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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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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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