Lant Street decision: is it a cladding system? – Tanfield Chambers

‘This article will focus on a critical aspect of the Upper Tribunal’s recent decision in Lehner v Lant Street Management Company Limited [2024] UKUT 0135 (LC). It follows on from Piers Harrison’s earlier post on the case.’

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Tanfield Chambers, 20th June 2024

Source: www.tanfieldchambers.co.uk

Co-ownership in the business context: the odiousness of survivorship in equity – Wilberforce Chambers

Posted July 4th, 2024 in appeals, chambers articles, company law, equity, news, partnerships by sally

‘The co-ownership of property is a question that vexes all private client lawyers. The recent judgment of Nugee LJ, a former member of these chambers, in Williams v Williams [2024] EWCA Civ 42 involved litigation that touched upon the issue in the context of partnership and real property.’

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Wilberforce Chambers, 27th June 2024

Source: www.wilberforce.co.uk

Thousands of children “fallen victim” to record backlogs in family courts, Law Society President warns – Local Government Lawyer

‘The Law Society President, Nick Emmerson, has called on the next government to protect children “trapped” in a family court crisis due to record backlogs.’

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Local Government Lawyer, 2nd July 2024

Source: www.localgovernmentlawyer.co.uk

High Court dismisses fundamentally dishonest £6.4m PI claim – Legal Futures

‘A man seriously injured in a motorbike crash “has only himself to blame” after his £6.4m claim was dismissed in the biggest case to date where fundamental dishonesty was found.’

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Legal Futures, 4th July 2024

Source: www.legalfutures.co.uk

High Court finds LA can consent to deprivation of child’s liberty without DoLs order – Local Government Lawyer

‘The High Court has concluded that a Local Authority, which holds parental responsibility for a child under the age of 16, has the power to consent to the deprivation of his liberty.’

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Local Government Lawyer, 3rd July 2024

Source: www.localgovernmentlawyer.co.uk

‘Significant failing’ in care of Royal Marines recruit who took his own life – The Guardian

Posted July 4th, 2024 in armed forces, inquests, mental health, news, self-harm, suicide, young persons by sally

‘There was a “significant failing” in the care of a teenage Royal Marines recruit who took his own life after struggling on a demanding training course, a coroner has concluded.’

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The Guardian, 3rd July 2024

Source: www.theguardian.com

Triplark Limited v Whale and others [2024] EWHC 1440 (Ch) – Tanfield Chambers

Posted July 4th, 2024 in covenants, leases, news, repairs, service charges by sally

‘Triplark Limited v Whale and others [2024] EWHC 1440 (Ch): a landlord’s works are not within the terms of its repairing covenant where they increase the maintenance burden on the tenant.’

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Tanfield Chambers, 25th June 2024

Source: www.tanfieldchambers.co.uk

SRA agrees to take over regulation of CILEX members – Legal Futures

Posted July 4th, 2024 in legal executives, news, Solicitors Regulation Authority by sally

‘The board of the Solicitors Regulation Authority (SRA) has agreed to regulate CILEX members if it decides to press ahead with changing regulator.’

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Legal Futures, 2nd July 2024

Source: www.legalfutures.co.uk

BAILII: Recent Decisions

Posted July 4th, 2024 in law reports by tracey

Supreme Court

The Manchester Ship Canal Company Ltd v United Utilities Water Ltd No 2 [2024] UKSC 22 (02 July 2024)

Court of Appeal (Civil Division)

Jaffe v Tingdene Marinas Ltd [2024] EWCA Civ 751 (03 July 2024)

KLG Trucking SRL v Secretary of State for the Home Department [2024] EWCA Civ 737 (02 July 2024)

Court of Appeal (Criminal Division)

Counihan, R. v [2024] EWCA Crim 747 (03 July 2024)

Winter & Anor v R. [2024] EWCA Crim 711 (02 July 2024)

