Trees in Churchyards – Law & Religion UK

Posted December 2nd, 2024 in ecclesiastical law, faculties, news, trees by tracey

‘Trees seldom feature in the deliberations of the consistory courts, and since 2014 L&RUK has only reviewed 23 judgments in this area – just 1.9% of the total[*]. In June 2024, the Ecclesiastical Law Association (ELA) re-circulated Re St. Kenelm Upper Snodsbury [2001] Worcester Const. Ct., Mynors Ch on the basis that it was the first consistory court judgment since changes were made under the Faculty Jurisdiction Rules 2000 (SI 2047); this recognized that petitions concerning works to trees were quite different from those relating to building works and provides a special procedure accordingly.

This post includes summaries of Re St. Kenelm Upper Snodsbury and these twenty two subsequently reported cases which have been posted on L&RUK over the period 2015 to present; in descending chronological order.’

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Law & Religion UK, 2nd December 2024

Source: lawandreligionuk.com

Fees before the Tenant Fees Act, after the Tenant Fees Act. – Nearly Legal

Posted December 2nd, 2024 in fees, landlord & tenant, news, statutory interpretation by tracey

‘Martyna Switaj v Adrian McClenaghan (2024) EWCA Civ 1457. The Court of Appeal on the status of a fee related to a tenancy taken before the Tenant Fees Act 2019 came into force on 1 June 2019 and the impact on the validity of a section 21 notice.’

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Nearly Legal, 1st December 2024

Source: nearlylegal.co.uk

Posthumous Right to Buy – Nearly Legal

Posted December 2nd, 2024 in housing, news, right to buy, succession by tracey

‘Howe v Brent London Borough Council (2024) EWCA Civ 1444. Just a quick note on this Court of Appeal judgment on whether “a family member (B) of a secure tenant with a right to buy their home (A) is able to exercise a shared right to buy if A, whose right is established, dies after B’s entitlement to share A’s right to buy has been claimed by A, but before the landlord has accepted B’s right or it has been established by the County Court.” ‘

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Nearly Legal, 1st December 2024

Source: nearlylegal.co.uk

Changes to payment practices and performance reporting for large businesses – OUT-LAW.com

‘Large businesses in the UK preparing for the 2024-25 reporting season will need to be aware of the latest changes to the payment practices and performance reporting requirements.’

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OUT-LAW.com, 29th November 2024

Source: www.pinsentmasons.com

Francesca Jackson: Should the Monarch Pay Inheritance Tax? – UK Constitutional Law Association

Posted December 2nd, 2024 in constitutional law, Crown, inheritance tax, news, royal family by tracey

‘The recent protests by farmers over changes to the rules on inheritance tax have raised questions over who, if anyone, should be exempt from paying it – including King Charles, as an episode of Newsnight has recently highlighted.’

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UK Constitutional Law Association, 2nd December 2024

Source: ukconstitutionallaw.org

Perception of harm as a material planning consideration – Local Government Lawyer

Posted December 2nd, 2024 in environmental protection, local government, news, planning by tracey

‘The perception of harm has an important role to play as part of the consideration of a planning application, writes Anne Gerzon.’

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Local Government Lawyer, 29th November 2024

Source: www.localgovernmentlawyer.co.uk

Defending cycling pothole claims – Local Government Lawyer

Posted December 2nd, 2024 in bicycles, local government, news, personal injuries, roads by tracey

‘A recent High Court ruling could help with the defence of cycling pothole claims, writes John Goodman.’

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Local Government Lawyer, 29th November 2024

Source: www.localgovernmentlawyer.co.uk

New measures to protect victims of domestic abuse – Ministry of Justice

Posted December 2nd, 2024 in domestic violence, government departments, news, victims by tracey

‘Domestic abusers will be ordered to stay away from their victims and face tougher restrictions with the launch of new protective orders today.’

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Ministry of Justice, 28th November 2024

Source: www.gov.uk

High public confidence in barristers falters among ethnic minorities – Legal Futures

Posted December 2nd, 2024 in barristers, equality, legal profession, news, race discrimination, statistics by tracey

‘Public confidence in barristers is high, but lower among those from minority backgrounds, especially when it comes to perceptions of whether they treat everyone fairly, new research has found.’

