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Does a corrected judgment ‘reset’ the appeal clock?

In Reverend J G Hargreaves v Evolve Housing + Support [2022 EAT 122], the Employment Appeal Tribunal has clarified when time for instituting an appeal starts to run if the Employment Tribunal has sent out a corrected judgment By Catherine Urquhart


Published: 15th Aug 2022

Can you trust a notice to quit?

Michael Grant discusses the recent High Court decision in Procter v Procter and others [2022] EWHC 1202.


Published: 30th May 2022

Injunctions against the World:

Robert Winspear discusses the Court of Appeal’s decision in LB Barking and Dagenham v Persons Unknown [2022] EWCA Civ 13


Published: 26th Jan 2022

Campbell v Advantage Insurance Company [2021] EWCA Civ 1698

As the Christmas party season approaches the Court of Appeal in the decision of Campbell v Advantage Insurance Company [2021] EWCA Civ 1698 gives some helpful guidance on the question of whether an intoxicated passenger who is driven by a driver who is also intoxicated is contributorily negligent.


Published: 17th Nov 2021

Malawi Bail Project

Charlotte Mackenzie introduces the project increasing access to justice in Malawi through education on bail rights.


Published: 5th Oct 2021

Housing allocation schemes under the magnifying glass

The significance of a recent High Court housing law case cannot be underestimated – both legally and practically – in bringing to the fore the practical effects of local authority allocation schemes, writes Martin Khoshdel.


Published: 23rd Jun 2021

Can mediation solve the housing possessions backlog?

The freeze on possession hearings is finally starting to thaw – but how will the courts cope with the huge backlog of cases? Will mediation, online hearings, or a dedicated housing tribunal make a difference? In the first of a series of articles from 42BR Housing, looking at the potential solutions, Catherine Urquhart analyses the mediation pilot scheme.


Published: 16th Jun 2021

Re A, B and C [2021] EWCA Civ 451 – Case note

The Court of Appeal has found that a trial judge had misapplied Lucas in finding that a juvenile’s consciousness of guilt that he had sexually abused another child was the only reasonable explanation for his lies at trial.


Published: 12th Apr 2021

Tim Adkin

We are delighted to announce that member of Chambers Tim Adkin has been appointed an full time salaried Employment Judge


Published: 28th Aug 2019

Caroline Landes

Chambers is delighted to welcome Caroline Landes as a new member of our Family Law team.


Published: 27th Aug 2019

McNeil v HMRC [2019] EWCA Civ 112

McNeil v HMRC [2019] EWCA Civ 112 answers the question of whether a tribunal should approach “particular disadvantage” in equal pay and indirect discrimination cases by reference to averages or differential distribution? Differential what?! Rad Kohanzad provides a summary on McNeil v HMRC [2019] EWCA Civ 112


Published: 4th Jul 2019

42BR Housing Law Bulletin

In the latest newsletter from the Housing team at 42 Bedford Row, Mathew McDermott looks at the Supreme Court’s judgment dealing with the approach to affordability under Part VII Housing Act 1996


Published: 13th Jun 2019

Aston v Martlet Group

Jason Braier of 42 Bedford Row highlights some gems from the Aston v Martlet Group judgment.


Published: 28th May 2019

Arfan Khan appears successfully in important trust appeal

The Appellant, a former solicitor, claimed he held a beneficial interest in property by way of constructive or resulting trust. The property was purchased as an investment. It was registered in the sole name of the Appellant’s wife.


Published: 22nd May 2019

The London Legal Walk 2019

We are walking with the Lord Chief Justice and thousands of lawyers to raise funds for the London Legal Support Trust which funds Law Centres and pro bono agencies in and around London.


Published: 7th May 2019

CHICKS Charity Night

Thanks to the generosity of everyone, we raised an outstanding £1,309.65 which will go some way to help children in desperate need for a respite break.


Published: 27th Mar 2019

‘Fitness for Human Habitation’ Day

Today, 20 March 2019, the Homes (Fitness for Human Habitation) Act 2018 comes into force; introducing new sections 9A, 9B and 9C into the 1985 Act.


Published: 20th Mar 2019

Law in Style at Hobbs

We're teaming up with @itsalawyerslife and Hobbs London for an evening of Body Confidence, champagne, fashion and fun.


