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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

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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‘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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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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Planning reform: A New Era

Planning reform: A New Era Simon Randle, Vivienne Sedgley and Iulia-Claudia Şaran   Click here to read the full article.

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Point 4-5, Commercial, Maritime & Arbitration law newsletter (sixth edition)

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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Sunday trading and outside service of food and drink.

Sunday trading and outside service of food and drink. Simon Randle and Vivienne Sedgley   Click here to read full article.

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Virtual Mediation vs. Virtual Arbitration in the COVID-19 era

Forethoughts @ 4-5 Virtual Mediation vs. Virtual Arbitration in the COVID-19 era.   Click here to watch    

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Tax Investigations and prosecutions – Post Covid

“Tax Investigations and prosecutions – Post Covid” A joint initiative between Bird & Bird and 4-5 Gray's Inn Square The first in a series of seminars jointly

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Planning and re-starting the housing market

Simon Randle, Vivienne Sedgley and Katharine Elliot analyse government measures to restart the housing market and how they impact on the planning system. The Housing Secretary published a plan to

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R (Flores) v Southwark LBC [2020] EWHC 1279 (Admin) Administrative Court, 20 May 2020, Martin Spencer J

Christopher Baker successfully defends a Judicial Review claim challenging the operation of a local authority’s housing allocation scheme in relation to an applicant in statutorily overcrowded accommodation.  

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Compulsory Purchase in the time of Coronavirus – an update

Compulsory Purchase in the time of Coronavirus – an update Simon Randle, Vivienne Sedgley & Katharine Elliot   Click here to read.

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PLANNING AND CORONAVIRUS: AN UPDATE

PLANNING AND CORONAVIRUS: AN UPDATE Simon Randle and Katharine Elliot 4-5 Gray’s Inn Square   On 13 May 2020, the Housing Secretary made a statement setting out in greater detail

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Point 4-5, Commercial, Maritime & Arbitration law newsletter (Fifth edition)

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Compulsory Purchase in the time of Coronavirus

 

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Point 4-5, Commercial, maritime & arbitration law newsletter (fourth edition)

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Planning and re-starting the housing market

PLANNING AND RE-STARTING THE HOUSING MARKET Simon Randle and Vivienne Sedgley 4-5 Gray’s Inn Square     Click here to read.  

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Point 4-5, Commercial, maritime & arbitration law newsletter (third edition)

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Homelessness Law & Practice: Covid-19 Update

Homelessness Law & Practice: Covid-19 Update The Covid-19 pandemic poses unique and urgent risks to the homeless population. Siân McGibbon examines the key measures which have been

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Regulating the Front Line: Covid-19 and Healthcare Regulation - ARTICLE 3

In the final article in this series of 3, Regulating the Front Line, Richard Price OBE QC, Vivienne Sedgley and Rosalee Dorfman Mohajer discuss the indemnities in place for clinical negligence

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Point 4-5, Commercial, maritime & arbitration law newsletter (second edition)

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Regulating the Front Line: Covid-19 and Healthcare Regulation - Article 2

ARTICLE TWO: Regulating the Front Line: Covid-19 and Healthcare Regulation. Richard Price OBE QC and Rosalee Dorfman Mohajer. In the second article in this series of 3, Regulating the Front Line,

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Arkin v Marshall - Court of Appeal

Annette Cafferkey discusses the case of Arkin v Marshall which is due to be heard by the Court of Appeal tomorrow (April 30).  "Have housing possession cases

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Regulating the Front Line: Covid-19 and Healthcare Regulation.

Regulating the Front Line: Covid-19 and Healthcare Regulation. By: Richard Price OBE QC and Rosalee Dorfman Mohajer. In the first article in this series of 3, Regulating the Front Line,

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Residential Possession Proceedings: Coronavirus Lockdown

Residential Possession Proceedings: Coronavirus Lockdown By: Andrew Dymond     Click here to read: Residential Possession Proceedings article. 

