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Civil way: 8 July 2016

08 July 2016 / Stephen Gold
Issue: 7706 / Categories: Features , Civil way
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  • Landlords bless Supreme Court.
  • Sherlock Holmes wrong on fact finding.
  • New service charge code.
  • Legal aid goes soft on MIAMs.
  • London more expensive.
  • Direct access: ecstasy and agony.

PHEW!

Private landlords have escaped. Where it is a public authority seeking possession of premises, the occupier can defend on the ground of proportionality (Manchester City Council v Pinnock [2010] UKSC 45, [2011] 1 All ER 285). The Supreme Court scotched the idea that the same defence could be run with a private tenancy on 15 June 2016 in McDonald v McDonald and others [2016] UKSC 28, [2016] All ER (D) 81 (Jun) in which even the Residential Landlords Association poked in its nose as intervener in writing. Private landlords do deserve a break what with retaliatory eviction, the deposit protection minefield, a prescribed notice under s 21 of the Housing Act 1988 and more traps than a mice farm on April Fool’s Day to contend with (see Civil Way 165 NLJ 7671, p 17, 165

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NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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