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legalistic

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Posts posted by legalistic

  1. luby, I am doubtful that it is the transcript of the actual hearing that is required. An appeal is always against the JUDGMENT of the lower court. Only in rare cases is a transcript of the entire hearing required, although sometimes a transcript of evidence might be needed. Eight hours worth of transcript would cost at least £3k I would think, whereas a judgment is only a few hundred pounds.Take a look at the Ex 107 Tape Transcription Request Form and the options given there:http://www.johnlarking.co.uk/ex107.pdfThere is no automatic free transcript. It is completely different from the remission of court fees. A free transcript can only be ordered by a judge at his or her discretion. It of course helps though if you give the judge some evidence of impecunity, low income etc. You don't use the Ex107 form in requesting a transcript at the court's expense. You just write a begging letter!

  2. Luby, I've never had dealings with the family courts but have general experience of the justice system.A transcript must be prepared by a court-approved transcriber. It is hard-copy transcribed from the CD of a hearing.If you can't afford a transcript (they can be expensive) the judge can, at his/her discretion, let you have it at the court's expense. You would need to contact the court and ask.Are you sure it is the transcript of the hearing that is required rather than just the judgment. The judgment would be much shorter (and therefore cheaper).

  3. Michael, enormous changes are coming in the justice system which ought to make things much fairer for everyone - including the judges. They are fed up with dealing with so many LIPs when the adversarial system is not suited to it.Lord Justice Thomas, interviewed today by Joshua Rosenberg on Law in Action (BBC Radio 4, available online and repeated Thursday 25 June at 8.00 pm) said some truly radical things which are backed by other top judges. Michael Gove says he will be taking these up.

  4. Sajeel, the council may have changed their mind because of a recent Supreme Court decision on intentional homelessness: Haile (Appellant) v London Borough of Waltham Forest (Respondent) [2015] UKSC 34:https://www.supremecourt.uk/cases/docs/uksc-2014-0185-judgment.pdfThe judgment was published in The Times a day or two ago.

  5. hatsoff and ganymede, I remain mystified, particularly since a county court does not normally hear libel cases. I suspect the company had customer relations in mind in its eventual withdrawal of its statements.Libel matters are not heard by application either, I don't think, although the law is constantly getting simplified.I note, hatsoff, that you had made several applications. No doubt the court, and indeed the company, was getting fed up with the matter.I'm pleased for you, though, that it all worked out. Also that you didn't have to pay any costs.

  6. letsmakeamark, OK mydeposits website seems to give out contradictory information.I think that how mydeposits interpret "protected" is different from how the law sees it. Mydeposits is concerned with getting its fees and giving the insurance cover whereas the law does not seem to be concerned with that. I have not seen it in any cases anyway.My feeling is that it's hard for the LL to get it legally wrong with mydeposits. You might be better off focusing on the validity of the s21 notice. It does not sound as if the required 2 months notice was given.

  7. letsmakeamark, I can't see what you are quoting. I tried to do a link to mydeposits Scheme Rules, effective from 7 Aug 2014 but it didn't work.This copy and paste aimed at landlords might work though:I wish to bring to your attention, that it is your responsibility to correctly Protect and Un-protect Deposits inaccordance with these Scheme Rules. At the end of the fixed term of the tenancy the Deposit will be Un-protected bythe Scheme unless you inform us otherwise. If a new fixed term tenancy is granted then the Deposit Protection mustbe renewed/re-protected and the relevant fee paid. If the tenancy rolls over into an SPT then the deposit does notrequire re-protecting but you must inform us of the status of the tenancy.

  8. In my experience anything goes in the county court.The parties can normally have the bundles used by them in court back. That leaves the judge's bundle. S/he would usually only need to retain that if a reserved judgment is going to be given or possibly if it was not clear at the hearing what order would be needed.County court staff regularly lose bundles. I would not believe for one moment that a bundle would be destroyed over a weekend. There is not usually that level of efficiency. The bundle may still there somewhere. More often than not staff simply cannot be bothered to look all over the court for a bundle.Any bundles left in the courtroom after a hearing might be destroyed by the cleaners, or removed by security. But who knows?If the bundle was important to a party in some way try claiming off the MoJ. It is no longer clear, as it used to be, which department you would contact there.

  9. letsmakeamark, there are (three) different deposit protection schemes each with their own Ts and Cs and their own interpretation of the law.I've had a quick look at Mydeposits which is an insurance-based scheme. The LL keeps the money but pays a fee to Mydeposit for the duration of the tenancy. Their Ts and Cs require the deposit to be reprotected where there is a new fixed term or other material changes. They seem to be being very cautious in relation to the law. Deposit Protection Service (custodial) requires no such thing.

  10. letsmakeamark, don't know if I've understood your question correctly. For one thing the LL does not protect the deposit himself but must put the moneyt in an authorized scheme.There is no longer any need for the LL to reprotect the deposit when there is a new tenancy agreement so long as it was correctly protected in the first place.How would reprotection have been done? I suppose the Prescribed Information (giving new details etc) would have had to be done all over again and a new number issued by the deposit protection service.

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