Month: July 2018

When help with wood pellet fuel means no right to buy – Nearly Legal

Posted July 26th, 2018 in housing, local government, news, right to buy, tribunals by sally

‘Paragraph 11 of Schedule 5 to Housing Act 1985 provides that a property is exempt from the Right to Buy where:

11.—

(1) The right to buy does not arise if the dwelling-house—

(a) is particularly suitable, having regard to its location, size, design, heating system and other features, for occupation by elderly persons, and

(b) was let to the tenant or a predecessor in title of his for occupation by a person who was aged 60 or more (whether the tenant or predecessor or another person).’

Full Story

Nearly Legal, 25th July 2018

Source: nearlylegal.co.uk

Heinz baked beans TV advert banned for second time – BBC News

Posted July 26th, 2018 in advertising, food, news by sally

‘A TV advert for Heinz baked beans has been banned for comparing its nutritional value to a protein shake.’

Full Story

BBC News, 25th July 2018

Source: www.bbc.co.uk

Local government complaints to Ombudsman rose 3.5% in 2017-18 – Local Government Lawyer

Posted July 26th, 2018 in complaints, local government, news, social services, statistics by sally

‘The Local Government and Social Care Ombudsman (LGO) received 17,452 complaints and enquiries about local government in 2017-18, compared with 16,863 in the previous year, its annual review of local government complaints – published today – has revealed.’

Full Story

Local Government Lawyer, 25th July 2018

Source: www.localgovernmentlawyer.co.uk

A Judge Has Ruled A Mother Shouldn’t Know About Her Child’s Cancer – Rights Info

Posted July 26th, 2018 in cancer, children, health, medical treatment, news, parental rights, privacy by sally

‘A mother will not be told her teenage child is being treated for a rare form of cancer, in an important ruling about privacy by a High Court judge.’

Full Story

Rights Info, 25th July 2018

Source: rightsinfo.org

Recent Statutory Instruments – legislation.gov.uk

Posted July 26th, 2018 in legislation by tracey

The Financial Services and Markets Act 2000 (Ring-fenced Bodies and Core Activities) (Amendment) Order 2018

The Oil and Gas Authority (Offshore Petroleum) (Disclosure of Protected Material after Specified Period) Regulations 2018

The Renewables Obligation (Amendment) Order 2018

The Contracts for Difference (Miscellaneous Amendments) Regulations 2018

The Export Control (Burma Sanctions) (No. 2) Order 2018

Source: www.legislation.gov.uk

Woman killed herself after series of NHS trust errors, jury finds – The Guardian

Posted July 26th, 2018 in duty of care, health, inquests, mental health, news, suicide, young persons by sally

‘A young woman with mental health problems killed herself after a series of major errors by the NHS trust that was looking after her, a jury at an inquest into her death has found.’

Full Story

The Guardian, 25th July 2018

Source: www.theguardian.com

BAILII: Recent Decisions

Posted July 26th, 2018 in law reports by tracey

Supreme Court

Mackinlay & Ors, R v [2018] UKSC 42 (25 July 2018)

Prudential Assurance Company Ltd v Revenue and Customs [2018] UKSC 39 (25 July 2018)

Owens v Owens [2018] UKSC 41 (25 July 2018)

James-Bowen & Ors v Commissioner of Police of the Metropolis [2018] UKSC 40 (25 July 2018)

Court of Appeal (Civil Division)

Euro-Asian Oil SA v Credit Suisse AG & Ors [2018] EWCA Civ 1720 (25 July 2018)

A (Children) [2018] EWCA Civ 1718 (25 July 2018)

High Court (Administrative Court)

Purvis, R (On the Application Of) v Director of Public Prosecutions [2018] EWHC 1844 (Admin) (25 July 2018)

Maximus Networks Ltd v SSCLG [2018] EWHC 1933 (Admin) (25 July 2018)

Tifrac v Romanian Judicial Authority [2018] EWHC 1909 (Admin) (25 July 2018)

