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Please find all details of up and coming events, seminars, news, publications and articles from the members of 4-5 Gray’s Inn Square.

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Articles & Publications

Decree No 34 of 2021 Concerning the Dubai International Arbitration Centre: Two Years On: Some Practical Issues

Two years ago, Dubai enacted Decree 34 of 2021[1] (the “Decree”)which abolished the Dubai International Financial Centre (‘DIFC’) Arbitration Institution (“DAI”) and the Emirates Maritime

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R(ota Imam) v Croydon LBC [2022] UKSC 45 - Annette Cafferkey

R(ota Imam) v Croydon LBC [2022] UKSC 45 How to decide whether a mandatory order should be made in the context of homelessness.   Annette Cafferkey has written an article

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Essential Doctrines of International Law. A tribute to the Law School of the Bolivarian University of Chile

Dr Arun Kasi co-authors "Essential Doctrines of International Law. A tribute to the Law School of the Bolivarian University of Chile", published last month in Chile in the

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The Renters Reform Bill - Where are we now?

The Renters Reform Bill had its second reading in the House of Commons on Monday, October 23rd 2023. To follow up on her comprehensive breakdown of the reform and what the

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CA GRANTS ASI SUPPORTING FOREIGN SEATED ARBITRATION

In his latest commercial, maritime and arbitration law bullet points, Kishore Sharma looks at DEUTSCHE BANK AG V RUSCHEMALLIANCE LLC [2023] EWCA Civ 1144, CA, 11 October 2023 You can see the full review

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The FCA’s power to cancel or vary Part 4A permissions where these are not being used

Rowena Wisniewska Sethi and Akash Gohil have co-authored an article for Lexis Nexis: 'The FCA’s power to cancel or vary Part 4A permissions where these are not being

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Operation resilience: what is it and why does it matter?

Operational resilience is the ability of firms and the financial sector as a whole to prevent, adapt, respond to, recover and learn from operational disruptions. That is, operational disruptions to

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Upper Tribunal dismisses appeal challenging SIPP VAT liability (Intelligent Money v HMRC)

Rowena Wisniewska Sethi produced a LexisNexis News Analysis 'Upper Tribunal dismisses appeal challenging SIPP VAT liability (Intelligent Money v HMRC)'.  Read the full analysis here (subscription

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DWP consultation response: Extending opportunities for Collective Defined Contribution (CDC) Pension Schemes

Rowena Wisniewska Sethi produced a LexisNexis News Analysis 'DWP consultation response: Extending opportunities for Collective Defined Contribution (CDC) Pension Schemes'.  Read the full analysis here (subscription required). 

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Reform of the 1996 Arbitration Act: What To Expect

The UK's Arbitration Act 1996 is set for its first major update in decades. The UK Law Commission recently wrapped up a review of the legislation, which governs arbitration proceedings

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Consultation on Permitted Development - Relaxing the Rules

On Monday 24 July 2023, the Secretary of State for Levelling Up, Housing and Communities, Michael Gove, announced new proposals from the Government to support housing development. The focus is on brownfield

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Article - Highways in a Climate Crisis

Vivienne Sedgley and Simon Randle have put together the attached update "Highways in a climate crisis" following the R (Boswell) v (1) Secretary of State of Transport and (2)

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SMCR reform: proposals for change in challenging times

Nikesh Pandit and pupil barrister Akash Gohil publish article for The Institute of Chartered Accountants in England and Wales examining the Government’s proposed review of the Financial

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Rowena Wisniewska of 4-5 Gray’s Inn Square has contributed to the 2023 The Law Society’s Report on Blockchain Legal & Regulatory Guidance, Third Edition.

You can see Rowena Wisniewska's piece at Annex 2 of the report. This Appendix has been created further to the UK Law Commission’s advice to the government

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A Day to Remember - Withdrawing Election Petitions by Imogen Sadler

4-5's Imogen Sadler has written an article for the Association of Electoral Administrators for their summer 2023 magazine edition. You can read the full article here.

