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08 July 2016 / Stephen Gold
Issue: 7706 / Categories: Features , Civil way
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Civil way: 8 July 2016

  • 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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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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