Letby v Rex (Rev2) [2024] EWCA Crim 748 (02 July 2024)

Wilkie, R. v [2024] EWCA Crim 741 (18 June 2024)

Anwar, R. v [2024] EWCA Crim 744 (18 June 2024)

High Court (Administrative Court)

ZX, R (On the Application Of) v Criminal Injuries Compensation Authority & Anor [2024] EWHC 1703 (Admin) (03 July 2024)

Cook v General Medical Council [2024] EWHC 1663 (Admin) (02 July 2024)

Lidl Great Britain Ltd v East Lindsey District Council [2024] EWHC 1641 (Admin) (02 July 2024)

Rights Community Action Ltd, R (On the Application Of) v Secretary Of State For Levelling Up, Housing And Communities [2024] EWHC 1693 (Admin) (02 July 2024)

SM, R (On the Application Of) v The Secretary of State for the Home Department [2024] EWHC 1683 (Admin) (01 July 2024)

High Court (Chancery Division)

Consort Healthcare (Tameside) Plc v Tameside And Glossop Integrated Care NHS Foundation Trust [2024] EWHC 1702 (Ch) (03 July 2024)

Southgate v Graham [2024] EWHC 1692 (Ch) (02 July 2024)

Dorset Ltd v Triantafyllidis [2024] EWHC 1583 (Ch) (01 July 2024)

Cobden v Cobden [2024] EWHC 1581 (Ch) (01 July 2024)

Moosa & Ors v Mawji [2024] EWHC 1638 (Ch) (28 June 2024)

High Court (Commercial Court)

Njord Partners Sma-Seal LP & Ors v Astir Maritime Ltd & Ors [2024] EWHC 1682 (Comm) (03 July 2024)

Cityfibre Ltd v GCI Network Solutions Ltd [2024] EWHC 1694 (Comm) (02 July 2024)

WRBC Corporate Member Ltd v AXA XL Syndicate Ltd & Ors [2024] EWHC 1673 (Comm) (28 June 2024)

High Court (Family Division)

PP v JP & Ors [2024] EWHC 1697 (Fam) (02 July 2024)

Court (Patents Court)

Modernatx Inc v Pfizer Ltd & Ors [2024] EWHC 1695 (Pat) (02 July 2024)

Pfizer Inc & Anor v Modernatx Inc [2024] EWHC 1648 (Pat) (02 July 2024)

High Court (King’s Bench Division)

Barry & Anor v Barry [2024] EWHC 1661 (KB) (07 July 2024)

Pacini & Anor v Dow Jones & Company Inc. [2024] EWHC 1709 (KB) (03 July 2024)

Hamilton & Anor v The London Borough of Sutton [2024] EWHC 1675 (KB) (01 July 2024)

Truter & Anor v Ministry of Justice [2024] EWHC 1668 (KB) (01 July 2024)

Lunn v Antarctic Logistics Centre International (Pty) Ltd [2024] EWHC 1662 (KB) (28 June 2024)

Hall v Hibbert & Anor [2024] EWHC 1665 (KB) (28 June 2024)

High Court (Technology and Construction Court)

West 28th Street Ltd & Anor v Halstead Associates Limited (t/a Halstead Associates) [2024] EWHC 1698 (TCC) (03 July 2024)

Mornington 2000 Llp (t/a Sterilab Services) & Anor v The Secretary of State for Health And Social Care [2024] EWHC 1708 (TCC) (03 July 2024)

Source: www.bailii.org

Sian v Halimedia: Insolvency vs Arbitration – Article by Ernest Leung cited in recent Privy Council decision – Wilberforce Chambers

‘In Sian Participation Corp v Halimedia International Ltd [2024] UKPC 16, Lords Briggs and Hamblen considered the issue of whether insolvency proceedings should be stayed where the underlying debt was covered by an arbitration agreement. In an appeal from the BVI, the Privy Council rejected the approach in Salford Estates (No 2) Ltd v Altomart Ltd (No 2) [2014] EWCA Civ 1575 where the English Court of Appeal stated that insolvency proceedings should be stayed in favour of arbitration proceedings unless there are exceptional circumstances (“the Salford Approach”). This means that even if the debtor company could not show that the debt is genuinely disputed on substantial grounds (a relatively low threshold), the petitioning creditor will still have to go through the arbitration process to establish the debt before seeking a winding-up order.’