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Upper Tribunal dismisses privacy applications (Kingsbridge Capital Advisers Ltd v FCA)

Upper Tribunal dismisses privacy applications (Kingsbridge Capital Advisers Ltd v FCA) What are the practical implications of this case? What was the background? What did the court decide? Case details

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The Renters Reform Bill

The Renters (Reform) Bill was published on 17 May 2023. It represents the biggest statutory reform in relation to residential tenancies since the Housing Act 1988. Read on for a detailed break down

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Protected trees and nuisance

Elizabeth Nicholls has written an article on the issue of protected trees causing a nuisance for the Arboricultural Association. The article discusses what can be done to abate the nuisance

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Hague/Hague-Visby Rules and Common Law Doctrine of Stages A revisit to The “Makedonia” [1962] 1 Lloyd’s Rep 316 - Dr. Arun Kasi

Dr. Arun Kasi, 4-5 Gray's Inn Square    This article  (in the same or a different version) previously appeared on Lloyd’s Shipping & Trade

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Payment of Kidnap & Ransom Insurance Premium by Charterer and Relief for Cargo of General Average Contribution Liability: The “Polar” [2021] EWCA Civ 1828 - Dr. Arun Kasi

Dr. Arun Kasi, 4-5 Gray's Inn Square   This article (in the same or a different version) previously appeared on Lloyd’s Shipping & Trade Law, Vol. 21,

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A Revisit to The “Ocean Virgo” [2015] EWHC 3405 (Comm) - Dr. Arun Kasi

Dr. Arun Kasi, 4-5 Gray's Inn Square   This article (in the same or a different version) previously appeared on Lloyd’s Shipping & Trade Law, Vol. 21,

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Bottom Fouling: Whose head it falls on? Dr. Arun Kasi

Dr. Arun Kasi, 4-5 Gray's Inn Square   This article (in the same or a different version) previously appeared on Lloyd’s Shipping & Trade Law, Vol. 21,

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WRC or Deck Log? Dr. Arun Kasi

Dr. Arun Kasi, 4-5 Gray's Inn Sqaure    This article (in the same or a different version) previously appeared on The Maritime Executive, 29 September 2021 and The

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‘WOG’ Danger in Speed-Consumption Warranties - Dr. Arun Kasi

Dr. Arun Kasi, 4-5 Gray's Inn Square   This article (in the same or a different version) previously appeared on The Maritime Executive, 16 September 2021 and The Marine

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The ‘About’ Margin in Speed-Consumption Warranty - Dr. Arun Kasi

Dr. Arun Kasi, 4-5 Grays Inn Square    This article (in the same or a different version) previously appeared on The Marine Law Box, No. 5, August, 2021. The speed-consumption warranty

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Hire Deductions and Reductions: Implications of Resorting to the Self-Help Remedy? By Dr. Arun Kasi

Dr. Arun Kasi, 4-5 Gray's Inn Square   This article (in the same or a different version) previously appeared on The Splash 247, 15 September, 2021 and The Marine Law

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Time Charter: Speed Claim or Off-Hire Claim? By Dr. Arun Kasi

Dr. Arun Kasi, 4-5 Gray's Inn Square    This article (in the same or a different version) previously appeared on The Maritime Executive, 13 August, 2021 and The

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Performance Claims under NYPE 1946 and 1993 (Time Charter): Establishing and Extrapolating

Dr. Arun Kasi, 4-5 Gray's Inn Square   This Article (in the same or a different version) previously appeared on The Maritime Executive, 18 July, 2021 and The Marine

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Time counts, but in which time zone? Article by Dr. Arun Kasi & Omkar Joshi

Dr. Arun Kasi, 4-5 Gray's Inn Square & Omkar Joshi, MFB Solicitors    In maritime contracts, to determine the method of calculating time limit, it is helpful to

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Kish Sharma from 4-5’s Commercial and Shipping Group provides an update on the new Court of Appeal Judgment

Kish Sharma from 4-5's Commercial and Shipping Group provides an update on the new Court of Appeal Judgment on insurable interest which was handed down on the 21st

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Consultation on VFM metrics, standards and disclosures for DC pension schemes—key aspects and implications

Rowena Wisniewska-Sethi examines the consultation and its implications.  Please read the full analysis here.

