Supreme court Brexit hearing: 10 things we learned – The Guardian

‘From the royal prerogative and Henry VIII clause to what makes lawyers laugh – and how to interpret a judge’s choice of tie.’

Full story

The Guardian, 8th December 2016

Source: www.guardian.co.uk

Rather too certain to be uncertain – Nearly Legal

Posted December 9th, 2016 in appeals, contracts, council tax, landlord & tenant, news, tribunals, valuation by sally

‘This was Leeds’ second appeal of a Valuation Tribunal decision on council tax liability. We covered the first High Court appeal here. Full disclosure, I acted for the intervener in this second appeal, the Residential Landlords Association, with Justin Bates (or as it turns out, Bate) as counsel.’

Full story

Nearly Legal, 8th December 2016

Source: www.nearlylegal.co.uk

FCA to crack down on crowdfunding – The Guardian

Posted December 9th, 2016 in financial regulation, loans, news by sally

‘The City regulator has announced a crackdown on crowdfunding – the fast-growing sector that lets businesses and individuals raise money from online investors.’

Full story

The Guardian, 9th December 2016

Source: www.guardian.co.uk

Rider who took selfie with skeletal horse given ban after she is caught by Facebook pictures – Daily Telegraph

Posted December 9th, 2016 in animal cruelty, community service, costs, disqualification, horses, news, sentencing by sally

‘A woman has been banned from keeping horses after Facebook users spotted pictures of her riding a skeletal ex-racehorse online.’

Full story

Daily Telegraph, 8th December 2016

Source: www.telegraph.co.uk

Don’t try this at home – Nearly Legal

Posted December 9th, 2016 in appeals, damages, landlord & tenant, news by sally

‘In which the court of appeal almost but not quite consider the notice requirements for licencees excluded from the Protection from Eviction Act 1977.’

Full story

Nearly Legal, 8th December 2016

Source: www.nearlylegal.co.uk

Russell Square stabbings: Zakaria Bulhan ‘fit to stand trial’ – BBC News

Posted December 9th, 2016 in fitness to plead, mental health, news, trials by sally

‘A man charged with murdering a US tourist and wounding five other people in a knife attack in central London has been deemed fit to stand trial.’

Full story

BBC News, 8th December 2016

Source: www.bbc.co.uk

Lawyer urges supreme court to throw out Brexit case after article 50 vote – The Guardian

Posted December 9th, 2016 in constitutional law, news, parliament, prerogative powers, Supreme Court, trials by sally

‘The supreme court has been urged to throw out a momentous legal challenge to the government’s powers to trigger Brexit, with Downing Street lawyers claiming parliament’s support for exiting the EU was conclusively demonstrated this week.’

Full story

The Guardian, 8th December 2016

Source: www.guardian.co.uk

Housing benefit – Local Government Law

Posted December 8th, 2016 in appeals, benefits, housing, local government, news, social security, tribunals by tracey

‘Housing benefit is “a means tested benefit provided under section 130 of the Social Security Contributions and Benefits Act 1992 and subordinate regulations”. Its “purpose is to help claimants with their rental costs”. There is “a prescribed mechanism for determining in each case the appropriate maximum housing benefit”.’

Full story

Local Government Law, 5th December 2016

Source: www.11kbw.com/blogs/local-government-law

Tribunal: ‘public interest’ need for social housing justified breach of covenant – OUT-LAW.com

‘A tribunal has agreed to a property developer’s request to modify a restrictive covenant preventing the use of land for anything other than car parking, even though the developer had already built social housing on the land in breach of that covenant.’

Full story

OUt-LAW.com, 6th December 2016

Source: www.out-law.com

Music talent show was ‘independently created’ and did not involve a misuse of confidential information, rules Court of Appeal – OUT-LAW.com

Posted December 8th, 2016 in appeals, enforcement, intellectual property, media, news by tracey

‘A music talent show broadcast on Sky was “independently created”, the UK Court of Appeal has ruled, dismissing claims that the show copied features contained in a pitch for another talent show made to the broadcaster the year previously.’

Full story

OUT-LAW.com, 7th December 2016

Source: www.out-law.com

Children: Public Law Update (December 2016) – Family Law Week

Posted December 8th, 2016 in adoption, appeals, care orders, families, fostering, legal representation, news, witnesses by tracey

‘John Tughan QC of 4 Paper Buildings reviews recent important judgments in the field of public children law.’

Full story

Family Law Week, 7th December 2016

Source: www.familylawweek.co.uk

APIL legal threat forces Ministry of Justice to announce outcome of 2012 discount rate review – Litigation Futures

Posted December 8th, 2016 in compensation, consultations, damages, legal profession, news, personal injuries by tracey

‘The government is finally set to announce the result of its review of the discount rate for personal injury claims – more than four years since issuing a consultation – in the face of legal action by the Association of Personal Injury Lawyers (APIL).’

Full story

Litigation Futures, 7th December 2016

Source: www.litigationfutres.com

Fraudster who duped property investors out of £5 million convicted – Crown Prosecution Service

Posted December 8th, 2016 in fraud, press releases by tracey

‘A fraudster who duped property investors out of more than £5 million by promising them impossible returns has been convicted following a prosecution by the CPS Specialist Fraud Division.’