Published: 5th Mar 2019

The importance of a basis of plea

This is an article on the recent Court of Appeal judgment in R v Ayoub Belkaid [2018] EWCA Crim 2488 were Martin Khoshdel represented Ayoub Belkaid, the Appellant, from the outset until his successful appeal against sentence.


Published: 22nd Feb 2019

Patrick Hamlin

Chambers are sad to announce the death of Patrick Hamlin, after a short illness.


Published: 19th Feb 2019

WELLS V DEVANI

Laura Giachardi was instructed as junior counsel by the appellant Mr Devani, in his successful appeal to the Supreme Court on the fundamental matters of interpretation and implied terms in contract law.


Published: 13th Feb 2019

Housing Law Bulletin: long leases and short-term lets

In this Bulletin, Michael Grant discusses a recent County Court judgment of His Honour Judge Luba, QC, concerning prohibitions in long residential leases and the well-known short-let website ‘AirBnB’.


Published: 12th Nov 2018

Employment Newsletter

Welcome to the latest roundup from our barristers at 42 Bedford Row Employment Practice, with the latest news and unique insights from our team.


Published: 23rd Aug 2018

Housing Law Bulletin: Banning Orders and the Housing and Planning Act 2016

In this Bulletin, Christi Scarborough discusses banning orders: what are they? When would one be used? What are their consequences? Banning Orders – what are they and how do they work? Christi Scarborough looks at new powers available to Local Authorities from 6 April 2018, and the circumstances under which private landlords or letting and


Published: 1st May 2018

Housing Law Bulletin: errors of law, burden and homelessness appeals

In this bulletin Elizabeth England discusses a recent Court of Appeal case that reminds us who has the burden of proving an error of law in homelessness appeals under Part VII Housing Act 1996 Avoiding exegetical sophistication: Rother District Council v Stephen Freeman-Roach [2018] EWCA Civ 368 The Court of Appeal has handed down guidance


Published: 16th Apr 2018

Housing Law Bulletin: the Homelessness Reduction Act 2017

On 3 April 2018, the Homelessness Reduction Act 2017 commenced, imposing a number of new duties on housing authorities to provide early intervention, in order to prevent homelessness. The Act makes significant amendments and additions to the Housing Act 1996


Published: 9th Apr 2018

Housing Law Bulletin: Article 14 ECHR and Succeeding to a Secure Tenancy

Is it fair to treat the children of secure tenants differently for the purpose of succession depending upon how their deceased parent became the tenant? This, in essence, is the question at the heart of the long-running case of London Borough of Haringey v. Simawi. The question will be answered at trial in October 2018


Published: 28th Feb 2018

Employment Newsletter

Welcome to the latest roundup from our barristers at 42 Bedford Row Employment Practice, with the latest news and unique insights from our team.


Published: 29th Jan 2018

Jeremy Rosenblatt – Family Law update

Jermey Rosenblatt has contributed to the December edition of the International Bar Association Legal Practice Division. Topics include: Poland: a Supreme Court and Gay lawyers.


Published: 20th Dec 2017

Housing Law Bulletin: When is settled accommodation actually settled?

Niamh O’Brien discusses the recent Court of Appeal decision on ‘settled accommodation’ and asks: when is accommodation ‘settled’? Doka v London Borough of Southwark [2017] EWCA Civ 1523 Introduction The ‘full housing duty’ owed by local authorities to house homeless applicants does not apply to those who have become intentionally homeless. In order to be


Published: 7th Nov 2017

Housing Law Bulletin: Letting agents & Administration Fees – London Borough of Camden v. Foxtons Ltd

Matthew Feldman discusses the recent Upper Tribunal decision dealing with the thorny issue of letting agents’ administration fees. In this case, the Upper Tribunal (Administrative Appeals Chamber) found that Foxtons Limited (‘Foxtons’) were in breach of the requirements of the Consumer Rights Act 2015 (‘the Act’) in connection with published details of its relevant fees in three branches and on its website, and imposed a penalty of £4,500 in respect of each breach, amounting to £18,000.


Published: 30th Oct 2017

Employment Newsletter

Welcome to the latest roundup from our barristers at 42 Bedford Row Employment Practice, with the latest news and unique insights from our team.