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How the courts deal with financial remedies in a short marriage

Alexander Bunzl has written an article on 'How the courts deal with financial remedies in a short marriage' which has been published on Family Law Week. You can read the

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A question of identity - voter identification

Rupert Beloff, barrister, at 4-5 Gray's Inn Square has written an article for the Spring edition of the Association of Electoral Administrators magazine. This article is intended to

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Compulsory Purchase Webinar materials

The session covered was presented by Timothy Straker KC and Vivienne Sedgley and covered: Why might there be a reluctance to make use of CPOs and  how can

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Delegation to third party was not reasonable excuse for failure to pay pension contributions under auto-enrolment (Café Piano v The Pensions Regulator)

Delegation to third party was not reasonable excuse for failure to pay pension contributions under auto-enrolment (Café Piano v The Pensions Regulator) What are the practical implications of this

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Housing eflash: R (oao Oday Yabari) v The Lord Mayor and Citizens of the City of Westminster [2023] EWHC 185 (Admin)

R (oao Oday Yabari) v The Lord Mayor and Citizens of the City of Westminster [2023] EWHC 185 (Admin)   The High Court held that a local housing authority was in principle

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Case Note - Maersk v Mercuria [2022] 2 Lloyd’s Rep 95

Kishore Sharma and Dr. Arun Kasi have written a case note on the matter of Maersk v Mercuria [2022] 2 Lloyd's Rep 95. A cargo claimant brought court proceedings in Turkey

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High Court refuses Group Litigation Order (Moon and others v Link Fund Solutions)

Financial Services analysis: The High Court has refused an application for a Group Litigation Order (GLO) made pursuant to CPR 19.11 by two groups of claimants who said that their claims,

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The “Thorco Lineage” [2023] EWHC 26 (Comm): Hague-Visby Rules liability limitation extends to economic loss; The “Limnos” [2008] 2 Lloys’d Rep. 186 not followed

Art IV r 5(a) of the Hague-Visby Rules limits the liability of the carrier “for any loss or damage to or in connection with the goods” to the

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Foundations for a fairer future

Developing the careers of female barristers through fairer work distribution and reducing the gender income gap – Amanda Pinto KC and Selena Jones distill the six key building blocks emerging

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SIPP administrators and due diligence on introducers (Options UK Personal Pensions v Financial Ombudsman Service)

The Administrative Court has refused a SIPP administrator permission to bring judicial review proceedings in respect of a Financial Ombudsman Service (FOS) decision upholding a complaint by an individual who

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MLD5 beneficial ownership transparency (WM v Luxembourg Business Registers)

In her latest article, Rowena Wisniewska Sethi talks about MLD5 beneficial ownership transparency (WM v Luxembourg Business Registers), including: What are the practical implications of this case? What was

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How to clamp down on vexatious litigants

Alexander Bunzl has written an article on 'How to clamp down on vexatious litigants' which has been published in the Law Society Gazette. You can read the full article here.

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Housing eflash: Rowe v. Haringey LBC [2022] EWCA Civ 1370

4-5 Housing eflash Rowe v. Haringey LBC [2022] EWCA Civ 1370 Arnold, Stuart-Smith, and Nugee LJJ 21 October, 2022 The Court of Appeal held that the overcrowding provisions in the Part X Housing Act 1985

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Housing eflash: Abdikadir v. Ealing LBC [2022] EWCA Civ 979

Abdikadir v. Ealing LBC [2022] EWCA Civ 979   The Court of Appeal held an out of area placement was unlawful because the local housing authority had not searched for accommodation in

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LexisNexis Case Analysis - Intelligent Money Limited v HMRC by Rowena Wisniewska Sethi

4-5 regulatory barrister Rowena Wisniewska Sethi writes LexisNexis case analysis on the recent ruling of the First-Tier Tribunal (Tax Chamber) in the case of Intelligent Money Limited v HMRC. The

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Operational Resilience applicable to regulated firms: what is it, what should you already have done and what do you need to do now?

