news, police, sentencing, sexual offences by sally

‘A paedophile shot by police after threatening officers with a gun wanted to “get himself killed”, a court heard.’

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BBC News, 8th February 2023

Source: www.bbc.co.uk

New Judgment: James Hugh Allister and others and Clifford Peeples v the Secretary of State for Northern Ireland and others [2023] UKSC 5 – UKSC Blog

‘These proceedings challenge the lawfulness of the Northern Ireland Protocol (“the Protocol”), which formed part of the agreement between the United Kingdom (“the UK”) and the European Union (“the EU”) regarding the UK’s exit from the EU. The Protocol was given legal effect by section 7A (“section 7A”) of the European (Withdrawal) Act 2018 (“the 2018 Act”).’

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UKSC Blog, 8th February 2023

Source: ukscblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted February 9th, 2023 in legislation by sally

SI 2023/107 – The Annual Tax on Enveloped Dwellings (Indexation of Annual Chargeable Amounts) Order 2023

SI 2023/106 – The Trade in Endangered Species of Wild Fauna and Flora (Council Regulation (EC) No 338/97) (Amendment) Regulations 2023

SI 2023/105 – The Civil Procedure (Amendment) Rules 2023

SI 2023/117 – The Pension Protection Fund and Occupational Pension Schemes (Levy Ceiling) (No. 2) Order 2023

SI 2023/116 – The Pension Protection Fund and Occupational Pension Schemes (Levy Ceiling) Order 2023

SI 2023/113 – The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) Regulations 2023

SI 2023/112 – The State Immunity Act 1978 (Remedial) Order 2023

SI 2023/111 – The Immigration (Leave to Enter and Remain) (Amendment) Order 2023

SI 2023/109 – The Product Security and Telecommunications Infrastructure Act 2022 (Commencement No. 1) Regulations 2023

SI 2023/124 – The Market Measures Payment Schemes (Amendments, Revocation and Transitional Provision) (England) Regulations 2023

SI 2023/118 – The Climate Change (Targeted Greenhouse Gases) Order 2023

SI 2023/115 – The Elections Act 2022 (Commencement No. 7) Regulations 2023

SI 2023/131 – The Food Supplements and Food for Specific Groups (Miscellaneous Amendments) (No. 2) Regulations 2023

SI 2023/129 – The Education (Student Loans) (Repayment) (Amendment) Regulations 2023

SI 2023/127 – The Feed-in Tariffs (Amendment) Order 2023

SI 2023/126 – The Building Safety (Leaseholder Protections) (England) (Amendment) Regulations 2023

SI 2023/123 – The Civil Contingencies Act 2004 (Amendment of List of Responders) Order 2023

SI 2023/121 – The Sanctions (Humanitarian Exception) (Amendment) Regulations 2023

SI 2023/134 – The Bereavement Benefits (Remedial) Order 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 9th, 2023 in law reports by sally

Supreme Court

Allister & Peeples, Re Applications for Judicial Reviews (Northern Ireland) [2023] UKSC 5 (08 February 2023)

Aviva Investors Ground Rent GP Ltd & Anor v Williams & Anor [2023] UKSC 6 (08 February 2023)

Court of Appeal (Civil Division)

Ashchurch Rural Parish Council, R (On the Application Of) v Tewksbury Borough Council [2023] EWCA Civ 101 (07 February 2023)

Court of Appeal (Criminal Division)

Zuman v R. [2023] EWCA Crim 79 (06 February 2023)

High Court (Administrative Court)

K, R (On the Application Of) v Secretary of State for Work And Pensions [2023] EWHC 233 (Admin) (07 February 2023)

MQ, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 205 (Admin) (07 February 2023)

High Court (Chancery Division)

Ineos Upstream Ltd & Ors v Persons Unknown & Ors (Re Costs) [2023] EWHC 214 (Ch) (08 February 2023)

Cheung & Anor v Mackenzie (Rev1) [2023] EWHC 220 (Ch) (08 February 2023)

Haider v Delma Enineering Projects Company LLC & Ors [2023] EWHC 218 (Ch) (07 February 2023)

Wright & Ors v BTC Core & Ors [2023] EWHC 222 (Ch) (07 February 2023)

Leon v Kensington Mortgage Company Ltd & Anor [2023] EWHC 121 (Ch) (06 February 2023)

Gosling & Anor v Bradbury & Anor [2023] EWHC 199 (Ch) (06 February 2023)

High Court (Family Division)

PZ v TB [2023] EWHC 243 (Fam) (08 February 2023)

SKJ v SLJ [2023] EWHC 246 (Fam) (08 February 2023)

High Court (King’s Bench Division)

Camberley Group PLC v Foster & Ors (Re Costs) [2023] EWHC 248 (KB) (08 February 2023)

Shehabi & Anor v Kingdom of Bahrain [2023] EWHC 89 (KB) (08 February 2023)

Jones & Ors v Chapel-En-Le-Frith Council [2023] EWHC 200 (KB) (07 February 2023)

Holman Fenwick Willan LLP v Samady [2023] EWHC 125 (KB) (06 February 2023)

Somoye v North West Anglia NHS Foundation Trust [2023] EWHC 191 (KB) (06 February 2023)

Source: www.bailii.org

Kaylea Titford’s father found guilty of killing her by letting her become obese – The Guardian

‘A man has been found guilty of killing his disabled daughter by allowing her to become fatally obese and die in squalor.’

