Practitioners will find useful the judicial comments by Davis LJ around prison conditions in the context of sentencing, in a recent CA ruling following a reference by the AG of a sentence as unduly lenient. D was sentenced to a total prison term of 12.5 years on conviction of drugs offences and possession of firearms …
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Family practitioners will appreciate the expectations of the courts that litigants engage in mediation or alternative forms of non-court dispute resolution. Refusal to do so could have significant costs consequences (a point illustrated in several cases in recent times). The court is required by FPR r9.15(4)(b) to refer a case to a FDR appointment, subject …
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The judge was wrong to rule that a series of witness statements from two witnesses who died before trial were inadmissible hearsay – it was not a reasonable ruling for him to make. The CA provides a helpful overview and analysis of the legal framework on hearsay evidence and, in light of this case, gives …
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A trial pilot for the new domestic abuse measures has begun in Greater Manchester and the London boroughs of Croydon, Sutton and Bromley. Those measures are: Domestic Abuse Protection Notices – police can, in certain circumstances, issue a notice immediately following any incident of abuse. The perpetrator must be aged 18+ and be personally connected …
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The EAT has heard a case arising from a redundancy exercise where a claimant on maternity leave thought that the job had been kept open. The case summary is as follows: ‘Unfair Dismissal The claimant was on maternity leave when a redundancy exercise took place in which 21 team leader posts were reduced to 16. …
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In our July/August 2024 edition (p27) we referred to the Law Commission’s proposed consultation on whether the right to renew business tenancies, set out in Part 2 of the Landlord and Tenant Act 1954, is working and whether it meets the needs of business tenants and landlords. The first consultation paper has been released seeking …
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A case which will interest employment practitioners everywhere is one where the EAT had to consider an application for an extension of time to lodge an appeal. A firm of solicitors acting for the claimants requesting an appeal lodged documents via e-filing but not the ETs full written reasons. The firm then had some written …
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Property practitioners must keep a close eye on the progress through the legislature of the Renters Rights Bill. Much legislation on leasehold and other matters has been proposed in recent years and has fallen by the wayside – but the government seems committed to this Bill which will see the biggest change to the private …
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The EAT has heard an appeal against a ruling that a claim of unlawful deduction was made out of time. The case summary states: ‘Jurisdictional / time points The Employment Tribunal (“ET”) dismissed the claimant’s claims for notice pay and holiday pay on the basis that it did not have jurisdiction as the claim form …
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If the above changes are introduced, property practitioners may find themselves advising clients to pursue mediation for landlord and tenant disputes. Note that the Property Redress Scheme has rebranded and is now called ‘Property Redress’ and there is a new-look website. It is one of two government approved schemes covering the sales and letting sector. …
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