Day: 12 June 2017

Southwark LBC v Akhtar Upper Tribunal [2017] UKUT 150 (LC) – Tanfield Chambers

Posted June 12th, 2017 in appeals, housing, landlord & tenant, leases, local government, London, news, notification, right to buy, service, service charges, tribunals by sally

‘The Upper Tribunal reversed decisions from the First Tier Tribunal in respect of the validity of estimated service demands, the requirements to prove the service of a notice under section 20B in light of the incorporation of section 196 of the Law of Property Act 1925 in the lease, and whether a tenant had waived the Landlord’s non-compliance with service charge mechanism of the lease by conduct.’

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Tanfield Chambers, 1st June 2017

Source: www.tanfieldchambers.co.uk

All or nothing? – Tanfield Chambers

Posted June 12th, 2017 in housing, leases, news by sally

‘A “share of the freehold” is a phrase that appears countless times in
sales particulars up and down the country. But in the words Frank Sinatra used in his first commercial recording back in 1932, these words may mean “all or nothing at all.”’

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Tanfield Chambers, 1st June 2017

Source: www.tanfieldchambers.co.uk

Oliver v Sheffield City Council [2017] EWCA Civ. 225 – Tanfield Chambers

Posted June 12th, 2017 in appeals, costs, landlord & tenant, leases, local government, news, repairs, service charges, third parties by sally

‘A local authority was required to give credit to leaseholders for funds received from third-parties when recovering a contribution to the cost of major works.’

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Tanfield Chambers, 1st June 2017

Source: www.tanfieldchambers.co.uk

An unsatisfactory situation – Tanfield Chambers

Posted June 12th, 2017 in consultations, landlord & tenant, leases, local government, London, news, regulations, repairs, service charges, tribunals by sally

‘Since the Supreme Court turned the law of dispensation from the consultation requirements upside down in Daejan Investments Ltd v Benson [2013] UKSC 14; [2013] 2 EGLR 45, the Upper Tribunal has been troubled with very few cases involving the requirements to consult leaseholders on major works. However, the decision in Lessees of Foundling Court and O’Donnell Court v Camden London Borough Council and others [2016] UKUT 366 (LC); [2016] EGLR 59 has rewritten preconceptions as to who needs to be consulted and caused landlords some new headaches.’

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Tanfield Chambers, 12th June 2017

Source: www.tanfieldchambers.co.uk

Limitation and the threshold for article 3/8 investigative claims – UK Police Law Blog

Posted June 12th, 2017 in delay, domestic violence, human rights, judges, limitations, news, time limits by sally

‘Lavender J in MLIA & CLEL v Chief Constable of Hampshire [2017] EWHC 292 (QB) has offered helpful guidance on the application of the limitation defence for human rights claims, in a case which failed to meet the threshold for engaging the investigative duty under Articles 3 and 8 of the Convention.’

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UK Police Law Blog, 11th June 2017

Source: ukpolicelawblog.com

Leicester mum jailed for gun and drugs in kitchen cupboard – BBC News

Posted June 12th, 2017 in drug offences, imprisonment, news, sentencing, weapons by sally

‘A mother who kept a gun and drugs in her kitchen cupboard has been jailed for eight years.’

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BBC News, 9th June 2017

Source: www.bbc.co.uk

Tier 2: is it Brexit ready? – Free Movement

Posted June 12th, 2017 in employment, immigration, migrant workers, news, sponsored immigrants, statistics, visas by sally

‘Everything about the UK work permit system is designed to disincentivise employers importing migrant labour from outside of the EU.’

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Free Movement, 12th June 2017

Source: www.freemovement.org.uk

‘Excessive pricing’ and pharmaceuticals – Law Society’s Gazette

Posted June 12th, 2017 in competition, markets, medicines, news, price fixing by sally

‘After years of limited focus on ‘excessive pricing’, in December 2016 the Competition and Markets Authority (CMA) took one decision finding that such an abuse of dominance had occurred, and issued a statement of objections in another case. Does this reflect a broad policy shift, or a reaction to specific cases of perceived opportunistic behaviour?’

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Law Society's Gazette, 12th June 2017

Source: www.lawgazette.co.uk

BBC radio husband and wife presenters jailed for assaulting under-age boys – Daily Telegraph

Posted June 12th, 2017 in assault, imprisonment, news, outraging public decency, sentencing, sexual offences, young persons by sally

‘Two former BBC radio presenters have been handed five-year jail sentences for indecently assaulting under-age boys and outraging public decency by having sex in woodland.’

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Daily Telegraph, 9th June 2017

Source: www.telegraph.co.uk

Court of Appeal to hear legal challenge against Lancashire fracking plans – OUT-LAW.com

Posted June 12th, 2017 in appeals, environmental protection, fracking, judicial review, news, planning by sally

‘Campaigners in Lancashire in England have won the right to continue their legal challenge against planned ‘fracking’ operations on farm land between the towns of Blackpool and Preston.’

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OUT-LAW.com, 9th June 2017

Source: www.out-law.com

Leigh Day exonerated after longest and most expensive disciplinary tribunal prosecution ever – Legal Futures

Posted June 12th, 2017 in costs, defence, disclosure, documents, government departments, Iraq, law firms, news, professional conduct, solicitors, tribunals by sally

‘The longest and most expensive case brought in the history of the Solicitors Disciplinary Tribunal (SDT) has ended with high-profile claimant lawyer Martyn Day, two of his colleagues and his firm Leigh Day fully exonerated.’

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Legal Futures, 9th June 2017

Source: www.legalfutures.co.uk

Doctors must continue to treat terminally ill baby, court rules – The Guardian

Posted June 12th, 2017 in appeals, children, human rights, international courts, medical treatment, news by sally

‘Doctors in London must continue to treat a terminally ill baby at the centre of a life-support legal battle until midnight on Tuesday, judges at the European court of human rights have said.’

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The Guardian, 9th June 2017

Source: www.theguardian.com

Father wins discrimination case against employer for failing to give him full paternity leave – Daily Telegraph

Posted June 12th, 2017 in employment, employment tribunals, families, news, paternity leave, sex discrimination by sally

‘A father has successfully sued his employer for failing to give him full paternity leave rights, in a case thought to be the first of its kind.’

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Daily Telegraph, 11th June 2017

Source: www.telegraph.co.uk

UK Supreme Court to sit in Edinburgh for the first time – BBC News

Posted June 12th, 2017 in news, Scotland, Supreme Court by sally

‘The UK’s highest court will temporarily move from its London home to Edinburgh this week.’

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BBC News, 12th June 2017

Source: www.bbc.co.uk