What do you do when you’ve been granted planning permission by administrative error? – No. 5 Chambers

Posted August 29th, 2019 in mistake, news, planning by sally

‘In an interesting and rare case, a Revocation Order (‘the Order’) made by Thanet District Council was successfully challenged. The Order had aimed to revoke planning permission for the erection of a detached 2 storey 3 bedroom dwelling. The objector was the owner and occupier of the Order Property.’

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No. 5 Chambers, 7th August 2019

Source: www.no5.com

David Lascelles writes on important Court of Appeal decision on Rectification – Littleton Chambers

Posted August 29th, 2019 in contracts, mistake, news, rectification by sally

‘The Court of Appeal handed down judgment yesterday [2 August] in FSHC Group Holdings Ltd v Glas Trust Corporation Limited [2019] EWCA Civ 1361.’

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Littleton Chambers, 2nd August 2019

Source: www.littletonchambers.com

‘Fearful’ principal forged signatures to cover mistake – Law Society Gazette

Posted August 14th, 2019 in disciplinary procedures, forgery, mistake, news, sale of land, solicitors by michael

‘A law firm principal who claimed to be scared of losing his job if he admitted a mistake has been struck off for acting dishonestly.’

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Law Society Gazette, 12th August 2019

Source: www.lawgazette.co.uk

Man circumcised in hospital mix-up gets £20k payout – BBC News

Posted August 6th, 2019 in compensation, hospitals, medical treatment, mistake, news by tracey

‘A man who was mistakenly circumcised when he went to hospital for a routine bladder procedure has been awarded £20,000 in compensation.’

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BBC News, 6th August 2019

Source: www.bbc.co.uk

Paedophile spared jail after police and prosecutor blunders – Daily Telegraph

‘A paedophile has been spared jail after a judge claimed a series of mistakes from the police and prosecutors have allowed him to walk free.’

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Daily Telegraph, 16th July 2019

Source: www.telegraph.co.uk

All is fair in love and law: Is there a duty to inform the opposing party of its mistakes? – No. 5 Chambers

Posted July 3rd, 2019 in civil procedure rules, limitations, mistake, news, service, solicitors by sally

‘The recent decision of the Court of Appeal in Woodward v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 provides an important clarification as to whether lawyers have a duty to inform the opposing party of their mistakes when conducting litigation.’

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No. 5 Chambers, 20th June 2019

Source: www.no5.com

Home Office ‘wrecked my life’ with misuse of immigration law – The Guardian

Posted February 4th, 2019 in immigration, income tax, mistake, news, taxation, terrorism by sally

‘The Home Office has been accused of inflicting irreversible damage on the life of a pharmaceutical expert by misusing a controversial clause in immigration law to try to force her out of the UK.’

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The Guardian, 2nd February 2019

Source: www.theguardian.com

Innocent people caught up in serious police investigations due to data-handling errors, watchdog finds – The Independent

Posted February 1st, 2019 in mistake, news, ombudsmen, police, professional conduct, standards, statistics by tracey

‘Innocent people were wrongly caught up in serious police investigations such as child pornography and paedophile grooming because of data-handling errors, a watchdog found.’

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The Independent, 31st January 2019

Source: www.independent.co.uk

Whether Rates Proposal Invalidated by Omission – Local Government Law

Posted January 15th, 2019 in leases, mistake, news, rates, rent by tracey

‘In Alam v Valuation Officer (2018) UKUT 266 (LC) Mr Alam is the proprietor of the restaurant. He took a lease of a Property. His agents submitted a proposal to reduce the rateable value of the Property. In their proposal they stated correctly that Mr Alam was the occupier of the Property but also stated that the Property was “owner/occupied”. The proposal was completed in that way because of a misunderstanding between Mr Alam and his agents. As a result, the agents did not include any information in response to the question “if not owner/occupied, is a rent or licence fee paid?” and, in particular, did not state the rent payable, the date it had first become payable and the date of the next rent review. All of this was information required by Regulation 6(3) of the Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2009 (“the 2009 Regulations”). The issue in Mr Alam’s appeal to the Upper Tribunal (Lands Chamber) concerned the consequence of the mis-statement of the capacity in which Mr Alam occupied the Property and the omission of any information about the rent payable. The Valuation Tribunal for England (“VTE”) found that the proposal was invalid, explaining: “… in whatever circumstances to omit the rent from the proposal was a substantial failure to comply with the Regulations. The panel was therefore persuaded that the error was so fundamental that the proposal could not in any circumstances be treated as valid.” ‘

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Local Government Law, 9th January 2019

Source: local-government-law.11kbw.com

CPS slammed over victim letter errors – BBC News

Posted November 8th, 2018 in Crown Prosecution Service, mistake, news, standards, statistics by tracey

‘Victims of crime have been sent too many letters containing spelling mistakes, wrong addresses and other errors, inspectors have found. Letters from the Crown Prosecution Service (CPS) were deemed “unsatisfactory” with more than three quarters not properly written.’

