Landlord’s steps related to the disapplication of the presumption of qualifying lease – Falcon Chambers

‘Paragraph 13 of Schedule 8 BSA and regulation 6 of the Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022 contain short time limits and detailed prescribed requirements for landlords to comply with in seeking leaseholder deeds of certificate.’

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Falcon Chambers, 26th November 2024

Source: www.falcon-chambers.com

Enterprise law and the eclipse of corporate law – King’s Law Journal

Posted December 13th, 2024 in company law, news by sally

‘”The company”, argued Gower and Davies: Principles of Modern Company Law in 2003, “is a dominant institution in our society, and all the more so with the retreat in recent decades of the government-owned or public sector of the economy”.’

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King's Law Journal, 11th December 2024

Source: www.tandfonline.com

IOPC clears armed police who arrested 13-year-old playing with water pistol – The Guardian

‘The actions of armed police who surrounded and arrested a 13-year-old boy after an officer mistook his water pistol for a real gun were “reasonable in the circumstances”, the Independent Office for Police Conduct (IOPC) said.’

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The Guardian, 13th December 2024

Source: www.theguardian.com

Avoiding Procedural Pitfalls in Professional Negligence Claims – Gatehouse Chambers

‘Professional negligence claims are somewhat more susceptible to the many procedural pitfalls in civil litigation. Passage of time, lengthy negotiations before issue, insolvency.’

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Gatehouse Chambers, 26th November 2024

Source: gatehouselaw.co.uk

Rotherham rioter who tried to burn down asylum seeker hotel jailed for nine years – The Guardian

‘A rioter who tried to set fire to a hotel housing asylum seekers has been jailed for nine years – the joint highest sentence passed down so far for the nationwide disorder over the summer.’

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The Guardian, 12th December 2024

Source: www.theguardian.com

Did you miss? Lowry Trading Ltd v Musicalize Ltd [2024] EWHC 2653 (KB), 28 October 2024 – Gatehouse Chambers

Posted December 13th, 2024 in chambers articles, charging orders, news by sally

‘The claimants had obtained judgment against the defendants and an interim charging order had been made against the defendants’ interest in a freehold house. The claimants sought an order that the charging order be made final. The interest charged arose under a contract of sale dated 9 January 2019 pursuant to which the defendants had contracted to purchase the property and occupied it pursuant to an AST pending completion. The sale had never completed. The freeholder/vendor (being the third-party in the proceedings) had served a notice to complete back in 2019. It was not complied with but the vendor did not rescind the contract. The defendants remained in possession paying rent under the AST. A deed of variation extending the date for completing was discussed but never finalised. In July 2024, after the interim charging order was made, the vendor wrote to the defendants purporting to rescind the contract.’

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Gatehouse Chambers, 20th December 2024

Source: gatehouselaw.co.uk

Judge castigates expert who was “prepared to mislead the court” – Legal Futures

‘The High Court has rejected the evidence of an expert witness who had “little or no regard” to the Civil Procedure Rules and was “prepared materially to mislead the court”.’

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Legal Futures, 13th December 2024

Source: www.legalfutures.co.uk

Palmer v Sans: Chancery Division [2024] EWHC 2685 (Ch) – Gatehouse Chambers

Posted December 13th, 2024 in bankruptcy, chambers articles, insolvency, mortgages, news, trustees in bankruptcy by sally

‘In this case the Court applied traditional constructive trust principles to disputed facts in order to determine whether a specific property came within the estate of a bankrupt. It will be of interest to practitioners advising in the area of challenged transfers in the context of insolvency.’

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Gatehouse Chambers, 20th November 2024

Source: gatehouselaw.co.uk

Some jury trials may be scrapped in England and Wales as court backlog hits record high – The Guardian

Posted December 13th, 2024 in courts, criminal justice, Crown Court, delay, judges, juries, news, statistics, trials by sally

‘Jury trials could be abandoned for some criminal cases in England and Wales under a radical overhaul proposed by ministers as the crown courts backlog hit a record high.’

