Guarantees, conditions and sinking claims (SLB v Pak) – Gatehouse Chambers

Posted June 8th, 2026 in news by sally

‘Commercial analysis: Unsuccessful appeal under section 69 of the Arbitration Act 1996 (AA 1996) arising out of ten separate arbitral awards concerning ten shipbuilding contracts for container vessels. The buyers contended that the yard’s obligation to provide refund guarantees within 120 days of novation was a condition of the contracts, so that breach entitled them to recover loss of bargain damages. The Commercial Court upheld the tribunal’s conclusion that the obligation was an innominate term. The buyers were entitled to cancel the contracts pursuant to the express contractual regime, but not to claim loss of bargain damages.’

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Gatehouse Chambers, 5th June 2026

Source: gatehouselaw.co.uk

Push to regulate UK bailiffs too slow, warns supervisory body – The Guardian

Posted June 8th, 2026 in news by sally

‘The UK government has been accused of dragging its feet over plans for the mandatory regulation of bailiffs amid concerns about harmful practices in an industry that collects more than £1bn a year from indebted Britons.’

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The Guardian, 8th June 2026

Source: www.theguardian.com

Conor McCormick: Monitoring the Judiciary – UK Constitutional Law Association

Posted June 8th, 2026 in news by sally

‘Judges primarily decide cases, but they also make strategic decisions aimed at maintaining the constitutional authority of the judiciary as a whole. Doctrines, bundling, timing, and public engagement are among the means by which trust, arguably the most important foundation of judicial authority, is acquired and disbursed.’

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UK Constitutional Law Association, 8th June 2026

Source: ukconstitutionallaw.org

Court clarifies what counts as a ‘building’ – Law Society’s Gazette

Posted June 8th, 2026 in news by sally

‘The Court of Appeal decision in SGL 1 Ltd v FSV Freeholders Ltd is an important development for landlords, investors, developers and advisers dealing with residential leasehold property and rights of first refusal under Part I of the Landlord and Tenant Act 1987 (LTA 1987).’

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Law Society's Gazette, 5th June 2026

Source: www.lawgazette.co.uk

Consultation on cohabitation rights: a welcome development – Law & Religion UK

Posted June 8th, 2026 in news by sally

‘In 2021, I published a book entitled Religion and Marriage Law: The Need for Reform. Most of that book focused on the need to modernise the law on how to get married but the penultimate chapter focused on cohabitation rights. That chapter might be seen as an afterthought. But, as I pointed out in the introduction to that chapter, ‘it was in many ways the most important’ of the reform proposals I was advocating. The new Government consultation, A Fairer End to Relationships, is to be welcomed, therefore, since it includes proposals to give cohabitation rights on separation and death alongside modernising the law on financial remedies on divorce.’

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Law & Religion UK, 8th June 2026

Source: lawandreligionuk.com

When does a duty to consult arise in public law?

Posted June 8th, 2026 in news by sally

‘It is well-known that there is no general common law duty on public authorities to carry out a consultation before making a decision. However, such a duty may arise if certain conditions are met. The High Court has recently had an opportunity to consider, and clarify, the precise circumstances under which such a duty arises. The case is R (Freedom from Torture and the Helen Bamber Foundation) v Secretary of State for the Home Department [2026] EWHC 1278 (Admin) (28 May 2026).’

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Administrative Court Blog, 5th June 2026

Source: administrativecourtblog.wordpress.com

What to do if a party to financial remedy proceedings dies – St John’s Chambers

Posted June 5th, 2026 in news by Simon

‘The Court of Appeal’s recent decision in Kanabar v Kanabar [2026] EWCA Civ 582 determined that where party had died after issuing an appeal, but where no person was willing to become a personal representative to pursue the appeal on behalf of the estate, the appeal should be dismissed pursuant to FPR rule 30.10. This case provides a convenient opportunity to review the law and practice governing the situation where a party to divorce and financial remedy proceedings dies.’

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St John's Chambers, 2nd June 2026

Source: www.stjohnschambers.co.uk

90 Year Lease or Contractual Licence? – Wilberforce Chambers

Posted June 5th, 2026 in news by Simon

‘On 8 May 2026, judgment was handed down in Quadrant-Brownswood Tenant Co-operative Ltd v Hitchens, an interesting possession claim in the County Court at Clerkenwell and Shoreditch.’

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Wilberforce Chambers, 11th May 2026

Source: www.wilberforce.co.uk

Two brothers jailed for killing 16-year-old boy with car in Sheffield – The Guardian

Posted June 5th, 2026 in news by sally

‘Two brothers have been jailed for killing a 16-year-old boy who was “in the wrong place at the wrong time” when he was hit while walking by a car being deliberately driven at a group on bikes.’

