Duval v 11-13 Randolph Crescent Ltd and the contingent obligation principle; or ‘What do promises to marry have to do with leasehold covenants?’ – Hardwicke Chambers

Posted December 12th, 2018 in covenants, landlord & tenant, leases, news by sally

‘In Duval v 11-13 Randolph Crescent Ltd [2018] EWCA Civ 2298 the Court of Appeal applied what might be called ‘the contingent obligation principle’ to solve a problem that had arisen between the landlord (11-13 Randolph Crescent Ltd) of two houses that had been converted into 18 flats and two of the lessees, Dr Julia Duval of flats 11G and 11H, and Mrs Winfield of Flat 13.’

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Hardwicke Chambers, 29th November 2018

Source: hardwicke.co.uk

The Disclosure Pilot: time to get ready – Hardwicke Chambers

Posted December 12th, 2018 in civil procedure rules, disclosure, news, pilot schemes by sally

‘Parties using the Business and Properties Courts need to familiarise themselves with a new Disclosure Pilot Scheme that is set to commence operation on 1 January 2019. In this article, co-authors of Electronic Disclosure: law and Practice (OUP, 2017) Michael Wheater and Charles Raffin run through an overview of the Pilot Scheme and flag some practical steps that parties and advisors can take to best prepare themselves for the enhanced disclosure related duties, and requirements, found under the Scheme.’

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Hardwicke Chamebrs, 30th November 2018

Source: hardwicke.co.uk

Kenneth Armstrong: The Advent of Brexit – Can It Be Paused? – UK Constitutional Law Association

Posted December 12th, 2018 in brexit, constitutional law, EC law, news, notification, time limits, treaties by sally

‘As each day passes, a new window seems to be thrown open exposing a fresh legal issues to be solved as the UK continues its journey towards its withdrawal from the European Union. It’s like an advent calendar for lawyers.’

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UK Constitutional Law Association, 12th December 2018

Source: ukconstitutionallaw.org

Thea Osmund-Smith successful in High Court – No. 5 Chambers

Posted December 12th, 2018 in assets of community value, housing, local government, news, planning by sally

‘Judgment was recently handed down in West Oxfordshire District Council v (1) Secretary of State for Housing Communites and Local Government (2) Rosconn Strategic Land Limited [2018] EWHC 3065 (Admin).’

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No. 5 Chambers, 6th December 2018

Source: www.no5.com

James Green: High Court makes finding of serious irregularity in Rule K Arbitration – Littleton Chambers

Posted December 12th, 2018 in arbitration, contracts, employment, interpretation, news, sport by sally

‘The High Court last week handed down its judgment in Fleetwood Wanderers Limited v AFC Fylde Limited [2018] EWHC 3318 (Comm), holding that a Rule K Arbitration Award was marred by serious irregularity. The successful Claimant was represented by Paul Gilroy QC.’

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Littleton Chambers, 5th December 2018

Source: www.littletonchambers.com

Disclosure Is Essential To A Fair Trial. We Must Get It Right – Rights Info

Posted December 12th, 2018 in Crown Prosecution Service, disclosure, human rights, news, police by sally

‘Barrister Stefan Hyman outlines why the duty of disclosure is integral to our criminal justice system and vital to a fair trial, a fundamental human right.’

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Rights Info, 12th December 2018

Source: rightsinfo.org

Farakh Rashid v Teyub Nasrullah: adverse possession of registered land – New Square Chambers

Posted December 12th, 2018 in adverse possession, land registration, news by sally

‘The Court of Appeal decision in Rashid v Nasrullah is an important one in relation to adverse
possession of registered land in two respects. The Court held, declining to follow its previous
decision in Parshall v Bryans [2013] EWCA Civ 240, that a registered proprietor can be in
adverse possession of registered land. It also held that, where registered land is transferred by
a forged transfer to a fraudster who is registered as proprietor, the effect of s.69 of the Land
Registration Act 1925 was that, although the fraudster acquired the legal estate he held it on
trust for the real owner.’

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New Square Chambers, 6th December 2018

Source: www.newsquarechambers.co.uk

John Bowers QC on Employment Law: November Blog – Littleton Chambers

‘This month I look at a recent case on foster carers and working time, the ethos of religion defence in the Equality Act 2010 and the Supreme Court case of O’Connor v Bar Standards Board.’

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Littleton Chambers, 29th November 2018

Source: www.littletonchambers.com

Every dog in a manger has its day: landlord’s obligation to enforce tenants’ covenants at the request of other tenants – Hardwicke Chambers

Posted December 12th, 2018 in covenants, landlord & tenant, news by sally

‘The Court of Appeal’s decision in Duval v 11–13 Randolph Crescent Ltd [2018] EWCA Civ 2298 is a wake-up call to landlords to be alive to their, often overlooked, obligations to enforce tenants’ covenants at the behest of other tenants.’

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Hardwicke Chambers, 29th November 2018

Source: hardwicke.co.uk

Susan Atkins: ‘We must take the threat to women in public life seriously’ – The Guardian

Posted December 12th, 2018 in news, sex discrimination, women by sally

‘On the republication of 1984’s Woman and the Law, the co-author says the legal system remains ‘male-centric’.’

