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News and Cases

Court of Appeal to rule on effect of Pensions Act 1995 s.67 in Buckinghamshire & Ors v Barnardo’s & Ors.

Court of Appeal to rule on whether substitution of an index alternative to RPI for purposes of pension scheme indexation and revaluation would breach the subsisting rights provisions of the Pensions Act 1995 s.67.

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Overriding interests: distinguishing a home from a residence

Jeremy Cousins QC recently appeared successfully for the bank in AIB Group(UK) plc v Maxine Turner-Hankinson [2015] EWHC 3994 (Ch), where one of the central issues in the case was whether an overriding interest had been established in respect of a cottage.

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Mark Mullen appointed as Deputy Bankruptcy Registrar

Mark Mullen has been appointed by the Lord Chief Justice as a Deputy Bankruptcy Registrar, sitting part-time in the High Court at the Rolls Building, Royal Courts of Justice, hearing insolvency and company law matters.

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Radcliffe Chambers becomes a member set of the COMBAR

Radcliffe Chambers is pleased to announce that we are now a Commercial Bar Association Set of Chambers.

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Season's Greetings from all at Radcliffe Chambers

This year, instead of sending Christmas cards, we have made a Christmas charity donation to the Social Mobility Foundation.

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Charity Tribunal decision: target shooting not a charitable sport

Mark Mullen represented the Charity Commission for England and Wales before the tribunal on an appeal by Cambridgeshire Target Shooting Association (“CTSA”) against the decision of the Commission not to register it as a charity.

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Indemnity costs secured for failure to engage in ADR

Stephen Acton has recently secured an indemnity costs order in the case of Browne v Swindon Borough Council against the local authority, following a successful claim for tree root damage suffered by the claimant’s house.

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Court of Appeal considers nature of tenant’s loss in claim for damages for landlord’s breach of covenant in Moorjani v Durban Estates [2015] EWCA Civ 1252

Simon Williams appeared for the successful appellant, Mansing Moorjani, whose claim for damages for breaches by his landlord of its covenants to insure the building and maintain the common parts had been rejected by the trial judge on the basis that he was not resident in the building for the periods in respect of which he claimed damages and could not therefore have suffered loss.

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Judgment in the Court of Appeal in County Leasing Asset Management Ltd & 5 ors v Mark Glenn Hawkes [2015] EWCA Civ 1251

Christopher Boardman appeared for the successful Appellants in this case, in which the Court of Appeal has provided guidance on the principles applicable to the Court’s discretion, when making an order for the restoration of a dissolved company, to order that the period of dissolution should not count for limitation purposes: aka a ‘limitation direction’.

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Judgment in Ascham Homes Ltd v Hassett Auguste [2015] EWHC 3517 (Ch)

Wendy Mathers appeared for the successful appellant in this appeal from the Deputy Pensions Ombudsman concerning the construction of “business efficiency” in Regulation 19 of the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 (SI 2007/1166) (as amended).

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