Full press release

Crown Prosecution Service, 5th December 2016

Source: www.cps.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 8th, 2016 in legislation by tracey

The Lifts (Amendment) Regulations 2016

The Securitisation Companies (Application of Section 83(1) of the Finance Act 2005: Accounting Standards) (Amendment) Regulations 2016

The Corporation Tax Act 2010 (Profits Arising from the Exploitation of Patents) Foreign Taxes Designation Regulations 2016

The Privacy and Electronic Communications (EC Directive) (Amendment) (No. 2) Regulations 2016

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 8th, 2016 in law reports by tracey

Court of Appeal (Civil Division)

Patersons of Greenoakhill Ltd v HM Revenue & Customs [2016] EWCA Civ 1250 (07 December 2016)

Matchmove Ltd v Dowding & Anor [2016] EWCA Civ 1233 (07 December 2016)

SI (India) v Secretary of State for the Home Department [2016] EWCA Civ 1255 (07 December 2016)

Clear Call Ltd v Central London Investments Ltd [2016] EWCA Civ 1231 (07 December 2016)

F (Children), Re [2016] EWCA Civ 1253 (07 December 2016)

Metlife Seguros De Retiro SA v JPMorgan Chase Bank, National Association [2016] EWCA Civ 1248 (07 December 2016)

High Court (Administrative Court)

Mandic-Bozic, R (on the application of) v British Association for Counselling and Psychotherapy & Anor [2016] EWHC 3134 (Admin) (07 December 2016)

High Court (Chancery Division)

Adepoju v Akinola [2016] EWHC 3160 (Ch) (07 December 2016)

High Court (Commercial Court)

Transgrain Shipping (Singapore) PTE Ltd v Yangtze Navigation (Hong Kong) Co Ltd & Anor [2016] EWHC 3132 (Comm) (07 December 2016)

High Court (Family Division)

T v E (Refusal to Order Return) [2016] EWHC 3148 (Fam) (05 December 2016)

High Court (Patents Court)

NGOPD Global Ltd v Aspirate N Go Ltd [2016] EWHC 3124 (Pat) (02 December 2016)

High Court (Queen’s Bench Division)

Birmingham City Council v Pardoe [2016] EWHC 3119 (QB) (05 December 2016)

Adams & Ors v Atlas International Property Services Ltd & Ors [2016] EWHC 3120 (QB) (05 December 2016)

Siddiqui v University of Oxford [2016] EWHC 3150 (QB) (05 December 2016)

Shakil-Ur-Rahman v ARY Network Ltd & Anor [2016] EWHC 3110 (QB) (02 December 2016)

KXL & Ors v Murphy & Anor [2016] EWHC 3102 (QB) (02 December 2016)

Francis & Anor v Charles Knapper & Ors [2016] EWHC 3093 (QB) (01 December 2016)

Bellman v Northampton Recruitment Ltd [2016] EWHC 3104 (QB) (01 December 2016)

Richards & Anor v I P Solutions Group Ltd [2016] EWHC 2599 (QB) (30 November 2016)

X v Kuoni Travel Ltd [2016] EWHC 3090 (QB) (30 November 2016)

Source: www.bailii.org

Kettering parents jailed for ‘sickening’ baby abuse – BBC News

Posted December 8th, 2016 in child abuse, indecent photographs of children, news, sentencing by tracey

‘A couple who inflicted such “sickening” injuries on their five-week-old daughter that she will never be able to walk or talk have been jailed.’

Full story

BBC News, 7th December 2016

Source: www.bbc.co.uk

Ronald McDonald and Tony the Tiger banned from junk food adverts in new crackdown – Daily Telegraph

Posted December 8th, 2016 in advertising, children, codes of practice, food, news by tracey

‘Social media sites have been ordered to block junk food adverts aimed at children under a new crackdown which also bans cartoon characters like Ronald McDonald and Tony Tiger from all promotional material of unhealthy food.’

Full story

Daily Telegraph, 8th December 2016

Source: www.telegraph.co.uk

Hospital chaplain loses same-sex wedding discrimination appeal – The Guardian

‘A Church of England hospital chaplain has lost his claim that he was discriminated against when his licence to work was withdrawn after he married his same-sex partner, in a case that gay rights campaigners hoped would force the church to change its stance.’

Full story

The Guardian, 7th December 2016

Source: www.guardian.co.uk

Football tax review called for by HMRC chief – BBC News

Posted December 8th, 2016 in news, sport, tax avoidance, taxation by tracey

‘The chief executive of HM Revenue and Customs, Jon Thompson, has told MPs he would like to see a review of the way footballers can reduce their tax bills. He said payments to them for their image rights were “the most significant risk in football” faced by HMRC.’

Full story

BBC News, 7th December 2016

Source: www.bbc.co.uk

BBC disputes Cliff Richard payout claim over police raid coverage – The Guardian

Posted December 8th, 2016 in BBC, compensation, complaints, media, news, police, privacy by tracey

‘BBC bosses have drawn up a defence case after Sir Cliff Richard took legal action in the wake of reports naming him as a suspected sex offender. They deny the singer is entitled to compensation after publicity about a raid on his home in August 2014. Detail of the BBC’s defence has emerged in paperwork lodged by lawyers at the high court in London pending any court hearings.’

Full story

The Guardian, 7th December 2016

Source: www.guardian.co.uk