Local authority and social landlords have seen an increase in recent years in private prosecutions brought against them under section 82, Environmental Protection Act 1990 (“1990 Act”). On 9 May 2019, Supperstone J in R (on the application of Notting Hill Genesis) v Camberwell Green Magistrates’ Court  5 WLUK 124, High Court, QBD, has […]
Jonathan Pennington Legh discusses the Upper Tribunal (Lands Chamber) case of London Borough of Southwark v Baharier  UKUT 73 (LC) – judgment 5/3/19 Facts In 2008 Ms Baharier exercised her right to buy her council flat and was as a result the long leasehold tenant of LB Southwark. The building was built in 1968 […]
Is it possible to be in adverse possession of land of which you are the registered proprietor ? Yes, says the Court of Appeal in Rashid v Nasrullah  EWCA Civ 2685 This an important decision of the Court of Appeal for the following reasons: It overrules the previous decision of the Court of Appeal […]
The criminal offence of assisting or encouraging suicide has recently attracted press coverage and political discussion. That attention focusses on the risks of prosecution and imprisonment, but for many families the financial consequences will be of equal or greater importance. Chief Master Marsh has handed down judgment in Ninian -v- Findlay  EWHC 297 (Ch) […]
Alistair Cantor considers Brown v Hyndburn Borough Council  EWCA Civ, a case with important implications for many local authorities.
EBS and ors –v- Gungor. Nov 2017, before Newey J in the Chancery Division, on appeal from Recorder Berkley at Central London, Lawtel.
This case traverses some of the matters which do not support allowing a very late amendment. Toby Bishop was counsel for the successful appellant.
Jason Braier looks at today’s momentous Supreme Court decision in R (Unison) v. Lord Chancellor to declare unlawful the employment tribunal fees regime.
The long-awaited Court of Appeal judgment in Chesterton Global Ltd and Another v. Nurmohamed and Another is finally out, a mere 27 months after the EAT’s ruling somewhat emasculated the intended Parkins v. Sodexho reversal of the public interest test under s.43B of the Employment Rights Act 1996. Its guidance is, at best, intentionally fuzzy, as Jason Braier explains.
Jonathan Pennington Legh looks at the problems that generally arise for the home owner in relation to mortgages and leases.
Alistair Cantor reviews the Supreme Court’s decision on the appropriate rate of deductions from pay for striking workers. The ruling is likely to have implications for most professionals on annual contracts paid monthly.