Month: June 2014

Former landlords and s.20B LTA 1985 – NearlyLegal

Posted June 16th, 2014 in appeals, landlord & tenant, leases, news, service charges, water companies by sally

‘In Ground Rents (Regisport) Ltd v Dowlen [2014] UKUT 144 (LC), the Upper Tribunal (Lands Chamber) had to – once again – grapple with s.20B, Landlord and Tenant Act 1985. The facts are quite straightforward. Imagine, if you will, that there is a modern development of three blocks of flats. It was developed by Countryside Properties (UK) Ltd, who were also the original landlords under all the long leases. Once the leases had been created, the freehold was transferred to the appellant.’

Full story

NearlyLegal, 13th June 2014

Source: www.nearlylegal.co.uk

Section 13 DPA in the High Court: nominal damage plus four-figure distress award – Panopticon

Posted June 16th, 2014 in compensation, damages, data protection, disclosure, documents, news, time limits by sally

‘Given the paucity of case law, it is notoriously difficult to estimate likely awards of compensation under section 13 of the Data Protection Act 1998 for breaches of that Act. It is also very difficult to assess any trends in compensation awards over time.’

Full story

Panopticon, 13th June 2014

Source: www.panopticonblog.com

Family court case spanning 13 years is ‘longest case’ in history, judge says – Daily Telegraph

Posted June 16th, 2014 in appeals, children, contact orders, family courts, news by sally

‘A family court case which has taken almost 13 years is believed by a judge to be the longest running in history.’

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Daily Telegraph, 13th June 2014

Source: www.telegraph.co.uk

Precedent H “irregularity” does not render it a nullity, High Court rules – Litigation Futures

Posted June 16th, 2014 in budgets, civil procedure rules, costs, drafting, legal representation, news, precedent, proportionality by sally

‘It would be disproportionate and unjust to strike down a Precedent H budget that was signed by a firm’s in-house costs draftsman, rather than by a “senior legal representative”, the High Court has ruled.’

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Litigation Futures, 16th June 2014

Source: www.litigationfutures.com

Forced marriage outlawed as ministers step up efforts to curb practice – The Guardian

Posted June 16th, 2014 in children, forced marriages, news, prosecutions by sally

‘Forced marriage is “a tragedy for each and every victim”, home secretary Theresa May said as a new law outlawing the practice came into effect.’

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The Guardian, 16th June 2014

Source: www.guardian.co.uk

Taxman wins fight to close property tax loophole – Daily Telegraph

Posted June 16th, 2014 in appeals, housing, mortgages, news, stamp duty, taxation by sally

‘A High Court ruling has sided with the taxman over legislation introduced last year which aims to stop wealthy property buyers avoid paying tens of thousands of pounds in stamp duty.’

Full story

Daily Telegraph, 13th June 2014

Source: www.telegraph.co.uk

Prisons face overcrowding due to policy failure, says watchdog – The Guardian

Posted June 16th, 2014 in budgets, news, ombudsmen, prisons, sexual offences, standards, statistics, suicide by sally

‘The public is being put at risk by a “political and policy failure” in jails which risks boiling over this summer, the prisons’ inspectorate has warned as the government admitted more inmates would have to share cells to cope with an unexpected rise in numbers.’

Full story

The Guardian, 14th June 2014

Source: www.guardian.co.uk

R (on the application of Eastenders Cash and Carry plc and others (Respondents) v The Commissioners for Her Majesty’s Revenue and Customs (Appellant) – Supreme Court

Posted June 13th, 2014 in customs and excise, fraud, judicial review, law reports, search & seizure, taxation by sally

R (on the application of Eastenders Cash and Carry plc and others (Respondents) v The Commissioners for Her Majesty’s Revenue and Customs (Appellant) [2014] UKSC 34 (YouTube)

Supreme Court, 11th June 2014

Source: www.youtube.com/user/UKSupremeCourt

Khaira and others (Respondents) v. Shergill and others (Appellants) – Supreme Court

Posted June 13th, 2014 in law reports, Sikhism, succession, trusts by sally

Khaira and others (Respondents) v. Shergill and others (Appellants) [2014] UKSC 33 (YouTube)

Supreme Court, 11th June 2014

Source: www.youtube.com/user/UKSupremeCourt

Vanity cases? – New Law Journal

Posted June 13th, 2014 in confidentiality, contract of employment, cosmetic surgery, employment, news, sick leave by sally

‘Employees & cosmetic surgery: Sarah Johnson reports.’

Full story

11th June 2014

Source: www.newlawjournal.co.uk

Finance and Divorce Update – Family Law Week

Posted June 13th, 2014 in divorce, financial provision, litigants in person, news, perverting the course of justice by sally

‘Jessica Craigs, senior solicitor, and David Salter, Joint Head of Family Law, both of Mills & Reeve LLP, analyse the financial remedies and divorce news and cases published in May.’

Full story

Family Law Week, 12th June 2014

Source: www.familylawweek.co.uk

Harb v Prince Fahd Bin Abdul Aziz – WLR Daily

Posted June 13th, 2014 in law reports, state immunity, succession by sally

Harb v Prince Fahd Bin Abdul Aziz [2014] EWHC 1807 (Ch); [2014] WLR (D) 248

‘A former head of state, regardless of how he ceased to hold office, only enjoyed immunity from suit in respect of official acts during his tenure in post. Therefore, where a sovereign ceased to be head of state on his death, the immunity enjoyed by his estate did not extend to matters of a private nature.’

