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Civil way: 9 March 2018

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

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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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