Day: 17 March 2015

Assignments and anti-avoidance: the Landlord and Tenant (Covenants) Act 1995 – New Square Chambers

Posted March 17th, 2015 in appeals, covenants, landlord & tenant, news by sally

‘The Landlord and Tenant (Covenants) Act 1995, applies to “new tenancies” – tenancies granted on or after 1 January 1996. It reformed privity of contract in this area, giving a clean break to tenants on assignment of a new tenancy, except for excluded assignments and authorised guarantee agreements(AGAs). A guarantor is released to the same extent as a tenant upon a lawful assignment. s.25(1)(a) makes void agreements which have effective to frustrate the provisions of the 1995 Act. Below is a look at recent decisions concerning the application of the anti-avoidance provision and of other provisions against that background.’

Full story (PDF)

New Square Chambers, February 2015

Source: www.newsquarechambers.co.uk

The Costs of Complexity (Revisited): A Practical View From the Bar – Littleton Chambers

Posted March 17th, 2015 in appeals, civil procedure rules, courts, fees, human rights, news, Supreme Court by sally

‘In his monthly column, originally published by PLC, James Bickford Smith considers again the Supreme Court’s judgment in Coventry v Lawrence (No 2) [2014] UKSC 46, the adjourned hearing of which has been listed for 9-11 February 2015. James assesses some of the key issues which have been debated since his initial analysis of the decision in October 2014, including the potential uncertainty for current funding arrangements that are not dependent on the Access to Justice Act 1999.’

Full story

Littleton Chambers, 5th February 2015

Source: www.littletonchambers.com

Credit Hire Update: Stevens v Equity Syndicate Management Limited – Henderson Chambers

Posted March 17th, 2015 in appeals, insurance, news, rent, road traffic by sally

‘In the most important credit hire decision since Bent, the Court of Appeal rules that judges evaluating credit hire claims involving pecunious claimants should adopt the “lowest reasonable rate”.’

Full story (PDF)

Henderson Chambers, March 2015

Source: www.hendersonchambers.co.uk

The Review by Robert Francis QC into Whistleblowing in the NHS – Littleton Chambers

Posted March 17th, 2015 in health, hospitals, news, reports, whistleblowers by sally

‘The Enterprise and Regulatory Reform Act 2013 (“ERRA”) introduced the first major legislative changes to the whistleblowing provisions in the Employment Rights Act introduced by the Public Interest Disclosure Act 1998. Those provisions afford remedies to workers who are subjected to a detriment or dismissed for making ‘protected disclosures’ of ‘relevant failures’.’

Full story

Littleton Chambers, 13th February 2015

Source: www.littletonchambers.com

Getting to Grips with the Holiday Pay Conundrum – Littleton Chambers

Posted March 17th, 2015 in appeals, EC law, employment tribunals, holiday pay, news, working time by sally

‘The Employment Appeal Tribunal’s (EAT’s) judgment in the Bear Scotland case is the latest in a series of cases considering what must be included in the calculation of holiday pay under the UK’s Working Time Regulations (WTR). The ruling sent shockwaves through the business community, with some commentators estimating that around five million workers in the UK could be entitled to more holiday pay at a potential cost to companies of billions of pounds. Business Secretary Vince Cable even set up a taskforce to assess the possible impact of the EAT’s decision. Adam Solomon and Sophia Berry throw the spotlight on the Bear Scotland litigation in the context of other decisions on holiday pay and consider its implications. This article first appeared in the March 2015 edition of Tolley’s Employment Law Newsletter.’

Full story

Littleton Chambers, 17th March 2015

Source: www.littleton.com

Trying to make sense of a mansion tax – Falcon Chambers

Posted March 17th, 2015 in housing, news, taxation by sally

‘The 2015 election campaign will not be the first in which all parties will be promising to outstrip their rivals in their support for the NHS. At the Labour Party Conference last year Ed Miliband announced that a next Labour Government would introduce a tax– a so-called mansion tax – on high value homes worth more than £2million. In an article in the Hampstead and Highgate Express (October 23 2014), designed to calm jittery voters where Labour’s majority is the smallest in the country, Ed Balls stated that the tax will be charged at £250 a month on properties worth between £2 and £3 million, but above £3 million it is apparently to be charged at 1% of capital value. The revenue from the tax, it is said, will contribute to a Time to Care Fund to help the NHS. He estimates that the mansion tax alone will put £1.2 billion into the Fund.’

