‘An easement is appurtenant to land and not a personal right of the owner. As such, the easement can be exercised by anyone who is entitled to use the land and it can be enforced by anyone in possession of the land.’
Tanfield Chambers, 31st May 2016
Source: www.tanfieldchambers.co.uk
‘The deferment rate is a key input in every enfranchisement claim whether it relates to the enfranchisement of a house, block of flats or the extension of a flat lease. The current deferment rate was set by the Lands Tribunal in Earl Cadogan v Sportelli [2007] 1 EGLR 153. This article explains what the deferment rate is and how the Tribunal arrived at the value which has been universally adopted since the decision in Sportelli. It then explores the status of the decision in Sportelli and asks whether it is time to re-set the deferment rate. The last part of the article looks at deferment rates for shorter leases.’
Tanfield Chambers, 31st May 2016
Source: www.tanfieldchambers.co.uk
‘How should a local authority approach a case where a baby is relinquished for adoption at birth by parents whose home country is not (or not necessarily) the United Kingdom and his or her parents do not seek to contest an adoption in the UK? This was a very interesting case in which William Tyler QC of Park Square Barristers represented the Local Authority.’
Park Square Barristers, 1st June 2016
Source: www.parksquarebarristers.co.uk
‘In Bailey v Devon Partnership NHS Trust the High Court accepted, on the particular facts, that the statutory duty to carry out a risk assessment directly informed the extent of the common law duty of care.’
Tanfield Chambers, 26th May 2016
Source: www.tanfieldchambers.co.uk
‘With the constant cry for more housing, commercial developers are increasingly including residential flats in their plans. Whether they are converting offices into homes or building new mixed-use schemes, developers must be aware of the raft of rights that residential tenants enjoy which are not available to commercial tenants. With some careful planning, some of these rights can be avoided.’
Tanfield Chambers, 31st May 2016
Source: www.tanfieldchambers.co.uk
‘Not long ago I was involved in financial relief proceedings involving a couple both of whom were on their second marriage (of some 12 years duration). The wife had children in their twenties from a previous marriage. As usual, the most substantial asset was the Former Matrimonial Home, with a notional net equity of nearly £400,000. This had been purchased with funds mainly, but not quite exclusively, provided by the husband who was retired. Neither party had a high income.’
Park Square Barristers, 26th May 2016
Source: www.parksquarebarristers.co.uk
‘As most properties now have registered titles, the starting is to look to the Register for the boundary. However – this is subject to two obvious pitfalls:
1. The boundary is a “general boundary” unless it has been fixed (and few boundaries are fixed);
2. The start point was, is and will remain, the conveyance that divided the plot out – ie the first division from a larger piece. This may have been many years before – often over 100 years before.’
Park Square Barristers, 25th May 2016
Source: www.parksquarebarristers.co.uk
‘Every year the Government reviews and uprates the level of employment protection payments. The new rates come into effect on 6 April each year.’
No. 5 Chambers, 27th May 2016
Source: www.no5.com
‘In yet another case in which a first instance judge applied the principles laid down in Mitchell v News
Group Newspapers Ltd [2013] EWCA Civ 1537 wrongly and unjustly, the Court of Appeal has today
allowed the defendants’ appeal, set aside the judgment, and ordered a re-trial, writes Jonathan Lopian.’
New Square Chambers, 24th May 2016
Source: www.newsquarechambers.co.uk
‘Carol Davis comments on the BIS plans to call for evidence on potentially stifling employment rules and considers a world without non-compete clauses.’
Littleton Chambers, 23rd March 2016
Source: www.littletonchambers.com
‘The Decision of the Heads of State or Government meeting within the European Council, which was annexed to the Conclusions of the European Council of 18 and 19 February 2016, describes the arrangements it contains as “a new settlement for the United Kingdom within the European Union”. The Decision does, of course, offer the UK a new settlement, responding systematically, and generously, to the four points raised by Mr Cameron in his letter of 10 November 2015 to Mr Donald Tusk, the European Council President. But it does more than that. The view I want briefly to develop this afternoon is that the Decision represents an important reform package, from which the EU as a whole will benefit immensely, if only it comes into force. And that depends on the vote on 23 June.’
Henderson Chambers, 19th May 2016
Source: www.hendersonchambers.co.uk
‘Nicholas Siddall analyses the 2016 Rio de Janeiro Olympic Games selection criteria for British athletes in the disciplines of Cycling, Athletics and Swimming and seeks to identify themes, trends and the scope for potential challenge. It does not address the appeals process which shall be the subject of a later article.’
Littleton Chambers, 18th May 2016
Source: www.littletonchambers.co.uk
‘Permanent health insurance (PHI), also and probably more accurately known or described as Income Protection Insurance (IPI), can solve the problem of income protection when an employee is ill for a period beyond that where income is directly maintained by the employer. The employee has time to recover and the employer is relieved of the expense of paying the non-productive employee. But it is not always a Win-Win situation, particularly where there comes a parting of the ways between employer and employee.’
Henderson Chambers, 31st March 2016
Source: www.hendersonchambers.co.uk
‘The recent decision of Cox J in Foran v Secret Surgery Ltd and others is a salutary tale emphasising the strict approach of the courts to applications to extend time for service of the claim form. Here, the fact that service had to be effected out of the jurisdiction did not avail the claimant, with the result that her claim was time-barred against three of the four defendants.’
Hardwicke Chambers, 24th May 2016
Source: www.hardwicke.co.uk
‘Judges occasionally lighten their judgments with literary references. The quotation from Alice in Wonderland “Words mean what I want them to mean” is a favourite in cases involving the interpretation of contracts, and Shakespeare appears fairly regularly.’
Hardwicke Chambers, 23rd May 2016
Source: www.hardwicke.co.uk
‘In this talk we introduce you to some of the concepts that you need to be familiar with when dealing with human rights under the European Convention of Human Rights (“ECHR”) as incorporated into our domestic law by the Human Rights Act 1998 (“HRA”).’
Falcon Chambers, May 2016
Source: www.falcon-chambers.com
‘In his 2015 autumn statement the Chancellor of the Exchequer, the Rt. Hon George Osborne MP, announced that to make it “harder for people to claim compensation for exaggerated or fraudulent whiplash claims, the government is ending the right to cash compensation”.[1] The proposal will remove the right of individuals to claim ‘general damages’ for minor whiplash injuries, compensation for injury, pain and suffering. However, the victims of such injury will still have the right to claim compensation for financial losses such as the costs of medical treatment or loss of earnings.’
Cloisters, 24th May 2016
Source: www.cloisters.com
‘Catriona Stirling considers the case of Z (a child) (No.2) [2016] EWHC 1191 (Fam), in which Sir James Munby, President of the Family Division, has made a declaration under s.4 of the Human Rights Act 1998 (HRA) that s. 54(1) of the Human Fertilisation and Embryology Act 2008 (HFEA) is incompatible with Article 8 together with Article 14 of the European Convention on Human Rights.’
Cloisters, 26th May 2016
Source: www.cloisters.com
‘Arguments concerning the indexation of periodical payments orders triggered many more cases than usual being tried out after 2005 on numerous heads of damage. Further cases followed after the issue of indexation was decided, leading to the landmark decision in Whiten (2011). In late 2014/2015 there has been a further spate of reported cases driven by the NHS LA. James Rowley QC brings together the judgments so that trends in awards in the most serious litigation can be identified.’
Byrom Street Chambers, 24th May 2016
Source: www.byromstreet.com
‘Minister for Internet Safety and Security addresses audience at the Google Zeitgeist Conference.’
Home Office, 26th May 2016
Source: www.gov.uk/home-office
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