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The Guardian, 7th February 2023

Source: www.theguardian.com

Insulate Britain activist jailed for eight weeks for contempt of court – The Guardian

‘An environmental activist has been jailed for eight weeks after disobeying a judge’s instruction not to mention the climate crisis as his motivation during his trial for taking part in a road-blocking protest.’

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The Guardian, 7th February 2023

Source: www.theguardian.com

Gordon Guthrie: Brown vs Dewar – The Labour Commission on the UK’s Future – UK Constitutional Law Association

‘With the publication of Labour’s Commission on the UK’s Future it is worth contrasting the approach that Gordon Brown and his colleagues have taken with the very successful devolutionary legacy of Donald Dewar.’

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UK Constitutional Law Association, 8th February 2023

Source: ukconstitutionallaw.org

Law Commission launches review of “fragmented and complex” compulsory purchase laws – Local Government Lawyer

‘The Law Commission has announced it will launch a review of the legislation governing compulsory purchase, with a view to making the law “simpler, consistent and more accessible”.’

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Local Government Lawyer, 7th February 2023

Source: www.localgovernmentlawyer.co.uk

Review of UK Prevent strategy to call for more focus on Islamist terrorism – The Guardian

Posted February 8th, 2023 in government departments, Islam, mental health, news, statistics, terrorism by sally

‘A long-awaited report on the government’s counter-extremism programme is expected to call for its focus to shift more towards Islamist terrorism instead of rightwing terrorism.’

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The Guardian, 7th February 2023

Source: www.theguardian.com

Public Order Bill: Peers defeat plans to curb protest disruption – BBC News

Posted February 8th, 2023 in bills, demonstrations, freedom of expression, human rights, news, police, public order by sally

‘The House of Lords has overturned plans to clamp down on protest marches that cause too much disruption.’

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BBC News, 7th February 2023

Source: www.bbc.co.uk

Shelter to challenge Home Office plan to uproot Afghan refugees – The Guardian

‘Home Office plans to uproot Afghan refugees from a London hotel and move them hundreds of miles from their children’s schools could result in a court battle, a lawyer has warned.’

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The Guardian, 7th February 2023

Source: www.theguardian.com

Ombudsman sees “significant increase” in heating and hot water cases – Local Government Lawyer

Posted February 8th, 2023 in complaints, housing, landlord & tenant, local government, news, ombudsmen, statistics by sally

‘The Housing Ombudsman has revealed that it has seen a 60% increase in complaints on heating and hot water, with 1,600 received in 2021/22 and 1,491 received already in 2022/23.’

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Local Government Lawyer, 7th February 2023

Source: www.localgovernmentlawyer.co.uk

Northern Ireland Protocol is lawful, Supreme Court rules – BBC News

Posted February 8th, 2023 in appeals, brexit, government departments, news, Northern Ireland, Supreme Court by sally

‘The Northern Ireland Protocol is lawful, the UK Supreme Court has ruled.’

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BBC News, 8th February 2023

Source: www.bbc.co.uk

Defendants of colour more likely to be charged than white people, finds CPS study – The Guardian

‘Black and minority ethnic defendants are significantly more likely to be charged for a comparable offence than white British defendants in England and Wales, a study commissioned by the Crown Prosecution Service (CPS) has found.’

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The Guardian, 7th February 2023

Source: www.theguardian.com

Case Preview: Wolverhampton City Council and others v London Gypsies and Travellers and others – UKSC Blog

Posted February 7th, 2023 in injunctions, local government, news, Supreme Court, travellers, trespass by sally

‘In this post, Frankie McPeanne, a trainee solicitor, and Emma Pinkerton, a Partner, both in the Real Estate Disputes team at CMS, preview the decision awaited from the Supreme Court in Wolverhampton City Council and others (Respondents) v London Gypsies and Travellers and others (Appellants), which is due to be heard on 8 February 2023.’

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UKSC Blog, 6th February 2023

Source: ukscblog.com

Macclesfield fantasist who claimed Tyson Fury link jailed for rapes – BBC News

Posted February 7th, 2023 in assault, coercive & controlling behaviour, news, rape, sentencing by sally

A “violent bully” who falsely claimed to be related to boxing champion Tyson Fury has been jailed for raping and coercing three women.

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BBC News, 7th February 2023

Source: www.bbc.co.uk