The Care Bill [2013-2014] is currently at the Committee Stage of its journey towards enactment.
The Bill is likely to consolidate social care law and represents the most significant attempt by the legislature to transform and modernize this huge and difficult area of public law in more than 70 years. Read more →
Under ‘The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 there are various amendments to TUPE 2006, which I set out below. Read more →
The Court of Protection and family Courts are criticised for their ‘lack of transparency’ and ‘secrecy’. Following return from the Christmas break practitioners may have noticed that judges in the county court and above have been delivering their judgment in public. Read more →
TRANSPARENCY IN THE COURT OF PROTECTION
PUBLICATION OF JUDGMENTS Read more →
Liverpool CC v John O’Boy, MIDAS Property Management Ltd and Peter Anthony Doherty, 17 December 2013
The first defendant (Mr O’ Boy) was the private owner and landlord of a property comprising 5 flats. He had instructed the second defendant (MIDAS) to act as property agent on his behalf. Following complaints from the tenants, the property was inspected by the local authority, who found the conditions to be “appalling and dangerous”. As a result, the council brought prosecutions against both the owner and the management agent for multiple breaches of the Management of Houses in Multiple Occupation Regulations (2006). Issues with the condition of the property included: Read more →
Griffiths v Secretary of State for Justice & Equality and Human Rights Commission; Coll v Secretary of State for Justice & Equality and Human Rights Commission [2013] EWHC 4077 (Admin) Read more →
Having all been frustrated with the delays, expenses and general injustice caused by parties who fail to properly engage with proceedings, and exasperated by the apparent latitude afforded to parties who fail to comply with disclosure requirements, many will have reacted positively to the strongly worded criticism of the Local Authority by Sir James Munby in the recent children cases of Re W (A Child); Re H (Children) [2013] EWCA Civ 1177 , in which he said “The court is entitled to expect – and from now on family courts will demand – strict compliance with all such orders. Non-compliance with orders should be expected to have and will usually have a consequence. Read more →
The comprehensive judgment of Mostyn J in UL v BK (Freezing Orders: Safeguards: Standard Examples) [2013] EWHC 1735 (Fam) provides essential guidance for any practitioner considering applying for a freezing injunction. Read more →
It is an obvious requirement for a new Will to be valid that the testator, whose Will it is, should not lack mental capacity. The decision in Feltham v. Bouskell [2013] EWHC 1952 (Ch) may give hope to beneficiaries disappointed by a Will found invalid for such lack of capacity, where a Solicitor was instructed in relation to that Will. Read more →
