‘The Court of Appeal has dismissed two challenges to the issue by the UK’s HM Revenue & Customs (HMRC) of notices requiring the payment of disputed tax upfront. The Court dismissed the taxpayers’ appeals against two High Court decisions rejecting judicial review challenges to the issue of accelerated payment notices (APNs) and partner payment notices (PPNs).’
OUT-LAW.com, 15th December 2017
Source: www.out-law.com
‘In the majority of, if not all cases, a notice of arbitration will be preceded by negotiation or correspondence between employees or agents of the parties. The trap for the unwary, as illustrated by the recent decisions in Sino Channel Asia Limited v Dana Shipping and Trading Pte and Glencore Agriculture BV v Conqueror Holdings Ltd, is that serving the notice of arbitration on the person whom the serving party has previously dealt with may not be effective service at all.’
Hardwicke Chambers, 1st December 2017
Source: www.hardwicke.co.uk
‘The justice secretary, David Lidington, has unveiled a series of measures that the government hopes will urgently tackle failing prisons in England and Wales. From Thursday, the chief inspector of prisons has been given new powers to alert the justice secretary directly of any urgent and severe problems he finds during a jail inspection.’
The Guardian, 30th November 2017
Source: www.theguardian.com
‘Oil and gas distributing company Glencore Energy’s application for judicial review of the issue of a diverted profits tax (DPT) charging notice by HM Revenue and Customs (HMRC) has been rejected for a second time.’
OUT-LAW.com, 3rd November 2017
Source: www.out-law.com
‘A landmark report published today by the Nuffield Foundation calls for an end to fault-based divorce law in England and Wales.’
Family Law, 30th October 2017
Source: www.familylaw.co.uk
‘Today, the Nuffield Foundation has published a report, Finding Fault, which calls for the introduction of no-fault divorce in England and Wales: there is a summary version here.’
Law & Religion UK, 30th October 2017
Source: www.lawandreligionuk.com
‘Businesses that outsource the processing of personal data to other companies will be said to be aware of data breaches experienced by those processors as soon as the processors themselves recognise the breach, according to proposed new guidance.’
OUT-LAW.com, 20th October 2017
Source: www.out-law.com
‘Victims of the contaminated blood scandal in the 1970s and 80s have won the right to launch a High Court action for damages.’
The Independent, 26th September 2017
Source: www.independent.co.uk
‘Data security and privacy will be bolstered by the introduction of new data breach reporting requirements, the UK’s information commissioner has said..’
OUT-LAW.com, 6th September 2017
Source: www.out-law.com
‘The High Court has held that CPR 83.13 (permission required to issue a writ of possession) does not require that the occupier be given notice of the actual application for permission. What is required is that they should have sufficient knowledge about the case as a whole.’
Arden Chambers, 15th August 2017
Source: www.ardenchambers.com
‘The High Court has held that it is a question of fact whether accommodation occupied after the acceptance of a full housing duty under s.193(2), Housing Act 1996, but which was initially provided to the applicant under s.188, is a “dwelling” for the purposes of ss.3 and 5, Protection from Eviction Act 1977. In the present case, the appellant occupied the property as a dwelling and the notice to quit served on her was invalid because it did not contain the information prescribed by the Notices to Quit etc. (Prescribed Information) Regulations 1988 (SI 1988/2201).’
Arden Chambers, 10th August 2017
Source: www.ardenchambers.com
‘Those who have been readers of this blog for a while may recall our campaign about evictions by High Court Sheriffs where the writs were (wrongly) obtained as an administrative act by using form N293A. This culminated in a practice note by Senior Master Fontaine, stressing that – for tenants, if not for trespassers or mortgage possessions – any application for a writ had to comply with CPR 83.13.’
Nearly Legal, 20th August 2017
Source: nearlylegal.co.uk
‘Earlier this year in the US, a legal case revolved around the use of an Oxford comma. Not to be outdone, last month the Court of Appeal in England & Wales had to determine the meaning of the word ‘or’; in doing so, they embarked upon a semantic analysis of one of the most common words in the English language, flavoured by the Supreme Court’s most recent case on construction of contracts.’
Hardwicke Chambers, 15th June 2017
Source: www.hardwicke.co.uk
‘Police forces in England and Wales are relaxing checks on hundreds of sex offenders living in the community who are assessed to be low risk. Police say the “tailored approach” applies to people who have not reoffended for three years.’
BBC News, 29th June 2017
Source: www.bbc.co.uk
UKI (Kingsway) Ltd v Westminster City Council [2017] EWCA Civ 430
‘The freeholder of a building being redeveloped failed to agree with the local billing authority a date on which the building would be brought into the ratings list. The authority subsequently delivered to the manager of the building a completion notice addressed to “the owner” specifying a date. The manager, who was not authorised to accept legal documents on behalf of the freeholder, scanned the document and e-mailed a copy to the freeholder. When the building was entered onto the ratings list the freeholder appealed on the grounds that the completion notice was invalid and had not been validly served. Before the Court of Appeal the sole issue was the validity of service.’
WLR Daily, 15th June 2017
Source: www.iclr.co.uk
‘The Upper Tribunal reversed decisions from the First Tier Tribunal in respect of the validity of estimated service demands, the requirements to prove the service of a notice under section 20B in light of the incorporation of section 196 of the Law of Property Act 1925 in the lease, and whether a tenant had waived the Landlord’s non-compliance with service charge mechanism of the lease by conduct.’
Tanfield Chambers, 1st June 2017
Source: www.tanfieldchambers.co.uk
‘Substantial damages of £10,500 have been awarded to a claimant who was unlawfully detained for a period of 70 days. The Home Office had failed to serve the Claimant with notice of a decision on his application to vary his leave to remain in the UK before detaining him, rendering his detention unlawful. The case is R (on the application of) Godwin Chaparadza v Secretary of State for the Home Department [2017] EWHC 1209 (Admin).’
Free Movement, 7th June 2017
Source: www.freemovement.org.uk
‘A natural father need not be given a copy of a notice of care proceedings where this would create a risk for the mother, HHJ Bellamy has ruled in the Family Court.’
Local Government Lawyer, 6th June 2017
Source: www.localgovernmentlawyer.co.uk
‘Suspects in criminal investigations will no longer be told by police they do not face any charges because of “insufficient evidence” the government has announced. It was responding to concerns that the phrase would cause an individual’s innocence to be questioned by the public and the media.’
Law Society’s Gazette, 21st April 2017
Source: www.lawgazette.co.uk
‘A notification injunction is a variant of a conventional freezing injunction. Broadly speaking, it provides that the respondent cannot deal with or dispose of his assets without first providing advance notice of the proposed dealings to the applicant.’
Littleton Chambers, 24th March 2017
Source: www.littletonchambers.com
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