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The Guardian, 4th June 2026

Source: www.theguardian.com

What Kroupeeva v Kroupeev tells us on orders for variation of nuptial settlements and adverse inferences in trust and divorce cases – Wilberforce Chambers

Posted June 5th, 2026 in news by Simon

‘In Kroupeeva v Kroupeev [2026] EWFC 85, James Ewins KC sitting as a Deputy High Court Judge found that an offshore discretionary trust (“the Rossini Trust”) and an offshore company (“Waterford”) held by it comprised a nuptial settlement capable of variation pursuant to s24(1)(c) of the Matrimonial Causes Act 1973.’

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Wilberforce Chambers, 2nd June 2026

Source: www.wilberforce.co.uk

Upper Tribunal hands down ruling on costs awards in cases involving tree preservation orders – Local Government Lawyer

Posted June 5th, 2026 in news by Simon

‘The Upper Tribunal (Lands Chamber) has the power to make costs orders in tree preservation cases.’

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Local Government Lawyer, 5th June 2026

Source: www.localgovernmentlawyer.co.uk

ADASS calls for cautious approach to implementing Supreme Court ruling on deprivation of liberty, but warns of potential for litigation – Local Government Lawyer

Posted June 5th, 2026 in news by Simon

‘The Association of Directors of Adult Social Services (ADASS) has recommended a cautious approach to implementation of this week’s Supreme Court ruling on deprivation of liberty and valid consent that overruled its 2014 judgment in Cheshire West.’

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Local Government Lawyer, 4th June 2026

Source: www.localgovernmentlawyer.co.uk

Refusal to take planning enforcement action – Local Government Lawyer

Posted June 5th, 2026 in news by Simon

‘The High Court recently upheld a council’s refusal to take enforcement action where there was limited information about the character of a former coal yard use. Emma Dring looks at the lessons from the judgment.’

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Local Government Lawyer, 5th June 2026

Source: www.localgovernmentlawyer.co.uk

Building Liability Orders (BLOs) – Crest Nicholson v Ardmore – Local Government Lawyer

Posted June 5th, 2026 in news by Simon

‘In this article, Rachel Murray-Smith, Conrad Turnock and Helen Arthur explain the significance of Crest Nicholson v Ardmore Ardmore [2026] EWHC 789 (TCC); [2026] EWHC 1069 (TCC), one of the first major decisions to consider the scope of building liability orders under the Building Safety Act 2022 and its impact on available routes to recovery.’

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Local Government Lawyer, 4th June 2026

Source: www.localgovernmentlawyer.co.uk

County court delays continue to fall, figures show – Legal futures

Posted June 5th, 2026 in news by Simon

‘Delays in the county courts continue to fall – and sharply, according to the latest official figures from the Ministry of Justice (MoJ).’

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Legal Futures, 5th June 2026

Source: www.legalfutures.co.uk

What is a deprivation of liberty? – Administrative Court Blog

Posted June 5th, 2026 in news by Simon

‘Article 5 of the European Convention on Human Rights (ECHR) protects the right to liberty, and guarantees that nobody shall be “deprived” of their liberty unless certain conditions, set out in that Article, are met.

‘But what constitutes a “deprivation of liberty”? And in particular, when might someone who is said to lack capacity in domestic law be able to provide valid consent to what might otherwise constitute such a deprivation of liberty? These questions were tackled by the Supreme Court in the case of Re Attorney General for Northern Ireland’s Reference [2026] UKSC 16 (2 June 2026). The Court’s judgment is extremely important for social workers, mental health practitioners and medical personnel, as well as human rights scholars and advocates more generally.’

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Administrative Court Blog, 4th June 2026

Source: administrativecourtblog.wordpress.com

Judge sacked for sending ‘highly sexualised image’ to court staff – The Independent

Posted June 5th, 2026 in news by sally

‘A judge has been removed from office for gross misconduct after he sent a “highly sexualised image” to a member of court staff.’

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The Independent, 4th June 2026

Source: www.independent.co.uk

MoJ unveils family law reforms to protect unmarried couples – Law Society Gazette

Posted June 5th, 2026 in news by Simon

‘The government will today publish a long-awaited family law consultation to strengthen the financial rights of unmarried couples if they split up.’

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Law Society Gazette, 4th June 2026

Source: www.lawgazette.co.uk

Decades of reviews have failed to fix civil justice crisis, says new report – Law Society Gazette

Posted June 5th, 2026 in news by Simon

‘A new report authored by a leading academic has called for a wholly new approach to civil justice, condemning the succession of judge-led reviews that have tried to fix the systemic crisis.’

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Law Society Gazette, 4th June 2026

Source: www.lawgazette.co.uk

Gohil v Gohil & Ors [2025] EWHC 3646 (Fam) – Financial Remedies Journal

Posted June 5th, 2026 in news by Simon

‘Williams J. The High Court considered the impact of a £28m confiscation order, disputed beneficial ownership claims, and criminally tainted assets in a restored financial remedy claim following the Supreme Court’s decision in Gohil (Appellant) v Gohil (Respondent) [2015] UKSC 61.’

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Financial Remedies Journal, 4th June 2026

Source: financialremediesjournal.com