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24 January 2019
Issue: 7825 / Categories: Features , Procedure & practice , Civil way
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Civil way: 25 January 2019

Blow to residential landlords; setting aside post-admission; family forms forever; demolition device demolished.

THREAT TO RODENTS

There’s as much chance that a landlord will expressly covenant to put, let alone keep, their rented dwelling in a state that makes it fit for human habitation as me being honoured for services to the administration of justice. Yes, I know that s 8 of the Landlord and Tenant Act 1985 implies a condition and undertaking to this effect but, because of the qualifying rental limits, its application is effectively now restricted to hovels comprising no more than a matchbox, devoid of loo and wifi. Of course, councils can take action against landlords of festering premises. However, the risk criteria they employ is out of date, and it just may happen that the council is the landlord and unable to enforce against itself. The 1985 Act obligation on landlords, if discharged, to keep in repair the structure and exterior of premises and installations for the supply of water, heating and sanitation may still leave those premises unfit

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MOVERS & SHAKERS

Hugh James—Jonathan Askin

Hugh James—Jonathan Askin

London corporate and commercial team announces partner appointment

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Kingsley Napley—Jonathan Grimes

Kingsley Napley—Jonathan Grimes

Firm appoints new head of criminal litigation team

NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
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