Wendy Saunders of Lewis Silkin and Rowena Wisniewska Sethi of 4-5 Gray's Inn Square have published an article on regulatory requirements and

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Zahor Khan -v- Tariq Mehmood [2022] EWCA Civ 791 - Toby Vanhegan

Zahor Khan -v- Tariq Mehmood [2022] EWCA Civ 791   The Court of Appeal has held that general damages for breach of a repairing covenant are subject to the Simmons v. Castle 10%

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Page v The Financial Conduct Authority - Rowena Wisniewska

LexisNexis have published a case analysis on the case of Page v The Financial Conduct Authority. The judgment concerned the pension switching activities of IFAs who outsourced their pension advice

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Duke of York - Imogen Sadler

The Duke of York Imogen Sadler 4-5 Gray’s Inn Square   In celebration of his wedding to Sarah Ferguson on 23 July 1986, the Duke of York was voted the

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‘New Planning Bill: Levelling-up and Regeneration’ - Simon Randle and Vivienne Sedgley

New Planning Bill: Levelling-up and Regeneration Simon Randle and Vivienne Sedgley    The new Levelling-up and Regeneration Bill was published on 11 May 2022. This article highlights

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Fast Track Wind Farms? The Government’s proposal and possible pitfalls

On 7 April 2022, the Government published its new British energy security strategy. The Strategy proposes to accelerate the deployment of wind, new nuclear, solar and hydrogen, whilst supporting the production

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Housing eflash - Mrs Michelle Biden v Waverley Borough Council

Mrs Michelle Biden v Waverley Borough Council [2022] EWCA Civ 442  Macur, Asplin and Coulston L.JJ 1 April 2022   The Court of Appeal has held that a local authority, when

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Use a contractual clause to determine a fixedterm secure tenancy (Croydon London Borough Council v Kalonga)

Croydon London Borough Council (Appellant) v Kalonga (Respondent) [2022] UKSC 7 Local Government analysis: The Supreme Court has held that to obtain a possession order of any secure tenancy during a fixed

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Croydon London Borough Council (Appellant) v Kalonga (Respondent) [2022] UKSC 7

Croydon London Borough Council (Appellant) v Kalonga (Respondent) [2022] UKSC 7 Anneli Robins appeared as junior counsel for the tenant Respondent. Read the full e-flash here, covering the result of

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Storm in a treetop? By Elizabeth Nicholls

Following the recent storms that have hit record levels within the UK, many people have been affected. One of the most common issues experienced is that of trees falling or

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Minott v Cambridge City Council

Minott v Cambridge City Council [2022] EWCA Civ 159 Court of Appeal Underhill, Lewison, Macur LLJ 18 February 2022   The Court of Appeal has held that when a housing authority – having

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How to develop housing with sustainable transport links - Simon Randle and Vivienne Sedgley

Introduction Large greenfield housing developments are reported to be worsening car dependency, at a time of a climate emergency and contrary to National Planning Policy. The Building Car Dependency report

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The Police have a Duty to Protect the Public, but what about Protecting Me? An article written by Charlotte Crocombe

The Police have a Duty to Protect the Public, but what about Protecting Me? Charlotte Crocombe, 4-5 Gray’s Inn Square 01 February 2022   In Tindall v Chief Constable

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Kent County Council v P & Anor [2022] EWCOP 3

Kent County Council v P & Anor [2022] EWCOP 3.   Court of Protection rules that health and welfare proceedings should be opened to the public despite ongoing police investigations into neglect

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Caroline Kenny QC has published an article in Chartered Institute of Arbitrators (CIArb)‘s Journal

A Comparison of Singapore and Hong Kong’s Third-Party Funding Regimes to England and Australia Click here to read the article For any enquiries or if you would like

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A Comparison of Singapore and Hong Kong’s Third-Party Funding Regimes to England and Australia - Caroline Kenny QC

A Comparison of Singapore and Hong Kong’s Third-Party Funding Regimes to England and Australia An article written by Caroline Kenny QC, a member of 4-5's International Arbitration

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Landscapes Review: Proposed changes

By Simon Randle and Vivienne Sedgley  Click here to read the full article 

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Hajjaj v City of Westminister; Akhter v Waltham Forest London Borough Council [2021] EWCA Civ 1688

In this analysis, first published by Lexis®PSL's expert panel on 25 November 2021, written by Ian Peacock and Anneli Robins a full case

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E-flash: Kensquare Limited v Mary Adwoa Akyaa Boakye [2021] EWCA Civ 1725

Kensquare Limited v Mary Adwoa Akyaa Boakye [2021] EWCA Civ 1725 Newey, Stuart-Smith and Andrews L.JJ   The Court of Appeal has held that the presumption time is not of the

