Costs and Co-operation: What Tenants Must do to Assist with Fire Safety -Radcliffe Chambers

Posted November 19th, 2019 in fire, health & safety, landlord & tenant, news by sally

‘Despite being such an important and topical issue, the key piece of fire safety legislation has received very little judicial or academic analysis. This article argues that, properly understood, the Regulatory Reform (Fire Safety) Order 2005 requires tenants to assist landlords in two ways. First, art.17 requires tenants to allow their landlord access to the demised premises to undertake fire safety repairs and improvements. Secondly, the key duties in the Order provide landlords with a strong defence to any challenge to the reasonableness of fire safety-related service charges.’

Full Story

Radcliffe Chambers, 14th November 2019

Source: radcliffechambers.com

Freed prisoners killing themselves at a rate of one every two days – The Guardian

Posted November 19th, 2019 in news, ombudsmen, probation, suicide, supervision orders by sally

‘The number of people who took their own life while on supervision after leaving prison has increased sixfold since 2010 to a rate of one every two days, fresh analysis seen by the Guardian shows.’

Full Story

The Guardian, 18th November 2019

Source: www.theguardian.com

Can You Keep A Half Secret? (Wood v Commercial First) – New Square Chambers

Posted November 19th, 2019 in agency, disclosure, fees, forgery, limitations, loans, mortgages, news, rescission by sally

‘The dispute centred around a mortgage broker receiving both a fee from the borrower and a commission from the lender. Mrs Wood obtained two mortgages and a further advance secured over her two farms from Commercial First Business Limited (“CF”), a provider of unregulated secured loans to commercial borrowers. CF only accepted applications via brokers. UK Mortgage and Financial Services Limited (“UKMFS”) acted as broker for Mrs Wood on all three transactions, receiving commissions of £30,600, £57,092.80 and £5,234.22 respectively. CF entered into securitisation agreements assigning the loans to various assignees prior to entering CVL.’

Full Story

New Square Chambers, 5th November 2019

Source: www.newsquarechambers.co.uk

Chip shop death: Geoffrey Bran cleared of murdering wife with oil – BBC News

Posted November 19th, 2019 in domestic violence, murder, news by sally

‘A chip shop owner accused of killing his wife by throwing boiling oil over her has been cleared of her murder.’

Full Story

BBC News, 19th November 2019

Source: www.bbc.co.uk

Solicitors urged to shorten their own witness statements – Litigation Futures

Posted November 19th, 2019 in case management, documents, news, solicitors, witnesses by sally

‘A High Court master has urged solicitors providing witness statements to cut back on the unnecessary detail, stressing that they are not the same as those given by lay witnesses.’

Full Story

Litigation Futures, 19th November 2019

Source: www.litigationfutures.com

Woman nearly killed by ex-partner hits out at ‘ridiculous’ change to ‘lenient’ prison sentences for abusers – The Independent

Posted November 19th, 2019 in appeals, domestic violence, grievous bodily harm, news, sentencing, victims by sally

‘A woman who almost died when her former partner attacked her with a meat cleaver has condemned the government’s new scheme which allows victims of domestic abuse to challenge sentences given to their perpetrators.’

Full Story

The Independent, 19th November 2019

Source: www.independent.co.uk

Ep 98: AI: Opportunity or Threat? – Law Pod UK

Posted November 19th, 2019 in artificial intelligence, legal profession, legal services, news, podcasts by sally

‘There should be a distinction between AI and algorithms being tools for lawyers as opposed to lawyers and laws being the tools for the use of AI. The huge emancipatory opportunities offered by technology could be lost if we don’t get on top of it and allow it to overtake us, as we subject ourselves to all its processes. Rosalind English talks to Emily Foges, CEO of Luminance, an Artificial Intelligence programme for the legal profession, about the practical applications of algorithms to the law. How can we avail ourselves of the codes before the codes manage us?’

Full Story

Law Pod UK, 18th November 2019

Source: audioboom.com

Barrister posted “misogynistic” comments on Facebook – Legal Futures

Posted November 19th, 2019 in barristers, disciplinary procedures, internet, news by sally

‘A barrister suspended last month for offensive messages on Facebook posted one that was effectively a threat to kill a member of the public, it has emerged.’

Full Story

Legal Futures, 19th November 2019

Source: www.legalfutures.co.uk

Gliding club win legal challenge over prior approval for barn conversion – Local Government Lawyer

Posted November 19th, 2019 in limitations, local government, news, notification, planning, reasons by sally

‘A long-established gliding club has won a Planning Court challenge over Harborough District Council’s decision to grant prior approval for a barn conversion on a site next to its airfield.’

Full Story

Local Government Lawyer, 18th November 2019

Source: www.localgovernmentlawyer.co.uk

AI – a tool for the law, or its digital master? – UK Human Rights Blog

Posted November 19th, 2019 in artificial intelligence, contracts, electronic commerce, news, podcasts by sally

‘In the latest Henry Brooke Lecture (12th November, hosted by BAILII and Freshfields Bruckhaus Deringer), Supreme Court Justice Lord Sales warned that the growing role of algorithms and artificial intelligence in decision making poses significant legal problems.’

Full Story

UK Human Rights Blog, 18th November 2019

Source: ukhumanrightsblog.com

“Mixed messages” from consumers on online conveyancing – Legal Futures

Posted November 19th, 2019 in conveyancing, electronic commerce, electronic filing, news, reports by sally

‘Only 19% of home buyers use online conveyancers, despite the dominance of online searches as a way of finding property, a report has found.’

