A new question: When is a flat not a flat? – Tanfield Chambers

Posted December 4th, 2019 in enfranchisement, leases, news by sally

‘Having struggled with ‘what is a house?’, the Court of Appeal has turned its attention to ‘what is a flat?’’

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Tanfield Chambers, 2nd December 2019

Source: www.tanfieldchambers.co.uk

East Tower Apartments Limited v No.1 West India Quay Residential Limited LON/00BG/LSC/2014/0329 – Tanfield Chambers

Posted December 4th, 2019 in leases, news, service charges, utilities by sally

‘The long-running saga of East Tower Apartments Limited v No.1 West India Quay Residential Limited continues.

The landlord has been given permission to appeal to the Upper Tribunal on the issue of whether a demand under Section 20B(1) must be a contractually valid demand. If the landlord is successful, this will likely require the Upper Tribunal to find that Brent London Borough Council v Schulem B Association Ltd [2011] 1 WLR 3014 was wrongly decided.’

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Tanfield Chambers, 29th November 2019

Source: www.tanfieldchambers.co.uk

Supreme Court holds that Dublin III Detention between January 2014 and March 2017 was unlawful – Garden Court Chambers

‘The Supreme Court has dismissed the appeal of the Secretary of State for the Home Department from the Court of Appeal decision in R(Hemmati and others) v SSHD [2018] EWCA Civ 2122 in which it was held that the Home Office was not entitled to detain asylum seekers for removal under the Dublin III Regulation because of the failure until 15 March 2017, to set out in law the requirements for detention.’

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Garden Court Chambers, 27th November 2019

Source: www.gardencourtchambers.co.uk

Triplerose Ltd v Ms Bronwen Stride [2019] UKUT 99 (LC) – Tanfield Chambers

Posted December 4th, 2019 in expert witnesses, landlord & tenant, leases, news, service charges, surveyors by sally

‘There was inadequate evidence to conclude that a lease was ‘unsatisfactory’ for the purposes of s.35 of the Landlord and Tenant Act 1987 (‘the 1987 Act’), and an FTT order varying the lease was overturned. The FTT decision finding no prejudice due to a lack of expert evidence was also set aside: this decision could not stand in circumstances where an application to adjourn to obtain expert evidence had been refused due to their being an expert surveyor on the panel.’

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Tanfield Chambers, 29th November 2019

Source: www.tanfieldchambers.co.uk

Covert recording in a PI claim: ramifications for Employment Tribunals? – 3PB

‘On 21 January 2014, a road traffic accident took place in Milton Keynes (liability having been conceded). The Claimant’s (hereinafter referred to as “C”) Honda Jazz was struck from behind by a Fiat Punto; there are 3 defendants (referred to collectively as “D”).’

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3PB, 4th November 2019

Source: www.3pb.co.uk

Settled Status, Permanent Residence and Indefinite Leave to Remain – Richmond Chambers

Posted December 4th, 2019 in brexit, citizenship, immigration, news, passports, time limits by sally

‘With the UK’s impending exit from the EU, the Government has created new appendices to the Immigration Rules, Appendix EU and Appendix EU (Family Permit). The purpose of Appendix EU is to set out the basis on which an EEA citizen and their family members, and the family member of a qualifying British citizen, will be granted settled status or pre-settled status. These applications are under the Immigration Rules.’

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Richmond Chambers, 25th November 2019

Source: immigrationbarrister.co.uk

Westlake Estates v Yinusa [2019] UKUT 225 (LC) – Tanfield Chambers

Posted December 4th, 2019 in landlord & tenant, news, service, service charges by sally

‘For the purposes of Section 47 of the 1987 Act, where only one address is contained in the invoice, this is sufficient. Where more than one address is given, the landlord’s address should be clearly identified.’

