Issue: September 2020

Sentencing – guilty plea

September 2020 | Crime

An appeal against sentence was allowed, albeit limited, partly due to an arithmetical error on the part of the judge. A, who had sought to evade justice, was sentenced to 16 years and 10 months in prison having pleaded guilty to conspiracy to rob (there was also a concurrent sentence of three months’ imprisonment for …

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Ban on evictions – extended again

September 2020 | Landlord and tenant – residential

Literally hours before the ban on evictions of residential Ts was due to be lifted, the MHCLG confirmed that the stay on possession proceedings will now continue until 20 September 2020. The government also intends to give Ts greater protection from eviction over the winter by requiring Ls to provide Ts with six months’ notice …

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Administration – unascertained creditors

September 2020 | Wills, probate and administration

An estate’s assets have effectively been frozen temporarily, and the executors ordered not to distribute the £4.7m estate before opportunity had been given for the deceased’s assault victims (if any) to claim compensation. Michael Studdert died in 2018 leaving a number of legacies and his residuary estate to an educational trust. However, he had been …

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Return to office – reluctant staff?

September 2020 | Employment

Throughout lockdown, the Employment Law Journal has been essential reading for anyone advising employers and employees or with responsibility for staff. An excellent article explores the types of worker that might be less willing to return to work and what claims they may be able to bring if forced to do so. Mandatory or voluntary …

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‘No DSS’ – unlawful

September 2020 | Landlord and tenant – residential

Ls and their advisers must take note of the recent case in which it was held to be unlawful to advertise a property for rent but to add terms such as ‘no DSS’ or ‘no housing benefits’ applicants need apply. A blanket ban on renting property to those on benefits amounted to indirect discrimination under …

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Guardianship – OPG

September 2020 | Wills, probate and administration

Practitioners will be interested to know that attorneys under an LPA can now access a digital service to prove their status to banks and other institutions. The Office for the Public Guardian in England and Wales released the new online service, Use a lasting power of attorney service, with effect from July. It is all …

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Breaches of employment contract – examples

September 2020 | Employment

The article referred to above contains a useful summary of the types of activity which the courts and tribunals have found to be a breach of the implied duty of trust and confidence. This duty, which arises in every employment contract, requires that employers refrain from doing anything which is: … calculated or likely to …

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Covid – recoverable losses

September 2020 | Procedure

Any litigator may wish to read the excellent article by Hardwicke Chambers which summarises the issues to keep in mind when making a claim for breach of contract or tort brought about or worsened by the Covid-19 situation. Practitioners should read the article which considers the following familiar principles: Date of assessment – the parties …

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Procedure – deputies

September 2020 | Wills, probate and administration

In this helpful costs article, the author reminds deputies and their advisers as to when general management costs can be applied for, together with the relevant timeframes for submitting bills to the CoP. She emphasises that the process from the first step – seeking P’s authority to act as deputy – to receiving the order …

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Reflective loss – scope confirmed

September 2020 | Commercial

This is an important SC decision for commercial practitioners to consider. In a nutshell, the ‘no reflective loss’ rule stops shareholders of a company from bringing a claim for personal losses arising out of a breach of duty or contract owed to the company and can be summarised from the decision in Prudential v Newman …

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