High Court (Chancery Division)

Millar & Anor v Millar & Ors [2018] EWHC 1926 (Ch) (25 July 2018)

Villarosa v Ryan [2018] EWHC 1914 (Ch) (25 July 2018)

High Court (Commercial Court)

Hardy Exploration & Production (India) Inc v Government of India [2018] EWHC 1916 (Comm) (25 July 2018)

The State of the Netherlands v Deutsche Bank AG [2018] EWHC 1935 (Comm) (25 July 2018)

High Court (Queen’s Bench Division)

Welsh v Walsall Healthcare NHS Trust [2018] EWHC 1917 (QB) (25 July 2018)

High Court (Technology and Construction Court)

BDW Trading Ltd v Integral Geotechnique (Wales) Ltd [2018] EWHC 1915 (TCC) (25 July 2018)

Source: www.bailii.org

Nuisance by Knotweed – Jeremy Hyam QC – UK Human Rights Blog

Posted July 26th, 2018 in agriculture, appeals, human rights, news, nuisance by sally

‘Hancock’s curse, monkey fungus, elephant ears, pea shooters, donkey rhubarb are all (bizarre) English names for Fallopia japonica or Japanese knotweed. Although initially lauded for its beauty (it was so celebrated that in 1847 it was named by one Horticultural society as the ‘most interesting new ornamental plant of the year’) it is now well known as a fast growing and pernicious weed that is very difficult to eradicate. This is because it has a large underground network of roots (rhizomes). So bad is its destructive nature that since 2013 a seller of property is required to state whether Japanese knotweed is present on their property through a TA6 form – the property information form used for conveyancing.’

Full Story

UK Human Rights Blog, 25th July 2018

Source: ukhumanrightsblog.com

“Fragility” of criminal law firms threatening rights, MPs warn – Legal Futures

Posted July 26th, 2018 in barristers, criminal justice, law firms, legal aid, news, reports, select committees by sally

‘Fundamental rights to legal advice and representation for people accused of crimes are at risk, the justice select committee has warned, calling for a “comprehensive and independent” review of criminal legal aid.’

Full Story

Legal Futures, 26th July 2018

Source: www.legalfutures.co.uk

Police custody deaths hit 10-year high, with experts citing austerity – The Guardian

Posted July 26th, 2018 in alcohol abuse, death in custody, drug abuse, mental health, news, police, statistics by sally

‘Police custody deaths have hit their highest level in a decade with police, campaigners and experts warning that austerity and a crisis in mental health services have driven the figure up.’

Full Story

The Guardian, 25th July 2018

Source: www.theguardian.com

Teacher bans: Sexually motivated conduct is most common cause – BBC News

Posted July 26th, 2018 in disqualification, news, professional conduct, sexual grooming, teachers by sally

‘Sexually motivated, inappropriate conduct is the reason for a third of teaching bans, the BBC has found.’

Full Story

BBC News, 26th July 2018

Source: www.bbc.co.uk

Drone Bill may ban children from owning larger aircraft – BBC News

Posted July 26th, 2018 in aircraft, bills, children, consultations, disqualification, news by sally

‘Children could be banned from owning drones weighing more than 250g (0.55lb) under a new proposal from the Department for Transport.’

Full Story

BBC News, 26th July 2018

Source: www.bbc.co.uk

John Worboys case shows Parole Board is not independent, court to hear – The Guardian

Posted July 26th, 2018 in criminal justice, criminal procedure, human rights, news, parole by sally

‘A British prisoner is seeking a judicial review because he says he does not have a fair chance of parole following the controversy surrounding the decision to release the serial sex attacker John Worboys.’

Full Story

The Guardian, 26th July 2018

Source: www.theguardian.com

Tini Owens loses Supreme Court divorce fight – BBC News

Posted July 25th, 2018 in appeals, consent, divorce, news, Supreme Court by tracey

‘A woman who wants to divorce her husband on the grounds she is unhappy has lost her Supreme Court appeal. Tini Owens, 68, from Worcestershire, wanted the court to grant her a divorce from her husband of 40 years Hugh, who is refusing the split.’

