Maria Mulla

Christopher Wall's latest article focuses on the recent Court of Appeal decision in the case of Standish v Standish. Additionally, this article explores the importance of assessing assets acquired during the marriage and how a fair division should be determined based on each party's contributions and needs. Read more here:  https://lnkd.in/eszf-7tG #BecketChambers #CourtofAppeal #Divorce #FamilyLaw #StandishvStandish

2

In this latest article, 4 New Square Chambers Amanda Savage KC and Helen Evans KC consider a recent pair of contrasting lawyers' liability cases on limitation and continuing duties (Lonsdale v Wedlake Bell and Al Sadik v Clyde & Co and others). Click the link to read the full article: https://lnkd.in/eSP4eCRM #professionalliability #professionalnegligence

18

Can a Defendant only challenge the Court’s jurisdiction/the validity of the claim form, following a failure to serve a claim form on time, by filing an acknowledgment of service (notwithstanding it was late service) and making an application under CPR Part 11? James Frampton, instructed by Mayer Brown LLP, acted for the Second Defendant. This case dealt with the question of, when service by DX occurs, when a party is to be treated as having accepted service by fax and, most interestingly, how CPR Part 11 applies in circumstances where the Defendants contend there is no valid service. The latter issue is still in part to be resolved by a further hearing later this year. A copy of the judgment is available on our website here: https://lnkd.in/eTKKe_m6

36

Under the Rules of Court 2021, a defendant to a civil claim who contends that the Court has no jurisdiction to hear the claim or should not exercise its jurisdiction to do so is permitted to file a Defence or affidavit (as the case may be) stating only grounds of jurisdictional objection. Our Associate Director Tay Jing En details: (i) when and how such a Defence or affidavit should be filed, (ii) follow-up steps that defendants should take and (iii) things that defendants should take care to avoid doing. Read the full article here: https://buff.ly/3Vw6wjM #SingaporeLaw #Jurisdiction #Litigation #ROC2021 #RulesofCourt

17

SRA reports increase in SQE1 pass rate and rise in fees. Read more via the link in the comments. #aspiringlawyer #sqe

5

1 Comment

Oh dear, here we go again. Blurring lines and dominating change without any meaningful consultation. Another fracture - who will be completing the forms? Or 32 pages of ‘unknown rely on your own inspection’. Who will be advising no forms will be provided or only legal questions answered? Didn’t we learn anything from the BSA! #conveyancing #regulation #TA6 #consultation

9

𝗖𝗼𝘂𝗿𝘁 𝗼𝗳 𝗔𝗽𝗽𝗲𝗮𝗹 𝗰𝗹𝗮𝗿𝗶𝗳𝗶𝗲𝘀 𝘀𝗰𝗼𝗽𝗲 𝗼𝗳 𝙈𝙪𝙧𝙛𝙞𝙩𝙩 𝗽𝗿𝗶𝗻𝗰𝗶𝗽𝗹𝗲 The Court of Appeal ([2024] EWCA Civ 467) has upheld the decision of Lieven J in 𝘾𝙖𝙡𝙙𝙬𝙚𝙡𝙡 𝙫 𝙎𝙎𝙇𝙐𝙃𝘾 [2023] EWHC 2053 (Admin) that an Enforcement Notice enforcing against a material change of use cannot require the removal of operational development which is the “source of or fundamental to the material change of use”. So, for operational development to be within the scope of an Enforcement Notice enforcing against a material change of use, it must be subordinate or secondary to, the change of use. The 𝙈𝙪𝙧𝙛𝙞𝙩𝙩 principle cannot be used to justify the removal of a building or other operational development which is a “separate development in its own right”. Zack Simons and Nick Grant appeared for the Secretary of State. For more information, please follow this link - https://bit.ly/4a5EhO2 #PlanningLaw #GreenBelt

46

4 Comments

In the May edition of the Radius Law Commercial Bulletin, in association with LexisNexis, Iain Larkins, Founder of Radius Law, and Sandra Martins, a Senior Lawyer at Radius Law, discuss: - limitation of liability for failing to pay; - the Supreme Court's ruling against Amazon for trade mark use; - 'click to accept' online terms; - the CMA closing its fashion retailer greenwashing investigation; - directors' climate duties; - regulating artificial intelligence; - new guidance on changes to holiday pay; and much more! Watch the full bulletin below. #law #legal #SupremeCourt #CMA #lexisnexis #radiuslaw

9

The cost of closing down law firms in the UK skyrocketed to a whopping £20 million last year according to Legal Futures! This sharp increase highlights the complexities and hidden expenses associated with shutting down a practice. Read more here: https://lnkd.in/eZXErqzB #legalnews

1

legal maxim on the topic section 116 of the BSA,2023 Sec. 116 prescribes conclusive proof of legitimacy to a child born within the wedlock or within 280 days after its dissolution. The only exception prescribed under the section being non access of the parties. #legal #law #lawyer #advocate #maxim #lawschool #knowledge #nitishiksha

2

Interesting questions raised...to my impression the third question is most important for further prosecution practice. Mostly defintions given in the description have to be acknowledged for interpretation of claims.

