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Autumn 2017 Budget: key planning announcements

Posted by admin | 11.22.2017 | Blog

The implications of the government’s Autumn 2017 Budget for planning. Source: PracticalLaw 1

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Brexit and civil justice and private international law: European Commission notice to stakeholders on consequences

Posted by admin | 11.22.2017 | Blog

The European Commission, on 21 November 2017, published a Notice to Stakeholders in the field of civil justice and private international law, reminding them of the legal repercussions of the withdrawal of the United Kingdom from the EU. Source: Practicallaw2

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Zambrano carers are lawfully excluded from certain non-contributory social security assistance (Supreme Court)

Posted by admin | 11.22.2017 | Blog

In R (HC) v Secretary of State for Work and Pensions and others [2017] UKSC 73, the Supreme Court agreed with the Court of Appeal that it is lawful for the government to amend regulations to exclude Zambrano carers from claiming certain non-contributory social security assistance. The government was requested to provide guidance to local…

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The extent to which time may be made of the essence for a rent review (Upper Tribunal (Lands Chamber))

Posted by admin | 11.21.2017 | Blog

In Proxima GR Properties Ltd v Spencer [2017] UKUT 450 (LC), the Upper Tribunal (Lands Chamber) considered the extent to which it was open to a tenant to make time of the essence in relation to the appointment of a surveyor to determine a rent review, where the lease specified that the appointment could be…

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Child's welfare dictates living arrangements when surrogacy agreement breaks down (Court of Appeal)

Posted by admin | 11.21.2017 | Blog

In Re H (A Child: Surrogacy Breakdown) [2017] EWCA Civ 1798, the Court of Appeal affirmed the decision in Re N (A Child) [2017] EWCA Civ 1053, that following the breakdown of a surrogacy agreement, the child’s welfare is the court’s paramount consideration when determining the child’s living arrangements. Source: Practicallaw2

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Sustainable drainage systems (SUDS): Welsh Government consults on the draft statutory instruments and national standards

Posted by admin | 11.20.2017 | Blog

The Welsh Government has published a consultation on draft statutory instruments and national standards for sustainable drainage systems (SUDS) which are required to implement Schedule 3 of the Flood and Water Management Act 2010. Source: PracticalLaw 1

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Capacity of mother under 16 to consent to adoption: Test is Gillick with Mental Capacity Act 2005 elements (High Court)

Posted by admin | 11.17.2017 | Blog

In Re S (Child as parent: Adoption Consent) [2017] EWHC 2729 (Fam), Cobb J gave guidance about the test for evaluating the competence or capacity of a child mother under 16 to consent to her child’s adoption. Source: Practicallaw2

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Release of prescriptive right of light by tenant (High Court)

Posted by admin | 11.17.2017 | Blog

In Metropolitan Housing Trust Ltd v RMC FH Co. Ltd [2017] EWHC 2609 (Ch), the High Court considered whether the head tenant of a block of flats was entitled to release the prescriptive right of light appurtenant to its headlease which burdened an adjoining development site. Source: PracticalLaw 1

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Changes to the CHAPS system will affect any contracts incorporating the SCPCs or SCSs

Posted by admin | 11.16.2017 | Blog

An update on the Law Society’s announcement that changes to the CHAPS system of payment will have an effect on the Standard Commercial Property Conditions (SCPCs) and the Standard Conditions of Sale (SCSs). Source: PracticalLaw 1

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Family news round-up to 16 November 2017

Posted by admin | 11.16.2017 | Blog

News stories of interest to family lawyers for the week to 16 November 2017. Source: Practicallaw2

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