News – Page 274
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Radical shakeup of social housing is potentially damaging
The Law Society has been coordinating responses from members of its relevant committees (planning, conveyancing and housing) to large parts of the Localism Bill. This is the bill that proposes to bring in far-reaching plans to devolve power to the local community to build on the government’s idea of the ...
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Disbursement? VAT depends…
A common query posed to VAT advisers is: can a particular cost be recharged without VAT as a disbursement? Well, that depends. The recent case of Barratt, Goff & Tomlinson (BGT) [MAN/2009/0219] highlights just how muddy the issue of disbursements has become. The appellant was ...
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Failure to manage your data could be criminal
The way a law firm handles information could represent a ticking time bomb. Every document you file carries legal, financial and practical implications for your business. It is vital to understand these implications, and the actions required to protect the business and its clients.
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Tenancy deposits
Since 6 April 2007, the well-worn road of disputes about the return of tenants’ deposits has taken a new turn with the statutory obligation on the landlord to protect the deposit within an authorised tenant deposit scheme (section 213 Housing Act 2004). ...
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Considering the statutory obligation on landlords to protect tenants’ deposits
Since 6 April 2007, the well-worn road of disputes about the return of tenants’ deposits has taken a new turn with the statutory obligation on the landlord to protect the deposit within an authorised tenant deposit scheme (section 213 Housing Act 2004). ...
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Family law
Child abduction - Children’s welfare - Discretionary powers Re O (Children): CA (Civ Div) (Lords Justices Wilson, Pitchford, Black): 16 February 2011 The appellant mother (M) appealed against a decision ...
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Civil procedure
Legal profession - Course of conduct - Defence statements - Harassment Iqbal v Dean Manson Solicitors: CA (Civ Div) (Lady Justice Smith, Lords Justices Rix, Richards): 15 February 2011 The ...
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Uren v Corporate Leisure (UK) Ltd and Ministry of Defence
Mr Uren was a member of the RAF who suffered a spinal injury when taking part in a ‘health and fun day’, during which he dived head first into an inflatable pool containing water with a depth of 18 inches while competing to collect pieces of plastic fruit. ...
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Will the new act begin with a whimper?
Last week, the first corporate prosecution under the much-heralded Corporate Manslaughter and Corporate Homicide Act 2007 ended with a fine of £385,000 against Cotswold Geotechnical Holdings. This followed its conviction for corporate manslaughter at Winchester Crown Court two days earlier. ...
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Landlord and tenant
Civil procedure - Housing - Local government - Demoted tenancies Manchester City Council v Pinnock (No.2): SC (Lord Phillips (president), Lord Hope (deputy president), Lord Rodger, Walker, Lady Hale, Brown, Lord Mance, Lord Neuberger, Lord Collins (Justices of the ...
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Civil procedure
Costs - Construction disputes - Mediation - Part 36 offers Rolf v De Guerin: CA (Civ Div) (Lords Justices Rix, Elias, Tomlinson): 9 February 2011 The appellant (R) appealed against ...
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Employment
Education - Local government - Addition of parties - Boards of governors Jones v Neath Port Talbot County Borough Council: CA (Civ Div) (Lords Justices Carnwath, Elias, Pitchford): 9 February 2011 ...
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Defining the scope of witness immunity
The rule of witness immunity was set out by Lord Hutton in Darker v Chief Constable of the West Midlands [2001] 1 AC 435, a case which concerned police malpractice. Lord Hutton held: ‘The rule that a party has immunity in respect of what he ...
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Complaints clinic: Legal Ombudsman
A new monthly column featuring practical advice and case studies from chief ombudsman Adam Sampson and his team At last, just before Christmas, the Legal Ombudsman cranked properly into business. ...
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Gang injunctions and civil liberty
In July 2010 Theresa May heralded the end of the ASBO; claiming that they are responsible for putting ‘too many young people on the conveyor belt to prison’. Civil liberty groups and criminal lawyers alike breathed a collective sigh of relief, glad to see the ...
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Local government and mayoral chief executives
The mother of parliaments has irreverently been described as a ‘palace of varieties’. For, despite the seriousness of the business before MPs, the House of Commons can often look like pantomime knockabout. The ‘oh no it isn’t, oh yes it is’ of prime minister’s questions ...
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Personal injury
Armed forces - Employment - Health and safety at work - Negligence Robert Lee Uren v (1) Corporate Leisure (UK) Ltd (2) Ministry Of Defence: CA (Civ Div) (Lady Justice Smith, Lords Justices Aikens, Pitchford): 2 February 2011 ...
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Immigration
Local government - Age assessment - Asylum seekers - Unaccompanied minors R (on the application of FZ) v Croydon London Borough Council: CA (Civ Div) (Sir Anthony May (president QB), Lady Justice Smith, Lord Justice Aikens): 1 February 2011 ...
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Immigration
Human rights - Best interests - Children - Deportation ZH (Tanzania) V Secretary of State for the Home Department: SC (Lords Justices Hope, Brown, Mance, Kerr, Lady Justice Hale): 1 February 2011 ...