New survey from Bar Council finds barristers at “breaking point” – The Bar Council

Posted January 25th, 2021 in barristers, coronavirus, debts, diversity, employment, fees, mental health, news, statistics by tracey

‘The Bar Council, which represents all barristers in England and Wales, has today published findings from its most recent survey of the Bar. The findings show some signs of recovery in workload, but highlight the extreme financial and psychological hardship still facing many barristers.’

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The Bar Council, 22nd January 2021

Source: www.barcouncil.org.uk

Barristers take on debt and other work to survive pandemic – Legal Futures

Posted January 22nd, 2021 in barristers, coronavirus, debts, employment, news, statistics by sally

‘Six in 10 barristers, rising to 80% of those doing publicly funded work, have taken on personal debt or used savings to get through Covid-19, Bar Council research has found.’

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Legal Futures, 22nd January 2021

Source: www.legalfutures.co.uk

Claimants in breast implant case buy cause of action to sue defendant’s lawyers – Litigation Futures

‘A leading defendant law firm and a QC have failed to strike out a professional negligence action brought after the claimants in a case they defended acquired their insolvent client’s cause of action.’

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Litigation Futures, 16th December 2020

Source: www.litigationfutures.com

Guess who? Does a section 8 notice have to contain the landlord’s own name and address? – Hardwicke Chambers

‘Kort Egan discusses Prempeh v Lakhany [2020] EWCA Civ 1422, in which the Court of Appeal considered whether a section 8 notice that is signed by the landlord’s agent and contains the agent’s details, must also include the landlord’s name and address.’

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Hardwicke Chambers, 13th November 2020

Source: hardwicke.co.uk

The importance of acting with “reasonable promptitude” when applying for relief from forfeiture: Keshwala and another v Bhalsod [2020] EWHC 2372 (QB) – Hardwicke Chambers

‘The tenants (Claimants) had a twenty-year lease of 89 Narborough Road, Leicester (Property) which commenced on 12 March 2008. The Property consisted of a lock-up shop on the ground floor with residential accommodation above. The Claimants mistakenly paid only £1,500 of the £2,000 quarterly instalment of rent that fell due in June 2018, leaving arrears of £500.’

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Hardwicke Chambers, 14th October 2020

Source: hardwicke.co.uk

Rent Repayment Orders – the Upper Tribunal is firm – Nearly Legal

Posted October 26th, 2020 in appeals, debts, housing, landlord & tenant, news, rent, tribunals by sally

‘This was an appeal from an FTT rent repayment order decision. The FTT decision was made before the Upper Tribunal decision in Vadamalayan v Stewart and others (2020) UKUT 0183 (LC) (our report) and this appeal succeeded pretty much on that basis alone – the FTT decision was wrong in law in the way the Tribunal had approached the award – but it also involves the UT putting down another firm marker to FTTs on the correct approach to awards in rent repayment orders.’

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Nearly Legal, 24th October 2020

Source: nearlylegal.co.uk

Possession Proceedings: Where are they now? – Tanfield Chambers

‘When the stay on possession proceedings first came into force on 27 March 2020, it appeared to be a straight-forward (albeit blunt) tool to help the Courts manage the effects of the Coronavirus.’

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Tanfield Chambers, 5th October 2020

Source: www.tanfieldchambers.co.uk

For this relief, much thanks – Nearly Legal

Posted October 5th, 2020 in appeals, debts, delay, forfeiture, landlord & tenant, leases, news, rent by tracey

‘Keshwala & Anor v Bhalsod & Anor (2020) EWHC 2372 (QB). An appeal from a Circuit Judge’s decision refusing relief from forfeiture, focussing on the issue of delay in making the application for relief. This was a commercial lease, though with living accommodation above. Mr Keshwala had taken a 20 year lease of the property in 2008. In 2015, the current freeholder had bought the freehold. Also in 2015, the rent first fell into arrears. The freeholder forfeited by re-entry and Mr K obtained relief from forfeiture on payment of arrears and costs.’

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Nearly Legal, 4th October 2020

Source: nearlylegal.co.uk

Eviction and contempt – Nearly Legal

Posted September 25th, 2020 in appeals, debts, landlord & tenant, news, rent, repossession, stay of proceedings, undertakings by sally

‘This is a somewhat unusual appeal in the context of possession proceedings, being an appeal against a 12 month committal of the tenant to prison on two counts of contempt of court.’

