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CHAPTER ONE – THE APPLICATION OF PART 6 OF THE HOUSING ACT 1996 Local housing authorities As set out in the introduction to this book, Part 6 applies to local housing authorities who “shall comply” with it.[1] When does Part 6 not apply to an allocation of social housing? A housing [...] -
CHAPTER ONE – ‘CONSTRUCTION’ CONTRACTS “We are all trying to hack out a pathway through a dense thicket of amended legislation, burgeoning case law and ever-changing standard form contracts.” Lord Justice Jackson S&T (UK) Ltd v Grove Developments Ltd Introduction The subject matter of this book concerns contracts which fall to [...] -
FREE EXCERPT from ‘A Practical Guide to the Care Case Fee Scheme for Family Lawyers’ by Philip Dewin
Will CCFS apply to the case? CCFS is stated to only apply to S.31 care and supervision applications. There is however a discretion to apply the scheme to certain other family cases that proceed in a similar manner and include a fact-finding and disposal hearing. For these cases, the scheme [...] -
CHAPTER ONE – NEW RULES: WHAT IS CHANGING? Current Position To have a better understanding of the new rules that are coming into force regarding fixed recoverable costs (FRC), good practice would be to recap what the current rules are. For more detail, please see ‘A Practical Approach to Clinical Negligence’ [...] -
CHAPTER TWO – WHY MAKE AN ADMINISTRATION APPLICATION? As indicated in the previous chapter, applications for an administration order are less common nowadays because the administration regime in Schedule B1 gives directors, a company and a QFCH the ability to appoint an administrator out of court. Where that route is available, [...] -
CHAPTER TWO – PROTECTION OF HEALTH AND SAFETY Management of Health and Safety At Work Regulations Employers, of course, have an obligation to ensure the Health and Safety of all of their employees as contained in the Management of Health and Safety at Work Regulations 1999 (“MHSWR 99”). In particular, under [...] -
CHAPTER ONE – SURVEYING THE TERRAIN Let’s stand back and see where the law relating to redundancy in the workplace has sprung from and when. Before we look at that context, when making any redundancies, there are five key employee rights. These are: Contractual rights. Statutory Rights: Redundancy Payments. Statutory [...] -
CHAPTER ONE – NON-MOLESTATION ORDERS 1.1 What is Molestation? ‘Molestation’ is not defined in the Family Law Act 1996 (‘FLA 1996’). In Vaughan v Vaughan [1973] 1 WLR 1159, CA the Court considered the meaning of molestation as synonymous with the word ‘pester’ which includes behaviour ‘to cause trouble; to [...] -
CHAPTER ONE – RELATIONSHIPS ENTERED INTO ABROAD Formal requirements: marriage Preparing for a “wedcation” requires more than simply packing a suitcase. The requirements for British nationals who wish to marry in other jurisdictions differ significantly from country to country. A breakdown by each individual country can be found on the website [...] -
CHAPTER ONE – GETTING THE MENTAL CAPACITY ACT RIGHT Let’s start with this: the single most important thing about deprivation of liberty is getting the Mental Capacity Act (MCA) right[1]. In my experience, when an organisation gets into trouble over a deprivation of liberty issue it is rarely due to [...]