‘Millions of unmarried couples who live together could be unaware of their rights if the relationship breaks down, a family law group has warned.’
BBC News, 27th November 2017
Source: www.bbc.co.uk
‘The recent mass review of 10,000 criminal case samples shows what can happen when commercial demands get in the way of vital public services.’
The Guardian, 27th November 2017
Source: www.theguardian.com
‘On 20 October 2017 Registrar Derrett handed down judgment in the case of Thomas v Haederle (unreported), in which she gave reasons for dismissing a bankruptcy petition presented by the debtor (T) in the County Court at Norwich on 4 December 2014, pursuant to s 272 of the Insolvency Act 1986 (IA86), as it then was.’
Hardwicke Chambers, 2nd November 2017
Source: www.hardwicke.co.uk
‘In November 2010 the appellant, Mr Doka, was evicted from his home at Laburnam Close in South East London on the basis of rent arrears. His former employer, Mr Theobald, subsequently allowed him to stay in his home in Dartford. The arrangement was initially meant to be a temporary one. But after a few weeks the arrangement was put on a more stable footing, with Mr Theobald agreeing to provide what he described as ‘full-time accommodation’, allowing Mr Doka to sleep in his son’s bedroom (while his son was away at University) for £500 a month. Mr Theobald told Mr Doka that he could live there for two-three years, while his son finished at University, though Mr Doka would be required to stay with friend’s on occasion if Mr Theobald’s son returned and needed the use of the room.’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
‘In his last blog post, The Problem of Iago: Whistleblowing and tained information, Benjamin Gray considered the cases of Royal Mail Ltd v Jhuti [2017] EWCA Civ 1632 and International Petroleum Ltd v Osipov [2017] UKEAT/0058/17 and the difficulties faced by both claimants and respondents in ‘tainted information’, or ‘Iago’, cases, where employers are manipulated into dismissing employees by their co-workers.’
Littleton Chambers, 22nd November 2017
Source: www.littletonchambers.com
‘Service charges are fees that homeowners often commit to pay under the terms of the lease they enter into when they purchase their homes.[1] They are increasingly common in share-of-freehold properties, and commonly include the costs of insurance, lighting, maintenance, cleaning and the repair of common parts such as lifts and gyms, as well as fees for the purchase, sale, sublet or alteration of a flat. They can also effect the purchase of some freehold properties.’
4 KBW, 14th November 2017
Source: www.4kbw.net
‘The Upper Tribunal gave guidance as to how an assessment of reasonableness of insurance premiums under s.19 of the Landlord and Tenant Act 1985 ought to be approached.’
Tanfield Chambers, 1st November 2017
Source: www.tanfieldchambers.co.uk
‘Construction analysis: One year after the second edition of the Pre-Action Protocol for Construction and Engineering Disputes (the Protocol) came into force, David Pliener looks at how it has been used in practice. He notes that while it has generally been well-received, the Protocol’s full impact has not been felt yet, and there are still areas where uptake has been slow. Nevertheless, over the past year, indications point to the overall success of the new regime.’
Hardwicke Chambers, 3rd November 2017
Source: www.hardwicke.co.uk
‘Charlotte Davies looks at two recent decisions of the Commercial Court that provide useful illustrations of the Court’s approach to cases involving alleged oral contracts and demonstrate some of the pitfalls in such claims.’
Littleton Chambers, 8th November 2017
Source: www.littletonchambers.com
‘The British Horseracing Authority brushed off an accusation of “poor regulation” from the National Trainers’ Federation on Wednesday over a new rule that requires trainers to declare wind operations on their horses, and it seems likely to irritate the NTF further by insisting trainers found guilty of a serious breach of the rule will risk the suspension of their licence.’
The Guardian, 22nd November 2017
Source: www.theguardian.com
Court of Appeal (Civil Division)
High Court (Administrative Court)
High Court (Chancery Division)
High Court (Commercial Court)
High Court (Family Division)
High Court (Patents Court)
High Court (Queen’s Bench Division)
Source: www.bailii.org
‘An action was brought by a Claimant child for serious injuries she sustained in a road traffic accident. She recovered 90% of her claim in a liability trial however it was agreed between the parties that a preliminary issue should be tried as to whether her severe developmental abnormalities had been caused by the accident.’
Park Square Barristers, 22nd November 2017
Source: www.parksquarebarristers.co.uk
‘In determining whether to impose vicarious liability the court has to consider what sort of relationship has to exist between an individual and a defendant before the defendant can be made vicariously liable in tort for the conduct of that individual? (The first requirement) A classic example of a relationship which gives rise to vicarious liability is that of employer and employee.’
Park Square Barristers, 9th November 2017
Source: www.parksquarebarristers.co.uk
‘On 30th October 2017, the Court of Appeal finally settled whether fundamental dishonesty needs to pleaded before a Defendant can rely on CPR 44.16(1) to set aside QUOCS.’
Park Square Barristers, 3rd November 2017
Source: www.parksquarebarristers.co.uk
‘Both the deceased and her daughter were under the care of the Oxford Health NHS Foundation Trust due to mental illness issues. There had been a series of incidences in which the daughter was found to have been violent or threatening to specifically her Mother and also to police officers and other carers which culminated in her being admitted to hospital pursuant to section 2 of the Mental Health Act 1983. She subsequently escaped and was then returned to hospital. A decision was made to move her to an open ward from which she absconded again and went missing, subsequently being discovered to be back at her Mother’s house. Concerns were raised between the hospital and the police about the welfare of her Mother in such circumstances and there appeared to be a dispute about the responsibility of the two authorities to act. After further concerns were raised by other family members about the disappearance of the Mother, police attended at the home and discovered the Mother’s body; her daughter was arrested in connection with her death.’
Park Square Barristers, 2nd November 2017
Source: www.parksquarebarristers.co.uk
‘The theft of personal data by malicious employees or third parties does not have to be a disaster. With appropriate PR and legal advice, and proactive engagement and input from senior management, an organisation can minimise the negative consequences and may even be able to strengthen client relationships. The key is transparency – you to need to own the breach, and demonstrate a proactive, strong response.’
Technology Law Blog, 23rd November 2017
Source: www.technology-law-blog.co.uk
‘At [53] of Hotak v Southwark LBC [2015] UKSC 30, [2016] AC 811, Lord Neuberger explained that whether or not a homeless applicant was ‘vulnerable’ within the meaning of s189(1)(c) Housing Act 1996 required consideration of whether he or she would be ‘significantly more vulnerable than ordinarily vulnerable’ as a result of being rendered homeless. In the conjoined appeals of Panayiotou and Smith, the Court of Appeal considered the meaning of the word ‘significantly’ in this context as well as a number of issues relating to the contracting out of homelessness decision making in instances where the public sector equality duty under s149 Equality Act 2010 is engaged.’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
‘Harris v London Borough of Hounslow [2017] EWCA Civ 1476 is a warning to all secure tenants that face eviction under the new absolute grounds for possession: you must comply with the 7-day statutory time limit to request a review even, it seems, if you can’t.’
The 36 Group, 23rd October 2017
Source: 36group.co.uk
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