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Tanfield Chambers, 29th November 2019

Source: www.tanfieldchambers.co.uk

Environmental Law News Update – Six Pump Court

Posted December 4th, 2019 in climate change, environmental protection, news, political parties, pollution by sally

‘In this latest Environmental Law News Update, Mark Davies, Angelica Rokad and William McBarnet consider the first ever televised climate change debate, coverage of environmental issues in the Conservative election manifesto and the recent prosecution of Weetabix for polluting the River Ise.’

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Six Pump Court. 3rd December 2019

Source: www.6pumpcourt.co.uk

Ghosh v Hanover Gate Mansions Ltd [2019] UKUT 290 (LC) – Tanfield Chambers

Posted December 4th, 2019 in agency, consultations, contracts, news, service charges by sally

‘A contract between a landlord and a managing agent was found to have come into existence when the performance of management services commenced and not on the date of the landlord’s payment for the services provided. In the circumstances, the particular contract was a qualifying long term agreement and the statutory consultation requirements under section 20 of the Landlord and Tenant Act 1985 were applicable.’

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Tanfield Chambers, 29th November 2019

Source: www.tanfieldchambers.co.uk

“The Red line: Assessing “Proportionality” in Article 8 ECHR Family Rights” – Church Court Chambers

Posted December 4th, 2019 in citizenship, families, human rights, immigration, news, proportionality by sally

‘Islam Khan discusses a recent Court Of Appeal case in an immigration matter shifting the test on proportionality on Human Rights cases.’

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Church Court Chambers, 3rd December 2019

Source: churchcourtchambers.co.uk

The Reason Behind the Reason Behind the Decision to Dismiss – Littleton Chambers

‘The Supreme Court has allowed the appeal in Royal Mail Group Ltd -v- Jhuti [2019] UKSC 55 and has held unanimously that when deciding what was the reason for dismissal in unfair dismissal, it may not be enough simply to consider what was subjectively in the mind of the decision-maker. In a unanimous decision delivered by Lord Wilson (Lady Hale (President), Lord Carnwath, Lord Hodge and Lady Arden concurring) the Supreme Court has held that where the real reason is hidden from the decision-maker behind an invented reason, the court must penetrate through the invention and decide upon the basis of the real reason [paragraphs 60-62 of the Judgment]. ‘

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Littleton Chambers, 27th November 2019

Source: www.littletonchambers.com

The Police Integrity Reforms – Latest Developments in the Draft 2019 Conduct Regulations – No. 5 Chambers

Posted December 4th, 2019 in news, police, professional conduct, regulations by sally

‘Once again, the Home Office has been busy. Having brought in a comprehensive package of regulations, most notably in 2008 and 2012, it now proposes to make further sweeping changes to the way that misconduct and performance procedures are handled. Although the differences in the new regulations will reflect some of the amendments brought into force in 2014, 2015 and 2017, there are also a number of key concepts introduced for the first time.’

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No. 5 Chambers, 4th December 2019

Source: www.no5.com

Legal advice privilege – 3PB

Posted December 4th, 2019 in admissibility, disability discrimination, evidence, news, privilege, redundancy by sally

‘The Claimant was employed as a Senior Legal Counsel by Shell until his dismissal, allegedly for redundancy, in January 2017. Whilst employed by Shell, he submitted a grievance and commenced an employment tribunal claim (“the First Claim”) for disability discrimination. In March 2017, he commenced a second ET claim (“the Second Claim). In broad terms, he alleged that Shell relied on a planned re-organisation of its in-house legal department as a pretext by which to terminate his employment by way of redundancy such that his dismissal was unfair, and that this was also unlawful discrimination and victimisation as a result of the First Claim and his grievance.’

