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Civil way: 18 February 2022

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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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NEWS
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Public Accounts Committee warn of ‘extinction’ risk for legal aid
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Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
NLJ this week: Drawing the line on contempt
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
NLJ this week: Stop and search by the numbers
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
NLJ this week: Looking back on the prorogation that never was
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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