3

*Treatment of Trusts on Divorce: Analysis of HO v TL [2023]*   HO v TL: Lessons for Trusts Cases, an article by FLiP Senior Associate Grace Lawrence who is a member of the Society of Trust and Estate Practitioners, was first published in HNW Divorce ‘Entrusting the Future to the Next Generation’ magazine (ThoughtLeaders4 HNW Divorce • JUNE 2024) and is reproduced via the link below, by kind permission. Financial remedy practitioners in the HNW/UHNW space will often be instructed in cases where either their client or their client’s spouse has substantial trust interests. In such cases, there is an obvious tension between traditional trust concepts (including the trustees’ duties to act in the interests of the beneficiaries as a whole and to safeguard trust assets) and the desire of the English court to achieve a fair outcome as between the divorcing couple. HO v TL [2023] EWFC 215 is one such case. Amongst other issues, Mr Justice Peel had to grapple with the extent to which the Husband’s interests in two family discretionary trusts were accessible and therefore “financial resources” available to him. Read the full article here: https://lnkd.in/eZT3rg5W #TL4HNWD #HNWDivorce #Trusts

5

Stop the press! In a decision yesterday, the Supreme Court declared that collateral warranties and derivative contracts from primary building contracts do NOT fall within the Construction Act. This ruling overturns the Court of Appeal’s previous decision and overrules a 2013 TCC decision. Head to CMS UK Law Now for the full article https://lnkd.in/gQ3CbnQa Key Takeaways: 🔹 Collateral warranties are no longer under the Construction Act. 🔹 Significant implications for enforcing collateral warranty rights. 🔹 Previous adjudications under collateral warranties may be invalid due to lack of jurisdiction. #ConstructionLaw #SupremeCourt #LegalUpdate #CMSLaw

17

In Lambeth v SSLUHC [2024] EWHC 1391 (Admin), Lang J has dismissed a challenge to an Inspector’s decision to grant a certificate of lawfulness and planning permission for the amalgamation of two flats into a single dwelling. The Inspector had correctly interpreted policy H3 of the Lambeth Local Plan and H8 of the London Plan and had been entitled to find that the amalgamation did not breach those policies. The Inspector correctly applied the principles set out by Holgate J in RBKC v SSCLG [2016] EWHC 1785 (Admin) in determining whether the amalgamation constituted a material change of use. The Inspector had been entitled to find that the loss of a single unit of accommodation, in the context of the current housing delivery in the Lambeth, would not be a planning consequence of significance. Finally, the Inspector had not been required to conduct a search for potentially relevant appeal decisions concerning Lambeth’s housing policies. Lambeth had failed to draw to the Inspector’s attention the decisions it now relied on, despite being a party to each of them. Read the judgment here: https://lnkd.in/eFKp5KQe Ben Du Feu acted for the Secretary of State in successfully resisting the claim. Learn more about Ben here: https://lnkd.in/e2K82wpQ https://lnkd.in/eMwVmqA2 #PlanningLaw

19

Family court analysis lifts lid on life for litigants in person https://lnkd.in/dXYE7pMU

1

#Pupillage update: Amy Weir's latest two pupillage #diary entries are available to read now: https://lnkd.in/edmcWXyb #legalcareers

14

[New HR Journal Article - High Court Refuses to Enforce Non-Compete Covenant] Our latest HR Journal article by Jezamine Fewins and Karen Chu from Lewis Silkin explores a recent case where the High Court refused to enforce a 12-month non-compete covenant against a former employee. The article provides valuable insights for employers, emphasising the importance of carefully crafting non-competition covenants to protect business interests within legal boundaries. Stay informed and compliant by reading this enlightening article in the HR Journal. 🔗 Read more: https://lnkd.in/gEM4tSAr #HKIHRM #HRJournal #EmploymentLaw #NonCompeteCovenant 

10

Leading KC tries to explain mistake in Post Office Saga https://lnkd.in/eVZsTxM4

44

33 Comments