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3PB, 4th November 2019

Source: www.3pb.co.uk

Family Law Newsletter #31 – Spire Barristers

‘Articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’

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Spire Barristers, 2nd December 2019

Source: spirebarristers.co.uk

FCA New Approach to Claims Management Regulation – St Pauls Chambers

‘In April 2019, the FCA (Financial Conduct Authority) became the new regulator of Claims Management businesses (CMCs). At the same time, the Financial Ombudsman Service became responsible for resolving customer disputes about CMSs. In June 2018, the FCA issued a consultation paper (CP 18/15) which proposed a new Claims Management: Conduct of Business Sourcebook [CMCOB] and to apply relevant parts of the existing FCA Handbook.’

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St Pauls Chambers, 28th November 2019

Source: www.stpaulschambers.com

Your flexible friend? Interim code rights (University of London v Cornerstone) – Falcon Chambers

Posted December 4th, 2019 in codes of practice, news, surveyors, telecommunications by sally

‘This case has important ramifications in the electronic communications sector. It settles a narrow but important point—if an operator thinks a site is suitable but is not sure, can it survey the site and gain access for that purpose? The Court of Appeal determined that such a right was part and parcel of Code right 3(d), which grants a right to undertake ‘works’ which are ‘in connection with’ installation and other specified matters. The Court of Appeal held that an inspection (called a multi-skilled visit, or MSV, in the jargon) constituted ‘works’, and that it was ‘in connection with’ installation where its purpose was to determine finally whether installation should occur. Of wider importance is the fact that the Court of Appeal rejected the suggestion that a claim for rights on an interim basis under para 26 had to be accompanied by a claim for rights on a final basis under para 20. Unlike para 27, which links temporary rights with final rights, there is no such linkage in para 26. This frees up parties to make para 26 agreements and seek tribunal approval if they wish to enter into short-term agreements without automatic security of tenure under Part V of the Code, an option which is of great advantage to both operators and site providers.’

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Falcon Chambers, 28th November 2019

Source: www.falcon-chambers.com

Education Newsletter – 39 Essex Chambers

‘The Winter edition of 39 Essex Chambers’ Education Newsletter is now available.’

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39 Essex Chambers, November 2019

Source: www.39essex.com

State accountability for killings of civilians by soldiers in Northern Ireland: can the UK duck out? – Red Lion Chambers

‘On Nov 11, 2019, the Conservative Party announced rather unclear plans to take legal steps to ensure that inquest juries in Northern Ireland could not return verdicts of unlawful killing in relation to actions by UK soldiers (and presumably other state agents such as the RUC police) in operations during The Troubles. The plans also apparently include barring prosecutions for any alleged unlawful acts during such operations during The Troubles (there is no statute of limitations on serious criminal offences in the UK so this would be an entirely novel step).’

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Red Lion Chambers, 14th November 2019

Source: www.redlionchambers.co.uk

The Sex Disqualification (Removal) Act 1919 – 100 Years On – Pump Court Chambers

Posted December 4th, 2019 in juries, legal profession, news, sex discrimination, women by sally

‘This year marks the centenary of the Sex Disqualification (Removal) Act 1919. This ground breaking Act of Parliament, which became law on 23 December 1919, allowed women to become Solicitors, Barristers, Magistrates and Jurors for the first time. The Act begins with the defining words “a person shall not be disqualified by sex or marriage from the exercise of any public function”. A sentiment which we take for granted nowadays but the first female jurors in England were sworn in on 29th July 1920. In the last 100 years, the legal profession has made progress in the pursuit of equality: the UK’s first female Prime Minister began her career studying for the Bar and our beloved first female President of the Supreme Court, Lady Hale has made her mark and taken every opportunity to develop equality within our legal system.’

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Pump Court Chambers, 29th November 2019

Source: www.pumpcourtchambers.com

The Age of Criminal Responsibility in England and Wales – 25 Bedford Row

Posted December 4th, 2019 in children, criminal responsibility, news by sally

‘At the age of 10, England and Wales have the lowest minimum age of criminal responsibility (MACR) in the EU. It means that from the penultimate year of primary school, children can stand trial in an adult criminal court.’

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25 Bedford Row, 4th December 2019

Source: www.25bedfordrow.com