Doors, fixtures and demises – Nearly Legal

Posted July 13th, 2021 in covenants, leases, news by sally

‘Marlborough Knightsbridge Management Ltd v Fivaz (2021) EWCA Civ 989. In which the Court of Appeal grapple with whether a front entrance door to a leasehold flat is a “landlord’s fixture” or something else. This was the landlord’s second appeal from the Upper Tribunal decision we noted here, where the UT had found that the door was part of the demise under the lease, not a landlord’s fixture. The overall issue was that the leaseholder, Mr Fivaz, had replaced the front door to his flats. The landlord contended that this was a breach of lease under a covenant.’

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Nearly Legal, 8th July 2021

Source: nearlylegal.co.uk

UK court backs rights holder in ‘essential’ patent dispute – OUT-LAW.com

Posted July 13th, 2021 in estoppel, news, patents, telecommunications by sally

‘The High Court in London has decided in favour of Optis Cellular Technology in a dispute over the validity of one of its telecommunications network patents and one that was said to be essential to the long-term evolution (LTE) network standard.’

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OUT-LAW.com, 12th July 2021

Source: www.pinsentmasons.com

TCC stays expert determination proceedings – Practical Law: Construction Blog

‘It has been quite some time since I have blogged about expert determination. In fact, the last time was six years ago when I wrote about the Court of Appeal’s judgment in Begum v Hossain, which concerned the valuation of shares in an Indian restaurant. That was before the term “Brexit” had been coined and most of us were happily oblivious to the meaning of the word “furlough”. Therefore, Jefford J’s recent judgment in Maypole Dock v Catalyst Housing Ltd, which concerned an interim injunction to restrain the pursuit of an expert determination, caught my eye.’

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Practical Law: Construction Blog, 6th July 2021

Source: constructionblog.practicallaw.com

Secondary Victims: Still Second-Class Claimants? – Ropewalk Clinical Negligence Blog

‘In King v Royal United Hospitals Bath NHS Foundation Trust [2021] EWHC 1576 (QB), the High Court once again demonstrated the difficulties faced by Claimants who suffer psychiatric conditions as a result of witnessing loved ones (in this case, a new-born baby) die in hospital.’

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Ropewalk Clinical Negligence Blog, 12th July 2021

Source: www.ropewalk.co.uk

Master of the rolls gives green light to mandatory ADR – Law Society’s Gazette

Posted July 13th, 2021 in civil justice, dispute resolution, human rights, news, reports by sally

‘Mandatory (alternative) dispute resolution is lawful and should be encouraged, according to the Civil Justice Council’s report on compulsory alternative dispute resolution.’

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Law Society's Gazette, 12th July 2021

Source: www.lawgazette.co.uk

Appeal judges back higher costs where claimant has died – Law Society’s Gazette

‘The Court of Appeal has found in favour of claimants with a ruling that the more lucrative costs regime should apply where someone dies before their case concludes.’

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Law Society's Gazette, 12th July 2021

Source: www.lawgazette.co.uk

Crime victims ‘hesitant’ to report them over court delays – BBC News

Posted July 13th, 2021 in crime, criminal justice, delay, news, victims by sally

‘A victim of crime says some people are put off reporting incidents because of delays in getting justice. More than 57,000 trials are yet to be heard in crown courts across England and Wales due to a backlog made worse by the coronavirus pandemic.’

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BBC News, 13th July 2021

Source: www.bbc.co.uk

The Base: UK to ban US-based white supremacist group as terrorist organisation – The Independent

Posted July 13th, 2021 in news, proscribed organisations, racism, terrorism by sally

‘The British government is to ban US-based white supremacist group The Base as a terrorist organisation.’

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The Independent, 12th July 2021

Source: www.independent.co.uk

Migrant rough sleeper facing eviction from London accommodation – The Guardian

Posted July 13th, 2021 in homelessness, hotels, housing, immigration, local government, news by sally

‘A migrant rough sleeper is facing eviction from emergency hotel accommodation by a London council because he refuses to return to his home country.’

