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08 March 2018 / Stephen Gold
Issue: 7784 / Categories: Features , Civil way , Procedure & practice
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Civil way: 9 March 2018

Dog evicted; accountant bashing; employment compensation up.

VICTORY OVER VINNIE

It wasn’t an absolute prohibition against keeping pets that did it. It wasn’t a qualified prohibition against keeping pets without consent not to be unreasonably withheld that did it. No, what did it for young Yorkshire/Maltese terrier Vinnie was the covenant not to keep any ‘dog bird cat or other animal’ without consent. The lessor of one of 146 flats and maisonettes in London’s Victory Place development at Limehouse consented but not the management company. And that takes us to Victory Place Management Co Ltd v Kuehn v Kuehn [2018] EWHC 132 (Ch), [2018] All ER (D) 147 (Jan) where Vinnie’s owners were appealing against a county court injunction to remove their pet.

The route to a successful challenge which can be engaged with a covenant of this nature was to show that the management company was not going to tolerate a pet over its dead body or, to put it in the more refined speak of my learned friend, it

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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