Appeal judges reject divorcee’s negligence claim – Legal Futures

Posted July 8th, 2020 in appeals, damages, divorce, families, fees, law firms, negligence, news, solicitors, time limits by sally

‘The Court of Appeal has upheld a ruling that a negligence claim brought by a woman against her law firm over its work on her divorce was out of time.’

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Legal Futures, 8th July 2020

Source: www.legalfutures.co.uk

Mother vows for justice as IOPC brings case against Met firearms officer – The Guardian

Posted July 7th, 2020 in appeals, firearms, news, police, self-defence by sally

‘The mother of a man shot dead by police has vowed to get justice for her son as the court of appeal is to hear a challenge to police use of force.’

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The Guardian, 7th July 2020

Source: www.theguardian.com

Case Preview: Lehtimaki and Ors v Cooper – UKSC Blog

Posted July 6th, 2020 in appeals, charities, fiduciary duty, jurisdiction, news, Supreme Court by sally

‘In this post, James Warshaw, an associate in the Dispute Resolution team at CMS, previews the decision which is awaited in the matter of Lehtimaki and Ors v Cooper, which concerns whether the court has jurisdiction to direct members of a charitable company on how to exercise their powers absent a breach of fiduciary duty.’

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UKSC Blog, 3rd July 2020

Source: ukscblog.com

Penalised for parking on your own land – Law Society’s Gazette

‘Funny thing, the law. You would not, for instance, think you could get a ticket for parking on your own land. But you can. Who says? The Court of Appeal, for one. On 27 November 2009 in Dawood v Parking & Traffic Appeals Service & Another [2009] EWCA Civ 1411, in refusing permission to appeal against a penalty charge notice, Sedley LJ said that: “One might have thought that nobody could commit a criminal offence by parking a motor scooter on his own land. But the adjudicator took the law to be otherwise and HHJ Oliver‑Jones held that the contrary was not arguable.” As did Sedley LJ.’

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Law Society's Gazette, 6th July 2020

Source: www.lawgazette.co.uk

Why victims can sometimes inherit from their abusers- even if they kill them – OUP Blog

‘It is a basic rule of English law that a person who kills someone should not inherit from their victim. The justification behind the rule, known as the forfeiture rule, is that a person should not benefit from their crimes and therefore forfeits entitlement. Many other jurisdictions have the same basic rule for fundamental reasons of public policy, including the need to avoid incentivising homicide. Importantly, however, Parliament passed the Forfeiture Act 1982 to give courts in England and Wales discretion to modify the application of the rule in certain cases, so that some people could inherit from those they had killed after all. Such modification is also possible in some other jurisdictions: It allows judges to consider individual circumstances where the blanket application of a forfeiture rule would cause injustice.’

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OUP Blog, 3rd July 2020

Source: blog.oup.com

Evidencing a joint tenancy – Nearly Legal

Posted July 6th, 2020 in appeals, housing, landlord & tenant, news, repossession by sally

‘An appeal of judgment in a possession claim where the status of the occupant was in issue. Mr Richens occupied VAHT’s property. The property had been owned by Aylesbury BC, at which time the tenant was Mr R’s grandfather. There had been a stock transfer in 2006. Mr R’s grandfather died in March 2017 and a year later VAHT brought possession proceedings on Ground 7.’

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Nearly Legal, 5th July 2020

Source: nearlylegal.co.uk

Scope of the duties on the state to protect life under Article 2 ECHR (R (Maguire) v HM Senior Coroner) – Dispute Resolution Blog

‘In R (Maguire) v HM Senior Coroner for Blackpool & Fylde & Others [2020] EWCA Civ 738, the Court of Appeal considered whether the enhanced procedural duty to investigate death under Article 2 ECHR applied to the inquest touching upon the death of a vulnerable individual subject to the Deprivation of Liberty Safeguards (“DoLS”) under the Mental Capacity Act 2005 living in a care home. The Court of Appeal’s judgment is an important authority on the scope of the substantive positive duties on the state to protect life under Article 2 ECHR.’

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Dispute Resolution Blog, 30th June 2020

Source: www.lexisnexis.co.uk

Case Comment: Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25 – UKSC Blog

Posted July 3rd, 2020 in appeals, company law, insolvency, news, Supreme Court by sally

‘In this case comment, Adrian Bell, Nigel Lewis, Steven Bell and Shona Frame, all partners within the CMS Infrastructure, Construction and Energy Disputes Group, comment on the decision handed down in June 2020 in the matter of Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25.’

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UKSC Blog, 1st July 2020

Source: ukscblog.com

Case Comment: Regeneron v Kymab [2020] UKSC 27 – UKSC Blog

Posted July 3rd, 2020 in appeals, intellectual property, news, patents, Supreme Court by sally

‘In this case comment, Caitlin Heard, Frances Denney and Robert Stephen, who all work within the intellectual property team at CMS, comment on the judgment handed down by the Supreme Court in June 2020 in the matter of Regeneron v Kymab [2020] UKSC 27, which concerns whether patents were invalid for insufficiency.’

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UKSC Blog, 2nd July 2020

Source: ukscblog.com

FOIA Appeals and Enforcement: Who has the Power? – Panopticon

‘When the First-tier Tribunal decides an information rights appeal and finds in favour of the requestor, who has the responsibility for enforcing any non-compliance with that judgment? Is it the FTT, or is the Information Commissioner? In an interesting judgment of Judge Jacobs in Moss v Information Commissioner & Royal Borough of Kingston upon Thames [2020] UKUT 174 (AAC), the Upper Tribunal has held that it is the FTT.’

