Landlords challenge fairness of restructuring plan in landmark case – OUT-LAW.com

Posted April 29th, 2021 in debts, landlord & tenant, leases, news, rent by sally

‘The scope for landlords to successfully challenge restructuring plans launched by financially distressed tenants who seek to compromise lease liabilities could be severely impinged if the High Court in London approves a restructuring plan in the face of opposition from landlords.’

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OUTLAW.com, 28th April 2021

Source: www.pinsentmasons.com

Court hearing over UK’s £400m tank deal debt to Iran postponed – The Guardian

Posted April 20th, 2021 in debts, detention, international trade, Iran, news, sanctions, weapons by sally

‘A high court hearing designed to resolve the UK’s non-payment of a £400m debt to Iran has been postponed again, leaving the families of dual nationals detained in Iran distraught since they believe the debt is critical to their release of loved ones.’

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The Guardian, 19th April 2021

Source: www.theguardian.com

Arrears, conduct and Tribunal discretion on RRO awards – Nearly Legal

Posted March 22nd, 2021 in appeals, debts, housing, landlord & tenant, news, rent, tribunals by tracey

‘Awad v Hooley (2021) UKUT 55 (LC). This was an appeal to the Upper Tribunal of the FTT decision on a rent repayment order application that we first saw here.’

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Nearly Legal, 21st March 2021

Source: nearlylegal.co.uk

Rent Repayment Order miscellany – Nearly Legal

Posted March 8th, 2021 in appeals, debts, housing, landlord & tenant, news, rent, repayment, time limits, tribunals by tracey

‘A couple of Upper Tribunal decisions on rent repayment order appeals, with broader significance.’

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Nearly Legal, 6th March 2021

Source: nearlylegal.co.uk

Substantial debts are not substantial arrears – Nearly Legal

Posted February 15th, 2021 in coronavirus, debts, housing, human rights, landlord & tenant, news, rent, repossession by sally

‘The decision of Master Dagnall in The Master, Wardens and Assistants of the Guild Fraternity of the Brotherhood of the Most Glorious and Undivided Trinity and St Clement in the Parish of Deptford Strond, commonly called the Corporation of the Trinity House of Deptford Strond v (1) Prescott (2) Byrne (2021) EWHC 283 (Ch), was, until Saturday night, at risk of being a footnote in housing law history, but, with the extension of the ban on (most) evictions in England being extended until the end of March (here, and see below), it’s now a bit more important.’

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Nearly Legal, 14th February 2021

Source: nearlylegal.co.uk

Ban on bailiff-enforced evictions in England extended to end of March – The Guardian

‘The ban on bailiff-enforced evictions in England is to be extended until the end of March, the government has announced.’

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The Guardian, 14th February 2021

Source: www.theguardian.com

Crackdown as ‘buy now pay later schemes’ including Klarna to be regulated – The Independent

Posted February 2nd, 2021 in consumer credit, consumer protection, debts, news by sally

”Buy now pay later’ (BNPL) firms are facing a crackdown amid fears they are helping shoppers to purchase items they can not afford, resulting in increased levels of debt.’

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The Independent, 2nd February 2021

Source: www.independent.co.uk

New survey from Bar Council finds barristers at “breaking point” – The Bar Council

Posted January 25th, 2021 in barristers, coronavirus, debts, diversity, employment, fees, mental health, news, statistics by tracey

‘The Bar Council, which represents all barristers in England and Wales, has today published findings from its most recent survey of the Bar. The findings show some signs of recovery in workload, but highlight the extreme financial and psychological hardship still facing many barristers.’

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The Bar Council, 22nd January 2021

Source: www.barcouncil.org.uk

Barristers take on debt and other work to survive pandemic – Legal Futures

Posted January 22nd, 2021 in barristers, coronavirus, debts, employment, news, statistics by sally

‘Six in 10 barristers, rising to 80% of those doing publicly funded work, have taken on personal debt or used savings to get through Covid-19, Bar Council research has found.’

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Legal Futures, 22nd January 2021

Source: www.legalfutures.co.uk

Claimants in breast implant case buy cause of action to sue defendant’s lawyers – Litigation Futures

‘A leading defendant law firm and a QC have failed to strike out a professional negligence action brought after the claimants in a case they defended acquired their insolvent client’s cause of action.’

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Litigation Futures, 16th December 2020

Source: www.litigationfutures.com

Guess who? Does a section 8 notice have to contain the landlord’s own name and address? – Hardwicke Chambers

‘Kort Egan discusses Prempeh v Lakhany [2020] EWCA Civ 1422, in which the Court of Appeal considered whether a section 8 notice that is signed by the landlord’s agent and contains the agent’s details, must also include the landlord’s name and address.’