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Nearly Legal, 21st September 2020

Source: nearlylegal.co.uk

Master of the Rolls issues statement on resumption of possession cases – Local Government Lawyer

Posted September 23rd, 2020 in coronavirus, debts, housing, judges, landlord & tenant, news, rent, repossession, time limits by sally

‘The Master of the Rolls, Sir Terence Etherton, has published a statement on the resumption of possession cases from 20 September.’

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Local Government Lawyer, 21st September 2020

Source: www.localgovernmentlawyer.co.uk

Renters: Eviction cases resume after six-month ban – BBC News

Posted September 21st, 2020 in coronavirus, debts, delay, domestic violence, housing, landlord & tenant, news, rent, repossession by sally

‘Eviction hearings will now resume in courts in England and Wales – but the most serious cases will be given priority.’

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BBC News, 21st September 2020

Source: www.bbc.co.uk

Solicitor who raided client’s estate to pay debts is struck off – Legal Futures

‘A solicitor who used £100,000 from a client’s estate to pay debts to HM Revenue & Customs and an indemnity insurer before closing his firm has been struck off.’

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Legal Futures, 16th September 2020

Source: www.legalfutures.co.uk

Case Comment: Sevilleja v Marex Financial Ltd [2020] UKSC 31 – UKSC Blog

Posted September 4th, 2020 in appeals, company law, damages, debts, insolvency, news, shareholders, Supreme Court, third parties by sally

‘In this case comment, David Bridge and Jessica Foley, both solicitor-advocates within the CMS litigation & arbitration team, comment on the decision handed down by the UK Supreme Court earlier this summer in the matter of Sevilleja v Marex Financial Ltd [2020] UKSC 31, which concerned whether the rule against reflective loss bars creditors of a company from claiming directly against a third party for asset-stripping the company.’

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UKSC Blog, 4th September 2020

Source: ukscblog.com

Ban on evictions and notice periods extended in Government u-turn – St Ives Chambers

‘The stay imposed on possession proceedings was due to expire on Sunday 23 August 2020. However, in an 11th hour u-turn, Robert Jenrick announced on Friday afternoon that the ban on evictions would be extended for a further 4 weeks (taking the total ban to 6 months) in England and Wales. In a further, unforeseen twist, it was announced that a new 6 month notice period would be in place until at least 31 March 2021 (this applies to England only) in all matters save for “serious cases”, examples of which are anti-social behaviour and domestic abuse.’

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St Ives Chambers, 21st August 2020

Source: www.stiveschambers.co.uk

Coronavirus: Bailiffs return to chase pre-lockdown unpaid debts – BBC News

Posted August 24th, 2020 in bailiffs, charities, coronavirus, council tax, debts, fines, news by sally

‘Bailiffs are resuming operations in England and Wales chasing unpaid council tax after a five-month suspension owing to coronavirus.’

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BBC News, 24th August 2020

Source: www.bbc.co.uk

Eviction ban extended by four weeks – Local Government Lawyer

‘The ban on tenant evictions, which was set to expire on Monday 23rd August, has been extended for a further four weeks until 20th September.’

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Local Government Lawyer, 21st August 2020

Source: www.localgovernmentlawyer.co.uk

Councils warn of “cliff edge” with 500,000 people at risk of eviction once stay on proceedings is lifted – Local Government Lawyer

Posted August 21st, 2020 in coronavirus, debts, housing, landlord & tenant, local government, news, rent, repossession by sally

‘Councils have warned that hundreds of thousands of people could be at risk of eviction when the stay on possession proceedings introduced during the COVID-19 pandemic comes to an end on 23 August.’

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Local Government Lawyer, 21st August 2020

Source: www.localgovernmentlawyer.co.uk

The position on possession – Hardwicke Chambers

‘Andrew Skelly considers the current restrictions on a landlord’s ability to recover possession, and the emergency measures set out in the Coronavirus Act 2020 that will continue to apply after the automatic stay on possession proceedings comes to an end on 23 August 2020.’

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Hardwicke Chambers, 12th August 2020

Source: hardwicke.co.uk

230,000 could lose homes as eviction ban ends in England and Wales – The Guardian

Posted August 19th, 2020 in coronavirus, debts, housing, landlord & tenant, news, rent, repossession, statistics by sally

‘A man whose partner died of coronavirus after they moved into their dream flat is among 230,000 people who face having to leave their homes when the government lifts its ban on evictions in England and Wales this weekend.’

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The Guardian, 19th August 2020

Source: www.theguardian.com

Where to now? End of eviction ban leaves tenants fearing for future – The Guardian

‘Soon landlords will be able to take action against renters again, which many fear could lead to a rise in homelessness.’

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The Guardian, 9th August 2020

Source: www.theguardian.com