Camden LBC v Morath [2019] UKUT 193 (LC) – Tanfield Chambers

Posted December 4th, 2019 in landlord & tenant, leases, news, service charges by sally

‘The First-tier Tribunal had been correct to refuse a local authority landlord’s application under the Landlord and Tenant Act 1987 section 35 to vary 28 subleases granted to the occupiers of flats. The fact that those sublessees made a lower contribution by way of service charges to the landlord’s expenses than the sublessees of other flats in the same development did not mean that their subleases failed, for the purposes of section 35(2), to “make satisfactory provision” for the recovery of expenditure.’

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Tanfield Chambers, 29th November 2019

Source: www.tanfieldchambers.co.uk

Supreme Court unanimously rules detention of asylum seekers pending removal was unlawful – UK Human Rights Blog

‘R (Hemmati and others) v Secretary of State for the Home Department [2019] UKSC 56. In a significant public law decision, the Supreme Court dismissed the Secretary of State’s appeal and held that the policy governing detention pending removal fails to comply with the Dublin III Regulation as it lacks adequate certainty and predictability.’

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UK Human Rights Blog, 3rd December 2019

Source: ukhumanrightsblog.com

Borough council secures guilty pleas for plying for hire during Cheltenham Festival – Local Government Lawyer

Posted December 4th, 2019 in guilty pleas, insurance, licensing, local government, news, prosecutions, taxis by tracey

‘Cheltenham Borough Council has successfully prosecuted five drivers for unlawfully plying for hire during Cheltenham Festival 2019.’

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Local Government Lawyer, 4th December 2019

Source: www.localgovernmentlawyer.co.uk

Judge orders wife and mother-in-law to pay £12m costs bill – Litigation Futures

Posted December 4th, 2019 in costs, fraud, news, third parties by tracey

‘The High Court has ordered the wife and mother-in-law of a Kazakh businessman, the subject of a “very substantial fraud claim”, to pay the claimants’ costs bill of over £12m.’

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Litigation Futures, 3rd December 2019

Source: www.litigationfutures.com

Barristers still struggling with concept of CPD “reflection” – Legal Futures

Posted December 4th, 2019 in barristers, continuing professional development, news, reports by tracey

‘Barristers are generally happy with their new continuing professional development (CPD) regime but are struggling to understand the concept of “reflection”, independent research has found.’

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Legal Futures, 4th December 2019

Source: www.legalfutures.co.uk

Finance Manager sentenced for stealing over £180K from Keswick School – Crown Prosecution Service

Posted December 4th, 2019 in news, sentencing, theft by tracey

‘A 52-year-old woman has today been sentenced to 32 months’ imprisonment for stealing over £188,000 from Keswick School.’

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Crown Prosecution Service, 3rd December 2019

Source: www.cps.gov.uk

Flexible operating hours must stop, says incoming Bar Council chair – Law Society’s Gazette

Posted December 4th, 2019 in barristers, courts, diversity, flexible working, news by tracey

‘Flexible operating hours in courts are “an anathema to those with caring responsibilities” and inhibit diversity at the bar, the incoming chair of the Bar Council has said.’

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Law Society's Gazette, 3rd December 2019

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted December 4th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Dickinson & Anor v NAL Realisations (Staffordshire) Ltd & Anor [2019] EWCA Civ 2146 (03 December 2019)

Brar & Anor v Thirunavukkrasu [2019] EWCA Civ 2032 (03 December 2019)

Rehoune v London Borough of Islington [2019] EWCA Civ 2142 (03 December 2019)

High Court (Chancery Division)

Barness & Ors v Ingenious Media Ltd & Ors [2019] EWHC 3299 (Ch) (03 December 2019)

Sheinberg v Abdon & Ors [2019] EWHC 3220 (Ch) (03 December 2019)

SL Claimants v Tesco Plc [2019] EWHC 3315 (Ch) (03 December 2019)

SL Claimants v Tesco Plc [2019] EWHC 3312 (Ch) (03 December 2019)

High Court (Family Division)

Neil v Neil [2019] EWHC 3330 (Fam) (22 November 2019)

High Court (Queen’s Bench Division)

James v Saunders [2019] EWHC 3265 (QB) (29 November 2019)

High Court (Technology and Construction Court)

Munkenbeck and Marshall & Anor v The Vinyl Factory Ltd & Ors [2019] EWHC 3225 (TCC) (02 December 2019)

Source: www.bailii.org

Soldier wins racism claim against British Army after superiors confused him with only other black sergeant in unit – Daily Telegraph

Posted December 4th, 2019 in armed forces, news, race discrimination, racism by tracey

‘A soldier has won a racism claim against the Ministry of Defence after being confused with the only other black sergeant in the unit.’

