news – Page 447 – Current Awareness

Property Guardians and HMOs – on we go. – Nearly Legal

Posted October 11th, 2022 in houses in multiple occupation, licensing, local government, news by sally

‘Global Guardians Management Ltd & Ors v London Borough of Hounslow & Ors (2022) UKUT 259 (LC). This was Global Guardians’ appeal of an FTT decisions that occupation by property guardians was capable of making a property a licensable HMO, and that Global Guardians (and Global 100) were in control and/or management of the property. This was in two matters – one being Global’s appeal of civil penalties imposed by LB Hounslow, and the other being rent payment orders made against Global 100 in favour of guardian occupiers.’

Nearly Legal, 5th October 2022

Source: nearlylegal.co.uk

Understanding the risk of discharge of duty – Nearly Legal

Posted October 11th, 2022 in appeals, housing, interpreters, local government, news by sally

‘Our grateful thanks to Angharad Monk of Garden Court (and instructing solicitor Anne Spowart of Morrison Spowart) for this note of judgment in a section 204 Housing Act 1996 appeal of Waltham Forest’s decision to discharge duty. Mekonen v LB Waltham Forest, County Court at Central London, 8 August 2022.’

Nearly Legal, 9th October 2022

Source: nearlylegal.co.uk

Supreme Court rules on directors duty to act in interests of creditors – OUT-LAW.com

Posted October 11th, 2022 in company directors, debts, fiduciary duty, insolvency, news, statutory interpretation, Supreme Court by sally

‘Company directors need to remain wary of their duty to consider the interests of creditors in certain circumstances, despite a new UK Supreme Court ruling that they are likely to welcome, experts have said.’

OUT-LAW.com, 10th October 2022

Source: www.pinsentmasons.com

Kate Ollerenshaw: More Haste, Less Speed: Sunset Clauses in the Retained EU Law (Revocation and Reform) Bill – UK Constitutional Law Association

Posted October 11th, 2022 in brexit, constitutional law, EC law, news, regulations, statute law revision by sally

‘There are many points of note for those interested in Constitutional law in the recently published Retained EU Law (Revocation and Reform) Bill 2022 (“the Bill”). This post focuses on the proposal to bind the Government to accomplishing the complex process of assimilating desirable retained EU law into domestic legislation before a stated deadline using the sunsetting provisions in clauses 1 and 3 of the Bill. It asks why sunsetting is needed, suggesting the motivation lies, at least in part, in the Government’s desire to reap the so-called “Brexit dividend” by reducing the burden of regulation from EU-derived measures as quickly as possible. It goes on to question whether the sunset clauses will ultimately assist in that aim.’

UK Constitutional Law Association, 10th October 2022

Source: ukconstitutionallaw.org

Nearly 240 applications made for deprivation of liberty for children in first two months of new national court – Local Government Lawyer

Posted October 11th, 2022 in children, deprivation of liberty safeguards, local government, news, statistics by sally

‘There were 237 applications to deprive children of their liberty in the first two months of the new national deprivation of liberty (DoLs) court, the Nuffield Family Justice Observatory (NFJO) has said.’

Local Government Lawyer, 6th October 2022

Source: www.localgovernmentlawyer.co.uk

Incorrect precedent led to wrong ground rent advice for 115 clients – Legal Futures

Posted October 11th, 2022 in conveyancing, disciplinary procedures, fines, leases, legal advice, mistake, news, solicitors, Solicitors Regulation Authority by sally

‘A solicitor who gave 115 clients the wrong advice about the ground rent provisions in the leases of properties they were buying – because of an incorrect precedent – has been fined £15,000.’

Legal Futures, 10th October 2022

Source: www.legalfutures.co.uk

Domestic abuse, controlling and coercive behaviours and companion animals – Family Law

Posted October 11th, 2022 in animals, coercive & controlling behaviour, domestic violence, news by sally

‘Trying to define and prove controlling and coercive behaviours both before and after Re H v N 2020 [2021] EWCA Civ 448 has been difficult and occasionally contradictory. This Article looks at ways in which companion animal abuse or threats to them, can help shed light on what we mean by controlling and coercive behaviours and how such can provide very powerful evidence to prove it. It also suggests that by introducing this evidence into our thinking and case law we shine a light on the links between domestic abuse, child abuse and animal abuse and so better protect not only human victims of abuse but also the animals we share our lives and family life with.’

Family Law, 10th October 2022

Source: www.familylaw.co.uk

Multi-agency safeguarding and domestic abuse paper published – Family Law

Posted October 11th, 2022 in child abuse, children, domestic violence, news, reports by sally

‘The Child Safeguarding Practice Review Panel has published a paper setting out key findings from reviews where domestic abuse featured.’

