Single Name Family Home Constructive Trusts: Is Lloyds Bank v Rosset Still Good Law? – Radcliffe Chambers

Posted February 8th, 2019 in constructive trusts, divorce, matrimonial home, news by sally

‘The breakdown of a loving relationship can cause both emotional and legal uncertainties. From a property law perspective, the key question is: who gets what? In most cases, the most valuable part of this question is: who gets the house?’

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Radcliffe Chambers, 14th January 2019

Source: www.radcliffechambers.com

Discharging a Court of Protection Security Bond After P Dies – Radcliffe Chambers

Posted February 8th, 2019 in Court of Protection, enforcement, guardianship, news, surety, wills by sally

‘When a court appoints a person, S, to act as a deputy for a protected party, P, it can require S “to give to the Public Guardian such security as the court thinks fit for the due discharge of his functions”. In practice, a court will almost always require S to provide security where (s)he will be managing P’s property and affairs. The purpose of the security is not to punish S, but instead to provide a “speedy and effective remedy” for P if S later defaults. Carefully crafted rules set out how S must provide the security, when S may start to execute their duties and how the Public Guardian can confirm that adequate security has been obtained.’

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Radcliffe Chambers, 4th February 2019

Source: www.radcliffechambers.com

Clean air strategy 2019—raising difficult expectations? – Six Pump Court

Posted February 8th, 2019 in environmental protection, news, pollution by sally

‘In an article for Lexis PSL, William Upton considers the key features and future impact of the government’s clean air strategy 2019.’

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Six Pump Court, 1st February 2019

Source: www.6pumpcourt.co.uk

Environmental Law Podcast – Six Pump Court

Posted February 8th, 2019 in environmental protection, news, podcasts by sally

‘The latest monthly environmental law news podcast presented by Mark Davies in association with LexisPSL, is now available.’

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Six Pump Court, 15th January 2019

Source: www.6pumpcourt.co.uk

How much should a residential lease extension cost? – Tanfield Chambers

Posted February 8th, 2019 in landlord & tenant, leases, news by sally

‘The need for the reform of landlord and tenant law is now a hot topic. The practice of selling houses on leases or imposing escalating ground rents has fuelled outrage from all quarters and put the spotlight on other areas of residential leasehold law which are long overdue for reform. While the lobbyists are unlikely to achieve their ultimate goal of the abolition of leasehold altogether, it is looking increasingly likely that the law on leasehold enfranchisement will be significantly overhauled.’

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Tanfield Chambers, 30th January 2019

Source: www.tanfieldchambers.co.uk

Supervising solicitor “told paralegal to lie” to barrister – Legal Futures

Posted February 8th, 2019 in disciplinary procedures, news, paralegals, personal injuries, solicitors by sally

‘An experienced personal injury paralegal who lied to a barrister and legal expenses insurer “on instruction from her supervising solicitor” has been banned from working for law firms.’

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Legal Futures, 8th February 2019

Source: www.legalfutures.co.uk

Gauke: Innovation and tech the way forward on legal aid – Legal Futures

Posted February 8th, 2019 in budgets, civil justice, legal aid, litigants in person, news by sally

‘The justice secretary said yesterday that innovation and technology, rather than significant increases in legal aid spending, are the way to improve access to justice.’

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Legal Futures, 8th February 2019

Source: www.legalfutures.co.uk

Legal advice ‘could be given in GP surgeries’ – BBC News

Posted February 8th, 2019 in doctors, legal services, mental health, news by sally

‘Legal advice could be given in GP surgeries to address issues which could exacerbate mental health problems, the Ministry of Justice has said.’

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BBC News, 7th February 2019

Source: www.bbc.co.uk

Pub operator faces £51k fine over advertisement on side of building – The Guardian

Posted February 8th, 2019 in advertising, fines, licensed premises, news by sally

‘The operator of a pub in Gateshead has been ordered to pay more than £51,000 after ignoring demands to remove an illegal advertisement on his building.’

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The Guardian, 7th February 2019

Source: www.localgovernmentlawyer.co.uk

G4S faces prosecution over smoking at immigration detention centre – The Guardian

Posted February 8th, 2019 in detention, immigration, news, prosecutions, security companies, smoking by sally

‘The security company G4S is facing prosecution for allegedly failing to implement a smoking ban at an immigration removal centre, in the first case of its kind.’

