‘In this post, Max Eshraghi, an associate working within the insurance team at CMS, comments on the decision handed down by the UK Supreme Court in the matter of Matthew and others v Sedman and others [2021] UKSC 19, which concerns the application of limitation timebar.’
UKSC Blog, 4th August 2021
Source: ukscblog.com
‘This is the Court of Appeal judgment on an appeal from the Upper Tribunal (Lands Chamber) appeal. It is of huge significance for Rent Repayment Order applications where the tenants’ immediate landlord is an intermediate landlord (like all rent to rent set ups) or where there are so many and various companies involved that it is hard to work out who the immediate landlord actually is.’
Nearly Legal, 29th July 2021
Source: nearlylegal.co.uk
‘The Supreme Court has unanimously dismissed this appeal concerning two questions of law: (i) whether a change in the wording of equality legislation has altered the burden of proof in employment discrimination cases and (ii) when a tribunal may draw adverse inferences from the absence of a potential witness.’
UKSC Blog, 23rd July 2021
Source: ukscblog.com
‘What is reasonable diligence when a company has entered an insolvency process and has abandoned its trading functions?’
Gatehouse Chambers, 22nd July 2021
Source: gatehouselaw.co.uk
‘In this post, Angus Maudslay, an associate in the litigation and arbitration team at CMS, comments on the decision of the UK Supreme Court in the matter of R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council [2021] UKSC 18, which concerns whether section 61N of the Town and Country Planning Act 1990 should be interpreted to mean that an application for judicial review was made out of time.’
UKSC Blog, 21st July 2021
Source: ukscblog.com
‘In Burnell v Trans-Tag Ltd & Anor [2021] EWHC 1457 (Ch) Mr Greenbank (sitting as a Deputy Judge of the High Court) was asked to determine whether, and if so to what extent, a director’s fiduciary duties survive the termination of the directorship. The essential part of the judgment on this point is at paragraph 391 to 410. The Defendants in this case were represented by Richard Leiper QC and Charlotte Davies, instructed by Clyde & Co LLP.’
Littleton Chambers, 24th June 2021
Source: littletonchambers.com
‘John Clargo discusses the recent Supreme Court decision in Rittson-Thomas & Ors v Oxfordshire County Council [2021] UKSC 13 and its implications for “statutory reverters” under section 2 of the School Sites Act 1841.’
Hardwicke Chambers, 1st July 2021
Source: hardwicke.co.uk
‘Gerald Gouriet QC looks at the issues that arise with the late renewal of taxi drivers’ licences.’
Local Government Lawyer, 25th June 2021
Source: www.localgovernmentlawyer.co.uk
‘Commercial landlords and tenants are not required to specify the actual date of grant of the lease when “contracting out” of the security of tenure provisions in the 1954 Landlord and Tenant Act (1954 Act), the Court of Appeal has confirmed.’
OUT-LAW.com, 3rd June 2021
Source: www.pinsentmasons.com
‘The High Court recently delivered its judgment in the case of Hertfordshire County Council v Secretary of State for Housing, Communities and Local Government, finding that remote meetings of local councils could not continue after 7 May 2021. This article looks at the decision and considers its impact for future local democracy.’
UK Constitutional Law Association, 2nd June 2021
Source: ukconstitutionallaw.org
‘Local authorities could be in line for hundreds of millions of pounds in business rates following last week’s landmark Supreme Court ruling, the solicitor who acted for the appellant councils has claimed.’
Local Government Lawyer, 17th May 2021
Source: www.localgovernmentlawyer.co.uk
‘The Supreme Court has unanimously dismissed this appeal concerning issues surrounding the Taxes Management Act 1970.’
UKSC Blog, 14th May 2021
Source: ukscblog.com
‘The Supreme Court has unanimously dismissed this appeal concerning the interpretation of section 61N of the Town and Country Planning Act 1990.’
UKSC Blog, 14th May 2021
Source: ukscblog.com
‘The Supreme Court has allowed Oxfordshire County Council’s appeal in a case in which a family said the sale of school land worth £1.2m, which was gifted to the council by their late family member, was unlawful.’
Local Government Lawyer, 23rd April 2021
Source: www.localgovernmentlawyer.co.uk
‘The operation of the Human Rights Act 1998 (the “HRA”) is currently being reviewed by the Government’s Independent Human Rights Act Review (the “Review”). One of the Review’s key themes is “the impact of the HRA on the relationship between the judiciary, the executive and the legislature”. In respect of this theme, the Terms of Reference ask how s.3 has operated and whether it should be amended or repealed.’
UK Constitutional Law Association, 24th March 2021
Source: ukconstitutionallaw.org
‘Agreements with third-party litigation funders are not damages-based agreements (DBAs), three Court of Appeal judges – albeit sitting in the Divisional Court – have decided.’
Litigation Futures, 8th March 2021
Source: www.litigationfutures.com
‘On 19 February 2021 the Supreme Court delivered its judgment in the long running dispute between Uber and its drivers.’
Parklane Plowden Chambers, 26th February 2021
Source: www.parklaneplowden.co.uk
‘The Court of Appeal has upheld the High Court’s decision in the case of The Open Spaces Society v Secretary of State for the Environment, Food and Rural Affairs [2020] EWHC 1085 Admin (05 May 2020) as to the correct criteria to be applied when considering applications to divert a footpath, bridleway or restricted byway under section 119 of the Highways Act 1980. The judgment confirms that in carrying out the test of expediency under section 119(6) of the Act, the decision making is not confined to determining the matter solely on the basis of the criteria under section 119(6)(a),(b), and (c). Provided that those criteria are specifically considered, then the decision maker can take account of a broad range of matters in reaching a conclusion, even if those matters have already been considered under other requirements of section 119 of the Act.’
Pallant Chambers, 26th February 2021
Source: www.pallantchambers.co.uk
‘The Supreme Court will next week consider whether section 61N of the Town and Country Planning Act 1990, which deals with legal challenges to neighbourhood development orders, should be interpreted to mean that the appellant’s application for judicial review was made out of time.’
Local Government Lawyer, 2nd March 2021
Source: www.localgovernmentlawyer.co.uk
‘Master Dagnall gave judgment in the case of Corp of Trinity House of Deptford Strond v (1) Dequincy Prescott (2) Clodagh Byrne on 11 February 2021 [2021] EWHC 283 (QB) which considered several issues regarding the pandemic and possession proceedings which are worthy of note as the stay on evictions has again been extended.’
St Ives Chambers, February 2021
Source: www.stiveschambers.co.uk
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