‘A High Court judge has rejected a developer’s application for summary judgment of its claim for a declaration that residential development of land in Holt, Norfolk was not bound by obligations contained in a section 106 agreement.’
Local Government Lawyer, 9th March 2020
Source: www.localgovernmentlawyer.co.uk
‘I have kindly been sent a couple of county court Circuit Judge decisions on the issue of whether section 8 notices (where the ground is rent arrears) have to comply with the requirements of section 47 Landlord and Tenant Act 1987 by the inclusion of the landlord’s name and address. They reach contradictory conclusions, leaving open an issue to be resolved by a higher court, and a further issue for first instance courts.’
Nearly Legal, 8th March 2020
Source: nearlylegal.co.uk
‘Associated Newspapers has won the first round of a legal battle with property owners over the meaning of an article published on Mail Online.’
OUT-LAW.com, 6th March 2016
Source: www.pinsentmasons.com
‘Rupert Choat and CMS Cameron McKenna Nabarro Olswang LLP were successful in obtaining summary judgment against Korea Development Bank (KDB) in the Technology and Construction Court on 14 February 2020. KDB was ordered to pay the full value of a demand guarantee (£8.2 million) plus interest and costs.’
Atkin Chambers, 20th February 2020
Source: www.atkinchambers.com
‘Inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances (NPPF paragraph 143).’
Exchange Chambers, 12th February 2020
Source: www.exchangechambers.co.uk
‘In an important new rating decision the UT has concluded in Wigan Football Club Limited v Wayne Cox (VO) [2019] UKUT 0389 (LC) that the successive relegations of a football club from the Premier League (“PL”) to the Championship and then to League 1 did not constitute a material change of circumstances (“MCC”) providing grounds for a reduction in rateable value (in the 2010 compiled list). The UT confirmed the decision of the VTE, but also made reference to the unfairness of the outcome for financially imperilled clubs and the potential need for adjustments in the method of valuation.’
Francis Taylor Building, 14th February 2020
Source: www.ftbchambers.co.uk
‘This appeal was about the law on damages for false imprisonment. It required the Supreme Court to consider the meaning of imprisonment at common law and whether this should be aligned with the concept of deprivation of liberty under the European Convention on Human Rights.’
UKSC Blog, 12th February 2020
Source: ukscblog.com
‘On 5 December 2019, the Court of Appeal handed down its judgment in Manchikalapati and others v Zurich Insurance plc and East West Insurance Company Ltd. The underlying case concerned a large block of flats in Manchester that were seriously defective.’
Practical Law Construction Blog, 22nd January 2020
‘An employment tribunal has ruled that ethical veganism is a philosophical belief that is protected by law against discrimination. In Jordi Casamitjana v the League Against Cruel Sports (LACS) JC complains of unfair dismissal having raised concerns with colleagues that its pension fund invested in companies involved in animal testing. The charity did not contest that ethical veganism should be protected but will argue at trial that JC was dismissed for gross misconduct.’
St John's Buildings, 9th January 2020
Source: stjohnsbuildings.com
‘Fergus McCombie employment law expert at 36 Commercial comments on recent tribunal decision.’
The 36 Group, 9th January 2020
Source: 36group.co.uk
‘In Mr R Sethi v Elements Personnel Services Ltd [2019] ET 2300234/2018, the Claimant, a practising but unbaptised Sikh, applied for a job with the Respondent: a specialist agency providing temporary staff for the hospitality industry, mainly at five-star hotels. He attended an induction course at which he was asked to sign various documents including the Respondent’s standard Contract for Agency Workers, which included the Respondent’s Code of Conduct. The Code provided, înter alia, that “No beards or goatees are allowed”. He explained that he would not be able to shave off his beard for religious reasons.’
Law & Religion UK, 15th January 2020
Source: www.lawandreligionuk.com
‘A judge has issued a preliminary ruling in a libel action against the investigative journalist Carole Cadwalladr and warned that broadcasts and public speeches should not be interpreted as though they were formal written texts.’
The Guardian, 12th December 2019
Source: www.theguardian.com
‘The Supreme Court has agreed to hear a dispute over empty commercial properties and whether councils are owed more than £10m in business rates arrears.’
Local Government Lawyer, 6th December 2019
Source: www.localgovernmentlawyer.co.uk
‘When interpreting a property contract the applicable principles are essentially the same as those applied to any other contract. However, it is easy to overlook the fact that there remain some distinct principles of particular relevance or application to property contracts. This short paper identifies two examples.’
Wilberforce Chambers, 13th November 2019
Source: www.wilberforce.co.uk
‘In its first substantive output since being announced a year ago, the LawTech Delivery Panel last week posted good news for anyone developing, or working with, products based on blockchain encryption technology.’
Law Society's Gazette, 25th November 2019
Source: www.lawgazette.co.uk
‘Engaging in controlling and/or coercive behaviour in intimate or familial relationships became a new criminal offence in England and Wales in December 2015. Coercive Control involves a pattern of abuse that is used to harm, punish, or frighten the victim. Example behaviours included in this legislation are isolation from friends and family, deprivation of basic needs, monitoring behaviour and time, controlling a victim’s life and/or finances, and may include physical violence. The introduction of this offence was welcomed for recognising the cumulative impact of various forms of domestic abuse and for encouraging police and other criminal justice agencies to move beyond an incident-led and physical violence-based understanding of domestic abuse. However, four years on since the legislation was enacted and with no compulsory national level training or support, what has actually changed?’
OUP Blog, 25th November 2019
Source: blog.oup.com
‘Proposed donations to a community benefit fund from the proceeds of a new wind turbine could not be taken into account by a local authority when deciding whether to grant planning permission for the development, the Supreme Court has confirmed.’
OUT-LAW.com, 20th November 2019
Source: www.pinsentmasons.com
‘In a step change from the days of Mid Essex Hospital Services NHS Trust v Compass Group UK and Ireland Ltd (trading as Medirest) in which the Court of Appeal rejected the notion of a general doctrine of good faith, many construction contracts now include an express requirement to act in “good faith”.’
Practical Law: Construction Blog, 13th November 2019
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