Published: 25th Oct 2017

Panayiotou v Waltham Forest, Smith v LB Haringey [2017] EWCA Civ 1624

Panayiotou v Waltham Forest, Smith v LB Haringey [2017] EWCA Civ 1624 The demise of significance The Court of Appeal have considered the conjoined appeals of two homeless applicants who claimed that the Respondent housing authorities had applied a wrong legal test when considering whether or not they were ‘vulnerable’ within the meaning of s.189(1)(c) of the Housing Act 1996.


Published: 23rd Oct 2017

Housing Law Bulletin: Part VII Housing Act 1996 and ‘settled accommodation’

Mathew McDermott discusses how relevant, if at all, the questions of hindsight and one’s own understanding of one’s security of tenure are when looking at whether or not accommodation is ‘settled’. To what extent is a tenant’s mistaken but honestly-held understanding of their security of tenure relevant when asking if accommodation is ‘settled’ for the


Published: 4th Sep 2017

Employment Newsletter

Welcome to the latest roundup from our barristers at 42 Bedford Row Employment Practice, with the latest news and unique insights from our team. ET fees. What now? Yesterday employment practitioners up and down the land celebrated Unison’s victory in the Supreme Court but now as the news sinks the judgment raises many questions.1.


Published: 21st Aug 2017

Employment Newsletter

Welcome to the latest roundup from our barristers at 42 Bedford Row Employment Practice, with the latest news and unique insights from our team over the last month or so. An employee is thinking of quitting? Whoever is involved write it all down! I link a good article here in the Independent, as to the


Published: 3rd Jul 2017

Third-six pupillage vacancies

42 Bedford Row invites applications for two third six pupillages commencing in September/October 2017. A third-six pupil can expect to undertake work in all of Chambers’ core areas You must be able to demonstrate relevant experience, an understanding of the marketplace and have a clear strategy for growing and developing both your practice and your


Published: 27th Jun 2017

Mental Health Issues in Housing Litigation

Mental Health Issues in Housing Litigation During April and May 2017, we ran a 2-part workshop in Chambers exploring the law and procedure on dealing with mental health issues in housing cases. This Bulletin is intended as a follow-up note for those of you who attended, and as a general practice note for those of


Published: 30th May 2017

The London Legal Walk

42 Bedford Row are pleased to announce that today we are walking with the Lord Chief Justice and thousands of lawyers to raise funds for the London Legal Support Trust, the Free Representation Unit and the Bar Pro Bono Unit. Our walkers so far are: Tina Cook QC, Nicholas Bidnell-Edwards, Andrew Pote, Aysha Ahmad, Sian


Published: 22nd May 2017

Double-edged sword: Can you have two possession orders at once?

Double-edged sword: Can you have two possession orders at once? In a recent case an interesting point arose around whether or not it was possible for a landlord under an AST to have two possession orders in respect of the same property at the same time. Facts The facts of the case were fairly typical.


Published: 13th Mar 2017

Chambers is proud to announce that 3 February 2017 saw the second annual 42 Bedford Row Disability Law Essay Prize take place at the University of Oxford

This year’s question concerned employment law and challenged students to think about how the law should be framed so as to ensure that persons with disabilities receive equal remuneration for work of equal value. Students and attendees were given the opportunity to question a panel consisting of Lord Justice Bean, Professor Alan Bogg of Oxford


Published: 23rd Feb 2017

Warrants for Possession ll

Warrants for Possession II Cardiff City Council v Lee (Flowers) [2016] EWCA Civ 1034 Following the decision in Cardiff City v Lee (Flowers) the Civil Procedure Rules Committee has been considering Form N325 (Request for warrant of possession of land). Pending a final decision from the Committee, HMCTS has introduced two new forms which must


Published: 13th Feb 2017

Housing Bulletin No 19 – New evidence, settled section 204 appeals and cost

Welcome to this, the 19th bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com New evidence, settled section 204 appeals and costs LB Croydon v. Lopes [2017] EWHC 33 (QB) It is well known that usually


Published: 1st Feb 2017

Housing Bulletin No 18 – Forfeiture for non-payment of service charges

Welcome to this, the 18th bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com Forfeiture for non-payment of service charges Last month, we ran a workshop in Chambers exploring the law and procedure of forfeiting a