Full story (PDF)

Falcon Chambers, February 2015

Source: www.falcon-chambers.co.uk

Variation of employment contracts – Hardwicke Chambers

Posted March 17th, 2015 in amendments, contract of employment, employment, employment tribunals, news by sally

‘If employers want to vary a contract of employment they must first make sure that they have a very clear right to do so.’

Full story

Hardwicke Chambers, 18th February 2015

Source: www.hardwicke.co.uk

Donatio Mortis Causa – Hardwicke Chambers

Posted March 17th, 2015 in gifts, news, wills by sally

‘As the opening comments of Charles Hollander QC in his judgment in King v Dubrey [2014] EWHC 2083, make clear, a donatio mortis causa (DMC) takes effect as a historic and anomalous exception to the requirements of the Wills Act. It involves… a present gift which takes effect in the future and remains conditional until the donor dies. On death it becomes absolute. It has previously been described as being of “an amphibious nature, being a gift which is neither entirely inter vivos nor testamentary.” The task for the Court is to distinguish between a genuine DMC and an attempt to make a testamentary gift other than in accordance with the Wills Act. The test has, for over one hundred and fifty years, been a high one:

“…no case of this description ought to prevail unless it is supported by evidence of the clearest and most unequivocal character.”’

Full story

Hardwicke Chambers, 16th February 2015

Source: www.hardwicke.co.uk

Income payment orders and pensions revisited: The decision in Horton v Henry – 11 Stone Buildings

Posted March 17th, 2015 in bankruptcy, insolvency, news, pensions by sally

‘The recent High Court decision in Horton v Henry has now thrown the debate over the extent to which the pension pot of a bankrupt can be made available to his creditors wide open.’

Full story (PDF)

11 Stone Buildings, January 2015

Source: www.11sb.com

Radical overhaul of anonymity in approval hearings – Cloisters

Posted March 17th, 2015 in anonymity, media, news, personal injuries, private hearings by sally

‘The Court of Appeal have just handed down judgment in the key case of JXMX v Dartford and Gravesham NHS Trust [2015] EWCA Civ 96. This fundamentally changes the approach to anonymity in approval hearings.’

Full story

Cloisters, 18th February 2015

Source: www.cloisters.com

Two key legislative reforms to Personal Injury law due – Cloisters

Posted March 17th, 2015 in duty of care, inducements, legislation, negligence, news, personal injuries by sally

‘Two key pieces of legislation affecting personal injury and clinical negligence law, the Criminal Justice and Courts Act 2015 and the Social Action, Responsibility and Heroism Act 2015, were given royal assent on 12 February 2015 and are expected to come into force in April 2015.’

Full story

Cloisters, 19th February 2015

Source: www.cloisters.com

The continuing problem of recovering the cost of improvements from leaseholders – Hardwicke Chambers

Posted March 17th, 2015 in costs, landlord & tenant, leases, local government, news, repairs by sally

‘The distinction between a repair and an improvement when a landlord carries out works to a property is often problematic. The volume and age of reported cases on this point shows this is not a recent problem.’

Full story

Hardwicke Chambers, 9th March 2015

Source: www.hardwicke.co.uk

Supreme Court considers tests for justification under s15 Equality Act 2010 and Article 8 ECHR in a housing eviction case against a disabled tenant – Cloisters

Posted March 17th, 2015 in appeals, disability discrimination, disabled persons, equality, housing, mental health, news, repossession by sally

‘The Supreme Court handed down its decision yesterday in Akerman-Livingstone v. Aster Communities Ltd (formerly Flourish Homes Ltd) [2015] UKSC 15 in which it considered the test of justification for discrimination under section 15 of the Equality Act 2010 (the EqA) as compared with justification for Article 8 of the Convention.’

