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Presently landlords of commercial premises can use the remedy of distress to recover arrears of rent from tenants. The remedy is powerful in that commercial landlords can instruct bailiffs to seize goods up to the value of the arrears without giving any...
Following on from my blog in February 2012 about the Court of Appeal’s decision in the Marley v Rawlings case, the Supreme Court last week handed down their judgment in the appeal of that decision, overturning the Court of Appeal. The judgment can be...
On 17 January 2014, the National College for Teaching and Leadership (NCTL) published their updated ‘Teacher misconduct: the prohibition of teachers’ advice following an eight-week consultation period. The NCTL stated that the majority of...
This column was first published in the Wigan Observer on the 28th of January 2014 Q: I am currently in the process of separating, how should my partner and I go about dividing our possessions? A: When separating from a partner , dividing the personal...
The Department for Communities and Local Government (DCLG) has now provided an even bigger incentive for council tenants to exercise the Right to Buy. It has announced an increase in the maximum Right to Buy percentage discount for eligible social tenants...
In December 2013, a neighbour dispute escalated to the Royal Courts of Justice in relation to a wheelie bin and whether it should be allowed to be positioned on a shared driveway. This somewhat bizarre case arose when Mr Ali (the Defendant) was taken to...
Fraud is on the increase and there is a rising incidence of fraudsters targeting the properties of both individuals and companies. Property fraud is becoming increasingly common and so these attacks often include identity and other types of fraud and the...
The Department of Health has set out proposals for every breast implant operation in England to be recorded on a new register. This follows the recommendation of Sir Bruce Keogh following the scandal surrounding breast implants manufactured by the French...
After a High Court decision last year, one man was facing selling his home and the other a divorce. This can be the harsh reality of a simple neighbour dispute . After 18 months of fighting, Mr Frost eventually won his claim against his neighbour. Mr Kemp,...
This was first published in the Wigan Observer on January 14th 2014 Q: I have heard that families will have to go through mediation before going to court to resolve family disputes - is this true? A: As the New Year commences there are a couple of stand...
A homeowner in Evesham, Worcestershire was landed with a £2,500 legal bill and the threat of an Anti Social Behavior Order because she failed to trim her 32 ft conifer. Things were made worse when she willfully ignored the advice given by her local...
Last week an operating department practitioner (ODP) faced disciplinary proceedings before the Health and Care Professions Council (HCPC) for misconduct after taking to Twitter to vent frustrations with his employer and his profession. The nature of his...
In an aim to ‘put compassion back into the heart of nursing’, the Nursing and Midwifery Council ( NMC ) has introduced three-year competency checks to ensure nurses and midwives reflect on patient feedback and provide evidence to prove they are...
Housing benefit claimants who have been continuously living in their property since 1 January 1996 may still be entitled to the spare room subsidy, and therefore would not have to pay the controversial ‘bedroom tax’. The Department...
Another dreadful period of winter weather has once again raised the spectre of flooding for thousands of households across the country. Flooding is devastating. Destroying homes and belongings and sending family life into chaos. Often homes that sit on...
It is widely accepted that the Proceeds of Crime Act (POCA) is a highly complex area of law. What many people facing these proceedings are unaware of is that whereas the burden of proof for the primary offence is on the prosecution to prove guilt, for the...
Several police forces have begun an initiative of naming people charged with drink driving, and even publishing their addresses. Whilst there will undoubtedly be people who say that this is a good development and those who choose to break the law should be...
Over the past few months two Environment Agency prosecutions demonstrate the significant inconsistency in fines imposed by different Magistrates’ Courts. At the present time, it appear to be something of a ‘postcode lottery’ in terms...
This was first published in the Wigan Observer on the 31st December 2013 Q: I’m thinking of separating from my partner. What do I need to consider? A: Each New Year is celebrated for the passing of one year and the arrival another. With it the...