WLR Daily, 9th June 2014

Source: www.iclr.co.uk

Delaney v Secretary of State for Transport – WLR Daily

Posted June 13th, 2014 in compensation, dangerous driving, drug offences, EC law, joint enterprise, law reports, news, personal injuries, uninsured drivers by sally

Delaney v Secretary of State for Transport [2014] EWHC 1785 (QB); [2014] WLR (D) 253

‘Clause 6(1)(e)(iii) of the Motor Insurers’ Bureau (Compensation of Victims of Uninsured Drivers) Agreement 1999, made between the Motor Insurers’ Bureau and the Secretary of State for Transport and which provided an exclusion from liability for compensation for the Motor Insurers’ Bureau, was incompatible with Council Directive 72/166/EEC, Second Council Directive 84/5/EEC and Third Council Directive 90/232/EEC.’

WLR Daily, 3rd June 2014

Source: www.iclr.co.uk

Scotland and another v British Credit Trust Ltd – WLR Daily

Posted June 13th, 2014 in agency, consumer credit, insurance, law reports, unfair commercial practices by sally

Scotland and another v British Credit Trust Ltd [2014] EWCA Civ 790; [2014] WLR (D) 252

‘When determining whether negotiations between a debtor and a supplier were “antecedent negotiations” within section 56(1)(c) of the Consumer Credit Act 1974, so that the supplier was deemed to have been acting as an agent of the creditor, the court had to inquire whether all the negotiations formed part of one transaction as a matter of fact.’

WLR Daily, 10th June 2014

Source: www.iclr.co.uk

Regina v Bina – WLR Daily

Posted June 13th, 2014 in assisting offenders, asylum, conspiracy, immigration, law reports, proceeds of crime by sally

Regina v Bina [2014] WLR (D) 251

‘There was no limitation by which the offence of assisting unlawful immigration, contrary to section 25(1) of the Immigration Act 1971, was inapplicable in relation to asylum seekers. Further, section 25(3) of that Act was permissive only, so that a matter of foreign law might be proved by methods such as expert evidence or admission as well as by a government-issued certificate as set out in section 25(3).’

WLR Daily, 11th June 2014

Source: www.iclr.co.uk

Regina (Grace) v Secretary of State for the Home Department – WLR Daily

Posted June 13th, 2014 in civil procedure rules, immigration, judicial review, law reports by sally

Regina (Grace) v Secretary of State for the Home Department [2014] WLR (D) 249

‘The proper test to be applied by the Administrative Court under CPR r 54.12(7) when considering certifying an application for permission to proceed with judicial review as “totally without merit” was whether the claim was bound to fail. There was no requirement that the claim be shown to be abusive or vexatious.’

WLR Daily, 9th June 2014

Source: www.iclr.co.uk

Kruppa v Benedetti and another – WLR Daily

Posted June 13th, 2014 in arbitration, interpretation, jurisdiction, law reports by sally

Kruppa v Benedetti and another [2014] EWHC 1887 (Comm); [2014] WLR (D) 250

‘A governing law and jurisdiction clause in an agreement which provided that “the parties will endeavour to first resolve the matter through Swiss arbitration” but where no resolution was forthcoming that the “courts of England shall have non-exclusive jurisdiction” did not constitute an arbitration agreement within the meaning of section 6(1) of the Arbitration Act 1996.’

WLR Daily, 11th June 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted June 13th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Okedare, R v [2014] EWCA Crim 1173 (15 May 2014)

High Court (Administrative Court)

Lord Mayor And Citizens of the City of Westminster v The Secretary of State for Communities And Local Government & Anor [2014] EWHC 1234 (Admin) (10 June 2014)

Clark v Secretary of State for the Home Department & Anor [2014] EWHC 1879 (Admin) (10 June 2014)

Parmer v Secretary of State for the Home Department [2014] EWHC 1204 (Admin) (27 January 2014)

Mujaranji, R (On the Application Of) v Secretary of state For the home department [2012] EWHC 4408 (Admin) (18 May 2012)

High Court (Commercial Court)

Kruppa v Benedetti & Anor [2014] EWHC 1887 (Comm) (11 June 2014)

High Court (Technology and Construction Court)

Stagecoach South Western Trains Ltd v Hind & Anor [2014] EWHC 1891 (TCC) (11 June 2014)

Source: www.bailii.org

On the naughty step: The unacceptable face of London landlords – NearlyLegal

Posted June 13th, 2014 in benefits, housing, landlord & tenant, leases, news, rent, unfair contract terms by sally

‘Some of you, those in London at least, might have noticed Boris Johnson announce a new, and completely voluntary, no compulsion here, landlord accreditation scheme. The idea being that tenants, desperate to find somewhere in the middle of the worst accommodation shortage in London for many, many years, will choose to avoid a ‘non-Boris’ landlord. This is of dubious worth, but no matter, what concerns us here is what followed that announcement. Bear with me, because it is worth it in the end.’

Full story

NearlyLegal, 12th June 2014

Source: www.nearlylegal.co.uk

Offenders caught with knife a second time could face six months in jail – The Guardian

Posted June 13th, 2014 in news, offensive weapons, sentencing by sally

‘A plan to jail any offender caught in possession of a knife for a second time is likely to pass into law next week after the Conservatives announced they are to defy the Liberal Democrats to support the measure.’

Full story

The Guardian, 12th June 2014

Source: www.guardian.co.uk