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Wilberforce Chambers, 21st June 2024

Source: www.wilberforce.co.uk

Work on synthetic human embryos to get code of practice in UK – The Guardian

Posted July 4th, 2024 in codes of practice, embryology, news by sally

‘Biological models of human embryos that can develop heartbeats, spinal cords and other distinctive features will be governed by a code of practice in Britain to ensure that researchers work on them responsibly.’

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The Guardian, 4th July 2024

Source: www.theguardian.com

Husband who put body in suitcase guilty of murder – BBC News

Posted July 4th, 2024 in married persons, murder, news by sally

‘A man who strangled his wife for having an online affair and dumped her body in a river has been found guilty of murder.’

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BBC News, 3rd July 2024

Source: www.bbc.co.uk

Man jailed for carrying replica sword from Legend of Zelda video game in public – The Guardian

Posted July 4th, 2024 in news, offensive weapons, sentencing by sally

‘A man has been jailed for brandishing a replica of a sword from the Nintendo game The Legend of Zelda on the streets of a Warwickshire market town, which he said was a “fidget toy” to keep his hands busy.’

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The Guardian, 3rd July 2024

Source: www.theguardian.com

Barrister GC: Why can’t I sign off trainee solicitors’ work experience? – Legal Futures

‘A general counsel has complained that she is unable to sign off the qualifying work experience (QWE) of trainee solicitors because she is a barrister.’

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Legal Futures, 4th July 2024

Source: www.legalfutures.co.uk

Judicial Review launched over Bristol SEND “safety valve” deal – Local Government Lawyer

Posted July 4th, 2024 in judicial review, local government, news, special educational needs by sally

‘A judicial review claim has been launched against Bristol City Council, challenging its decision to enter into a “safety valve agreement” with the Department for Education.’

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Local Government Lawyer, 1st July 2024

Source: www.localgovernmentlawyer.co.uk

Man, 46, guilty of murdering wife while her online boyfriend was on video link – The Guardian

Posted July 4th, 2024 in married persons, murder, news by sally

‘A man has been convicted of strangling his wife while her online boyfriend was on a video link, and throwing her body hidden in a suitcase into a tributary of the River Thames.’

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The Guardian, 3rd July 2024

Source: www.theguardian.com

Anti-protest injunctions cover more than 1,200 locations, report shows – Local Government Lawyer

Posted July 4th, 2024 in demonstrations, freedom of expression, human rights, injunctions, news by sally

‘There are more than 1,200 locations in which controversial anti-protest injunctions apply, research from the BBC has revealed.’

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Local Government Lawyer, 2nd July 2024

Source: www.localgovernmentlawyer.co.uk

Lucy Letby: Courtroom drama, a failed appeal, and battles over the truth – BBC News

Posted July 4th, 2024 in appeals, children, hospitals, murder, news, nurses by sally

‘When former nurse Lucy Letby was convicted of murdering babies last year, news channels rolled on the story, and her mugshot was splashed across front pages and websites around the world.’

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BBC News, 4th July 2024

Source: www.bbc.co.uk

Trials and tribulation – Law Society’s Gazette

Posted July 4th, 2024 in criminal justice, Crown Court, delay, legal profession, news, prisons by sally

‘Crown courts are in crisis, reports Catherine Baksi. The backlog continues to climb, the estate is crumbling and there aren’t enough lawyers. So what’s the plan?’

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Law Society's Gazette, 2nd July 2024

Source: www.lawgazette.co.uk