In residence – New Law Journal
‘Tamsin Cox & Julia Petrenko examine a useful authority for freeholders of residential buildings in relation to Airbnb.’
New Law Journal, 18th November 2016
Source: www.newlawjournal.co.uk
Category: hotels
Nemcova v Fairfield (‘the Airbnb ruling’): Stirring up the Hornets’ Nest of Short-Term Lets – Hardwicke Chambers
‘In Nemcova v Fairfield Rents Ltd [2016] UKUT 303 (LC), in what has become known as ‘the Airbnb ruling’, the Upper Tribunal gave guidance on the circumstances in which short-term lets might amount to a breach of covenant prohibiting the use of a property for anything other than ‘a private residence’. In this article, Jamal Demachkie (who acted for the successful landlord at first instance and on appeal) provides his analysis of this important decision.’
Hardwicke Chambers, 12th October 2016
Source: www.hardwicke.co.uk
Airbnb – a wonderful idea or is it? – Tanfield Chambers
‘Airbnb seems like a wonderful idea. You can rent out your flat whenever convenient without having to become a full-time landlord or hotelier. It’s an easy way to earn a little extra cash with the added bonus of a world-wide network of other people’s spare rooms available for that well-deserved weekend break. Airbnb now has 60m users, 640,000 “hosts”, 2m listings and 500,000 stays per night. It’s big!’
Tanfield Chambers, 22nd October 2016
Source: www.tanfieldchambers.co.uk
The Liability of Hoteliers for Child Abuse and Child Exploitation – Six Pump Court
‘Certain hotels are sited in city centres or close to the main road networks. They are easily accessible and some are vulnerable to misuse by those engaged in crime. Bookings can be made late at night; guests might arrive in large groups; they are sometimes able to bypass reception either on arrival or on departure; there may be no night receptionist to check who might be brought in. It is not unknown for particular hotels in particular areas to be used for the exploitation of vulnerable persons. It may be argued that certain hoteliers are on notice of a possible problem relating to the exploitation of young people within the network. The question is what is to be done to protect young people who might be taken to an hotel and there abused and to limit the exposure of the hotelier to liability for any claim which might be made against them. Some hoteliers actively seek the assistance of bodies such as the NSPCC in the preparation of training for staff. Training is not enough. Nor is the fact that guest accompanying a child may be obliged to identify the child and their relationship with the child.’
Six Pump Court, 10th August 2015
Source: www.6pumpcourt.co.uk
Judge allows hotel companies to reassign leases without losing benefit of associated guarantees – OUT-LAW.com
‘A High Court judge has approved arrangements allowing companies within the Hilton group to reassign leases between themselves without the landlord losing the benefit of a guarantee granted by the parent company.’
OUT-LAW.com, 20th January 2015
Source: www.out-law.com
Do me a favour! – New Law Journal
‘Does price parity mean price increase when it comes to most favoured nation clauses? Rebecca Owen-Howes reports.’
New Law Journal, 20th October 2014
Source: www.newlawjournal.co.uk
Skyscanner: CAT quashes commitments in the online booking sector – Competition Bulletin from Blackstone Chambers
‘In a judgment handed down on Friday, the Competition Appeal Tribunal has quashed the Office of Fair Trading’s decision to accept commitments in the online hotel booking sector. As the first case to consider such commitments, Skyscanner Ltd v CMA [2014] CAT 16 contains some helpful guidance, albeit that Skyscanner’s success actually hinged on a fairly narrow point of regulatory law.’
Competition Bulletin from Blackstone Chambers, 28th September 2014
Source: www.competitionbulletin.com
Supreme Court overturns liquidator’s challenge to pre-liquidation security granted over golf club – OUT-LAW.com
‘A recent decision by the UK’s highest court reinforces how important it is for litigants to succeed in the court of first instance as chances of success on appeal are getting slimmer an expert has said.’
OUT-LAW.com, 8th July 2014
Source: www.out-law.com
Henderson (Respondent) v Foxworth Investments Limited and another (Appellants) – Supreme Court
Henderson (Respondent) v Foxworth Investments Limited and another (Appellants) [2014] UKSC 41 (YouTube)
Supreme Court, 2nd July 2014
Christian guesthouse owners go to Strasbourg over ‘discrimination’ case – Daily Telegraph
‘A Christian couple who were told it was illegal to turn unmarried couples away from their guesthouse have launched a landmark legal case at the European Court of Human Rights.’