Family Law, 10th October 2022

Source: www.familylaw.co.uk

Claim worth £3,000 moved after costs rose towards £50,000 – Law Society’s Gazette

Posted October 11th, 2022 in costs, data protection, news, pleadings, small claims, solicitors by sally

‘A High Court judge has made a veiled warning to solicitors not to over-plead on data protection cases and incur massive costs on unnecessary litigation.’

Law Society’s Gazette, 10th October 2022

Source: www.lawgazette.co.uk

Halfords manager suing company for £1m over alleged race discrimination – The Independent

Posted October 11th, 2022 in bullying, duty of care, news, race discrimination, unfair dismissal by sally

‘One of the UK’s largest retailers is being sued for £1 million by a former employee for alleged racial discrimination, The Independent can reveal.’

The Independent, 10th October 2022

Source: www.independent.co.uk

E-scooter rider banned from roads for drink-driving in York – BBC News

Posted October 11th, 2022 in drunk in charge, fines, guilty pleas, motorcycles, news, road traffic offences by sally

‘A man has been banned from driving after admitting riding an e-scooter while over the legal alcohol limit.’

BBC News, 10th October 2022

Source: www.bbc.co.uk

Dudley couple tried to bring £1.75m of cocaine into UK – BBC News

Posted October 11th, 2022 in drug offences, guilty pleas, news, sentencing by sally

‘Two people who tried to smuggle up to £1.75m of cocaine into the UK had their goods replaced by wooden blocks.’

BBC News, 10th October 2022

Source: www.bbc.co.uk

Ashley Wadsworth: British man who murdered Canadian teenage girlfriend on trip to UK jailed – The Independent

Posted October 11th, 2022 in coercive & controlling behaviour, guilty pleas, murder, news, sentencing by sally

‘A 23-year-old British man has been sentenced to life in prison for murdering his 19-year-old Canadian girlfriend after she travelled to the UK to meet him.’

The Independent, 11th October 2022

Source: www.independent.co.uk

Bullying, misogyny and sexual culture at Royal College of Nursing, inquiry finds – The Guardian

Posted October 11th, 2022 in bullying, inquiries, news, nurses, reports, sexual grooming, trade unions by sally

‘A damning inquiry into the Royal College of Nursing, the world’s biggest nurses’ union, has exposed bullying, misogyny and a sexual culture where women are at risk of “alcohol and power-related exploitation.”’

The Guardian, 10th October 2022

Source: www.theguardian.com

London school uses law change to replace striking staff with agency workers – The Guardian

Posted October 11th, 2022 in casual workers, education, industrial action, news by sally

‘A primary school whose top management were paid £1.49m last year has become among the first to use strike-busting legislation allowing them to hire agency workers to replace striking staff.’

The Guardian, 11th October 2022

Source: www.theguardian.com

60 violent and sexual offence cases wrongfully dropped in past year, BBC discovers – BBC News

Posted October 11th, 2022 in Crown Prosecution Service, mistake, news, prosecutions, rape, sexual offences, sleepwalking, violence by sally

‘Violent and sexual crimes are among cases wrongfully dropped by the Crown Prosecution Service in the past year.’

BBC News, 11th October 2022

Source: www.bbc.co.uk

Be certain, be specific and be clear: milestone judgment for liquidated damages – Practical Law: Construction Blog

Posted October 10th, 2022 in construction industry, contracts, damages, delay, drafting, news by sally

‘Recent case law has shown how careful parties need to be when drafting a liquidated damages (LDs) regime. The case of Buckingham Group Contracting Ltd v Peel L&P Investments and Property Ltd provides yet another example of what can happen if there is any ambiguity in the drafting.’

Practical Law: Construction Blog, 5th October 2022

Source: constructionblog.practicallaw.com

Damage to statues and ECHR rights – Local Government Lawyer

Posted October 10th, 2022 in appeals, attorney general, criminal damage, demonstrations, freedom of expression, human rights, monuments, news by sally

‘The Court of Appeal has concluded in the Attorney General’s referral of the jury acquittal of the Colston 4 that ECHR rights were not engaged where damage to property was criminal. Rosalind English analyses the ruling.’

Local Government Lawyer, 7th October 2022

Source: www.localgovernmentlawyer.co.uk

No duty owed to taxi driver – Local Government Lawyer

Posted October 10th, 2022 in appeals, damages, disabled persons, duty of care, licensing, local government, negligence, news, psychiatric damage, religious discrimination, taxis by sally

‘A council has won an appeal in the High Court in a psychiatric injury claim brought by a taxi driver. David Green explains why.’

Local Government Lawyer, 7th October 2022

Source: www.localgovernmentlawyer.co.uk

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