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Law digests: 22 July 2022

22 July 2022
Issue: 7988 / Categories: Case law , In Court , Law digest
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Landlord & tenant

Lees v Kaye and another [2022] EWHC 1151 (QB), [2022] All ER (D) 42 (May)

The Queen’s Bench Division ruled that the applicant, who had owned a long lease in respect of one of two flats in a building, was entitled to an order which restored the position to what it had been before her eviction and the sale of the lease had taken place. The court so ruled on the applicant’s application for a declaration that the execution of a writ of possession concerning the flat was null and void pursuant to reg 7(12) of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020, SI 2020/1311, because there had been a mental health crisis moratorium in place to protect the applicant at the time of execution. The first respondent, who had acquired a long lease of the upper flat in the building, had succeeded in a substantive claim, alleging nuisance and harassment against the applicant. He had been awarded damages

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

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