Full story

Cloisters, 12th March 2015

Source: www.cloisters.com

EVENT: UCL – Changing Times, Changing Relationships at Work…Changing Law?

Posted March 17th, 2015 in Forthcoming events by sally

‘We are privileged to host two distinguished members of the Australian and UK judiciary, offering us a unique perspective on the charged question as to whether labour law has kept pace with the constantly changing nature of work relations so as properly to regulate them.’

Date: 23rd April 2015, 6.00-7.30pm

Location: UCL Central Campus, Wilkins Building (Gustave Tuck Lecture Theatre)

Charge: Free, registration required

More information can be found here.

Advising on a secondary victim claim? December 2014 produced a trio of new cases – Hardwicke Chambers

Posted March 17th, 2015 in health, negligence, news, psychiatric damage, victims by sally

‘If you are struggling to pin down the relevant principles when advising in a secondary victim case this should be no surprise. As Lord Hoffmann observed: “It seems to me that in this area of the law, the search for principle was called off in Alcock v Chief Constable of South Yorkshire [1992] 1 A.C. 310. No one can pretend that the existing law, which your Lordships have to accept, is founded upon principle.” in White v Chief Constable of South Yorkshire [1999] 2 AC 455 (the police officers’ claims arising out of the Hillsborough disaster).’

Full story

Hardwicke Chambers, 20th January 2015

Source: www.hardwicke.co.uk

Proof of defect under the CPA 1987: Hufford v Samsung Electronics – Henderson Chambers

Posted March 17th, 2015 in consumer protection, defective goods, evidence, news by sally

‘To what extent must a claimant relying on the Consumer Protection Act 1987 (“the Act”) prove with precision the nature of a defect in a product said to have caused him or her damage?’

Full story (PDF)

Henderson Chambers, 9th January 2015

Source: www.hendersonchambers.co.uk

The new Part 36 – Hardwicke Chambers

Posted March 17th, 2015 in budgets, civil procedure rules, costs, news by sally

‘From 6 April 2015, the structure of Part 36 will change and a number of new rules are to be introduced. This is the most fundamental change in the Part 36 rules for many years.’

Full story

Hardwicke Chambers, 20th January 2015

Source: www.hardwicke.co.uk

EVENT: UCL – Effective Enforcement of Environmental Law

Posted March 17th, 2015 in Forthcoming events by sally

‘This event brings together some of the leading contemporary figures in environmental law to explore the enforcement of environmental law at national, European and international level. It is being organised to mark Professor Richard Macrory 65th birthday and his contribution to the development of environmental law.’

Date: 30th March 2015 – 31st March 2015

Location: UCL Laws, 1-2 Endsleigh Street, London WC1H 0EG

Charge: See website for details

More information can be found here.

Gagging clauses are lawful and enforceable – Hardwicke Chambers

Posted March 17th, 2015 in agreements, compromise, confidentiality, contract of employment, news, non-disclosure agreements by sally

‘Periodically the topic of gagging clauses resurfaces in the press. In 2013 the revelation of large numbers of NHS employees entering into such agreements produced a mass of publicity. Interest in the topic duly stimulated, it led to recommendations by the Public Accounts Committee in the House of Commons that revised guidance from the Cabinet Office should require public sector organisations to secure approval from the Cabinet Office for special severance payments and associated compromise agreements where they relate to cases of whistleblowing.’

Full story

Hardwicke Chambers, 8th January 2015

Source: www.hardwicke.co.uk

“New for Old”: New terms in renewed leases under the Landlord and Tenant Act 1954 require good reasons – New Square Chambers

Posted March 17th, 2015 in covenants, landlord & tenant, leases, news, service charges by sally

‘In the absence of agreement, the terms of any new lease to be granted under the provisions of Part II of the Landlord and Tenant Act 1954 are to be determined by the court in accordance with sections 32 to 35 of that 1954.’

Full story (PDF)

New Square Chambers, February 2015

Source: www.newsquarechambers.co.uk