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Hardwicke Chambers, 13th November 2020

Source: hardwicke.co.uk

The importance of acting with “reasonable promptitude” when applying for relief from forfeiture: Keshwala and another v Bhalsod [2020] EWHC 2372 (QB) – Hardwicke Chambers

‘The tenants (Claimants) had a twenty-year lease of 89 Narborough Road, Leicester (Property) which commenced on 12 March 2008. The Property consisted of a lock-up shop on the ground floor with residential accommodation above. The Claimants mistakenly paid only £1,500 of the £2,000 quarterly instalment of rent that fell due in June 2018, leaving arrears of £500.’

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Hardwicke Chambers, 14th October 2020

Source: hardwicke.co.uk

Rent Repayment Orders – the Upper Tribunal is firm – Nearly Legal

Posted October 26th, 2020 in appeals, debts, housing, landlord & tenant, news, rent, tribunals by sally

‘This was an appeal from an FTT rent repayment order decision. The FTT decision was made before the Upper Tribunal decision in Vadamalayan v Stewart and others (2020) UKUT 0183 (LC) (our report) and this appeal succeeded pretty much on that basis alone – the FTT decision was wrong in law in the way the Tribunal had approached the award – but it also involves the UT putting down another firm marker to FTTs on the correct approach to awards in rent repayment orders.’

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Nearly Legal, 24th October 2020

Source: nearlylegal.co.uk

Possession Proceedings: Where are they now? – Tanfield Chambers

‘When the stay on possession proceedings first came into force on 27 March 2020, it appeared to be a straight-forward (albeit blunt) tool to help the Courts manage the effects of the Coronavirus.’

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Tanfield Chambers, 5th October 2020

Source: www.tanfieldchambers.co.uk

For this relief, much thanks – Nearly Legal

Posted October 5th, 2020 in appeals, debts, delay, forfeiture, landlord & tenant, leases, news, rent by tracey

‘Keshwala & Anor v Bhalsod & Anor (2020) EWHC 2372 (QB). An appeal from a Circuit Judge’s decision refusing relief from forfeiture, focussing on the issue of delay in making the application for relief. This was a commercial lease, though with living accommodation above. Mr Keshwala had taken a 20 year lease of the property in 2008. In 2015, the current freeholder had bought the freehold. Also in 2015, the rent first fell into arrears. The freeholder forfeited by re-entry and Mr K obtained relief from forfeiture on payment of arrears and costs.’

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Nearly Legal, 4th October 2020

Source: nearlylegal.co.uk

Eviction and contempt – Nearly Legal

Posted September 25th, 2020 in appeals, debts, landlord & tenant, news, rent, repossession, stay of proceedings, undertakings by sally

‘This is a somewhat unusual appeal in the context of possession proceedings, being an appeal against a 12 month committal of the tenant to prison on two counts of contempt of court.’

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Nearly Legal, 21st September 2020

Source: nearlylegal.co.uk

Master of the Rolls issues statement on resumption of possession cases – Local Government Lawyer

Posted September 23rd, 2020 in coronavirus, debts, housing, judges, landlord & tenant, news, rent, repossession, time limits by sally

‘The Master of the Rolls, Sir Terence Etherton, has published a statement on the resumption of possession cases from 20 September.’

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Local Government Lawyer, 21st September 2020

Source: www.localgovernmentlawyer.co.uk

Renters: Eviction cases resume after six-month ban – BBC News

Posted September 21st, 2020 in coronavirus, debts, delay, domestic violence, housing, landlord & tenant, news, rent, repossession by sally

‘Eviction hearings will now resume in courts in England and Wales – but the most serious cases will be given priority.’

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BBC News, 21st September 2020

Source: www.bbc.co.uk

Solicitor who raided client’s estate to pay debts is struck off – Legal Futures

‘A solicitor who used £100,000 from a client’s estate to pay debts to HM Revenue & Customs and an indemnity insurer before closing his firm has been struck off.’

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Legal Futures, 16th September 2020

Source: www.legalfutures.co.uk

Case Comment: Sevilleja v Marex Financial Ltd [2020] UKSC 31 – UKSC Blog

Posted September 4th, 2020 in appeals, company law, damages, debts, insolvency, news, shareholders, Supreme Court, third parties by sally

‘In this case comment, David Bridge and Jessica Foley, both solicitor-advocates within the CMS litigation & arbitration team, comment on the decision handed down by the UK Supreme Court earlier this summer in the matter of Sevilleja v Marex Financial Ltd [2020] UKSC 31, which concerned whether the rule against reflective loss bars creditors of a company from claiming directly against a third party for asset-stripping the company.’

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UKSC Blog, 4th September 2020

Source: ukscblog.com