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18 February 2022 / Stephen Gold
Issue: 7967 / Categories: Features , Procedure & practice , Civil way
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Civil way: 18 February 2022

Corporate landlords give thanks; Don’t forget the pension; Domestic abuse: definition extension; Financial remedies: HURRY!

PHEW!

Company landlords can relax as a technical defence is killed off. Both a certificate given to a tenant under s 213 of the Housing Act 2004 about deposit protection and a notice seeking possession under s 8 of the Housing Act 1988 can be signed by an individual on behalf of the company who is authorised to sign. Neither document needs to be authenticated as required by s 44 of the Companies Act 2006. The Court of Appeal so held in Northwood (Solihull) Ltd v Cooke [2022] EWCA Civ 40, [2022] All ER (D) 101 (Jan). Hilmi & Associates Ltd v 20 Pembridge Villas Freehold Ltd [2010] EWCA Civ 314, [2010] 3 All ER 391 concerning a notice under s 99(5) of the Leasehold Reform, Housing and Urban Development Act 1993 was distinguished.


PENSION POT BLUES

The cash-flow test on a debtor’s application for bankruptcy involves determination as to whether they can pay their debts

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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
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’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
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