Full Story

BBC News, 25th July 2018

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted July 25th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Eurasia Sports Ltd v Aguad [2018] EWCA Civ 1742 (24 July 2018)

Court of Appeal (Criminal Division)

Taj v R [2018] EWCA Crim 1743 (24 July 2018)

High Court (Chancery Division)

PJSC Commercial Bank Privatbank v Kolomoisky & Ors [2018] EWHC 1910 (Ch) (24 July 2018)

Union Des Associations Europeennes De Football v British Telecommunications Plc & Ors [2018] EWHC 1900 (Ch) (24 July 2018)

De Muller & Anor v Harrison-Morgan [2018] EWHC 1904 (Ch) (24 July 2018)

High Court (Queen’s Bench Division)

Higinbotham (formerly BWK) v Teekhungam & Anor [2018] EWHC 1880 (QB) (24 July 2018)

High Court (Technology and Construction Court)

Vinci Construction UK Ltd v Beumer Group UK Ltd [2018] EWHC 1874 (TCC) (24 July 2018)

Source: www.bailii.org

Travelling abroad with children after separation – is permission needed? – Family Law

Posted July 25th, 2018 in child abduction, children, consent, divorce, holidays, news by tracey

‘Getting away on holiday with children is hard enough; following separation, there may be an additional complication and it will need early attention.’

Full Story

Family Law, 24th July 2018

Source: www.familylaw.co.uk

Speech by Sir James Munby, President of the Family Division: Because it is the right thing to do – Courts and Tribunals Judiciary

Posted July 25th, 2018 in children, cross-examination, family courts, speeches, witnesses by tracey

‘Speech by Sir James Munby, President of the Family Division: Because it is the right thing to do.’

Full speech

Courts and Tribunals Judiciary, 24th July 2018

Source: www.judiciary.uk

Thousands of vulnerable people locked in UK immigration centres in ‘unacceptable’ conditions, review finds – The Independent

Posted July 25th, 2018 in detention, immigration, news by tracey

‘Thousands of vulnerable people are being locked in “unacceptable” conditions in immigration detention centres, often for “deeply troubling” lengths of time, a government-commissioned review has found. More than two years after ministers were urged to drastically reduce the use of detention for vulnerable immigrants, a second review by the former prisons and probation ombudsman for England and Wales suggested many people were still being held for months on end in dire circumstances.’

Full Story

The Independent, 25th July 2018

Source: www.independent.co.uk

Renew treason laws to jail enemies of the state for life, says thinktank – The Guardian

Posted July 25th, 2018 in imprisonment, news, sentencing, terrorism, treason by tracey

‘Ancient treason laws should be renewed to allow enemies of the state to be jailed for life, a right-leaning thinktank has recommended. Britons who betray the country through acts of terror or by aiding hostile nations should be dealt with as traitors, according to a Policy Exchange report.’

Full Story

The Guardian, 25th July 2018

Source: www.theguardian.com

Kit Kat case: Time for a break in trademark row? – BBC News

Posted July 25th, 2018 in food, news, trade marks by tracey

‘When is a Kit Kat not a Kit Kat? If it’s a four-fingered wafer covered in chocolate, the Kit Kat people would tell you they own that design. Spare a thought, then, for identical treats like Norway’s Kvikk Lunsj – pronounced “quick lunch” – which has been around for 80 years. Nestlé has tried to trademark the chocolate bar’s three-dimensional shape for more than a decade, which rival Cadbury has fought hard against. The European Court of Justice is due to hand down judgement on Wednesday, which could end Kit Kat’s protected European status and a saga that has proved expensive for both sides.’

Full Story

BBC News, 25th July 2018

Source: www.bbc.co.uk