Day: 11 October 2022
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Brake & Ors v The Chedington Court Estate Ltd [2022] EWCA Civ 1302 (10 October 2022)
High Court (Chancery Division)
Bank St Petersburg OJSC & Anor v Arkhangelsky & Anor [2022] EWHC 2499 (Ch) (10 October 2022)
Hayes v Pack & Ors [2022] EWHC 2508 (KB) (10 October 2022)
High Court (King’s Bench Division)
Hayes v Pack & Ors [2022] EWHC 2508 (KB) (10 October 2022)
Source: www.bailii.org
Rent Repayment Orders in the Upper Tribunal again. – OUT-LAW.com
‘A couple of appeals on rent repayment orders. The first confirming the UT’s approach to assessing what proportion of rent an RRO should be made for. The second on whether someone could be said to be in control or managing an unlicensed HMO where it was not clear or evidenced that the person received a rack rent.’
OUT-LAW.com, 5th October 2022
Source: nearlylegal.co.uk
Property Guardians and HMOs – on we go. – Nearly Legal
‘Global Guardians Management Ltd & Ors v London Borough of Hounslow & Ors (2022) UKUT 259 (LC). This was Global Guardians’ appeal of an FTT decisions that occupation by property guardians was capable of making a property a licensable HMO, and that Global Guardians (and Global 100) were in control and/or management of the property. This was in two matters – one being Global’s appeal of civil penalties imposed by LB Hounslow, and the other being rent payment orders made against Global 100 in favour of guardian occupiers.’
Nearly Legal, 5th October 2022
Source: nearlylegal.co.uk
Understanding the risk of discharge of duty – Nearly Legal
‘Our grateful thanks to Angharad Monk of Garden Court (and instructing solicitor Anne Spowart of Morrison Spowart) for this note of judgment in a section 204 Housing Act 1996 appeal of Waltham Forest’s decision to discharge duty. Mekonen v LB Waltham Forest, County Court at Central London, 8 August 2022.’
Nearly Legal, 9th October 2022
Source: nearlylegal.co.uk
Supreme Court rules on directors duty to act in interests of creditors – OUT-LAW.com
‘Company directors need to remain wary of their duty to consider the interests of creditors in certain circumstances, despite a new UK Supreme Court ruling that they are likely to welcome, experts have said.’
OUT-LAW.com, 10th October 2022
Source: www.pinsentmasons.com
Kate Ollerenshaw: More Haste, Less Speed: Sunset Clauses in the Retained EU Law (Revocation and Reform) Bill – UK Constitutional Law Association
‘There are many points of note for those interested in Constitutional law in the recently published Retained EU Law (Revocation and Reform) Bill 2022 (“the Bill”). This post focuses on the proposal to bind the Government to accomplishing the complex process of assimilating desirable retained EU law into domestic legislation before a stated deadline using the sunsetting provisions in clauses 1 and 3 of the Bill. It asks why sunsetting is needed, suggesting the motivation lies, at least in part, in the Government’s desire to reap the so-called “Brexit dividend” by reducing the burden of regulation from EU-derived measures as quickly as possible. It goes on to question whether the sunset clauses will ultimately assist in that aim.’
UK Constitutional Law Association, 10th October 2022
Source: ukconstitutionallaw.org
Nearly 240 applications made for deprivation of liberty for children in first two months of new national court – Local Government Lawyer
‘There were 237 applications to deprive children of their liberty in the first two months of the new national deprivation of liberty (DoLs) court, the Nuffield Family Justice Observatory (NFJO) has said.’
Local Government Lawyer, 6th October 2022
Source: www.localgovernmentlawyer.co.uk
Incorrect precedent led to wrong ground rent advice for 115 clients – Legal Futures
‘A solicitor who gave 115 clients the wrong advice about the ground rent provisions in the leases of properties they were buying – because of an incorrect precedent – has been fined £15,000.’
Legal Futures, 10th October 2022
Source: www.legalfutures.co.uk
Domestic abuse, controlling and coercive behaviours and companion animals – Family Law
‘Trying to define and prove controlling and coercive behaviours both before and after Re H v N 2020 [2021] EWCA Civ 448 has been difficult and occasionally contradictory. This Article looks at ways in which companion animal abuse or threats to them, can help shed light on what we mean by controlling and coercive behaviours and how such can provide very powerful evidence to prove it. It also suggests that by introducing this evidence into our thinking and case law we shine a light on the links between domestic abuse, child abuse and animal abuse and so better protect not only human victims of abuse but also the animals we share our lives and family life with.’
Family Law, 10th October 2022
Source: www.familylaw.co.uk
Multi-agency safeguarding and domestic abuse paper published – Family Law
‘The Child Safeguarding Practice Review Panel has published a paper setting out key findings from reviews where domestic abuse featured.’
Family Law, 10th October 2022
Source: www.familylaw.co.uk
Claim worth £3,000 moved after costs rose towards £50,000 – Law Society’s Gazette
‘A High Court judge has made a veiled warning to solicitors not to over-plead on data protection cases and incur massive costs on unnecessary litigation.’
Law Society’s Gazette, 10th October 2022
Source: www.lawgazette.co.uk
E-scooter rider banned from roads for drink-driving in York – BBC News
‘A man has been banned from driving after admitting riding an e-scooter while over the legal alcohol limit.’
BBC News, 10th October 2022
Source: www.bbc.co.uk
Dudley couple tried to bring £1.75m of cocaine into UK – BBC News
‘Two people who tried to smuggle up to £1.75m of cocaine into the UK had their goods replaced by wooden blocks.’
BBC News, 10th October 2022
Source: www.bbc.co.uk
Ashley Wadsworth: British man who murdered Canadian teenage girlfriend on trip to UK jailed – The Independent
‘A 23-year-old British man has been sentenced to life in prison for murdering his 19-year-old Canadian girlfriend after she travelled to the UK to meet him.’
The Independent, 11th October 2022
Source: www.independent.co.uk
London school uses law change to replace striking staff with agency workers – The Guardian
‘A primary school whose top management were paid £1.49m last year has become among the first to use strike-busting legislation allowing them to hire agency workers to replace striking staff.’
The Guardian, 11th October 2022
Source: www.theguardian.com
60 violent and sexual offence cases wrongfully dropped in past year, BBC discovers – BBC News
‘Violent and sexual crimes are among cases wrongfully dropped by the Crown Prosecution Service in the past year.’
BBC News, 11th October 2022
Source: www.bbc.co.uk
