‘This article intends to investigate probably well-rehearsed principles implied in bringing actions for personal injury against long-since defunct and even dissolved companies.’
Parklane Plowden Chambers, 10th June 2020
Source: www.parklaneplowden.co.uk
‘Mr Justice Morris dismissed the Defendant’s appeal seeking to overturn Master Rowley’s decision that a Calderbank Offer without a time limit was capable of being accepted two days into a detailed assessment hearing.’
No. 5 Chambers, 8th June 2020
Source: www.no5.com
‘The Landlord and Tenant Act 1985 makes detailed provision for the regulation of residential service charges payable by long leaseholders. In particular, s.20B(1), 1985 Act provides that a tenant is not liable to pay service charges which were incurred more than 18 months before a demand for payment was served on the tenant. That provision does not apply if, within the same 18 month period, the tenant is notified in writing that the costs have been incurred and that he will subsequently be required under the terms of his lease to contribute to them by payment of a service charge (s.20B(2)). In Brent LBC v Shulem B Association Ltd [2011] 1 WLR 3014, the High Court held that the “demand” for the purposes of s.20B(1) had to be a contractually valid demand. That decision was approved – without argument to the contrary – in Skelton v DBS Homes (Kings Hill) Ltd [2017] EWCA Civ 1139.’
Landmark Chambers, 2nd June 2020
Source: www.landmarkchambers.co.uk
‘Despite the government’s general stance on relaxation of lockdown and the recommendations of the Housing, Communities and Local Government Select Committee, the ban on taking active steps in possession claims or seeking to enforce possession orders has been extended until 23 August. This was following advice from the Lord Chancellor and the Civil Procedure Rules Committee.’
St Ives Chambers, June 2020
Source: www.stiveschambers.co.uk
‘The Master of the Rolls, Sir Terence Etherton, has established a cross-sector working group to address concerns about the consequences of the current stay on housing possession claims ending.’
Local Government Lawyer, 5th June 2020
Source: www.localgovernmentlawyer.co.uk
‘The government has extended its ban on evictions in England and Wales by a further two months, prolonging the breathing space for thousands of tenants who have struggled to pay the rent during lockdown.’
The Guardian, 6th June 2020
Source: www.theguardian.com
‘In this recent case, described by the presiding judge HHJ Matthews as “extraordinary [with] a fatal combination of conditions and events”, relief from forfeiture was granted despite the applicant having pleaded guilty to manslaughter with a resulting sentence of over nine years of imprisonment.’
Hardwicke Chambers, 29th May 2020
Source: hardwicke.co.uk
‘The name of this case may seem familiar; perhaps too familiar given the time it usually takes for matters to proceed through our court system. However, you’d be right. This is the third preliminary issue in the matter of Harry Roberts (a minor and a protected party by his mother and litigation friend Mrs Lauren Roberts) v Soldiers, Sailors, Airmen and Families Association (1), Ministry of Defence (2) and Allegemeines Krankenhaus Viersen GMBH (3) [2020] EWHC 994 (QB) to be determined by the High Court and the second in less than twelve months.’
No. 5 Chambers, 18th May 2020
Source: www.no5.com
‘Privacy campaigners are preparing a legal challenge to the NHS’s coronavirus test-and-trace programme as concerns grow about the amount of contact data that will be collected and retained by government.’
The Guardian, 31st May 2020
Source: www.theguardian.com
‘The outbreak of Covid-19 has demonstrated how quickly our established ideas and normalised ways of thinking can be changed. Work that was called ‘low-skilled’ is now recognised as ‘essential’, the nation has hailed nurses as ‘heroes’, and face masks are a part of routine life.’
Each Other, 22nd May 2020
Source: eachother.org.uk
‘The High Court has ruled that a costs settlement offer did not lapse when the detailed assessment had started – and the claimant was entitled to accept it mid-hearing.’
Law Society's Gazette, 26th May 2020
Source: www.lawgazette.co.uk
‘In short, the case concerns three children but the judgement largely deals with the eldest child, B, a 14-year-old boy who was wrongly removed and retained by the mother in Sierra Leone. The younger two children remain in England with the mother. The father applied in wardship for a summary inward return order for B. Ten months ago, the mother took B to Sierra Leone and left him there with her mother (who is highlighted in the case, to be a police officer in Sierra Leone). The father also applied for Child Arrangement Order for contact with the children. The mother then cross-applied for an order permitting her retrospectively relocating B to Sierra Leone until the summer of 2022 to enable him to conclude his GCSEs at a school in Sierra Leone.’
Family Law, 22nd May 2020
Source: www.familylaw.co.uk
‘Hollywood superstar Johnny Depp came up against the nuances of civil procedure rules yesterday after he asked for permission to call extra witnesses to his libel trial.’
Law Society's Gazette, 19th May 2020
Source: www.lawgazette.co.uk
‘Counsel presenting short applications should be “retained in sufficient time” to enable them to advise on the contents of the electronic bundle, the High Court has recommended.’
Litigation Futures, 12th May 2020
Source: www.litigationfutures.com
‘In the challenging and constraining times imposed by the Covid-19 pandemic, it can be difficult to comply with case management directions. Although the parties may agree extensions of time of up to 56 days if they do not imperil a hearing date, applications continue to be necessary where the extension may impact on a court hearing.’
Parklane Plowden Chambers, 28th April 2020
Source: www.parklaneplowden.co.uk
‘Doubling the time limit for launching claims to six months and allowing workers to bring breach of contract claims while still employed are among Law Commission recommendations for employment tribunal (ET) reform.’
Litigation Futures, 30th April 2020
Source: www.litigationfutures.com
‘Employment tribunals should be given powers to make awards of up to £100,000 for breach of contract and to deal with disputes where staff are still in work, the Law Commission has recommended.’
The Guardian, 29th April 2020
Source: www.theguardian.com
‘In these rapidly changing and arguably unsettling times, the government has moved to create legislation to deal with the Covid-19 pandemic.’
Law Society's Gazette, 29th April 2020
Source: www.lawgazette.co.uk
‘A High Court judge has narrowly allowed a case to survive despite a wait of almost three years following the identification of a party. Solicitors for the claimant in Gregory v H J Haynes had applied for the limitation period to be extended after a fruitless search for the defendant’s insurer had taken them past the initial three-year limitation date.’
Law Society's Gazette, 28th April 2020
Source: www.lawgazette.co.uk
‘On 6 April 2020, a few minor changes to the Civil Procedural Rules (“CPR”) came into effect; amongst them, changes to CPR 12.3, which brought a degree of welcome clarity to an area of conflicting case law. Many lawyers would be forgiven for thinking that, if the claimant issued proceedings and properly filed and served the claim form and particulars of claim and the defendant failed to acknowledge service or file a defence within the times stipulated by CPR 10.3 and 15.3, the claimant would be entitled to judgment in default. However, if, in the intervening period between the claimant’s representative requesting default judgment and judgment being entered (which as we all know can too often be substantial), the defendant files a defence, the court no longer has jurisdiction to enter that default judgment and any such judgment entered must be set aside, under CPR 13.2. This article identifies the key decisions on what now appears to be the settled position; and the effect this may have on how claimants’ and defendants’ representatives should approach ‘late’ acknowledgments of services and defences, particularly in light of the unprecedented disruption caused by COVID-19.’
Thomas More Chambers, 24th April 2020
Source: www.thomasmore.co.uk
© Inner Temple Library 2024