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The Guardian, 7th February 2019

Source: www.theguardian.com

Ep. 64: Informed Consent – how much direction do patients actually want? – Law Pod UK

Posted February 8th, 2019 in consent, doctors, medical treatment, news, podcasts by sally

‘Rosalind English talks to John Whitting QC of 1 Crown Office Row about Montgomery, informed consent and his response to our earlier episode “Doctor Knows Best”.’

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Law Pod UK, 4th February 2019

Source: audioboom.com

Court refuses to overturn solicitor’s sole practitioner ban – Legal Futures

Posted February 8th, 2019 in appeals, disciplinary procedures, news, solicitors by sally

‘The High Court has rejected a solicitor’s appeal against a decision to ban him from working as a sole practitioner.’

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Legal Futures, 8th February 2019

Source: www.legalfutures.co.uk

Home Secretary unveils legislative changes to tackle unauthorised encampments – Local Government Lawyer

Posted February 8th, 2019 in criminal justice, news, police, public order, travellers, trespass by sally

‘The Home Secretary has announced a series of legislative amendments aimed at improving the effectiveness of enforcement against unauthorised traveller encampments.’

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Local Government Lawyer, 6th February 2019

Source: www.localgovernmentlawyer.co.uk

Lawyers “must make way” for justice innovation to take hold – Legal Futures

Posted February 8th, 2019 in artificial intelligence, legal profession, legal services, news, paralegals by sally

‘A report on global access to legal services has identified established legal professions led by lawyers as a block to progress and urged them to step aside in favour of non-lawyer leaders who can be relied on to bring in necessary reforms without self-interest.’

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Legal Futures, 8th February 2019

Source: www.legalfutures.co.uk

What price freedom? Counting the cost when DoLS goes wrong – UK Human Rights Blog

‘Twenty years on from Bournewood, the case that prompted the introduction of DoLS, and as the Mental Capacity Amendment Bill tolls the death knell for DoLS and introduces as their replacement Liberty Protection Safeguards, the High Court (HHJ Coe sitting as a Deputy High Court Judge) has given a sharp reminder of the human and financial cost of what happens when a hospital fails properly to discharge its obligations under the Mental Capacity Act and as a result, falsely imprisons (in a hospital) a patient.’

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UK Human Rights Blog, 5th February 2019

Source: ukhumanrightsblog.com

Confidentiality – Panopticon

‘Two recent decisions of the FTT on confidential information are of interest, one under FoIA, the other under the EIR, with a local authority being the public authority in both cases.’

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Panopticon, 7th February 2019

Source: panopticonblog.com

Appeal judges rule on difference between ‘advice’ and ‘information’ – Litigation Futures

Posted February 8th, 2019 in accounts, legal services, negligence, news, solicitors by sally

‘The Court of Appeal has set out a series of steps courts should take when deciding whether a professional negligence case involves ‘advice’ or ‘information’.’

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Litigation Futures, 6th February 2019

Source: www.litigationfutures.com

Alexandra Sinclair and Joe Tomlinson: Deleting the Administrative State? – UK Constitutional Law Association

Posted February 8th, 2019 in brexit, EC law, ministers' powers and duties, news, regulations by sally

‘A key public law discussion in recent months concerns the vast number of statutory instruments (SIs) government is using to implement Brexit. Initially, it was said by government that c.800-1,000 SIs were required. That estimate has now been revised down to c.600 (while the estimated number of SIs has decreased the size of individual SIs has also increased). This aspect of the Brexit process is worthy of study for multiple reasons, perhaps most notably because of the level of democratic scrutiny that will be (realistically) provided. In this post, we introduce one aspect of Brexit SIs that, we argue, is worthy of close attention by public lawyers: the deletion of administrative functions.’

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UK Constitutional Law Association, 7th February 2019

Source: ukconstitutionallaw.org

Care home ‘neglect’ contributed to teenager’s death, inquest rules – The Guardian

Posted February 8th, 2019 in budgets, care homes, inquests, mental health, news, suicide, young persons by sally

‘Neglect at a care home that had descended into “chaos” amid cost-cutting contributed to the death of Sophie Bennett, a mentally ill 19-year old, an inquest jury has ruled.’

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The Guardian, 7th February 2019

Source: www.theguardian.com

Taxi driver who refused guide dog loses licence – BBC News

Posted February 8th, 2019 in disability discrimination, disabled persons, dogs, licensing, news, taxis by sally

‘A taxi driver who refused to pick up a blind couple and their guide dog has lost his licence.’

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BBC News, 7th February 2019

Source: www.bbc.co.uk