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28 May 2021 / Stephen Gold
Issue: 7934 / Categories: Features , Civil way , Procedure & practice
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Civil way: 28 May 2021

TAKE NOTICE

Short notice, wrong form. Points of defence to engage housing lawyers in coming months as landlords abandon their claims and reserve notices seeking possession, most recently to be confounded by the Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) (No 2) Regulations 2021, SI 2021/564, and the Assured Tenancies and Agricultural Occupancies (Forms) (England) and Suspension (Coronavirus) Regulations 2021, SI 2021/562. The temporary residential coronavirus legislation has set more traps than an overworked pest controller. Let’s take the notice periods in England. In respect of a section 8 Housing Act 1988 notice in form 3, at least three months was required during 26 March to 28 August 2020 inc. This was doubled to a stonking six months during 29 August 2020 to 31 May 2021 inc with modifications for rent arrears, anti-social behaviour, rioting and false statement cases. The six months has now been reduced to four months as from 1 June until 30 September 2021 inc but changes made where rent arrears: four weeks for four

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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’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
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’
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
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