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BBC News, 8th November 2018

Source: www.bbc.co.uk

Court of appeal to rule on struck-off doctor Hadiza Bawa-Garba – The Guardian

Posted August 14th, 2018 in appeals, disciplinary procedures, doctors, mistake, negligence, news by sally

‘The court of appeal is due to rule on whether a doctor who made errors that contributed to the death of a boy can remain in the profession.’

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The Guardian, 13th August 2018

Source: www.theguardian.com

MPs condemn Home Office deportation threats over taxes – The Guardian

Posted June 14th, 2018 in deportation, mistake, news, parliament, taxation, terrorism by tracey

‘Caroline Nokes, the immigration minister, has been accused by MPs of either not having a grip on her department or being recklessly incompetent for allowing the use of counter-terrorism powers to force the removal of highly skilled migrants from the UK over their taxes.’

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The Guardian, 13th June 2018

Source: www.theguardian.com

Three examples of how not to do family justice – Transparency Project

Posted April 18th, 2018 in family courts, judgments, judiciary, mistake, news by sally

‘This week involves a trio of disastrous cases where things have gone wrong and judges have explained why.’

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Transparency Project, 17th April 2018

Source: www.transparencyproject.org.uk

Police error meant ‘speeding’ motorists paid fines but never exceeded the limit – Daily Telegraph

Posted April 10th, 2018 in drafting, fines, mistake, news, police, regulations, road traffic, speed cameras by tracey

‘A police force has admitted it has wrongly fined ‘speeding’ motorists after a clerical error meant the speed limit was never officially lowered. Avon and Somerset Police face having to cancel hundreds of tickets after a motorist successfully overturned his fine.’

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Daily Telegraph, 9th April 2018

Source: www.telegraph.co.uk

Permission on Erroneous Basis – Local Government Lawyer

Posted March 28th, 2018 in local government, mistake, news, planning, time limits by tracey

‘In R (Thornton Hall Hotel Ltd) v Wirral MBC (2018) EWHC 560 (Admin) unconditional and permanent planning permission for the erection of three marquees on a green belt site was quashed where it had been granted on an erroneous basis, namely the omission of conditions including a five-year time limit which had clearly been envisaged by the local authority’s planning committee in approving permission. To allow the marquees to remain in place would subvert the public interest in the integrity of the planning process.’

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Local Government Lawyer, 27th March 2018

Source: local-government-law.11kbw.com

High Court quashes planning permission issued six years ago – Local Government Lawyer

Posted March 28th, 2018 in local government, mistake, news, planning, time limits by tracey

‘Planning permission issued in error by Wirral Metropolitan Borough Council six years ago has been quashed by the High Court.’

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Local Government Lawyer, 27th March 2018

Source: www.localgovernmentlawyer.co.uk

Family court secrecy lets judges get away with mistakes, senior judge says – Daily Telegraph

Posted March 15th, 2018 in family courts, judges, law reports, media, mistake, news, private hearings by tracey

‘Secrecy in family courts could be allowing judges to get away with mistakes, the most senior family judge in England and Wales has said. Speaking at an event on Tuesday evening, Sir James Munby, president of the high court’s family division, said that judges were “grotesquely overworked” and “tired” and so more likely to make errors.’

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Daily Telegraph, 14th March 2018

Source: www.telegraph.co.uk

Borrower’s solicitor not liable for bank’s loss because it should have realised her error – Legal Futures

Posted March 1st, 2018 in appeals, banking, mistake, negligence, news, Scotland, solicitors, Supreme Court by sally

‘A bank that relied on inaccurate information supplied by its borrower’s solicitor should not have won a negligence claim against her, because it failed to carry out its own checks, the Supreme Court has ruled.’

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Legal Futures, 1st March 2018

Source: www.legalfutures.co.uk

Maternity mistakes: 276,000 incidents logged in two years – BBC News

Posted December 21st, 2017 in birth, hospitals, mistake, negligence, news, statistics by tracey

‘Tens of thousands of mothers and babies in England were harmed by potential lapses in maternity care in the past two years, the BBC has learned. More than 276,000 incidents were logged by worried hospital staff between April 2015 and March 2017 – the equivalent of one mistake for every five births.’

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BBC News, 21st Decembher 2017

Source: www.bbc.co.uk

Police made ‘appalling’ errors in using internet data to target suspects – The Guardian

Posted December 21st, 2017 in data protection, internet, mistake, news, police, privacy, reports, sexual offences, warrants by tracey

‘Police have made serious errors getting search warrants for suspected sex offenders, leading to the targeting of innocent people and children being wrongly separated from their parents, an official report has revealed.’

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The Guardian, 20th December 2017

Source: www.theguardian.com