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R (on the application of Ibrahim) v Westminster City Council [2021] EWHC 2616 (Admin)

Please read full article here

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R (on the application of Kalonga) v Croydon London Borough Council [2021] EWHC 2174 (Admin)

Please read the full article here

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Greenwashing: rising regulatory temperature for financial services

In advance of COP26 starting on Sunday, Nikesh Pandit, regulatory barrister at 4-5 Gray’s Inn Square, and Alessia de Quincey, solicitor advocate at Boies Schiller Flexner LLP, have

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4-5 Housing Eflash - changing notice periods - Annabel Heath

4-5 Housing Eflash   Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021 (SI 2021/994) In response to the Covid 19 pandemic, by Coronavirus Act 2020, Sch.29, the Government implemented an

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Planning Reform: Wholesale changes put on hold

Planning Reform: Wholesale changes put on hold Simon Randle and Vivienne Sedgley Click here to read the full article

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Love thy neighbour?  By Elizabeth Nicholls for the Arboricultural Association magazine

Love thy neighbour? A sad story of neighbours at war When a serious dispute arises between neighbours, it can quickly result in them going ‘to war’ with eachother.

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Planning to improve the environment: The Environment Bill

Planning to improve the environment: The Environment Bill Simon Randle and Vivienne Sedgley Click here to read the full article.

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Direct award of government contract to ‘Public First’ unlawful

Direct award of government contract to 'Public First' unlawful: R (on the application of Good Law Project Ltd) v Minister for the Cabinet Office [2021] EWHC 1569 (TCC). Siân

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Mediation – Don’t panic in the Pandemic – be prepared

Mediator Colin Manning, in Counsel magazine. Mediation – Don’t panic in the Pandemic – be prepared.   Click here to read full article.

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Permission granted in judicial review challenge to antibody test procurement

Permission granted in judicial review challenge to antibody test procurement: Good Law Project v Secretary of State for Health and Social Care (Defendant) and Abingdon Health (Interested Party) [2021] EWHC 844 (TCC).

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HMO Landlords Face Unlimited Fines Under New Fire Regulations – article by Tanveer Qureshi

HMO Landlords Face Unlimited Fines Under New Fire Regulations Landlords and managing agents of houses in multiple occupation (HMO) could face unlimited fines under new measures to be included in

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Court of Appeal success for Iain Colville - The Court of Appeal holds that there can only be one subsisting decision on the duty owed under Part 7 of the Housing Act 1996

Ngnoguem v Milton Keynes Council [2021] EWCA Civ 396   In Ngnoguem v Milton Keynes Council [2021] EWCA Civ 396 the Court of Appeal held that a late review decision is not merely a

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“You don’t have the votes!” - Tanveer Qureshi and Katharine Elliot

“You don’t have the votes!” Challenging political election results in England & Wales Tanveer Qureshi and Katharine Elliot, 4-5 Gray’s Inn Square 1. Imagine. The

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‘No Go’ For Offshore Wind Farm DCO - Simon Randle and Vivienne Sedgley

‘NO GO’ FOR OFFSHORE WIND FARM DCO Simon Randle and Vivienne Sedgley 4-5 Gray’s Inn Square Summary A local resident has successfully challenged the Secretary of

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Article in Arena Magazine on ‘The Pre-Election Period or Purdah’

The Pre-Election Period or Purdah By Sappho Dias and Rupert Beloff, 4-5 Gray’s Inn Square The pre-election period, or purdah, is a time of heightened sensitivity in respect

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R (Minott) v Cambridge City Council [2021] EWHC 211 (Admin)

In R(Minott) v. Cambridge City Council [2021] EWHC 211 (Admin), the High Court held that unlawful occupation of homelessness temporary accommodation is not normal residence and therefore cannot establish a

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The Financial Services Sector Has The Power To Help Eradicate Modern Slavery

Tanveer Qureshi has written an article addressing the financial sector’s response to modern slavery in light of the UK Independent Anti-Slavery Commissioner’s report. Click here

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How should the Magistrates’ Court guarantee fair participation by incapacious respondents to closure order proceedings?