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Panopticon, 2nd July 2020

Source: panopticonblog.com

Adventures in forfeiture – brothels and specifying the breach – Nearly Legal

‘An Upper Tribunal appeal of an FTT decision that the leaseholder, Ms M, was in breach of lease, and specifically a restriction “Not to do or permit or suffer in or upon the Demised Premises or any part thereof any illegal or immoral act or any act or thing which may be or may become a nuisance or annoyance or cause damage to the Lessors or the tenants of the Lessor or the occupiers of any part of the Building.”’

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Nearly Legal, 1st July 2020

Source: nearlylegal.co.uk

Role of UK judges in Hong Kong appeal court comes under scrutiny – The Guardian

Posted July 3rd, 2020 in appeals, China, colonies, foreign jurisdictions, Hong Kong, judiciary, news by sally

‘The role of British judges who sit on Hong Kong’s highest court has come under intensive scrutiny as the new, Beijing-enforced national security law transforms the former colony’s legal freedoms.’

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The Guardian, 2nd July 2020

Source: www.theguardian.com

Landlord’s knowledge of breach: waiver of forfeiture Faiz v Burnley BC [2020] EWCA 407 (Ch); 2 WLUK 318 (Ch D) – St Ives Chambers

Posted July 1st, 2020 in appeals, chambers articles, covenants, forfeiture, landlord & tenant, news, rent by sally

‘The High Court in Faiz considered the interrelationship between a landlord’s knowledge and the date of accrual of a tenant’s liability and their effect on waiver of forfeiture.’

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St Ives Chambers, June 2020

Source: www.stiveschambers.co.uk

Use as a Private Dwelling House Does Not Include Shortterm Holiday Lets – St Ives Chambers

Posted July 1st, 2020 in appeals, chambers articles, covenants, holidays, leases, news, tribunals by sally

‘Many property owners are taking advantage of new technology to advertise short term stays at their properties on various platforms. Two of the most common are Airbnb and Booking.com. Changes to the tax relief available on buy to let mortgages has also caused a move towards Furnished Holiday Lettings.’

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St Ives Chambers, June 2020

Source: www.stiveschambers.co.uk

Insolvent Companies and Adjudication: Bresco Services Limited v Michael J Lonsdale [2020] UKSC 25 – Hardwicke Chambers

‘Adjudication is a quick and comparatively cheap method of dispute resolution and for those reasons is attractive to insolvent companies seeking to recover debts. However, a respondent was likely to be able to restrain the insolvent company from referring the matter to adjudication on the basis that it would be futile to do so, since any positive decision was unlikely to be enforced as a result of the very fact of the company’s insolvency. Therefore, any award lacked practical utility. Following the decision of the Supreme Court in Bresco v Lonsdale, that is no longer the case.’

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Hardwicke Chambers, 17th June 2020

Source: hardwicke.co.uk

Obligations in relation to electronic records and devices: fresh guidance from the Court of Appeal (Criminal Division) – Park Square Barristers

‘Two otherwise unrelated cases were listed together to provide the Court of Appeal (Criminal Division), headed by the Vice – President Lord Justice Fulford, with an opportunity to consider various issues relating to the retention, inspection, copying, disclosure and deletion of the electronic records held by prosecution witnesses.’

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Park Square Barristers, 26th June 2020

Source: www.parksquarebarristers.co.uk

Evans v Betesh Partnership and McGinty [2020] EWHC 1589 (QB) – Parklane Plowden Chambers

‘High Court decision (24/06/20) concerning solicitor/barrister professional negligence arising out of a personal injury case.’

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Parklane Plowden Chambers, 24th June 2020

Source: www.parklaneplowden.co.uk

Running out of gas… Housing Update – Section 21 Notices – St Ives Chambers

‘In a long-awaited judgment handed down on 18th June 2020, the Court of Appeal held (2:1) in Trecarrell House Limited v. Patricia Rouncefield [2020] EWCA Civ 760 (“Rouncefield”) that a failure to provide a gas safety certificate to a new tenant prior to them taking up occupation can be rectified by later service so as to enable the landlord to serve a section 21 notice.’

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St Ives Chambers, 23rd June 2020

Source: www.stiveschambers.co.uk

The Court of Appeal considers the consequences of failure to serve a registration order under the Lugano Convention: Islandsbanki Hf & Ors v Stanford [2020] EWCA Civ 480 – Hardwicke Chambers

Posted June 26th, 2020 in appeals, bankruptcy, chambers articles, civil procedure rules, debts, news by sally

‘Oliver Hyams and Amy Held investigate the recent case of Islandsbanki Hf & Ors v Stanford [2020] EWCA Civ 480.’

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Hardwicke Chambers, 23rd June 2020

Source: hardwicke.co.uk

Swift v Carpenter: Accommodation costs dispute reaches Court of Appeal – Law Society’s Gazette

Posted June 25th, 2020 in appeals, compensation, housing, news, personal injuries by sally

‘The fundamental and long-debated approach to awarding compensation for special accommodation today arrived at the Court of Appeal.’

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Law Society's Gazette, 23rd June 2020

Source: www.lawgazette.co.uk