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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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Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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