‘In a conflict between a clear scheme of covenants and complimentary service charge machinery, and ambiguous declarations as to the relationship between one of the parties to the lease and a third party, (both contained in the same lease) the scheme takes precedence and is binding on the parties – coherence trumps uncertainty where provisions are in conflict.’
Tanfield Chambers, 8th January 2018
Source: www.tanfieldchambers.co.uk
‘For the purposes of Section 20B(1) of the Landlord and Tenant Act 1985 (“the 1985 Act”) a relevant cost is incurred by an intermediate landlord when that intermediate landlord receives a demand from its own landlord in respect of services provided by it or a superior landlord. A residential tenant’s 18-month limitation period begins to run only when his or her immediate landlord receives a demand incurring the cost, not when the superior landlord providing the service originally incurs its own cost.’
Tanfield Chambers, 8th January 2018
Source: www.tanfieldchambers.co.uk
‘The recent judgment in the Morrisons case Various Claimants and WM Morrisons Supermarket PLC concerning the vicariously liability of employers for the actions of employees involved in breaches of data is potentially highly significant for the insurance industry – both for the insurer and the insured.’
Six Pump Court, 8th January 2018
Source: www.6pumpcourt.co.uk
‘The facts of the ABC case are unusual and undeniably tragic. In 2007, ABC’s father shot and killed her mother. He was convicted of manslaughter, on the basis of diminished responsibility, and sentenced to a hospital order under the Mental Health Act 1983, s 37, with a restriction order under s 41 of the Act. The respective roles of the defendants in relation to the father’s subsequent care and treatment were as follows: he was detained in a clinic run by the second defendant (the South West London and St George’s Mental Health NHS Trust), where, whilst resident, he was seen by a social worker for whom the third defendant (Sussex Partnership NHS Foundation Trust) was responsible, and he was referred to the first defendant’s hospital (St George’s Hospital) in order that his disorder could be explored.’
1 Crown Office Row, 9th January 2018
Source: www.1cor.com
‘In this important recent judgment, the Court of Appeal unanimously held that judges are not “workers” within the meaning of section 230(3) of the Employment Rights Act 1996, and therefore are not entitled to protection from whistleblowing under the provisions of that Act. The Court of Appeal also held that the absence of a remedy for whistleblowing under the 1996 Act did not amount to a breach of a judge’s rights under Article 10 or Article 14 ECHR.’
Old Square Chambers, 3rd January 2018
Source: www.oldsquare.co.uk
‘On 19th December 2017, the Court of Appeal handed down judgment in the case of Lynn Lewis v Thomas Warner [2017] EWCA 2182 (Civ). The case involved “unusual” and “exceptional” circumstances and was the first time that an application by a cohabitee under the amended s1(1)(ba) and 1(1A) of the Inheritance (Provision for Family and Dependents) Act 1975 (‘the Act’) had reached the Court of Appeal.’
Hardwicke Chambers, 5th January 2018
Source: www.hardwicke.co.uk
‘2017 was a particularly significant year for professional liability cases, with a handful of problematic areas of the law receiving repeated consideration by the courts. Below we set out our thoughts on how the law has changed or been reaffirmed in these areas, explain whether there have been any discernible shifts in policy and identify further points ripe for dispute and development in 2018.’
4 New Square, 4th January 2018
Source: www.4newsquare.com
‘From today (8 January 2018), victims of domestic violence will get more support in taking abusive former partners to court.’
Ministry of Justice, 8th January 2018
Source: www.gov.uk
‘Reform is a constant feature of the family justice system—Geraldine Morris questions whether the underlying issues are being addressed.’
New Law Journal, 5th January 2018
Source: www.newlawjournal.co.uk
‘The legal institution whereby couples express their mutual commitment, which is recognised, protected and regulated by the state – marriage – touches the most intimate parts of people’s lives. Its recent transformation raised profound questions of personal morality, human dignity, and religious doctrine. As the tide of public opinion turned, Parliament repealed section 28 of the Local Government Act 1988 (which had prohibited the “promot[ion] of homosexuality” and the “teaching in any maintained school the acceptability of homosexuality”) in 2003, passed the Civil Partnerships Act the following year, and enacted the Marriage (Same Sex Couples) Act in 2013. The result is that same-sex couples can currently choose between entering a civil partnership or marriage, whereas different-sex couples cannot.’
UK Constitutional Law Association, 9th January 2018
Source: ukconstitutionallaw.org
‘New trade laws, which could allow ministers to water down or repeal equality laws altogether, are being debated in the House of Commons today.’
Rights Info, 8th January 2018
Source: rightsinfo.org
‘The Court of Appeal has rejected an application by a son of the late King Fahd of Saudi Arabia that one of his father’s former wives pay an outstanding £250,000 costs order or have her £15m claim stayed or struck out.’
Litigation Futures, 9th January 2018
Source: www.litigationfutures.com
‘Peel Port Shareholder Finance Company Ltd v Dornoch Ltd [2017] EWHC 876 (TCC) serves as a reminder of the court’s approach to the rules on pre-action disclosure and the Third Parties (Rights against Insurers) Act 2010 (the 2010 act).’
Law Society's Gazette, 8th January 2018
Source: www.lawgazette.co.uk
‘The IOPC today replaces the Independent Police Complaints Commission Commission.’
UK Police Law Blog, 8th January 2018
Source: ukpolicelawblog.com
‘The Solicitors Disciplinary Tribunal (SDT) has ordered a solicitor who tried to overturn a fine of £2,000 from the Solicitors Regulation Authority (SRA) to pay £54,000 in costs following her unsuccessful appeal.’
Legal Futuresm 9th January 2018
Source: www.legalfutures.co.uk
‘On Monday 8th January, the Church of England reported the findings of the Bishop’s Disciplinary Tribunal for the Diocese of Oxford in the matter of a complaint under the Clergy Discipline Measure 2003 against The Reverend Timothy Davis, Vicar of Christ Church Abingdon, (‘TD’), in respect of the mentoring he provided to a 15/16 year old schoolboy (‘W1’) whose family were members of his congregation. The BBC reports that Church of England officials believed that this was the first occasion on which a tribunal had convicted a priest of spiritual abuse.’
Law & Religion UK, 9th January 2018
Source: www.lawandreligionuk.com
‘A woman who was murdered by her ex-lover was left without means of calling for help because police had seized her phone days earlier, a report has said.’
BBC News, 8th January 2018
Source: www.bbc.co.uk
‘Wild animals will be banned from circuses in England under plans reportedly due to be announced by Environment Secretary Michael Gove.’
The Independent, 9th January 2018
Source: www.independent.co.uk
‘A man and woman have been found guilty of plotting a “devastating” terror attack in the UK using a homemade bomb.’
BBC News, 8th January 2018
Source: www.bbc.co.uk
‘In a four month period in 2017, there were 24,000 attempts to access pornographic websites in the Houses of Parliament. Westminster may be a special case, but should it be a sackable offence in regular offices?’
The Guardian, 8th January 2018
Source: www.theguardian.com
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