Incapacious respondents to closure order proceedings: Ealing LBC v M How should the Magistrates' Court guarantee fair participation by incapacitous respondents to closure order proceedings? Siân

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In Taylor v. Slough BC [2020] EWHC 3520 (Ch), the High Court held that in possession proceedings brought by a local authority, a breach of the public sector equality duty (“PSED”) at an early stage, c

In Taylor v. Slough BC [2020] EWHC 3520 (Ch), the High Court held that in possession proceedings brought by a local authority, a breach of the public sector equality duty ("

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Christopher Baker defends the interpretation and operation of a local authority’s housing allocation scheme in the Court of Appeal, in relation to an applicant in statutorily overcrowded accommodation

CHRISTOPHER BAKER defends the interpretation and operation of a local authority’s housing allocation scheme in the Court of Appeal, in relation to an applicant in statutorily overcrowded accommodation.

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Trump’s challenges to the US election: What would happen here?

Trump’s challenges to the US election: What would happen here?   In light of the recent challenges to the US presidential election, Richard Price OBE QC and Vivienne

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Ms Kaltun Bullale v City of Westminster Council [2020] EWCA Civ 1587

Ms Kaltun Bullale v City of Westminster Council [2020] EWCA Civ 1587 Court of Appeal 25 November 2020 Before Bean, King & Lewis LJJ   Ian Peacock and Anneli Robins of 4-5 Gray&rsquo

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In Bankole Jones v. Watford Borough Council [2020] EWHC 3100 (Admin), the High Court held that rough sleepers were not in priority need because of the Covid 19 pandemic.

Mr Toby Vanhegan appeared for the appellant in the High Court.     The appellant is 29 years old with mental health issues. In July 2019 he had to

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For COVID’s sake, get me to the polls on time!

Current law regarding local authority change of governance referendums, including in light of the COVID-19 pandemic. By Timothy Straker QC and Katharine Elliot, 4-5 Gray’s Inn Square To

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Did the Court of Appeal kill the PSED?

Luton Community Housing Limited v Durdana [2020] EWCA Civ 445; March 26, 2020 McMahon v Watford Borough Council & Kiefer v Hertsmere Borough Council [2020] EWCA Civ 497; [2020] PTSR 1217; April 8, 2020 In his review of the

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The Health Protection (Coronavirus, Restrictions) (Self-isolation) (England) Regulations 2020

Alexandra Sidossis, Rosalee Dorfman Mohajer and Amrit Kaur Dhanoa consider the new regulations created on Sunday 27 September 2020 and which came into effect today, Monday 28 September 2020. The

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The Master of the Rolls has distributed the overall arrangements for possession proceedings in England and Wales

The Master of the Rolls has distributed the overall arrangements for possession proceedings in England and Wales   Following the lifting of the stay on possession proceedings on 20 September 2020, the

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Nikesh Pandit @ 4-5 co-authors article on the often tricky and broad financial services regulated activity of ‘making arrangements with a view to transactions in investments’ (Article 25(2) RAO).

Nikesh Pandit, member of 4-5’s Regulatory, Professional Discipline and Business Crime team, and Kristen DiLemmo, financial regulation associate at White & Case LLP, co-author article on the often

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Point 4-5, Commercial, Maritime & Arbitration law newsletter

If you would like to subscribe to POINT 4-5 & receive all the latest case law updates, please email marketing@4-5.co.uk  

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Local Authority Powers: Coronavirus Update

Local Authority Powers: Coronavirus Update 'Part 2A Public Health Orders Jonathan Manning and Siân McGibbon   As the UK emerges from lockdown, and as local spikes start to

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The Impact of COVID-19 on Landlords of Students Occupying HMOs

Click here to read the full article.

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Point 4-5, Commercial, Maritime & Arbitration law newsletter

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Planning reform: The Prime Minister’s proposals

Planning reform: The Prime Minister's proposals Simon Randle, Vivienne Sedgley and Iulia Saran   The Prime Minister has announced reforms under the heading “Build, build, build”. This

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Employment Law Webinar Series

The nuts and bolts of Employment Law during COVID-19: a webinar series tackling employment law issues in the context of the pandemic   4-5 Gray’s Inn Square presents

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Coronavirus has affected the UK property market in a number of ways

Coronavirus has affected the UK property market in a number of ways Rea Murray and Philippa Seal 4-5 Gray's Inn Square   Click here to read the full article.

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