A way to deal with delinquent lessors? – Nearly Legal

Posted October 26th, 2018 in covenants, landlord & tenant, leases, news by tracey

‘A not infrequent problem for leaseholders is a landlord who takes a lackadaisical approach to enforcing leasehold covenants, or worse yet allows or waives breaches of covenants by certain leaseholders.’

Full Story

Nearly Legal, 24th October 2018

Source: nearlylegal.co.uk

Property Guardians – licence not tenancy in office building – Nearly Legal

Posted October 26th, 2018 in landlord & tenant, leases, news, repossession by tracey

‘Camelot Guardian Management Ltd v Khoo (2018) EWHC 2296 (QB). This is quite a significant judgment on the issue of property guardians and the licence/tenancy distinction. This was Mr Khoo’s appeal of a first instance possession judgment that found his occupation was under a licence, not a tenancy.’

Full Story

Nearly Legal, 23rd October 2018

Source: nearlylegal.co.uk

Saved by silence: Letters of intent and Arcadis v Amec – Practical Law: Construction Blog

Posted October 26th, 2018 in construction industry, contracts, news by tracey

‘Employers under construction contracts often find themselves under time pressure to get started with construction of their projects prior to concluding negotiations with their preferred contractor and before the building contract is entered into. In such a scenario, employers commonly choose to rely on a letter of intent. This should give the contractor comfort to proceed with certain elements of the construction works, while the parties continue to negotiate the full contract terms. Unfortunately not all “letters of intent” are clearly formulated in advance, and the parties may find themselves proceeding with the works on the basis of a series of exchanges and correspondence, as was the case in Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd.’

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Practical Law: Construction Blog, 24th October 2018

Source: constructionblog.practicallaw.com

The right of appeal against refusal of a residence card: the latest developments – UK Human Rights Blog

Posted October 26th, 2018 in appeals, EC law, families, human rights, immigration, news by tracey

‘As discussed previously on the Blog, the rights of the family members of EEA nationals to reside in the UK is currently in a state of flux. One important issue concerns the appeal rights of an “extended family member” of an EEA national.’

Full Story

UK Human Rights Blog, 24th October 2018

Source: ukhumanrightsblog.com

BAILII: Recent Decisions

Posted October 26th, 2018 in law reports by tracey

Supreme Court

KO (Nigeria) & Ors v Secretary of State for the Home Department (Respondent) [2018] UKSC 53 (24 October 2018)

Court of Appeal (Civil Division)

Secretary of State for the Home Department v Christy [2018] EWCA Civ 2378 (25 October 2018)

Lyons v Fox Williams LLP [2018] EWCA Civ 2347 (25 October 2018)

Criminal Injuries Compensation Authority v First-Tier Tribunal (Social Entitlement Chamber) (Criminal Injuries Compensation) [2018] EWCA Civ 2367 (25 October 2018)

High Court (Administrative Court)

Botos v Public Prosecutors Office, At the Court of Udine, Italy [2018] EWHC 2809 (Admin) (25 October 2018)

Bonner v Secretary of State for Justice [2018] EWHC 2819 (Admin) (25 October 2018)

High Court (Chancery Division)

Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) & Anor v Sandoz Ltd & Ors [2018] EWHC 2747 (Ch) (25 October 2018)

Kent v Paterson-Brown & Anor [2018] EWHC 2830 (Ch) (25 October 2018)

AIG Europe Ltd & Anor, Re [2018] EWHC 2818 (Ch) (25 October 2018)

Griffith v Gourgey & Ors [2018] EWHC 2807 (Ch) (25 October 2018)

Lehman Brothers Australia Ltd v Lomas & Ors [2018] EWHC 2783 (Ch) (24 October 2018)

Pollock v Oldfield & Anor [2018] EWHC 2743 (Ch) (24 October 2018)

High Court (Commercial Court)

Rotam Agrochemical Company Ltd & Anor v GAT Microencapsulation GMBH [2018] EWHC 2765 (Comm) (25 October 2018)

SDI Retail Services Ltd v The Rangers Football Club Ltd [2018] EWHC 2772 (Comm) (24 October 2018)

High Court (Family Division)

RV v VT [2018] EWHC 2808 (Fam) (19 October 2018)

Source: www.bailii.org

Lord Hodge at East China University of Political Science and Law, Shanghai, China, Speech – Supreme Court

‘Financial Technology: Opportunities and Challenges to Law and Regulation, East China University of Political Science and Law, Shanghai, China.’