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The Guardian, 12th July 2021

Source: www.theguardian.com

“Extraordinary things are happening” outside of traditional law firms – Legal Futures

‘Professor Richard Susskind’s claim that the current model of alternative legal services providers has not delivered and needs to be rethought is premature, the boss of Radiant Law has argued.’

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Legal Futures, 12th July 2021

Source: www.legalfutures.co.uk

Knife Crime Prevention Orders begin in London – Home Office

‘Court orders preventing young people from carrying knives and becoming embroiled in serious violence are now being piloted in London, Home Secretary Priti Patel has announced.’

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Home Office, 7th July 2021

Source: www.gov.uk

A de-facto problem – Family Law

Posted July 12th, 2021 in cohabitation, families, financial dispute resolution, marriage, news by sally

‘Should cohabiting couples be permitted to bring more comprehensive financial applications to court upon separation? This longstanding discussion amongst family lawyers in England continues and will continue afresh in the wake of the recent House of Commons Briefing Paper “Common law marriage” and Cohabitation published on 4 May 2021.’

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Family Law, 8th July 2021

Source: www.familylaw.co.uk

CPS publishes updated guidance for handling of illegal entry cases via small boats – Crown Prosecution Service

‘Prosecutors and law enforcement agencies have agreed a consistent approach to the handling of cases involving illegal entry to the UK via small boats and lorries.’

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Crown Prosecution Service, 8th July 2021

Source: www.cps.gov.uk

CGT and Divorce – changes ahead? – Family Law Week

Posted July 12th, 2021 in divorce, families, financial dispute resolution, news, taxation by sally

‘Jo Carr-West and Lara Barton, partners at Hunters Law LLP, explain recent recommendations that would assist divorcing couples in minimising and managing the CGT implications of separating their financial affairs.’

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Family Law Week, 10th July 2021

Source: www.familylawweek.co.uk

Murder cases reopened in wake of Sally Challen appeal – The Guardian

‘A number of murder cases are being re-examined to investigate possible unsafe convictions where coercive and controlling behaviour may not have been available as a defence, the Observer can reveal.’

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The Guardian, 10th July 2021

Source: www.theguardian.com

Dalian Atkinson: PC Benjamin Monk sacked by police – BBC News

‘A police officer jailed for killing former footballer Dalian Atkinson has been sacked having “undermined public confidence” in policing.’

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BBC News, 10th July 2021

Source: www.bbc.co.uk

Richard Okorogheye: Police staff served with misconduct notices over teen’s disappearance – The Independent

‘Two Metropolitan Police staff members may have failed to pass on information in relation to the disappearance of Richard Okorogheye and have been served with misconduct notices as a result, the Independent Office for Police Conduct (IOPC) has announced.’

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The Independent, 10th July 2021

Source: www.independent.co.uk

Peterborough voyeur masseur secretly filmed 900 women – BBC News

Posted July 12th, 2021 in imprisonment, news, sentencing, sexual offences, video recordings, voyeurism by sally

‘A masseur who secretly filmed more than 900 women as they got undressed has been jailed for four years.’

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BBC News, 10th July 2021

Source: www.bbc.co.uk

Home Office forced to pay out £9.3m in compensation for over 300 cases of unlawful detention last year – The Independent

‘The Home Office was forced to pay out a record in compensation for wrongful detention under immigration powers last year.’

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The Independent, 10th July 2021

Source: www.independent.co.uk

Home Office ‘acting unlawfully’ in rush to deport asylum seekers – The Guardian

‘Hundreds of people arriving in England in small boats are being immediately detained in immigration removal centres, raising fears of a new, secret Home Office policy to deport them without their asylum claims being properly considered.’

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The Guardian, 11th July 2021

Source: www.theguardian.com