Published: 9th Jan 2017

Housing Bulletin No 17 – Anti-social behaviour injunctions

Welcome to this, the 17th bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com Anti-social behaviour injunctions: can the Court rely on historic bad behaviour? Birmingham City Council v Glenn Parode [2016] EWHC 3119 (QB) In


Published: 14th Dec 2016

Housing Bulletin No 16 – Warrants for Possession

Welcome to this, the sixteenth bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com Warrants for Possession Cardiff City Council v Lee (Flowers) [2016] EWCA Civ 1034 The Senior Master has today issued her practice note


Published: 22nd Nov 2016

Chicks Cup Winner

42BR beat-off strong competition from financial institutions and lawyers to claim second prize in the latest charity quiz for our chosen charity, Chicks. Chicks provide free respites breaks for disadvantaged children at their centres in Cornwall, Devon and Derbyshire. The quiz was hosted by Incisive Media in Haymarket, London, and Lawrence Gosling, editor of Investment Week, acted as quiz master. We raised over £1,600 which will be used to help fund week long breaks for kids.


Published: 26th Sep 2016

Archer v Titchener: Did Judge Loomis get it right?

After the almost unbearable tension of the criminal hearing to determine whether or not Helen would be found guilty of stabbing Rob, last week saw the family court hearing to determine the living and contact arrangements for Henry and Jack. Four members of the chambers’ family team, who are all addicted to the Archers, have


Published: 19th Sep 2016

Housing Bulletin No 15 – Some Top Tips for Tenancy Fraud Cases

Welcome to this, the fifteenth bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com Some Top Tips for Tenancy Fraud Cases Six years ago, the National Fraud Authority launched its Social Housing Tenancy Fraud Project that


Published: 5th Sep 2016

Bank's High Court Claim for £9.5 million settles out of court

Arfan Khan successfully defended complex claims in the High Court Chancery Division. The claims were pursued by a bank against the Defendants for £9.5 million plus interest, including possession of land. A legal charge was procured by the bank to secure the alleged indebtedness.


Published: 1st Jul 2016

Extreme times, a radical approach – Event

On June 15th 42 Bedford Row together with www.itsalawyerslife.com hosted an exclusive film screening of ‘Jihad’ and panel discussion on the complex and topical subject of radicalisation and the law. It proved a fascinating evening with one guest describing it as ‘mind changing.’ The judiciary, legal profession and media were all well represented and there


Published: 20th Jun 2016

Housing Bulletin No 13 – Human Rights and the Private Sector

Welcome to this, the thirteenth bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com This bulletin discusses the judgment in the case of McDonald (by her litigation friend Duncan J McDonald) v McDonald & others [2016] UKSC 28.


Published: 20th Jun 2016

Stephen Murch has been elected as a Bencher of Lincoln’s Inn

42 Bedford Row are delighted to announce that Stephen Murch has been elected as a Bencher of Lincoln’s Inn. This follows his recent appointment as the Inn’s Governor of the College of Advocacy. The College is the body of the Inns of Court which is replacing the Advocacy Training Council in co-ordinating the training of


Published: 6th Jun 2016

Recovery of Legal Costs as a Service Charge – What Has Changed Since Arnold v Britton?

The Supreme Court in Arnold v Britton [2015] A.C. 1619 has ruled that there are no special rules of interpretation which apply to service charge clauses. The old “restrictive” approach to the interpretation of service charge clauses has been criticised. The recovery of a landlord’s legal costs as a service charge remains a troublesome area, where the impact of Arnold v Britton is still being worked out.


Published: 23rd Feb 2016

The 42 Bedford Row Disability Law Essay Prize 2016

Chambers has established the 42 Bedford Row Disability Law Essay Prize in partnership with the University of Oxford. It is the first ever academic writing award to be established at the Oxford Faculty of Law which focuses on legal issues affecting persons with a disability. Chambers hopes that this award will continue on an annual basis.


Published: 17th Feb 2016

Housing Law Bulletin No 12 – updating service of 2015 on all issues relating to housing law

Welcome to this, our twelfth updating service of 2015 on all issues relating to housing law — whether social or private, landlord or tenant. Here, Niamh O’Brien offers a case law update : Mansing Moorjani v Durban Estates Limited [2015] EWCA Civ 1252 An unusual set of facts permits the Court of Appeal to review the legal basis for damages to be awarded for disrepair to premises let on a long lease.