Full speech

Supreme Court, 26th October 2018

Source: www.supremecourt.uk

Court rejects claim ‘one succession rule’ unlawfully discriminated over divorce – Local Government Lawyer

Posted October 26th, 2018 in divorce, housing, human rights, landlord & tenant, local government, news, succession by tracey

‘Rules governing the right to take over a social housing tenancy when the former tenant dies do not discriminate unlawfully between widows and divorcees contrary to Article 14 of the European Convention on Human Rights (ECHR), the High Court has ruled.’

Full Story

Local Government Lawyer, 25th October 2018

Source: www.localgovernmentlawyer.co.uk

Welsh policy on FE provision for young people with learning difficulties “lawful” – Local Government Lawyer

‘Welsh ministers and the quango Careers Wales did not act unreasonably when they decided not to reassess the educational and training needs of a young man with a learning disability, a High Court judge has ruled.’

Full Story

Local Government Lawyer, 25th October 2018

Source: www.localgovernmentlawyer.co.uk

CA refuses to widen solicitor’s retainer for negligence claim – Legal Futures

Posted October 26th, 2018 in appeals, negligence, news, personal injuries, solicitors by tracey

‘Solicitors do not have to carry out investigative tasks in areas they not been asked to deal with, however beneficial to the client it might have turned out to be, the Court of Appeal has ruled. In doing so, it rejected an appeal by a former client of City firm Fox Williams against a decision that cleared the solicitors of negligence.’

Full Story

Legal Futures, 26th October 2018

Source: www.legalfutures.co.uk

Publication of revised Code for Crown Prosecutors – Crown Prosecution Service

Posted October 26th, 2018 in codes of practice, Crown Prosecution Service, press releases by tracey

‘Revisions to the Code for Crown Prosecutors have been unveiled today by Director of Public Prosecutions Alison Saunders.’

Full press release

Crown Prosecution Service, 24th October 2018

Source: www.cps.gov.uk

Gender Recognition Act ‘could criminalise innocent staff’ – Law Society’s Gazette

Posted October 26th, 2018 in disclosure, employment, gender, news, transgender persons by tracey

‘HR staff trying to help trans people applying for a job may inadvertently commit a criminal offence under the Gender Recognition Act, employment lawyers have told the government, which is considering how trans people can achieve legal recognition more easily.’

Full Story

Law Society's Gazette, 24th October 2018

Source: www.lawgazette.co.uk

Bar Council: LASPO has failed – The Bar Council

‘Legislation passed five years ago has failed to meet its aims and has created an unfair and inefficient justice system, says the Bar Council as new research shows the true impact of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO).’

Full press release

The Bar Council, 25th October 2018

Self-harm and violent attacks in prisons hit record high as incidents rise by 20% in a year, figures show – The Independent

Posted October 26th, 2018 in news, prisons, self-harm, statistics, violence by tracey

‘Incidents of self-harm in jails across England and Wales increased to 49,565 in the year to June 2018, with the number of self-harming individuals up by 10 per cent, despite a reduction in the overall prison population.’

Full Story

The Independent, 25th October 2018

Source: www.independent.co.uk

Police ‘leaving families to fend for themselves’ amid fall in arrests – Daily Telegraph

Posted October 26th, 2018 in crime, news, police, statistics, theft, victims by tracey

‘Police have been accused of leaving families to “fend for themselves” after new figures showed the number of theft arrests has dropped by more than a quarter.’

Full Story

Daily Telegraph, 25th October 2018

Source: www.telegraph.co.uk

Labour peer Peter Hain defends decision to expose Philip Green as businessman accused of sexual harassment – The Independent

‘Peter Hain has defended his decision to use parliamentary privilege to name Sir Philip Green as the businessman at the centre of a row over allegations of sexual harassment and racial abuse.’

Full Story

The Independent, 26th October 2018

Source: www.independent.co.uk