Daily Telegraph, 15th March 2014
Source: www.telegraph.co.uk
Gay discrimination and Christian belief: Analysis of Bull v. Hall in the Supreme Court – UK Human Rights Blog
‘The recent confirmation by the Supreme Court that it was unlawful discrimination for Christian hotel owners to refuse a double-bedded room to a same-sex couple was of considerable interest as the latest in a string of high-profile cases involving religious belief and discrimination on the basis of sexual orientation (and the first such judgment involving the highest court in the land). We have already provided a summary of the facts and judgment here, and our post on the Court of Appeal ruling can be found here.’
UK Human Rights Blog, 11th December 2013
Source: www.ukhumanrightsblog.com
Man who stripped naked and stuck a fire extinguisher hose up his bottom in a hotel corridor walks free – The Independent
‘A man who appeared from the storage cupboard of a hotel naked with a fire extinguisher hose up his bottom, has walked free from court.’
The Independent, 3rd December 2013
Source: www.independent.co.uk
Bull and another (Appellants) v Hall and another (Respondents) On Appeal from the Court of Appeal (Civil Division) (England and Wales) – Supreme Court
Bull and another (Appellants) v Hall and another (Respondents) [2013] UKSC 73 | UKSC 2012/0065 (YouTube)
Supreme Court, 27th November 2013
Preddy v Bull and another; Hall v Same – WLR Daily
Preddy v Bull and another; Hall v Same: [2013] UKSC 73; [2013] WLR (D) 454
‘The refusal of hoteliers, who believed that sex outside marriage was sinful, to provide a same sex couple who were in a civil partnership with a double-bedded room because they were not married constituted unlawful discrimination on grounds of sexual orientation. The limitation on the hoteliers’ right to manifest their religion was justified as a proportionate means of achieving the legitimate aim of protecting the rights and freedoms of others.’
WLR Daily, 27th November 2013
Source: www.iclr.co.uk
Gay snub Cornish B&B owners lose Supreme Court appeal – BBC News
‘The owners of a Christian guesthouse who were ordered to pay damages for turning away a gay couple have lost their UK Supreme Court fight.”
BBC News, 27th November 2013
Source: www.bbc.co.uk
High Court moves to hotel room as frail father sues sons – The Independent
‘The barristers removed their wigs and gowns, the judge presided over the hearing in a suit and the usual wood-panelled backdrop was replaced with a conference suite when the High Court moved to a luxury London hotel yesterday. The unusual venue was granted for an extraordinary feud involving members of the Singh family, the owners of part of the Radisson Blu hotel chain.’
The Independent, 26th November 2013
Source: www.independent.co.uk
Christian owners of Chymorvah Hotel who refused to allow gay couple to stay in double room take legal fight to Supreme Court – The Independent
“The Christian owners of a guesthouse who refused to allow a gay couple to stay in a double-bedded room have said they want to avoid a ‘collision’ between two different lifestyles as they prepare to take their case to the Supreme Court.”
The Independent, 8th October 2013
Source: www.independent.co.uk
Judge blocks attempts to open luxury golf course on Green Belt land in Surrey – The Independent
“A High Court judge has quashed planning permission for a golf course that had been marked for an ecologically sensitive Green Belt location despite there already being nearly 200 courses within 20 miles of the site.”
The Independent, 22nd August 2013
Source: www.independent.co.uk
Nudist spa with dungeon closed by planning rules – Daily Telegraph
“A nudist spa in a quiet Surrey village complete with a dungeon, pool and sauna has been ordered to close after a council ruled it breached planning laws.”
Daily Telegraph, 12th August 2013
Source: www.telegraph.co.uk
Second Christian B&B case headed for the Supreme Court – UK Human Rights Blog
“Black and Morgan v. Wilkinson [2013] EWCA Civ 820. The Court of Appeal recently dismissed an appeal by a Christian bed and breakfast owner, upholding the decision that she unlawfully discriminated against a gay couple by refusing to provide them with a double bedroom. However, the Master of the Rolls (head of the civil justice system) Lord Dyson expressed doubt about whether the previous binding decision of the Court of Appeal in the very similar case of Hall and Preddy v. Bull and Bull [2012] EWCA Civ 83, was correct, and the Court granted permission to appeal to the Supreme Court.”
UK Human Rights Blog, 23rd July 2013
Source: www.ukhumanrightsblog.com