Published: 22nd Dec 2015

Our first live event!

When it comes to fashion, let’s face it, most lawyers are the human equivalent of a beige turtleneck. Not the ones Lawyers Life, hang out with though. Lawyers Life held its first live event and it was fantastic.


Published: 10th Nov 2015

Keri Tayler joins from Hampshire CC

Keri has joined Chambers from Hampshire County Council, where she spent 13 years advising on all aspects of Local Government law, specialising in the fields of education, child and adult social care.


Published: 10th Sep 2015

Housing Law Bulletin No 5

Topic: “How should the courts assess whether a homeless applicant is vulnerable and in priority need of housing, with reference to the Housing Act 1996 s.189 (1)(c)?”


Published: 2nd Jul 2015

Housing Law Bulletin No 4

Topic: Changes to the tenancy deposit protection rules. On 26 March 2015, sections 30 to 32 of the Deregulation Act 2015 came in to force. What are the implications of this for landlords in relation to tenancy deposit schemes?


Published: 2nd Jul 2015

Mary Lazarus appointed Circuit Judge

Chambers is delighted to announce that Mary Lazarus is to be appointed one of Her Majesty’s Circuit Judges on 15th April 2015.


Published: 14th Apr 2015

Housing Law Bulletin No 3

Welcome to this, the third bulletin from the Housing Team. Topic: Commencement of Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 – the Civil Injunction We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com. Commencement of Part 1 of the


Published: 13th Apr 2015

Housing Law Bulletin No 2

Welcome to this, the second bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com. Topic: Akerman- Livingstone v Aster Communities Ltd “Can the court summarily dispose of a defence to possession based on an allegation of unlawful


Published: 31st Mar 2015

Housing Law Bulletin No 1

Welcome to this, the first bulletin of what will be a regular updating service on all issues relating to housing law — whether social or private, landlord or tenant. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com “Can a


Published: 4th Mar 2015

Ranked in Chambers UK Bar 2015: Leading Set

42 Bedford Row has a national reputation and is a full-service chambers dealing with all aspects of family law. It has great strength in both public and private children law cases, and has developed very strong relationships with local authorities, particularly in the South of England. It also acts for guardians and parents. Client service: “The clerk’s team


Published: 22nd Jan 2015

Damages for unlawful eviction by a local authority

On 21st October, 2014, Desmond Kilcoyne appeared in the Supreme Court on behalf of the London Borough of Lambeth in a case where the Borough, in their capacity as a landlord, unlawfully evicted a secure tenant, Mr Loveridge. The judgment is awaited. The appeal concerns the approach which must be taken to the calculation of


Published: 30th Oct 2014

Nwoko v Oyo State, Nigeria

Where a defendant had filed an acknowledgement of service but had not disputed the court's jurisdiction within 14 days after filing it, as required by CPR r.11(4), he was not entitled to extra time to serve notice to dispute jurisdiction even though the claimant's claim form had been served on the defendant outside the jurisdiction after the six-month period required for service. Philip Newman represented the applicant.


Published: 10th Jul 2014

Tina Cook QC on the films of Rehna Azim – Counsel magazine

Tina Cook QC gives her views on Rehna Azim's work and the need for more discussion and transparency in the family justice system. “Never Had You” was one of several films by Rehna Azim screened on 17 October 2014 at the Courthouse hotel.


Published: 28th Mar 2014

International Child Law

In a series of five informative papers Jeremy Rosenblatt, barrister and international law and Child abduction specialist, sets out :- (i) An overview of International Child Abduction, (ii) Seeking Declarations in International Law, (iii) Dealing with children's objections to a return home, (iv) Private International Law; Problems in England and Wales, (v) Understanding Article 15 and Brussels II Revised.


Published: 27th Mar 2014

Merger

42 Bedford Row and a substantial number of 13 King’s Bench Walk are delighted to announce that they will merge on 12th May 2014. The new set will be known as 42 Bedford Row and will operate from that address.


Published: 25th Mar 2014

Has defending possession proceedings using Article 8 ECHR just got easier?

Under Article 8 of the European Convention on Human Rights, everyone has the right to respect for his private and family life, and there shall be no interference with that right unless it is in accordance with the law and is necessary in a democratic society. In the context of possession proceedings, the courts have interpreted this as offering a defence to a possession claim if to allow it would be disproportionate in all the circumstances.


