Month: November 2018

Improvement clauses needing improvement – Nearly Legal

Posted November 23rd, 2018 in appeals, drafting, housing, injunctions, landlord & tenant, news, repairs by sally

‘An object lesson in the need for clarity in tenancy agreements. This was an appeal from a first instance decision of HHJ Luba QC. Mr H was Network’s assured tenant of a flat in a block used for a sheltered housing scheme. Following a fire safety inspection, Network proposed to replace all the flat entrance doors. Mr H would not give access to Network to do so unless certain conditions were met. No agreement was reached and Network applied for an injunction for access.’

Full Story

Nearly Legal, 22nd November 2018

Source: nearlylegal.co.uk

Changes to spousal maintenance to be proposed tomorrow – Family Law

Posted November 23rd, 2018 in bills, divorce, families, financial provision, news, select committees by sally

‘Tomorrow, a Bill brought by Baroness Deech in the House of Lords will reach the committee stage. The Bill seeks to amend the Matrimonial Causes Act 1973 with regard to financial settlements following divorce. The Bill proposes introducing a fixed-term limit for spousal maintenance, among other things. Some family lawyers are warning the Bill’s provisions are unnecessary, arbitrary and risk unfairness.’

Full Story

Family Law, 22nd November 2018

Source: www.familylaw.co.uk

“Significant number” of barristers struggling with CPD regime – Legal Futures

Posted November 23rd, 2018 in barristers, continuing professional development, news, statistics by sally

‘A “significant number” of barristers are still unaware that a new scheme for continuing professional development (CPD) has been in force for nearly two years or are unclear on how it works, Bar Standards Board checks have found.’

Full Story

Legal Futures, 23rd November 2018

Source: www.legalfutures.co.uk

Man who ‘groomed’ British couple into supplying parts for Iran’s nuclear programme jailed – Daily Telegraph

Posted November 23rd, 2018 in Iran, news, nuclear weapons, proceeds of crime, sentencing, suspended sentences by sally

‘A retired company boss who made £5 million from trafficking fighter jet parts to Iran in violation of Weapons of Mass Destruction controls has been jailed for two-and-a-half years.’

Full Story

Daily Telegraph, 22nd November 2018

Source: www.telegraph.co.uk

‘Love contract’ stalker Lina Tantash jailed – BBC News

Posted November 23rd, 2018 in harassment, news, sentencing, stalking by sally

‘A “vicious, manipulative” stalker who turned her ex’s life into a “living nightmare” after he broke a so-called love contract has been jailed for four years.’

Full Story

BBC News, 22nd November 2018

Source: www.bbc.co.uk

Junk food ad ban on London transport to take effect in February – The Guardian

Posted November 23rd, 2018 in advertising, budgets, food, London, news, obesity, statistics, transport by sally

‘Junk food adverts will be banned on London Underground, train, tram and bus services from February under plans announced by London’s mayor, Sadiq Khan.’

Full Story

The Guardian, 23rd November 2018

Source: www.theguardian.com

Appealing findings made by the TCC: guidance from the Court of Appeal – Practical Law: Construction Blog

Posted November 22nd, 2018 in appeals, civil procedure rules, fire, indemnities, insurance, news by tracey

‘In 2014, a waste plant owned by Wheeldon Brothers Waste Ltd was damaged by fire. Its insurer, Millennium Insurance Company Ltd, declined to indemnify the company in relation to the fire, citing alleged breaches of a variety of policy terms. At first instance, Mr Jonathan Acton Davis QC, sitting as Deputy High Court judge, ruled that Wheeldon was entitled to the indemnity.’

Full Story

Practical Law: Construction Blog, 19th November 2018

Source: constructionblog.practicallaw.com

High Court pulls plug on CFA-backed Kenya group action – Litigation Futures

Posted November 22nd, 2018 in armed forces, class actions, colonies, fees, Kenya, limitations, news, rape, torture by tracey

‘The High Court yesterday dismissed the group litigation brought on behalf of more than 40,000 claimants in the so-called Mau Mau case, after six years of work done by lawyers operating on a “no win, no fee” basis.’

Full Story

Litigation Futures, 22nd November 2018

Source: www.litigationfutures.com

Dissolved company’s files “still privileged”, says court – Legal Futures

Posted November 22nd, 2018 in company law, documents, enforcement, law firms, news, privilege by tracey

‘Legal professional privilege can protect the documents of a dissolved company from disclosure, the High Court has ruled in a case involving global firm Dentons.’

Full Story

Legal Futures, 22nd November 2018

Source: www.legalfutures.co.uk

Vital action taken in fight against modern slavery – Home Office

Posted November 22nd, 2018 in forced labour, press releases, trafficking in human beings, Vietnam by tracey

‘The UK and Vietnam have announced a new partnership to tackle modern slavery. The 2 countries today (Monday 21 November) signed a memorandum of understanding on human trafficking that will allow for greater collaboration around intelligence sharing, supporting victims and prevention work.’

