‘Akua Reindorf analyses Pimlico Plumbers v Smith in the Court of Appeal and provides a round-up of employment status reports and inquiries.’
Cloisters, 10th February 2017
Source: www.cloisters.com
‘And indeed never authorised the co-purchaser to enter into a contract on her behalf without her consent, did not know that he was entering into a contract, or consent to his doing so on her behalf. That was the remarkable situation in the case of Rabiu v. Marlbray Ltd [2016] 1 WLR 5147. At first blush one might have thought, in line with the decision in Suleman v. Shahsavari [1998] 1 WLR 1181, that in the absence of the signature of one of the co-purchasers, there was no binding contract and that that would be the end of the matter. So the trial judge concluded, but the Court of Appeal held that on the facts of the case the purchaser who had signed had rendered himself liable as between himself and the vendor of the property, notwithstanding the absence of the signature of his co-purchaser. In so doing it distinguished Suleman. The decision of the Court of Appeal, which runs to 111 paragraphs, considers a number of issues and repays careful study. This casenote will consider the questions of the validity of the contract between the vendor and the copurchaser and the formalities required by s.2 of the Law of Property (Miscellaneous Provisions) Act 1989. A second casenote (to follow) will consider whether, on the assumption that there was no valid contract as between the vendor and the co-purchaser (either because the contract had not been signed by the other co-purchaser, or because of want of the formalities required by s.2), the vendor was required to return the co-purchaser’s deposit or could retain it.’
Radcliffe Chambers, February 2017
Source: www.radcliffechambers.com
‘Practitioners involved in a high-profile Court of Protection case have spoken out after it emerged that a 71-year-old woman jailed for contempt had been fighting to let her brother spend his remaining months in his country of birth.’
Law Society’s Gazette, 20th February 2017
Source: www.lawgazette.co.uk
‘The appeal court is to decide whether opposite-sex couples can enter civil partnerships – without running away to the Isle of Man.’
The Guardian, 21st February 2017
Source: www.guardian.co.uk
‘A world-renowned musician who admitted molesting three students has won an appeal against an indefinite teaching ban, after a top judge ruled the ban was “flawed”.’
The Guardian, 17th February 2017
Source: www.guardian.co.uk
‘Commercial litigators regularly encounter disputes which arise from parties’ attempts to renegotiate obligations under written agreements in situations where one party is having difficulty performing as required under the contract.’
Littleton Chambers, 26th January 2017
Source: www.littletonchambers.com
‘The Court of Appeal has issued a new-style ‘short judgment’ in an immigration case, avoiding the lengthy documents normally issued by courts.’
Local Government Lawyer, 17th February 2017
Source: www.localgovernmentlawyer.co.uk
‘Hot off the presses comes the first of the Court of Appeal’s two forays into data protection law this term: Dawson-Damer v Tayor Wessing LLP [2017] EWCA Civ 74. It is an important decision and one well worth reading, particularly while waiting for round 2 (which has some overlaps) in Ittihadieh v 5-11 Cheyne Gardens / Deer v University of Oxford (likely to be handed down in the next month or so).’
Panopticon, 16th February 2017
Source: www.panopticonblog.com
‘A millionaire businessman who stabbed his wife to death in the midst of a bitter divorce row is being sued for £1.5m by his two sons.’
The Guardian, 15th February 2017
Source: www.guardian.co.uk
‘A severely disabled man born after an incestuous rape is seeking compensation at the Court of Appeal as a victim.’
BBC News, 15th March 2017
Source: www.bbc.co.uk
‘A 65-year-old woman who wants to divorce her husband of nearly 40 years is staging an “extraordinarily unusual” Valentine’s Day court fight.’
The Guardian, 14th February 2017
Source: www.guardian.co.uk
‘Service of notices, claims etc on ‘last known address’ can be a bit of a thorny issue. Not least the question of the extent of reasonable inquiries to find the missing person before the ‘last known address’ can be relied on for service.’
Nearly Legal, 13th February 2017
Source: www.nearlylegal.co.uk
‘A purportedly self-employed plumber engaged through a London-based firm was a ‘worker’, entitled to paid holiday rights and the right to bring a claim for disability discrimination, the Court of Appeal has ruled.’
OUT-LAW.com, 10th February 2017
Source: www.out-law.com
‘In EXP v Barker, the trial judge and Court of Appeal were faced with an unusual situation. An expert witness – although undoubtedly skilled and experienced in his field – had omitted to mention a close personal connection to the party instructing him.’
Zenith PI Blog, 13th February 2017
Source: www.zenithpi.wordpress.com
‘Four members of a child grooming gang are facing deportation to Pakistan after losing a legal appeal against their British citizenship being revoked.’
The Guardian, 9th February 2017
Source: www.guardian.co.uk
‘Protecting the financial rights of unmarried parents will matter not just to women but to the one in three children born to parents who aren’t married.’
The Guardian, 8th February 2017
Source: www.guardian.co.uk
‘The Court of Appeal has invited the Law Society to intervene in a highly significant hearing this month in which insurers are trying to recover millions of pounds in RTA claims portal fees from claimant solicitors in the so-called ‘£400 club’.’
Litigation Futures, 9th February 2017
Source: www.litigationfutures.com
‘Court of Appeal judges have been told to stop unnecessarily long judgments and replace them with more concise rulings.’
Daily Telegraph, 8th February 2017
Source: www.telegraph.co.uk
‘A woman who lost her long-term partner has won a legal battle that is likely to improve the pension rights of unmarried couples in the public sector.’
BBC News, 8th February 2017
Source: www.bbc.co.uk
‘A wife who lost the bulk of her divorce settlement by making “poor financial decisions” has been awarded larger monthly payments from her ex-husband despite calls from his lawyer for maintenance limits to reflect “social change”.’
Daily Telegraph, 6th February 2017
Source: www.telegraph.co.uk
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