Published: 18th Mar 2014

MUST-READ TOPICAL RRO ARTICLE

Mary Lazarus' highly topical three-part article on "Reporting Restrictions and the New Transparency", published this week by Family Law Week, is essential reading on this controversial subject.


Published: 10th Mar 2014

UK is failing to meet international obligations on FGM

The UK is in breach of its international legal obligations on FGM. Following submissions to Parliament’s Home Affairs Committee, Zimran Samuel writes on Female Genital Mutilation in The Times newspaper.


Published: 10th Mar 2014

The Work of the Forced Marriage Unit (FMU)

Lord Justice Ryder, Denise Carter OBE and members of the government’s Forced Marriage Unit spoke at the inaugural event of the Human Rights Working Group. The event was hosted by chambers on 4th February 2014.


Published: 14th Feb 2014

COURT OF APPEAL: COMPLY OR BE STRUCK OUT!

Scott Matthewson represented a successful Respondent in the Court of Appeal. The Appellant’s case was struck out at the final appeal hearing by Hallett LJ, Sullivan LJ and Arnold J because the Appellant failed to comply with an unless order to file her appeal bundle by a certain date. Click below link for the case report


Published: 13th Dec 2013

Alcohol testing in Children Act cases

Julie Stather analyses the various methods of alcohol testing now available in Children Act proceedings, including the latest developments in transdermal alcohol continuous testing. Read the complete article here: Alcohol Testing – What are the options?


Published: 21st Nov 2013

42 Bedford Row launches Human Rights Working Group

Children within care proceedings and those with mental health difficulties represent some of the most vulnerable groups in society. The Family Law Team at 42 Bedford Row is dedicated to principles of fairness and equality underpinning the Human Rights Act 1998. Members of the Family Team are able to provide specialist advice and representation in


Published: 16th Nov 2013

Child Rights Manual for Unicef

The Bar Human Rights Committee has been nominated for the Bar Pro Bono Unit Award for writing the Child Rights Manual for Unicef Nigeria. Zimran Samuel formed part of the legal team who wrote and edited the forthcoming publication on behalf of Unicef.


Published: 24th Oct 2013

Unicef Nigeria

The Bar Human Rights Committee has been nominated for the Bar Pro Bono Unit award for writing the Child Rights Manual for Unicef Nigeria. Zimran Samuel of 42 Bedford Row formed part of the legal team who wrote and edited the forthcoming publication.


Published: 24th Oct 2013

Family private international law – problems in England and Wales

April 2013 saw the UK government remove public funding through the recently renamed Legal Aid Authority from private law work and representation unless domestic violence of a serious nature is revealed. For years as part of the legal culture and representation of parties before the courts of England and Wales many Mother or Fathers were


Published: 13th Sep 2013

Five new members join Chambers

The summer has so far proved to be a busy time recruitment-wise at 42 Bedford Row. We are delighted to welcome the following to our expanding set:


Published: 14th Aug 2013

Exceptional press protection for defendant mother & family

Mary Lazarus successfully obtained a highly exceptional order for an Applicant Father whose ex-wife was in the throes of a massive benefit fraud trial, based on her fraudulent claims that her children were disabled. Her trial involved extensive exposure of five of her eight children’s private lives, and her defence involved detailed trawls through their medical


Published: 30th May 2013

Shocking ‘virgin birth’ case & key development in press restriction case law

GROSS EXPLOITATION – In three recently released judgments in the case of A Council v M & Others, Mary Lazarus appeared for the local authority in a series of hearings last year involving the most shocking exploitation of an adopted child. Child A, represented by Tina Cook QC and Anthony Jerman, was persuaded by her


Published: 16th May 2013

Damages for unlawful eviction by a local authority

The London Borough of Lambeth v Loveridge [2013] EWCA Civ 494 (10 May 2013) This was a successful appeal by the local authority landlord against a county court award of statutory damages (under section 28 of the Housing Act 1988) in the sum of £90,500 to a secure tenant for unlawful eviction from his flat.


