Toby Bishop summarises Re. Kashinath Bhusate (deceased) [2018] EWHC 2362 (Ch) in which Chief Master Marsh delivered welcome guidance for estates, trusts and property lawyers on three issues: (1) whether the inferred and imputed common intention constructive trust analysis extends beyond the domestic consumer context to matters following an intestacy; (2) what the limitation period is […]
News
We have welcomed two new practitioners to Field Court Chambers in September. Sarah McKeown specialises in housing and public law in both England and Wales. She appears regularly for, and advises, homeless applicants and public authorities in homelessness appeals, including second appeal and judicial review claims. Sarah also appears in the Court of Protection and […]
I have been keeping a close eye on this one, for reasons which will be obvious if you read the judgment! The jurisdiction of the Land Registration Division of the FtT is limited by the scope of ‘the matter’ referred to it by HM Land Registry. HHJ Dight’s decision in Murdoch v Amesbury [2016] UKUT […]
David Brounger considers the case of Paragon Asra Housing Limited v. Neville [2018] EWCA 1712 in which the Court of Appeal decided that where a Court had concluded that it was reasonable to make a suspended possession order in the face of a disability discrimination defence, there was no requirement for a reconsideration of the […]
Alexander Campbell considers the judgment in The Queen on the application of Mr Peter Gaskin v LB Richmond Upon Thames [2018] EWHC 1996 (Admin). In that decision the Administrative Court decided that the Claimant, Mr Peter Gaskin, was providing a service within the meaning of EU law by the private letting of accommodation. Accordingly the […]
Mark Baumohl considers Turner v LB of Ealing [2018] EWHC 1431 (QB) a case concerning a so called “second successor” which, provided that a local authority is mindful of its ongoing duties and is prepared to provide a clear road map for proper consideration of those duties, further underlines the difficulties defendants may have defeating […]
The Supreme Court has today handed down judgment in the case of Williams v Hackney ; a case in which the local authority had accommodated 8 children under s. 20 of the Children Act 1989 in circumstances which the parents argued had infringed their rights under Article 8 of the ECHR. The Supreme Court has […]
Hopes were high that the Supreme Court’s judgment in Pimlico Plumbers would provide definitive guidance for practitioners advising clients who are involved in the gig economy. However, whilst the case undoubtedly provides some helpful instruction, the court resisted the opportunity to fully explore and provide definitive guidance as to the approach to take in this […]
Adrian Davis examines the Court of Appeal’s decision in Smith v Khan upon the correct measure of general damages for trespass in unlawful eviction cases when a claimant does not pursue a claim for reinstatement to the property. The facts of Smith, described by the Court as “somewhat extraordinary”, are as follows. In June 2014, […]
A claimant who made a judicial review claim in order to secure housing for her family under section 17 of the Children Act did not “succeed” in her claim when the authority then provided the housing. The High Court found that the authority reached the decision that they had a duty under section 17 independently […]