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News


04/03/15

Felicity Gerry QC has been granted leave to appeal to the Supreme Court in R v Jogee

Felicity Gerry QC has been granted leave to appeal to the Supreme Court in R v Jogee, an alleged joint enterprise murder where the legal submission relates to the foundations for secondary liability. Felicity has argued that the current state of the law on joint enterprise is unclear and over criminalises secondary parties both at common law and pursuant to the ECHR. 

 

19/02/15

James Collins instructed in Court of Appeal test cases

James Collins has been instructed to act for one of the Respondents (KG India) in test cases to be heard over 3 days in the Court of Appeal next week. The cases centre on the imposition by the Secretary of State of the ‘Minimum Income Requirement’ for British and settled persons wishing to bring or remain with a spouse in the United Kingdom and are appeals all brought by the Secretary of State. The Court will give guidance on the correct approach to cases allowed in the First Tier and Upper Tribunals on the basis of Blake J.’s judgment in MM & Others v SSHD [2013] EWHC 1900 (Admin) which was subsequently overturned by the Court of Appeal in MM (Lebanon) & Others v SSHD [2014] EWCA Civ 985.

12/02/15

36 Bedford Row sponsors Leicester Schools Courts Competition

36 Bedford Row was delighted to sponsor the best school prize at the Leicestershire Schools Courts Competition on 31st January. Matthew Lowe and Adrienne Lucking QC acted as judges for the competition which was organised by Helen Johnson, Paul Prior and Mary Prior.

The purpose of the competition is to show the young people in Leicestershire how the courts service works, how the press works and to give them the opportunity to take part in a trial in front of a real Judge.

 

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10/02/15

36 Extradition’s Saoirse Townshend successfully represents an interested party in the definitive case on prison conditions in Italy in Mohamed Elashmawy v Court of Brescia, Italy [2014] EWHC 28 (Admin).

Saoirse, led by Peter Caldwell represented the Court in Taranto, Italy, submitting that the evidential position had changed since the ECtHR Pilot Judgment in Torregiani v Italy (2009) App. No 43517/09 and the systemic nature of overcrowding in Italian prisons could no longer be established. The court accepted these submissions finding at §90: 

“….even assuming that the ECtHR’s pilot judgment in Torreggiani could rebut the presumption that Italy will conform to its Article 3 obligations with regard to prison conditions at the time that this court was considering the matter in Badre,  it cannot do so now;  events have moved on”. 

The judgment is publicly available here: http://www.bailii.org/ew/cases/EWHC/Admin/2015/28.html

03/02/15

36 Family welcomes Kelly Webb (1993 Call)

36 Family welcomes Kelly Webb who joins from Garden Court Chambers. Head of 36 Family, Andrzej Bojarski, said “It is a real pleasure to welcome Kelly to the team. It is a sign of our growing reputation that successful and well–regarded senior practitioners like Kelly want to join us. Kelly will bring her expertise in child law to further strengthen our well–regarded group of specialist in serious and complex cases concerning children, especially those with international aspects.”

03/02/15

36 Civil welcomes new tenant Stephen Taylor (2002 Call)

Richard Wilson QC, the joint Head of 36 Bedford Row said:  

“We are very pleased to welcome Stephen Taylor to 36 Bedford Row. Stephen has an established practice in property and general commercial work. He joins our specialist property team, 36 Property.” 

To view Stephen’s profile, please click here.

02/02/15

36 Crime’s Adrienne Lucking Q.C. successfully prosecutes Lincoln manslaughter

Adrienne Lucking Q.C. successfully prosecutes Harry Scott, 24, for the manslaughter of Richard Woods, 32.

During the trial Adrienne Lucking Q.C. told the jury that Scott unlawfully imprisoned Mr Woods in the loft of his home in Spring Terrace, Louth, by raising the connecting ladder and securing it so that it could not be lowered.

Mr Woods attempted to climb between two of the ladder steps and became trapped. He subsequently died as a result of asphyxiation.

Read more about the case here.

 

02/02/15

36 Property – Resolving Excluded Assignments

UK Leasing Brighton Ltd v Topland Neptune Ltd and Zinc Cobham Ltd v Adda Hotels (an unlimited company) [2015] EWHC 53 (Ch)  

by Stephen Bishop

Summary

While excluded assignments are rare, in this case the High Court confirmed by declaratory relief that it can be possible to sort out at least some situations specifically the re–vesting a lease in the original tenant still guaranteed by the original guarantor following a purported assignment that resulted in an excluded assignment.