Full press release

Home Office, 21st November 2018

Source: www.gov.uk/home-office

Pair jailed for smuggling migrants to UK in small inflatable boat – The Independent

Posted November 22nd, 2018 in conspiracy, immigration, news, sentencing by tracey

‘Two men who used a small inflatable boat to smuggle Albanian migrants into the UK, in an operation so dangerous it was “like trying to cross the M25 at its busiest time on foot”, have each been jailed for eight years.’

Full Story

The Independent, 21st November 2018

Source: www.independent.co.uk

New Sentencing Code to help prevent unlawful sentences being handed out – Law Commission

Posted November 22nd, 2018 in Law Commission, press releases, sentencing, statute law revision by tracey

‘A new Sentencing Code will reduce the number of unlawful sentences being handed out and save £250 million over ten years, the Law Commission has announced today. When they sentence offenders, judges have to contend with more than 1,300 pages of law filled with outdated and inaccessible language. This law is contained in over 65 different Acts of Parliament, and has no coherent structure. This makes it difficult for judges to identify and apply the law they need, which can slow the process of sentencing and lead to mistakes.’

Full press release

Law Commission, 22nd November 2018

Source: www.lawcom.gov.uk/

Jails are failing to get a grip on violence and drugs, says chief inspector – Daily Telegraph

Posted November 22nd, 2018 in drug abuse, news, prisons, reports, self-harm, suicide, violence by tracey

‘Britain’s jails are failing to get a grip on record levels of violence, suicides, self-harm and drug-taking which are all getting worse, the chief inspector of prisons warned yesterday.’

Full Story

Daily Telegraph, 22nd November 2018

Source: www.telegraph.co.uk

Price cap plan to clamp down on high rent-to-own fees – The Guardian

Posted November 22nd, 2018 in consumer credit, consumer protection, fees, financial regulation, interest, news by tracey

‘The City watchdog has proposed a price cap on rent-to-own companies in a clampdown on “excessive charges” expected to save 300,000 vulnerable customers up to £22.7m a year.’

Full Story

The Guardian, 22nd November 2018

Source: www.theguardian.com

Grenfell Tower: Fraudster who claimed more than £100,000 meant for survivors jailed for six years – The Independent

Posted November 22nd, 2018 in fire, fraud, guilty pleas, news, sentencing, victims by tracey

‘A fraudster who claimed more than £100,000 meant for Grenfell Tower victims has been jailed for six years.’

Full Story

The Independent, 21st November 2018

Source: www.independent.co.uk

Payout over schoolboys’ sex assaults on girl, 6 – BBC News

Posted November 22nd, 2018 in assault, compensation, local government, news, school children, sexual offences by tracey

‘The parents of a girl sexually assaulted at the age of six by boys in her school playground have won compensation from the local authority.’

Full Story

BBC News, 21st November 2018

Source: www.bbc.co.uk

Facebook to lodge appeal against ICO’s £500,000 fine – The Guardian

Posted November 22nd, 2018 in appeals, data protection, fines, internet, news by tracey

‘Facebook is lodging an appeal against the record fine of £500,000 levied against it by the Information Commissioner’s Office in the UK, arguing that the penalty “challenges some of the basic principles of how people should be allowed to share information online”.’

Full Story

The Guardian, 21st November 2018

Source: www.theguardian.com

BAILII: Recent Decisions

Posted November 21st, 2018 in law reports by tracey

High Court (Administrative Court)

Dixon v Crown Prosecution Service [2018] EWHC 3154 (Admin) (20 November 2018)

High Court (Queen’s Bench Division)

Payroller Ltd & Ors v Little Panda Consultants Ltd & Ors [2018] EWHC 3161 (QB) (20 November 2018)

Ardron v Sussex Partnership NHS Foundation Trust [2018] EWHC 3157 (QB) (20 November 2018)

Source: www.bailii.org

Peers criticise growing use of ‘Henry VIII’ powers by successive governments – Local Government Lawyer

Posted November 21st, 2018 in constitutional law, legislation, news, parliament, select committees by tracey

‘Peers have hit out at the Government’s escalating use of so-called “Henry VIII powers”, describing the practice as “constitutionally objectional”. In a report the House of Lords Constitution Committee criticised the seeking of broad delegated powers that permit the determination as well as the implementation of policy, and in particular the use of such powers to create criminal offences and establish public bodies.’

Full Story

Local Government Lawyer, 20th November 2018

Source: www.localgovernmentlawyer.co.uk

Review of the Psychoactive Substances Act 2016 – Home Office

Posted November 21st, 2018 in drug abuse, drug offences, drug trafficking, enforcement, health, internet, legislation, press releases by tracey

‘This review sought to measure changes in outcomes before and after the implementation of the Act, to provide an indication of whether its aims are being achieved.’

Full press release

Home Office, 19th November 2018

Source: www.gov.uk/home-office