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08 July 2010 / Alex Gask , Jamie Burton
Issue: 7425 / Categories: Features , Public
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A new gateway?

Jamie Burton & Alex Gask consider how the gateway defence could make life easier for non-secure tenants

The ultimate impact of the Human Rights Act 1998 (and in particular Art 8 of the European Convention on Human Rights) on the rights of tenants who have limited security of tenure may not be known until nine Supreme Court judges hear the appeal in Pinnock v Manchester CC [2009] EWCA 852, [2009] All ER (D) 10 (Aug) later this month. However, in the five conjoined appeals in Salford City Council v Mullen [2010] EWCA Civ 336, [2010] All ER (D) 289 (Mar) the Court of Appeal has in the meantime tried to “provide some guidance as quickly as possible to the courts dealing with these cases”. In particular the court addressed two issues: what is the appropriate venue for hearing a defence based on Art 8; and what standard of review must the court apply when determining it? It also granted permission to appeal to the Supreme Court.

BackgroundWhile they wait for a more permanent

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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