Background

The case results from the effect of the Court of Appeal’s ruling last year in Tindall Cobham 1 Ltd v Adda Hotels (an unlimited company) [2014] EWCA Civ 1215. In that case, 2 companies in the Hilton Group assigned the leases, guaranteed by Hilton Worldwide Inc, to £1 subsidiary companies in the Hilton group without the landlord’s consent which was required under the lease. As the assignment, intended it seems to remove the valuable guarantee, was in breach of covenant, it was an excluded assignment within s.11 of the Landlord and Tenant (Covenants) Act 1995 (‘LTCA 1995’). That had the result that the assignment was effective to the assignee (T2), the assignors (T1) were not released from the covenants in the lease and guarantor (G) still guaranteed the performance of those observations.

Thus it was that the parties wished to see the lease once more vested in T1 and with G once again guaranteeing T1’s obligations under the lease.

The Challenge

Would the re–assignment from T2 to T1 with G guaranteeing T1 under a fresh guarantee fall foul of the LTCA 1995 anti–avoidance provisions, specifically s. 25 in light of the decision in  K/S Victoria Street v House of Fraser [2011] EWCA Civ 904 which held that any requirement on a guarantor to guarantee the assignee would be void under s.25?

The Rationale

On re–assignment to T1, T2 was released from the covenants [s.5(2)(a)]. As T2 was released so was T1 [s.1(2)(b)] from his original covenants that persisted due to the excluded assignment. Consequently, G was released [s.24(2)] from the original guarantee; and was therefore free to enter into an new guarantee. Mr Justice Morgan declared that this approach would be valid and not contrary to the LTCA 1995 anti–avoidance provisions.

Conclusion

While this judgement does not resolve the issues arising out of K/S Victoria Street, it does at least confirm that there is a mechanism by which parties who have created an excluded assignment can be put back into their starting position in a sensible manner. The judgement also contains a thoughtful analysis by Mr Justice Morgan of the interaction of certain provisions of the LTC a 1995 which practitioners may find useful to read.

28/01/15

36 Family’s William Tyler QC leads Hannah Markham on the appeal from Hannah’s case in the Court of Appeal to the Supreme Court on 28th January 2015

In the matter of S (a Child)

The issue to be determined is whether the approach to ordering costs to be paid by local authorities in care proceedings set out in Re T (Children) [2012] UKSC 36 extends to the costs of appeals from orders made in such proceedings.

Facts

The respondent’s appeal against a full care order made in respect of his daughter was allowed by the Court of Appeal. Despite a finding that the appellant local authority had not engaged in reprehensible behaviour or taken an unreasonable stance in the hearing at first instance, which would be required to depart from the normal rule that costs were not awarded in children’s cases, a costs order was made against the appellant in respect of the costs of the appeal.

Access to Justice intervene on the question of when costs orders can be made to assist the Bar pro bono charity.

For full case details on the Supreme Court website, please click here.

 

28/01/15

36 Consumer – Bryan Lewin and Cameron Crowe write in TS Today on covert enforcement techniques

Covert enforcement techniques are still making the headlines – for all the wrong reasons. Bryan Lewin and Cameron Crowe examine how officers can keep using these methods while staying within the law.

Read the article here.

23/01/15

36 Civil’s Philippa Daniels to speak at Wills, Probate and Trusts Conference on 29th January 2015

Philippa Daniels is presenting at the Kent Law Society’s Wills, Probate and Trusts Conference on 29th January 2015 on IHT Cases and Developments.

For full details of the programme, please click here.

Recent News

Felicity Gerry QC has been granted leave to appeal to the Supreme Court in R v Jogee
Read more

James Collins instructed in Court of Appeal test cases
Read more

36 Bedford Row sponsors Leicester Schools Courts Competition
Read more

36 Extradition’s Saoirse Townshend successfully represents an interested party in the definitive case on prison conditions in Italy in Mohamed Elashmawy v Court of Brescia, Italy [2014] EWHC 28 (Admin).
Read more

36 Family welcomes Kelly Webb (1993 Call)
Read more

36 Civil welcomes new tenant Stephen Taylor (2002 Call)
Read more

36 Crime’s Adrienne Lucking Q.C. successfully prosecutes Lincoln manslaughter
Read more

36 Property – Resolving Excluded Assignments
Read more

36 Family’s William Tyler QC leads Hannah Markham on the appeal from Hannah’s case in the Court of Appeal to the Supreme Court on 28th January 2015
Read more

36 Consumer – Bryan Lewin and Cameron Crowe write in TS Today on covert enforcement techniques
Read more

36 Civil’s Philippa Daniels to speak at Wills, Probate and Trusts Conference on 29th January 2015
Read more