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The Guardian, 12th December 2018

Source: www.theguardian.com

Disclaiming Disclaimer – Hardwicke Chambers

Posted December 12th, 2018 in abuse of process, bona vacantia, Crown, leases, news by sally

‘When a company is dissolved, all its property and rights (including leasehold property) are deemed to be bona vacantia and accordingly belong to the Crown. Pursuant to s.1013 of the Companies Act 2006, where property so vests in the Crown, the Crown’s title to it may be disclaimed by a notice signed by the Crown representative. By s.1017 of the Act, the court may make an order vesting disclaimed property in a person with an interest in it.’

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Hardwicke Chambers, 11th December 2018

Source: hardwicke.co.uk

Supreme Court to rule next week in case on rates and service of completion notice – Local Government Lawyer

Posted December 12th, 2018 in news, notification, rates, service, Supreme Court by sally

‘The Supreme Court will next week (17 December) hand down its ruling in a case on the service of a completion notice by a billing authority.’

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Local Government Lawyer, 12th December 2018

Source: www.localgovernmentlawyer.co.uk

Lucy Bone on Privilege in Internal Investigations- Littleton Chambers

Posted December 12th, 2018 in fraud, news, privilege, subsidiary companies, whistleblowers by sally

‘Internal investigations are increasingly being conducted by companies not only on regulatory grounds but also in response to employment issues such as whistleblowing and discrimination allegations. In SFO v ENRC [2018] EWCA Civ 2006, the Court of Appeal has significantly widened the scope of legal professional privilege in the context of an internal company investigation. It will now be easier for the employer to assert privilege over employees’ witness statements and other documents generated in an investigation.’

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Littleton Chambers, 26th November 2018

Source: www.littletonchambers.com

General Mediterranean Holding SA SPF v Qucomhaps Holdings Ltd [2018] EWCA Civ 2416 – Hardwicke Chambers

Posted December 12th, 2018 in contracts, guarantees, news, surety by sally

‘GMH provided loans to Qucomhaps of around $4,000,000 to assist it in purchasing the business of the aircraft manufacturer, Moravan. Repayment was secured by a personal guarantee from Mr Harkin, Qucomhaps’ managing director. Further GMH was granted fixed and floating charges over the assets of Moravan Aviation, a wholly owned subsidiary of Qucomhap which had acquired the assets of Moravan.’

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Hardwicke Chambers, 28th November 2018

Source: hardwicke.co.uk

“Being a good sport”. Supreme Court decision – Henderson Chambers

Posted December 12th, 2018 in easements, holidays, news, sport by sally

‘“Being a good sport”: the Supreme Court considers for the first time the extent to which the right to the use of sporting facilities may be conferred by way of easement. (Regency Villas Title Ltd & Ors v Diamond Resorts (Europe) Ltd & Ors [2018] UKSC 57)’

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Henderson Chambers, 15th November 2018

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Grove Developments Limited v S&T (UK) Limited [2018] EWCA Civ 2448 – Hardwicke Chambers

Posted December 12th, 2018 in building law, contracts, damages, dispute resolution, enforcement, news by sally

‘The Court of Appeal has recently upheld Coulson J’s judgment in Grove Developments Limited v S&T (UK) Limited [2018] EWCA Civ 2448, confirming that an employer is entitled to refer to adjudication a dispute over the true value of a contractor’s interim payment application despite failing to serve a valid pay less notice. However, the Court also stressed that this entitlement to adjudication could only be exercised after the employer paid the sum due in the interim payment application.’

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Hardwicke Chambers, 15th November 2018

Source: hardwicke.co.uk

CPS ‘bizarrely’ opted for conviction over deferred prosecution in bribery case – Law Society’s Gazette

Posted December 12th, 2018 in bribery, Crown Prosecution Service, deferred prosecution agreements, news by sally

‘The lawyer who represented the defendant in what became the first conviction for ‘failure to prevent bribery’ has said it is ‘unfortunate’ that a deferred prosecution agreement (DPA) was not offered and that a larger company may have been given more preferential treatment.’

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Law Society's Gazette, 11th December 2018

Source: www.lawgazette.co.uk

The rule against reflective loss – Henderson Chambers

Posted December 12th, 2018 in company directors, news, shareholders, winding up by sally

‘Imagine a company has been dishonestly asset-stripped by one of its directors. The assets have gone into his own pocket. The company is wound up. The shareholders and creditors have little hope of recovering much from it. The obvious next step is to pursue the director. But the shareholders cannot recover the loss in value of their shareholding against him; that claim is barred by the rule against reflective loss. Is a claim by an unsecured creditor who is not a shareholder similarly barred? In Garcia v Marex Financial Limited [2018] EWCA Civ 1468, the Court of Appeal held that it was.’

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Henderson Chambers, 6th December 2018

Source: www.hendersonchambers.co.uk

Home Office invites Zimbabwean officials to interrogate asylum seekers who have fled political persecution – The Independent

Posted December 12th, 2018 in asylum, news, Zimbabwe by sally

‘The Home Office has been inviting Zimbabwean government representatives to interview asylum seekers who have fled political persecution in the country, in what has been branded a “corrupt” exercise.’

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The Independent, 12th December 2018

Source: www.independent.co.uk

Think of the Children! – Minors and reasonable financial provision – Hardwicke Chambers

Posted December 12th, 2018 in children, financial provision, news, wills by sally

‘On 27 July 2018, the High Court handed down judgment in the case of Ubbi v Ubbi [2018] EWHC 1396 (Ch). The judgment explored reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 in the context of minor children and serves as a necessary reminder to all to update your will.’

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Hardwicke Chambers, 14th November 2018

Source: hardwicke.co.uk