Take notice of these decisions – Gatehouse Chambers

Posted January 13th, 2025 in appeals, chambers articles, housing, landlord & tenant, news, notification, rent, Supreme Court by sally

‘The Supreme Court decision in A1 Properties (Sunderland) Ltd v Tudor Studios RTM Co Ltd [2024] UKSC 27 may be one of the most significant property law decisions of this year. In summary, the Supreme Court held that the failure to serve a claim notice on an intermediate landlord of communal areas did not invalidate an RTM claim in circumstances where that party could still present its arguments opposing the right to manage.’

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Gatehouse Chambers, 6th December 2024

Source: gatehouselaw.co.uk

Secretary can sue over mouldy cheese claim – judge – BBC News

Posted January 13th, 2025 in compensation, complaints, disciplinary procedures, employment, employment tribunals, food, health & safety, news, unfair dismissal, whistleblowers by sally

‘A former secretary can take legal action over her claims she was penalised for complaining about being served mouldy cheese.’

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BBC News, 12th January 2025

Source: www.bbc.co.uk

Government announces reprieve for archive of historic wills – Law Society’s Gazette

Posted January 13th, 2025 in archives, consultations, Ministry of Justice, news, wills by sally

‘Controversial proposals to replace archived will documents with digital copies in order to save storage costs have been dropped, the Ministry of Justice has announced. In a move that will be welcomed by historians, a minister said the ‘indispensable bridge’ to the past would be preserved.’

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Law Society's Gazette, 10th January 2025

Source: www.lawgazette.co.uk

Mental Health Bill – Joint Committee on Human Rights call for evidence – Mental Capacity Law and Policy

Posted January 13th, 2025 in autism, bills, deprivation of liberty safeguards, detention, disabled persons, human rights, learning difficulties, mental health, news, select committees by sally

‘The Joint Committee on Human Rights is undertaking scrutiny of the Mental Health Bill to assess its compatibility with international and domestic human rights standards. The Committee has a call for evidence closing on 24 January 2025.’

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Mental Capacity Law and Policy, 12th January 2025

Source: www.mentalcapacitylawandpolicy.org.uk

Most violent or sexual offences went unsolved in crime hotspots in England and Wales last year – The Guardian

Posted January 13th, 2025 in criminal justice, news, police, sexual offences, victims, violence by sally

‘Victims are being “let down time and time again” by police, a minister has said, as almost every violent or sexual offence went unsolved in hundreds of crime hotspots last year.’

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The Guardian, 13th January 2025

Source: www.theguardian.com

Man given suspended jail term over fatal punch – BBC News

Posted January 13th, 2025 in community service, homicide, imprisonment, murder, news, sentencing, suspended sentences by sally

‘A man who punched and killed a man after watching a Euro 2024 England football match has been given a suspended prison term.’

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BBC News, 10th January 2025

Source: www.bbc.co.uk

High Court dismisses claim against council over hard drive containing password to £600m bitcoin wallet dumped at landfill site – Local Government Lawyer

Posted January 13th, 2025 in cryptocurrencies, local government, news, waste by sally

‘The High Court has dismissed a claim against Newport City Council concerning the ownership of a hard drive containing the password to a Bitcoin wallet worth more than £600m that was said to have been left in error at a landfill site, after finding “no reasonable grounds for bringing the case”.’

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Local Government Lawyer, 10th January 2025

Source: www.localgovernmentlawyer.co.uk

Coroner issues warning about antidepressants after suicide of royal’s husband – The Guardian

Posted January 13th, 2025 in coroners, inquests, media, mental health, news, royal family, suicide by sally

‘A coroner has issued a warning about the effects of antidepressants prescribed by a Buckingham Palace doctor to the son-in-law of Prince and Princess Michael of Kent before his suicide.’

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The Guardian, 10th January 2024

Source: www.theguardian.com

Transparency board calls for judicial review hearings to be broadcast – Local Government Lawyer

Posted January 13th, 2025 in Administrative Court, judicial review, local government, media, Ministry of Justice, news, reporting restrictions by sally

‘The Transparency and Open Justice Board has recommended that Administrative Court hearings should be broadcast in an effort to boost open justice.’

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Local Government Lawyer, 10th January 2025

Source: www.localgovernmentlawyer.co.uk

Switaj -v- McClenaghan [2024] EWCA Civ 1457 – Gatehouse Chambers

Posted January 10th, 2025 in appeals, chambers articles, fees, housing, landlord & tenant, news, repossession by sally

‘The Court of Appeal recently considered whether or not fees which were paid by a tenant before the enactment of the Tenant Fees Act 2019 (“TFA”) could preclude a landlord from recovering possession under s.21 of the Housing Act 1988.’

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Gatehouse Chambers, 6th December 2024

Source: gatehouselaw.co.uk

Summary judgment – entire agreement and estoppel arguments in shareholder dispute – Littleton Chambers

Posted January 10th, 2025 in chambers articles, estoppel, law firms, news, shareholders, solicitors by sally

‘The High Court yesterday handed down judgment in JMW Solicitors LLP & Others v Injury Lawyers 4U & Others [2024] EWHC 3103 (Ch), a reverse summary judgment application on a shareholder dispute.’

