Section 119 Highways Act 1980 – criteria for the diversion of a footpath, bridleway or restricted byway Open Spaces Society v Secretary of State for Environment, Food and Rural Affairs [2021] EWCA Civ 241 (25 February 2021) The Court of Appeal has upheld the High Court’s decision in the case of The Open Spaces […]
Blog - General Civil
Section 119 Highways Act 1980 – criteria for the diversion of a footpath, bridleway or restricted byway
November 2020 – CLOUD VIDEO PLATFORM & OTHER MATTERS
CLOUD VIDEO PLATFORM & OTHER MATTERS This blog is a bit different from my regular contribution however I thought it would be helpful to update practitioners on how things have been going since the Tribunals reopened at the end of June. I had an in-person hearing which was heard over three weeks at the beginning […]
Tags: Commercial, Employment, General Civil
September 2020 – Post Trecarrell House Limited v Patricia Rouncefield
Gas Safety Certificates and Section 21 Notices: Trecarrell House Limited v Patricia Rouncefield [2020] EWCA Civ 760 On 18th June 2020, the Court of Appeal handed down judgment in Trecarrell House Limited v Patricia Rouncefield [2020] EWCA Civ 760. In welcome news to residential landlords, the Court of Appeal has held that a landlord is […]
Grounds for Setting Aside a Will: Undue Influence – July 2020
Grounds for Setting Aside a Will: Undue Influence The loss of a loved one is already an incredibly difficult and emotional time. Sometimes the situation is made worse by the discovery of suspicious circumstances surrounding the making of the will. This series of posts will examine some of the ways in which a will can […]
Tags: General Civil, Will Disputes
SUCCESS FEE RECOVERABILITY IN 1975 ACT CLAIMS: RE H [2020] EWHC 1134 (FAM)
SUCCESS FEE RECOVERABILITY IN 1975 ACT CLAIMS: RE H [2020] EWHC 1134 (FAM) The general rule in civil litigation is that costs “follow the event”. In an article I wrote for the special issue of Civil Justice Quarterly on Civil Litigation Costs, Vol. 32 pages 109-312 Issue 2 2013, I discussed the negative impact that […]
Tags: Family, General Civil, Will Disputes
Judicial Guidance on PDF Court Bundles – 20th May 2020
On 20 May 2020, general guidance was published on PDF Bundles: https://www.judiciary.uk/wp-content/uploads/2020/05/GENERAL-GUIDANCE-ON-PDF-BUNDLES-f-1.pdf The following points are of note: The guidance does not apply to tribunals. The guidance is general and is subject to directions of the court or the requirements of a judge in a particular case. Bundles must, where the nature of the document […]
Tags: Commercial, Family, General Civil, Insolvency, Will Disputes
COVID 19 UPDATE 7th MAY 2020
This blog looks at the recent advice which can be found on the ACAS Website in respect of handling grievances and disciplinaries during the Covid 19 pandemic. The most important point to remember (which cannot be repeated too often) is that employment law has not been suspended during the pandemic when social distancing and lock […]
Tags: Employment, General Civil
COVID-19 and force majeure
COVID-19 and force majeure The COVID-19 pandemic is placing considerable strain on businesses, making it difficult or impossible to meet pre-existing contractual obligations. Contracts routinely contain a force majeure clause, that is, a clause that sets out the consequences of what happens if a party is prevented from performing the contract in circumstances that are […]
Tags: Commercial, General Civil
Guidance on approach to applications for an adjournment and applications for an extension of time due to the Covid-19 pandemic
Guidance on approach to applications for an adjournment and applications for an extension of time due to the Covid-19 pandemic: Muncipio De Mariana & Others v (1) BHP Group Plc (7) BHP Group Ltd [2020] EWHC 928 (TCC): On 20 April 2020, HHJ Eyre QC has given useful guidance on the approach to applications for […]
Tags: General Civil
Temporary Insolvency Practice Direction
Temporary Insolvency Practice Direction A Temporary Insolvency Practice Direction (“TIPD”) drafted by Mr Justice Zacaroli, Chief ICCJ Briggs, Mr Justice Snowden and Mr Justice Marcus Smith came into force on 6 April 2020 and will remain in force until 1 October 2020 unless amended or revoked. TIPD can be found at https://www.judiciary.uk/wp-content/uploads/2020/04/Temporary-IPD-April-2020_.pdf Its purpose is […]
Tags: Commercial, General Civil, Insolvency