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The Guardian, 12th December 2024

Source: www.theguardian.com

Roof Terraces and Higher Risk Buildings – Falcon Chambers

Posted December 13th, 2024 in building law, chambers articles, housing, news by sally

‘This post considers the First-tier Tribunal’s decision in Blomfield v Monier Road Limited (Smoke House & Curing House) LON/00BG/HYI/2023/0024.’

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Falcon Chambers, 12th November 2024

Source: www.falcon-chambers.com

KA & Anor v B [2024] EWHC 2855 (Fam) – Five Pump Court

‘This case not only dealt with the nuances of the law of domicile in cross-border adoption, but also addressed the legal principles and applicability of Article 8 of the European Convention on Human Rights (right to private and family life), to cases of cross-border adoptions.’

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Five Pump Court, 14th November 2024

Source: www.5pumpcourt.com

Activists sentenced over milk pouring stunts – BBC News

‘Two animal rights activists have been sentenced to community orders over milk-pouring stunts at two high-end department stores in central London.’

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BBC News, 12th December 2024

Source: www.bbc.co.uk

Sanctions for late Electrical Condition Reports given to contract-holders in Wales: Coastal Housing Group Limited & Others v Mitchell & Others [2024] EWHC 2831 (Ch) – Gatehouse Chambers

Posted December 13th, 2024 in building law, chambers articles, health & safety, housing, landlord & tenant, news, rent by sally

‘The Judgment of the Divisional Court of Griffiths J and HHJ Jarman KC (sitting as a Judge of the High Court) is the most significant treatment of the Renting Homes (Wales) Act 2016 (“RH(W)A”) and the wider regulatory regime for Electrical Condition Reports (“ECR”) and fitness for human habitation to date.’

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Gatehouse Chambers, 13th November 2024

Source: gatehouselaw.co.uk

BSB “not fit for purpose”, says Proudman after tribunal dismisses case – Legal Futures

‘The Bar Standards Board (BSB) has proven itself “unfit for purpose”, Dr Charlotte Proudman said yesterday after a disciplinary tribunal ruled she had no case to answer over tweets she sent.’

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Legal Futures, 13th December 2024

Source: www.legalfutures.co.uk

Barrister cleared of misconduct after criticising ‘boys’ club’ attitude in legal profession – The Guardian

‘A barrister has attacked misogyny in the legal profession after a misconduct case brought against her for calling out a “boys’ club” attitude was thrown out.’

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The Guardian, 12th December 2024

Source: www.theguardian.com

Court of Appeal rejects claim for “former relevant child” status – Local Government Lawyer

Posted December 13th, 2024 in appeals, children, families, homelessness, housing, judicial review, local government, news by sally

‘The Court of Appeal has ruled against granting a judicial review of Essex County Council over whether a teenager who might have become homeless was entitled to ‘former relevant child’ status.’

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Local Government Lawyer, 12th December 2024

Source: www.localgovernmentlawyer.co.uk

Record court backlog as victims wait years for justice – BBC News

‘The backlog in courts handling the most serious crimes in England and Wales has reached an unprecedented high and is likely to rise further still.’

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BBC News, 12th December 2024

Source: www.bbc.co.uk

Court of Protection judge sets out guidance on mental capacity assessments for deaf individuals – Local Government Lawyer

Posted December 13th, 2024 in Court of Protection, disabled persons, local government, news by sally

‘A senior Court of Protection judge has outlined a number of considerations that should guide any assessment of a deaf individual fluent in British Sign Language (BSL), after finding that a young man was inaccurately assessed as lacking capacity in all areas.’

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Local Government Lawyer, 12th December 2024

Source: www.localgovernmentlawyer.co.uk

Parents who caused death of buried boy jailed – BBC News

‘A couple whose severely malnourished son’s body was found buried in the garden of their former home have been jailed.’

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BBC News, 12th December 2024

Source: www.bbc.co.uk

Medico-legal market consolidating and growing “more strongly” – Legal Futures

‘The value of the medico-legal market grew by 4% in 2024, double the growth rate of the previous year, researchers have estimated.’

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Legal Futures, 12th December 2024

Source: www.legalfutures.co.uk