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Littleton Chambers, 5th December 2024

Source: littletonchambers.com

A review on causation in the Coroner’s Court – St John’s Chambers

Posted January 10th, 2025 in causation, chambers articles, coroners, inquests, media, news, suicide by sally

‘At the recent inquest touching the death of Steve Dymond, HM Area Coroner Jason Pegg concluded there was no clear and reliable causal connection between Mr Dymond’s unfortunate death and his recent appearance on the ITV Jeremy Kyle Show. It was concluded that whilst “possible” the experience added to his distress it was not “probable”, reiterating the often-nuanced complexities of causation in the Coroner’s court.’

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St John's Chambers, 2nd December 2024

Source: www.stjohnschambers.co.uk

Family Court reporting provisions to extend to all family courts in England and Wales – Local Government Lawyer

Posted January 10th, 2025 in anonymity, children, families, family courts, local government, media, news, pilot schemes, reporting restrictions by sally

‘The Family Court reporting pilot is to be rolled out nationally from Monday 27 January through changes to the Family Procedure Rules.’

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Local Government Lawyer, 9th January 2025

Source: www.localgovernmentlawyer.co.uk

Commercial Court claims fall to lowest number in decade – Legal Futures

Posted January 10th, 2025 in appeals, Commercial Court, news, statistics, Supreme Court by sally

‘The number of new claims issued in the Commercial Court last year fell to the lowest figure in over a decade, new research has revealed.’

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Legal Futures, 10th January 2024

Source: www.legalfutures.co.uk

Judge halts attempt to retrieve £600m bitcoin wallet from Welsh dump – The Guardian

Posted January 10th, 2025 in cryptocurrencies, local government, news, Wales, waste by sally

‘A computer expert’s decade-long battle to recover a £600m bitcoin fortune he says has been lost in a council dump has been halted by a judge.’

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The Guardian, 9th January 2025

Source: www.theguardian.com

The 20 child abuse inquiry proposals – what has happened so far? – BBC News

Posted January 10th, 2025 in child abuse, children, compensation, government departments, inquiries, internet, news, sexual offences, victims by sally

‘In October 2022, child protection expert Prof Alexis Jay finished a seven-year inquiry into the countless ways children had been sexually abused in England and Wales.’

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BBC News, 9th January 2025

Source: www.bbc.co.uk

Section 84(1) of the Law of Property Act 1925: Jurisdiction and Discretion: Millgate Developments Ltd v Alexander Devine Children’s Cancer Trust – Tanfield Chambers

Posted January 9th, 2025 in building law, chambers articles, jurisdiction, news, tribunals by sally

‘Edward Denehan, a barrister at Tanfield Chambers, discusses the Supreme Court’s ruling in Millgate Developments Ltd v Alexander Devine Children’s Cancer Trust, which clarified the distinction between jurisdictional and discretionary power within the Tribunal’s decision-making process under section 84 of the Law of Property Act 1925.’

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Tanfield Chambers, 2nd December 2024

Source: tanfieldchambers.co.uk

No Ifs, No Butts: Evaluating Evidence for Unconditional Loans Versus Investments in Butt v Butt & Ors [2024] EWHC 3222 (Ch) – Tanfield Chambers

Posted January 9th, 2025 in chambers articles, families, loans, news, shareholders, trusts by sally

‘After 5 days of evidence and submissions, the Court has handed down judgment in the case of Butt v Butt & Ors [2024] EWHC 3222 (Ch). The case concerned a business centre in Nottingham (the “Centre”) and the beneficial ownership of M&B Properties (Nottingham) Ltd, an SPV which had purchased the Centre.’

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Tanfield Chambers, 13th December 2024

Source: tanfieldchambers.co.uk

Supreme Court case update: the Vendor-Purchaser Constructive Trust and Frenkel v LA Micro Group (UK) Ltd – St John’s Chambers

Posted January 9th, 2025 in chambers articles, constructive trusts, news, Supreme Court by sally

‘Jack Pankhurst of our Commercial team provides a case summary of the Supreme Court judgment in Frenkel v LA Micro Group (UK) Ltd and others [2024] UKSC 42, which was handed down on 11 December 2024.’

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St John's Chambers, 18th December 2024

Source: www.stjohnschambers.co.uk

Marcus v Marcus: can a non-biological child be ‘a child of the settlor’? – Wilberforce Chambers

Posted January 9th, 2025 in children, families, interpretation, news, trusts by sally

‘In the recent judgment of Marcus v Marcus [2024] EWHC 2086, Master Marsh found that the words “the children and remoter issue of the Settlor” in a settlement meant the two adult sons of the settlor, even though (unbeknownst to the settlor during his lifetime) one of his sons was not biologically his child. The case raises interesting and difficult questions about how “terms of art” should be treated in settlements, wills and contracts. And, how that concept fits with the well-established approach to interpreting documents having regard to the ordinary, natural meaning of words and the intention of the party or parties making the document.’

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Wilberforce Chambers, 4th December 2024

Source: www.wilberforce.co.uk