Full Story

Legal Futures, 19th November 2019

Source: www.legalfutures.co.uk

Patents – Technetix BV v Teleste Ltd – NIPC Law

Posted November 19th, 2019 in amendments, news, patents by sally

‘This was a claim for patent infringement and a counterclaim for revocation on grounds of anticipation, obviousness and added matter. There was also an application for unconditional and conditional amendments to the patent. The claim and counterclaim came on before His Honour Judge Hacon sitting as a judge of the Patents Court in Technetix BV and another v Teleste Ltd [2019] EWHC 3106 (Pat) (18 Nov 2019). His Honour tried the action in May and delivered judgment on 18 Nov 2019. The learned judge held at paragraph [122] of his judgment that the patent was invalid on all three grounds .and refused the amendments though he found that the patent would have been infringed hand it been valid.’

Full Story

NIPC Law, 19th November 2019

Source: nipclaw.blogspot.com

Man mutilates horse by stabbing it 20 times but is only charged with ‘criminal damage’ – The Independent

Posted November 19th, 2019 in animal cruelty, criminal damage, horses, news, offensive weapons, sentencing by sally

‘A teenager who mutilated a prize-winning horse by stabbing it 20 times has only been jailed for two months because the attack was classed as “criminal damage”.’

Full Story

The Independent, 19th November 2019

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted November 19th, 2019 in law reports by sally

Court of Appeal (Civil Division)

W (A Child), Re [2019] EWCA Civ 1966 (18 November 2019)

C (A Child) (Interim Separation), Re [2019] EWCA Civ 1998 (18 November 2019)

High Court (Chancery Division)

Maggistro-Contenta & Anor v O’Shea & Anor [2019] EWHC 3035 (Ch) (18 November 2019)

High Court (Commercial Court)

Etihad Airways PJSC v Flother [2019] EWHC 3107 (Comm) (18 November 2019)

High Court (Patents Court)

Technetix BV & Anor v Teleste Ltd [2019] EWHC 3106 (Pat) (18 November 2019)

Source: www.bailii.org

London council to take battle over borough-wide injunction and camping on open spaces to Court of Appeal next month – Local Government Lawyer

Posted November 19th, 2019 in appeals, injunctions, local government, news, travellers by sally

‘The Court of Appeal will next month (3 December) hear an appeal by Bromley Council over the High Court’s refusal to extend an interim injunction prohibiting camping on 171 open spaces and car parks in the borough.’

Full Story

Local Government Lawyer, 18th November 2019

Source: www.localgovernmentlawyer.co.uk

Jodie Chesney murder: two teenagers jailed for life – The Guardian

Posted November 19th, 2019 in murder, news, sentencing, young offenders by sally

‘Two teenagers have been jailed for life for the “callous, casual and irresponsible” murder of 17-year-old Jodie Chesney.’

Full Story

The Guardian, 18th November 2019

Source: www.theguardian.com

If you go down to the woods today – Nearly Legal

Posted November 18th, 2019 in damages, estoppel, housing, human rights, landlord & tenant, leases, news, rent, repairs, repossession by sally

‘This is a rather odd case concerning possession of a farmhouse in the Forest of Dean. It had been first occupied by the defendant’s mother and step father in 1993. The terms of this were in dispute, but the rent was £155 and the step-father was to undertake repairs and maintenance to the property. The step-father did carry out some repairs, but he moved out in 2002, visiting and leaving some possessions there thereafter. The mother moved out in 2006. Various other family and friends lived at the property in subsequent years. The defendant had rented and bought property of his own, but took on repairs to the farmhouse and regarded it as his family home.’

Full Story

Nearly Legal, 17th November 2019

Source: nearlylegal.co.uk

Tribunals and human rights – Nearly Legal

Posted November 18th, 2019 in appeals, disability discrimination, government departments, housing, human rights, news, statutory interpretation, Supreme Court, tribunals by sally

‘The question of the powers of the First Tier and Upper Tribunals (and indeed initial decision makers) to disapply secondary legislation where there is a breach of the appellant’s human rights has reached the Supreme Court. The decision has some far reaching implications for bedroom tax appeals and beyond.’

Full Story

Nearly Legal, 15th November 2019

Source: nearlylegal.co.uk

Solicitor tried to take unfair advantage of other lawyer’s error – Legal Futures

Posted November 18th, 2019 in conveyancing, disciplinary procedures, fees, law firms, news, professional conduct, solicitors, Solicitors Regulation Authority, undertakings, unfair commercial practices by sally

‘A solicitor discarded an undertaking he had given and tried to take advantage of a mistake made by the law firm on the other side of a conveyancing transaction, it has emerged.’

Full Story

Legal Futures, 15th November 2019

Source: www.legalfutures.co.uk

Civil partnerships legislation – unfinished business – Law & Religion UK

Posted November 18th, 2019 in civil partnerships, consultations, equality, homosexuality, marriage, news, parliament, statutory interpretation by sally

The draft Civil Partnership (Opposite-sex Couples) Regulations 2019 (“the Regulations”) was the first item of the secondary legislation within the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 (“the Act”) to achieve the necessary approval of both Houses under the affirmative resolution procedure. It was also the last item of debated business before parliament was dissolved on 6 November. Through section 2(2) of the Act the regulations were subject to a “sunset clause” which required them to be in force by the end of December, and as such, only limited time was available for its scrutiny and approval; this left a number of items of unfinished business, and these are summarized below.

Full Story

Law & Religion UK, 18th November 2019

Source: www.lawandreligionuk.com