Published: 15th May 2013

42BR Walk the Walk

2013 London Legal Walk – 20 May 2013 The 9th London Legal Walk is a 10km “after work” walk that raises funds for legal advice charities in London and the South East. Led by the Lord Chief Justice and an array of legal luminaries, 6,000 walkers raised £540,000 last year. The team from 42 Bedford


Published: 3rd May 2013

Court of Protection Work Recognised in The Times

In a lengthy article in The Times (4th April 2013) the work of both The Official Solicitor and The Court of Protection came under focus. Six recent and significant cases were highlighted concerning this increasingly important area of law. Of the six selected, members of 42 Bedford Row appeared in the first four.


Published: 10th Apr 2013

Supreme Court Care Case

In the matter of B (a Child) (FC) UKSC 2013 / 0022 Three members of Chambers, Frank Feehan QC, Anna McKenna and Sheila Phil-Ebosie appeared in a care proceedings matter in the Supreme Court on 25th and 26th February 2013 as appellants in a case for which Baroness Hale, Lord Wilson and Lord Carnworth considered


Published: 20th Mar 2013

Dispensing with the need to consult about service charges – at what cost?

The Supreme Court has changed the law about dispensing with the need for consultation for qualifying works or qualifying long term agreements where tenants of residential dwellings have to pay service charges: Daejan v Benson [2013] UKSC 14. The requirements for consultation in the 2003 Regulations (2003 SI 1987) are complex and lengthy. They vary according to


Published: 8th Mar 2013

A recent case on treating patients under a disability

A NHS TRUST v K (2012) EWHC 2922 (COP) This was an application by a NHS Trust for an order permitting doctors to perform major surgery, a hysterectomy, on a patient, Mrs K, who had refused to consent to the surgery but who lacked legal capacity to decide whether or not to consent to it.


Published: 25th Jan 2013

Frank Feehan QC and Gemma Taylor succeed in Supreme Court

Frank Feehan QC and Gemma Taylor of 42BR’s Family team have succeeded in the Supreme Court case of Re A (A Child). Judgment was handed down on the 12th December 2012. Their arguments on the nature of “unqualified” rights under the European Convention were accepted by the Supreme Court in deciding that the right of


Published: 14th Dec 2012

Are We Missing a Trick? Section 34 of the Children Act – An under-used application

Julie Stather, barrister, of 42 Bedford Row examines the advantages to child, parents and local authority of using section 34 of the Children Act Despite the obvious impact of an order allowing the local authority to refuse contact in the context of ongoing proceedings, or indeed the possible ramifications of applications made by the parents


Published: 2nd Dec 2012

Enhancing the Role of Grandparents in the Current Legal Landscape

Julie Stather, barrister, of 42 Bedford Row suggests some ways to benefit children by strengthening the position of grandparents Society is constantly evolving. Grandparents used to be very central figures in the lives of their grandchildren often living on the same street. Then as families became more mobile and the cities provided more possibility of


Published: 2nd Dec 2012

An end to “Squatters’ rights”?

On 1 September 2012, section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 came into force. Greeted by much excited commentary in parts of the media with claims that it ended “squatters’ rights”, the section creates a new offence of squatting in a residential building. The section provides that a person


Published: 14th Oct 2012

Invitation to our Charity Casino Evening

THE LONDON LEGAL WALK The members of 42 Bedford Row are delighted to invite you to join them to help raise more money for the London Legal Support Trust with a Charity Casino reception at The Punch Tavern 99 Fleet Street, London, EC4Y 1DE 6:00pm until late on Monday 21 May 2012 CHARITY CASINO EVENING


Published: 20th Sep 2012

Berrisford v Mexfield Housing Cooperative Limited [2011] UKSC 52

£350m cut to legal aid judged a 'false economy' and block to swift justice for most vulnerable "But it would actually be a false economy. Without legal advice more private family disputes would end up in court; without legal representation the hearings of them would take longer; and without assistant legal navigators the trial judges would more often be blown off course so there would be more appeals.


Published: 1st Sep 2012

Kernott v Jones [2011] UKSC 53

Latest Debate Over DUI Checkpoints Is Whether They Should Be Banned Altogether DUI checkpoints continue to generate a lot of debate and discussion. The latest skirmish involving DUI checkpoints comes from at least two states that are now reconsidering the legality and effectiveness of DUI checkpoints in the first place


Published: 19th Aug 2012

  

 

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