Planning, Environment and Property Newsletter – 39 Essex Chambers
Planning, Environment and Property Newsletter (PDF)
39 Essex Chambers, July 2015
Source: www.39essex.com
The Meek Shall Inherit The Earth: Opening the Floodgates in Inheritance Act Actions? – Park Square Barristers
‘The case of Ilott v Mitson has received quite a lot of publicity last week. In brief, a woman who had been estranged from her late mother for 26 years since she was 17 was given an award from her mother’s estate under the Inheritance (Provision for Family and Dependants) Act 1975, despite the fact that her late mother had made it perfectly clear that she did not wish her daughter to get a penny. It sparked some controversy in the press and other media.’
Full story
Park Square Barristers, 4th August 2015
Source: www.parksquarebarristers.co.uk
Liability of magistrates, coroners and quasi-judicial bodies for costs – Park Square Barristers
‘“Litigation is a hazardous and expensive business.”
Thus began the skeleton argument of my opponent in the Paddico case which I refer to below. He was (and remains) a leading counsel with a high reputation in the field of property work and he was, of course, correct.’
Park Square Barristers, 11th August 2015
Source: www.parksquarebarristers.co.uk
“New law” is neither new nor law… – Park Square Barristers
‘In recent weeks Leeds Magistrates Court has found itself in the grip of a media frenzy for the dubious honour of hearing the “first ever prosecution” under the “new Law”’ for so called “middle-lane hogging”.’
Park Square Barristers, 19th August 2015
Source: www.parksquarebarristers.co.uk
After Freifeld, when might a tenant be refused relief from forfeiture? – Tanfield Chambers
‘In Freifeld v West Kensington Court Limited [2015] EWCA Civ 806, long-lessees had deliberately granted a future sub-lease of a commercial unit to a Chinese restaurant in breach of their alienation covenant not to sublet without landlord’s consent. An initial application for relief from forfeiture failed, because the tenants had wilfully breached their alienation covenant, and because there was an extensive history of neglectful management by the tenants of their obligations under the headlease. The judge concluded that the relationship between the tenants and their landlord had become dysfunctional and that it should not be re-imposed on the landlord by the grant of relief to the tenants.’
Full story
Tanfield Chambers, 21st August 2015
Source: www.tanfieldchambers.co.uk
Myles Bradbury: Misconduct notices served on four police officers – BBC News
‘Gross misconduct notices have been served on four police officers in an inquiry into failings to alert local forces to paedophiles such as jailed Cambridge doctor Myles Bradbury.’
BBC News, 4th September 2015
Source: www.bbc.co.uk
Payment Systems Regulator Publishes Guidance on Concurrent Competition Powers – Zenith Chambers
‘On 13 August 2015 the Payment Systems Regulator (PSR) issued guidance on how it will apply its concurrent competition law powers in relation to participation in payment systems.’
Zenith Chambers, 26th September 2015
Source: www.zenithchambers.co.uk
Judge upholds challenge over town green and local authority land – Local Government Lawyer
‘A High Court judge has recently upheld a judicial review challenge by a campaigner over an inspector’s refusal of an application to register land in Exeter as a town green, it has been reported.’
Local Government Lawyer, 4th September 2015
Source: www.localgovernmentlawyer.co.uk
CMA new voluntary redress rules provide a route to compensate victims of competition law infringements – Zenith Chambers
‘The Competition and Markets Authority has finalised its guidance on its new powers to approve voluntary redress schemes with effect from 1 October 2015. It explains the circumstances in which the CMA and the concurrent competition regulators may offer up to a 20% discount in the administrative penalty where businesses who have infringed competition law establish schemes to compensate their victims.’
Zenith Chambers, 18th August 2015
Source: www.zenithchambers.co.uk
Joint ownership and landlords: who serves notice? – Tanfield Chambers
‘Joint tenancy has been the only means of ownership of property at law since the Law of Property Act 1925 relegated tenancy in common to equitable ownership only. Despite the 90 years which have elapsed, joint ownership as it impacts on day to day management of residential leasehold property is not always understood. It is not uncommon, on an enfranchisement of a terraced house converted into two flats, for the freehold to be acquired by the two lessees jointly. What then? Must both decide on service charge expenditure together? What happens if one of the two refuses to join in, can the other sue? What if one of the two breaches their lease as leaseholder? These are issues which have often arisen in cases I have dealt with. The answers lie in an analysis of the trust law implications of joint ownership.’
Tanfield Chambers, 18th August 2015
Source: www.tanfieldchambers.co.uk
Owners of dog which barked 43 times a minute fined – Daily Telegraph
‘The owners of a dog which barked 43 times a minute for 20 minutes have been fined.’
Daily Telegraph, 3rd September 2015
Source: www.telegraph.co.uk
Blindly Fumbling for Consent: PECR and Optical Express – Panopticon
‘PECR, long the runt of the information law litter, is beginning to take on a life of its own and, just as importantly, the ICO is beginning to really target spam texters and cold-callers. Recent changes to the enforcement provisions of PECR only assist in this task.’
Panopticon, 3rd September 2015
Source: www.panopticonblog.com
Right to Rent – just how bad is it? – Nearly Legal
‘We though it would be bad. And thanks to the JCWI, we can now have an evidence based stab at an answer. JCWI co-ordinated an evaluation of the West Midlands pilot of ‘Right to Rent’ and have published the report.’
Nearly Legal, 3rd September 2015
Source: www.nearlylegal.co.uk
Exams, ethics and roleplay: government reveals more details of solicitor apprenticeship route – The Lawyer
‘The government has published the new assessment plans and standards for its ‘Trailblazer’ legal apprenticeships for qualification as a legal executive, paralegal or solicitor, with oral and written tests sitting alongside workplace assessment.’
The Lawyer, 3rd September 2015
Source: www.thelawyer.com
Competition watchdog postpones publication of banking inquiry – The Guardian
‘The Competition and Markets Authority has backtracked on its pledge to publish the provisional findings of its investigation into the banking sector this month.’
Full story
The Guardian, 3rd September 2015
Source: www.guardian.co.uk
Tony Blair loses challenge against Daily Mail story – The Guardian
‘The Independent Press Standards Organisation has rejected a complaint from Tony Blair seeking a retraction of a Daily Mail article that accused him of trying to “wriggle out” of an investigation by a committee of MPs.’
The Guardian, 3rd September 2015
Source: www.guardian.co.uk
High Court expedites hearing of contract dispute between Cornwall and BT – Local Government Lawyer
The High Court will in December hold an expedited hearing of a dispute between Cornwall Council and BT over whether the local authority was entitled to terminate a major contract for material breach.
Local Government Lawyer, 2nd September 2015
Source: www.localgovernmentlawyer.co.uk
Husband wins divorce fight over £20m car collection – The Guardian
‘A solicitor representing a man who won a high court battle with his estranged wife over the ownership of a £20m classic car collection has praised the judge’s ruling.’
The Guardian, 2nd September 2015
Source: www.guardian.co.uk
Call for open discussion of gene-editing in treatment of human embryos – Technology Law Update
The rapid development of the powerful new CRISPR-Cas9 gene-editing technology raises as many questions as it answers. Now a group of leading research organisations has thrown open the discussion to public debate. Is it now time, they ask, to the use these techniques to treat patients by altering the genes of reproductive cells and embryos to tackle genetic disease?
Full story
Technology Law Update, 2nd September 2015
Source: www.technology-law-blog.co.uk