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Legal Futures, 2nd December 2024

Source: www.legalfutures.co.uk

Government “at risk of breaching duty” to provide access to justice – Legal Futures

Posted December 2nd, 2024 in civil justice, fees, legal aid, legal profession, Ministry of Justice, news by tracey

‘The Ministry of Justice is at risk of not meeting its statutory duty for civil legal aid to deliver access to justice, according to research it commissioned.’

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Legal Futures, 2nd December 2024

Source: www.legalfutures.co.uk

Rogue employers will be banned from hiring overseas workers – Home Office

Posted December 2nd, 2024 in employment, government departments, immigration, minimum wage, news, visas by tracey

‘Shameless businesses who commit serious offences will be banned from sponsoring overseas workers to crack down on visa abuse and prevent exploitation.’

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Home Office, 28th November 2024

Source: www.gov.uk

CPS sets out Action Plan to tackle disproportionality in charging decisions – Crown Prosecution Service

‘An ambitious plan to tackle racial disproportionality and safeguard fair prosecution decision-making for all has been published today by the Crown Prosecution Service.’

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Crown Prosecution Service, 28th November 2024

Source: www.cps.gov.uk

Speech by the Master of the Rolls: Are rights sufficiently human in the age of the machine? – Courts and Tribunals Judiciary

Posted December 2nd, 2024 in artificial intelligence, climate change, human rights, judges, news, speeches by tracey

‘Speech by the Master of the Rolls: Are rights sufficiently human in the age of the machine?.’

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Courts and Tribunals Judiciary, 27th November 2024

Source: www.judiciary.uk

Enacting Just and Equal Laws: the Mayflower 400 Lecture by the Lady Chief Justice – Courts and Tribunals Judiciary

Posted December 2nd, 2024 in human rights, judges, legal history, news, speeches by tracey

‘Baroness Carr of Walton-on-the-Hill, the Lady Chief Justice of England and Wales, delivered the 2024 Mayflower 400 Lecture at the University of Plymouth on Thursday 28 November.’

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Courts and Tribunals Judiciary, 29th November 2024

Source: www.judiciary.uk

CoA rejects late claim in spite of its merits – Law Society’s Gazette

Posted December 2nd, 2024 in appeals, case management, damages, news, striking out, time limits by tracey

‘The Court of Appeal has ruled that a litigant who missed a deadline should not have been granted leniency merely because she appeared to have a strong case.’

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Law Society's Gazette, 2nd December 2024

Source: www.lawgazette.co.uk

Women not appealing conviction ‘because they fear rocking the boat’ – Law Society’s Gazette

‘Women are less likely than men to appeal their convictions because they fear “rocking the boat” and doing anything that could increase their sentence, the Criminal Cases Review Commission has revealed.’

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Law Society's Gazette, 2nd December 2024

Source: www.lawgazette.co.uk

Child Maintenance and Mortgage Payments – New Guidance: LM v SSWP & NM [2024] UKUT 259 (AAC) – Financial Remedies Journal

‘What happens if the Child Maintenance Service (CMS) has determined that a non-resident parent (NRP) is required to pay child maintenance to the parent-with-care (PWC), but payments are also being made towards the mortgage secured on the property in which PWC still lives with the qualifying child/children (QC)? Does it matter if the property is jointly owned by NRP and PWC? Will those mortgage payments reduce the amount of child maintenance?’

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Financial Remedies Journal, 29th November 2024

Source: financialremediesjournal.com

Shared parental leave ‘failing working families’ – BBC News

Posted December 2nd, 2024 in children, employment, equality, families, maternity leave, news, paternity leave by tracey

‘A decade on from the introduction of a landmark scheme aimed at helping new parents share childcare, campaigners say shared parental leave is failing the working families it was designed to help.’

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BBC News, 2nd December 2024

Source: www.bbc.co.uk

New deadlines set for fixing dangerous cladding – BBC News

‘Plans to speed up the removal of unsafe cladding, including target dates for making buildings safe and tougher penalties for refusing to act, have been announced by ministers.’

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BBC News, 2nd December 2024

Source: www.bbc.co.uk

Watchdog ‘appalled’ by use of restraint on autistic children at London school – The Guardian

‘The children’s commissioner for England has called for an urgent review of the use of restraint and “calming rooms” after leaked CCTV footage showed autistic children being pushed into a padded space where they were left distressed, self-harming and sitting in vomit.’

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The Guardian, 27th November 2024

Source: www.theguardian.com