Archive | High Court

06 January 2011 ~ 0 Comments

Tenancy Deposit Schemes

A Recent High Court case has highlighted the obligations that are owed to a tenant under the terms of a Tenancy Deposit Scheme (TDS). The decision has significance for both landlords and their agents.
What is a TDS?
A landlord under an assured shorthold tenancy (AST) must protect a tenant’s deposit by using an authorised agency [...]

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24 November 2009 ~ 0 Comments

Social Landlords Beware

In a majority ruling the Appeal Court has upheld a High Court ruling that Housing Associations were public bodies and, therefore, were susceptible to claims under the Human Rights Act and that their decisions are open to Judicial Review.
The decision has ramifications for the country’s substantial number of registered social Landlords as it [...]

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08 October 2009 ~ 0 Comments

Injunctive Relief Enters the 21st Century

Recently Courts in New Zealand and Australia have permitted service of legal documents via Facebook, thus very much bringing their procedures into the 21st Century. In a recent High Court case, English Courts have joined the information revolution and made an Order for service of documents using the social networking medium ‘Twitter’.
Mr Blaney [...]

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08 October 2009 ~ 0 Comments

Default retirement age of 65 remains lawful – for the time being

The High Court has ruled that it is lawful for employers in the UK to oblige employees to retire at 65 even if those employees want to continue working.
However, the situation could soon change because the Government has brought forward a planned review of the Default Retirement Age (DRA). It will now begin next year [...]

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08 October 2009 ~ 0 Comments

Nirah Holdings Limited v British Agricultural Services Limited

In Nirah Holdings Limited v British Agricultural Services Limited and Hanson Building Products Limited [2009] EWHC 2282 (Comm), the High Court considered whether, under the terms of an option agreement, a landowner was entitled to refuse to enter into a section 106 agreement.
The local planning authority (LPA) had resolved that it was minded to grant [...]

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