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Daily Telegraph, 3rd December 2019

Source: www.telegraph.co.uk

‘Scandal brewing’ as thousands of suspects released – BBC News

Posted December 4th, 2019 in bail, news, police, statistics, time limits by tracey

‘More than 93,000 suspected violent criminals and sex offenders have been released without restrictions by police in England and Wales since 2017, figures obtained by BBC Newsnight show. People suspected of offences including rape and murder have been among those “Released Under Investigation” (RUI). Richard Miller of the Law Society said a “major scandal” was brewing over the way RUIs are being used.’

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BBC News, 3rd December 2019

Source: www.bbc.co.uk

Police referred to standards watchdog over death of 12-year-old boy killed outside school – Daily Telegraph

‘Police investigating a hit and run outside a school tonight referred themselves to the standards watchdog over their “previous contact” with the murder suspect.’

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Daily Telegraph, 3rd December 2019

Source: www.telegraph.co.uk

Convicted paedophile who dressed as Santa and offered to pose for pictures with children is sent back to jail – The Independent

‘A convicted paedophile who dressed up as Santa and offered to pose for pictures with children in exchange for money has been sent back to jail.’

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The Independent, 3rd December 2019

Source: www.independent.co.uk

Another Deliveroo TV ad banned for being misleading – BBC News

Posted December 4th, 2019 in advertising, complaints, news by tracey

‘An advert featuring a woman diving into a Deliveroo delivery bag to retrieve multiple food orders has been banned.’

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BBC News, 4th December 2019

Source: www.bbc.co.uk

Farieissia Martin to appeal against murder conviction – BBC News

Posted December 4th, 2019 in appeals, domestic violence, murder, news by tracey

‘A woman serving a life sentence for stabbing her ex-partner to death has won the first stage of a bid to overturn her murder conviction.’

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BBC News, 3rd December 2019

Source: www.bbc.co.uk

Pakistani tycoon agrees to hand over £190m to UK authorities – The Guardian

Posted December 4th, 2019 in bribery, corruption, fraud, news, proceeds of crime by tracey

‘More than £190m of assets, including a £50m mansion overlooking Hyde Park in London, have been seized from a Pakistani property tycoon after a settlement in a UK police “dirty money” investigation.’

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The Guardian, 3rd December 2019

Source: www.theguardian.com

All in a Day’s Work: Salary caps in the cross-hairs of UK and EU sports regulation – Sports Law Bulletin from Blackstone Chambers

Posted December 3rd, 2019 in competition, disclosure, fines, limitations, news, remuneration, sport by tracey

‘The past couple of weeks have seen a major ruckus run through the world of Rugby Union, raising questions about the financial aspects of the game and how to ensure fair competition.’

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Sports Law Bulletin from Blackstone Chambers, 2nd December 2019

Source: www.sportslawbulletin.org

Councils and housing associations “face multi-million pound refunds to tenants after water re-selling test case in High Court – Local Government Lawyer

‘Local authorities and housing associations could face having to refund millions of pounds to tenants after a council lost a test case in the High Court on water re-selling, it has been claimed.’

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Local Government Lawyer, 2nd December 2019

Source: www.localgovernmentlawyer.co.uk

Enraged mother threw her own baby at police officer causing spinal injury – Daily Telegraph

‘A police officer suffered a life-changing spinal injury after a mother threw her own child at them in a rage, a court heard.’

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Daily Telegraph, 2nd December 2019

Source: www.telegraph.co.uk

Disabled workers paid 12% less, ‘damning’ UK official figures show – The Guardian

‘Disabled people continue to face prejudice in the workplace campaigners have said, after latest government figures showed they were paid on average 12.2% less than those without impairments, equivalent to £1.48 an hour.’

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The Guardian, 2nd December 2019

Source: www.theguardian.com

Prisons put terrorists on waiting list to receive help to deradicalise – The Guardian

‘Convicted terrorists are having to be put on waiting lists for the main government-backed programme that will turn them away from violent extremism, an expert has revealed.’

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The Guardian, 3rd December 2019

Source: www.theguardian.com