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news from 12.2007

Unacceptable behaviour under s. 160A of the Housing Act 1996

22.12.2007

Unacceptable behaviour under s. 160A of the Housing Act 1996
Saturday, December 22, 2007

 

Dixon v Wandsworth LBC [2007] EWHC 3075 (Admin)

Wayne Beglan acted successfully for the defendant; the court upholding Wandsworth LBC’s initial decision that the claimant was ineligible for housing accommodation.

Wandsworth LBC had reconsidered their decision to allow the claimant a discretionary tenancy when the claimant had been convicted of possession of cocaine and cautioned for possession of cannabis following a police search of his property.

The decision provides guidance for local authorities in making a reasonable analysis of evidence and the relevant considerations in establishing a finding of factual unacceptable behaviour under s. 160A of the Housing Act 1996.

Click here for full text

 

Appointment to the role of Chairman of the Civic Trust

15.12.2007

Appointment to the role of Chairman of the Civic Trust
Saturday, December 15, 2007

 

Philip Kolvin has been appointed to the role of Chairman of the Civic Trust.

Below is an extract from his letter in the December issue of Grass Roots magazine:

“The list is extensive, but I want to save a special word for Night Vision, a new programme of work to set standards for the night time economy, and to ensure that our towns and cities are safe, stimulating and enjoyable places for all to visit, whatever their age or preferred leisure activity. The next two years will see acceleration in this programme and the development of a new national standard: Purple Flag.”

Click here to download the December issue of Grass Roots: a quarterly publication containing news from the Civic Trust and Civic Societies all around the country.

Click here to download Saving Open Space.

Click here to view Philip’s letter to the Times.

 

Purley train crash convictions overturned

13.12.2007

Purley train crash convictions overturned
Thursday, December 13, 2007

 

Anthony Scrivener QC and Gerard Forlin have today put a final gross negligence manslaughter appeal to rest before new changes to the law take effect.

The pair fought successfully to have the convictions of Robert Morgan, a train driver from West Sussex, overturned. Mr Morgan had been operating the Littlehampton to London Victoria train when it collided with a Horsham to London Victoria service and killed five people in 1989. He was subsequently convicted of manslaughter.

Today three Appeal Court judges ruled that had the jury heard evidence of the particularly questionable and arguably dangerous infrastructure surrounding the scene of the incident they may not have convicted Mr Morgan and as a result his convictions were held to be unsafe.

The appeal is of particular historical significance to chambers as the court researched the entire 82 year history of cases concerning gross negligence manslaughter beginning with a leading case R v Bateman [1925] All ER Rep 45. Sir Edward Marshall-Hall KC and Norman Birkett KC, both of whom have previously been heads of 2-3 Gray’s Inn Square had acted for the appellant, a doctor, in this case.

Click here for judgement.

Click here for BBC News coverage.
Click here for ‘On this day’ BBC coverage of the 1989 disaster.
Click here for coverage in The Times.
Click here for Herald & Gazette coverage.

 

Cranford Parish Council's Church bells saved

10.12.2007

Cranford Parish Council?s Church bells saved
Monday, December 10, 2007

 

Philip Kolvin acted successfully for Cranfield Parish Council in a bid to save the 300 year old bells at the Church of St Peter in St Paul’s.

The bells, that had been silenced in 2003 following mechanical problems, were alleged to be causing nuisance to newly built housing near to the church.

The court, returning a unanimous verdict, ruled that the complainants had failed to establish statutory nuisance; a test based on the effect on the ‘average person’, taking into account their character, content and views.

Click here to link to ITV news coverage.

Click here to link to BBC news coverage.

Click here to link to Bedfordshire On Sunday coverage.

 

Local Authority Lawyers' Seminar

04.12.2007

Local Authority Lawyers' Seminar
Tuesday, December 04, 2007

 

We are pleased to announce another successful full day seminar held in conjunction with Lawrence Graham. Speakers from Chambers included:

Damien Welfare provided an update on Freedom of Information (Click here for full text)

Geoffrey Stephenson on Flooding and Disaster Planning (Click here for full text)

Gerard Forlin on Corporate Manslaughter (Gerard's paper is availible upon request)

James Findlay provided an update on Conflicts of Interest / new Model Code / Monitoring Officer role. (Click here for full text)