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Civil way: 18 February 2022

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

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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