‘The case of AIB Group (UK) plc v Turner [2015] EWHC 2994 (Ch), heard over a number of days in the Birmingham District Registry towards the end of 2015, is something of a puzzle.’
Tanfield Chambers, 22nd April 2016
Source: www.tanfieldchambers.co.uk
‘It is a requirement of the court rules that when a landlord seeks to forfeit a residential lease by issuing a claim in court, that claim must be served on a mortgagee. The purpose of this provision is to make sure that the bank is able to apply for relief from forfeiture (and hence reinstate its security) before it is too late. But what happens if the bank is served with the claim, the tenant and the bank do not attend the hearing, the lease is forfeited and the possession order subsequently enforced with the result that title is closed and the bank loses its security?’
Tanfield Chambers, 21st April 2016
Source: www.tanfieldchambers.co.uk
‘Two recent cases of the Upper Tribunal indicate clear differences in judicial opinion as to the jurisdiction of the Land Registration Division of the First Tier Tribunal (1) to make general findings as to the location of boundaries of registered titles and (2) to direct the Registrar to make entries in the Register reflecting those findings when those findings do not reflect an application that has been made for registration of a determined boundary.’
Tanfield Chambers, 21st April 2016
Source: www.tanfieldchambers.co.uk
‘It is not unknown for overseas companies to use their own procedure for creating a charge, either in accordance with their national law or otherwise. This article considers whether such a charge is enforceable over property in England and Wales.’
Tanfield Chambers, 20th April 2016
Source: www.tanfieldchambers.co.uk
‘Is it possible for lenders to avoid the courts’ enthusiasm for managing costs of litigation?’
Tanfield Chambers, 20th April 2016
Source: www.tanfieldchambers.co.uk
‘Housing practitioners are familiar with the routine claim for disrepair in respect of short-life tenancies. However, such claims are rarely encountered with long residential leases and whilst they are unlikely to raise any particular problems with liability, they may do so as regards causation and the quantification of damages. This can be seen by considering the two main types of damage sustained.’
Tanfield Chambers, 19th April 2016
Source: www.tanfieldchambers.co.uk
‘Ninety-six football fans who died as a result of a crush in the Hillsborough disaster were unlawfully killed, the inquests have concluded.’
BBC News, 26th April 2016
Source: www.bbc.co.uk
‘If the UK leaves the EU what will happen to the UK’s environmental policy? This is not, as outlined below, a purely academic question.’
Cloisters, 7th April 2016
Source: www.cloisters.com
‘A previous decision of the Upper Tribunal is admissible evidence of what it decided and it is a question of what weight a subsequent tribunal should give it. The extent to which the previous decision is a decision on general points of interest rather than specific facts and the cogency of the reasoning will impact on the weight to be given to a particular decision.’
Tanfield Chambers, 19th April 2016
Source: www.tanfieldchambers.co.uk
‘I should make it clear that I am not dealing with loss of a chance in the field of medical negligence. In that regard reference must be made to the complex reasoning in the House of Lords case of Gregg v Scott in 2005. Also, in that regard I commend a reading of the address Lord Neuberger gave to the Professional Negligence Bar Association in 2008. The reference is given in the handout materials and it can be found if you search Westlaw under “Loss of a Chance.”
Park Square Barristers, 24th March 2016
Source: www.parksquarebarristers.co.uk
‘It is surprising that, during the 16 years that the Human Rights Act 1998 “HRA98” has been in force, that there has been no case in which the domestic courts have ruled upon the impact of convention rights in a case involving a right to light. The explanation for this may be found in the perception that convention rights are enforceable against public bodies, an understandable view in light of s6 of the HRA98, while litigation in these cases is between commercial organisations or private individuals. However, the perception that convention rights cannot apply in litigation between private individuals is not entirely correct. This article seeks to explore the basis upon which convention rights may assist in those cases concerning a right to light where conventional argument may not provide a successful outcome.’
Tanfield Chambers, 22nd April 2016
Source: www.tanfieldchambers.co.uk
‘In this year of momentous anniversaries the planning system has reached a modest milestone. 25 years (or, perhaps, a generation) has now passed since the enactment of the Town and Country Planning Act 1990. So it is worth while taking stock, reflecting, and asking: Has the 1990 Act stood the test of time?’
Radcliffe Chambers, 22nd April 2016
Source: www.radcliffechambers.com
‘In recent years there have been many high-profile protests on public property; St Paul’s Cathedral and the Parliament Square protests are two of the best known. These resulted in the cases of City of London v Samede and others [2012] EWCA Civ 160 and Hall and others v Mayor of London [2010] EWCA Civ 817. There are also numerous instances of protesters occupying privately-owned commercial land, claiming the protection of human rights defences to stay in possession. Ultimately, the law is against the trespassers but, without swift action, delay can cost the landowner significant sums. These costs are commonly due to the extra security required to prevent further trespassers from entering; the halt to construction or refurbishment works; and the disruption to a working building. It is not uncommon for landowners to incur costs of several hundred thousand pounds while enforcing possession orders against trespassers. Owners would be well advised to plan for such an incursion if there is a risk that their property could be a target.’
Tanfield Chambers, 19th April 2016
Source: www.tanfieldchambers.co.uk
‘This article gives consideration of the decision of the Upper Tribunal (Lands Chamber) in Janine Ingram v Church Commissioners for England [2015] UKUT.’
Tanfield Chambers, 26th April 2016
Source: www.tanfieldchambers.co.uk
‘The Supreme Court has refused MGN Limited permission to appeal the decision in Representative Claimants -v- Mirror Group Newspapers Ltd [2015] EWCA Civ 1291 – the Court of Appeal’s decision regarding the appropriate level of damages in eight phone-hacking ‘test cases’. This decision itself was an unsuccessful appeal by MGN against the High Court decision in Gulatti & Ors v MGN Limited [2015] EWHC 1482.’
4 KBW, 8th April 2016
Source: www.4kbw.net
‘Claims by secondary victims are subject to well-known control mechanisms. The classic statement of which came in Alcock v Chief Constable of the South Yorkshire Police[1]:
there must be a close tie of love and affection with the person killed, injured or imperilled;
there must be proximity in time and space to the incident or its immediate aftermath;
the incident or its immediate aftermath must have been directly perceived;
the psychiatric injury must be induced by a sudden shocking event.’
Cloisters, 14th April 2016
Source: www.cloisters.com
‘In two recent decisions, the County Court at Liverpool has held that infants carried in the arms of another passenger were not themselves fare-paying passengers, but had in fact travelled for free. As a consequence, the infants were not eligible for the fixed compensation available to fare-paying passengers under the Regulation (EC) No. 261/2004 (“the Regulation”).’
4 KBW, 22nd April 2016
Source: www.4kbw.net
Speech by Lord Neuberger, President of The Supreme Court
British Irish Commercial Bar Association Law Forum, 21st April 2016
Source: www.supremecourt.uk
‘The Court of Appeal has handed down a key ruling on the meaning of “inappropriate development” in the Green Belt.’
Local Government Lawyer, 25th April 2016
Source: www.localgovernmentlawyer.co.uk
‘Only a change in the law would allow the Legal Ombudsman (LeO) to cover complaints from consumers of unregulated law firms, the chair of the organisation’s governing body has said as he called on paralegals to campaign for access to the redress scheme.’
Legal Futures, 26th April 2016
Source: www.legalfutures.co.uk
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