Law digest: 7 November 2008

06 November 2008

Issue: 7344 / Categories: Features , Property

Peter Hungerford-Welch, associate dean, The City Law School, City University London. www.city.ac.uk/law

Yorkshire Bank Finance Ltd v Mulhall [2008] EWCA Civ 1156, [2008] All ER (D) 241 (Oct)

The enforcement of a charging order by normal means is not barred by s 20(1) of the Limitation Act 1980 and, unlike the position under a legal mortgage, the creditor’s rights are not barred after 12 years, because the holder of a charging order does not have a right to possession such that time can run against it under s 15, and extinction of title cannot therefore occur under s 17.

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MOVERS & SHAKERS

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Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS

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Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs

NLJ this week: Justice delayed, justice denied

Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly

NLJ this week: SLAPPed shut?

From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics

NLJ this week: The road ahead for employment rights

Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ

NLJ this week: Presumption of capacity reaffirmed

The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination

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Law digest: 7 November 2008

MOVERS & SHAKERS

Birketts—trainee cohort

Keoghs—four appointments

Brabners—Ben Lamb