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Local Authorities’ other enforcement powers - Coronavirus Q&A

Local Authorities’ other enforcement powers - Coronavirus Q&A By Jonathan Manning and Siân McGibbon   Click here to read: Coronavirus Q&A 

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POINT 4-5: Commercial, maritime and arbitration law bullet points (first edition)

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The Coronavirus Act 2020 and Adult Social Care

Introduction   This note is intended to assist local authorities when considering their Care Act 2014 duties following the Coronavirus Act 2020 (“The Act”) coming into force on 3 March 2020[1]. The

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The Role of the Electoral Commission in Ensuring ‘Intelligibility’ of Referendum Questions

Ian Peacock and Sián McGibbon have written an article for Arena Magazine's January 2020 edition which looks at 'The Role of the Electoral Commission in Ensuring ‘Intelligibility

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Bolton Fire Highlights Ongoing High-Rise Health And Safety Issues

It could easily have been another Grenfell Tower. On Friday, 15 November 2019, over 100 people were forced to flee The Cube in Bolton, Greater Manchester, after a fire broke out and

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Grimes and Punishment: The Electoral Commission, campaign expenditure and civil penalties

Introduction On 19 July 2019, His Honour Judge Dight gave judgment in the case of Darren Grimes v The Electoral Commission, an appeal against a £20,000 financial penalty imposed upon Mr Grimes

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Mediating Contested Wills Claims - Patrick Taylor

“Mediation is not just about one side getting what they want. That is a misconception...” HHJ Catherine Newman QC.   I am regularly appointed to mediate disputes about

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Rosalee Dorfman Mohajer DLA Briefing 921 - Right to rent scheme declared unlawful as it causes discrimination in the provision of housing

R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department; Interveners: (1) Residential Landlords Association (2) Equality and Human Rights Commission (3) Liberty [2019] EWHC 452 (Admin); March 1, 2019

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Toby Vanhegan DLA Briefing 915 - The way forward for the PSED?

Forward v Aldwyck Housing Group Limited [2019] EWCA Civ 1334; July 29, 2019 This case note discusses Forward v Aldwyck Housing Group Limited and the legal implications of breaching the s149 Equality Act 2010 (EA)

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Rea Murray DLA Briefing 912 - Supreme Court dismisses appeals against housing benefit cap

R (on the application of DA and others) (Appellants) v Secretary of State for Work and Pensions (Respondent); and R (on the application of DS and others) (Appellants) v Secretary

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Section 106 of the Representation of the People Act 1983 – the personal versus the political.

by John McCafferty, Clara Zang and Rosalee Dorfman Mohajer Introduction This article considers the caselaw relating to the prohibition of false statements about another candidate in Council and Parliamentary

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“Forcing” a party to engage in ADR (Mediation)

Colin Manning - Mediator We all know, don’t we, that parties in dispute cannot be compelled to engage in mediation. As a general proposition, that is correct.

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Electoral Petitions:  A Case in Favour of the Law Commission’s Proposals for Reform

Timothy Straker QC & Amrit Kaur Dhanoa Electoral Law in the UK has become complex, voluminous and fragmented. Following much debate on the subject, and having monitored the

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E-Flash R (Z and others) v (1) Hackney LBC and (2) Agudas Israel Housing Association [2019]

  Christopher Baker and Rea Murray of 4-5 Gray’s Inn Square secured a landmark victory in the Court of Appeal for an Orthodox Jewish, charitable housing association, successfully

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E-Flash Samuels v Birmingham City Council

Samuels v Birmingham City Council Supreme Court Lady Hale, President, Lord Carnwath, Lady Black, Lord Lloyd-Jones, Lord Kitchin [2019] UKSC 28 12 June 2019   The Supreme Court has held that when assessing the

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Public Law Group holds first conference for Lawyers in Local Government on Homelessness, Housing & Allocations

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Mediation In Public Law Cases - Toolkit Part 3 and Road Map

We are delighted to share part 3 of our 3-part toolkit and road map, designed to assist public bodies, organisations, individuals and their respective lawyers

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E-FLASH London and Quadrant Housing Trust v Patrick [2019] EWHC 1263

In London and Quadrant Housing Trust v Patrick [2019] EWHC 1263 the High Court dismissed an appeal in which the appellant, Mr Patrick, contended that it was wrong to make a possession

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Mediation in Public Law Cases - Toolkit Part 2

We are delighted to share part 2 of our 3-part toolkit and road map, designed to assist public bodies, organisations, individuals and their respective lawyers

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Mediation in Public Law Cases - Toolkit Part 1

  We are delighted to share part 1 of our 3-part toolkit and road map, designed to assist public bodies, organisations, individuals and their respective lawyers

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EA exemption for charities and positive action meant no unlawful discrimination

Rea Murray writes for the Discrimination Law Association, including case summary of R (Z and others) v (1) Hackney LBC and (2) Agudas Israel Housing Association [2019] EWHC 139

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E-Flash R (Z and others) v (1) Hackney LBC and (2) Agudas Israel Housing Association [2019] EWHC 139 (Admin)

Christopher Baker and Rea Murray of 4-5 Gray’s Inn Square secured a landmark victory in the Divisional Court for an Orthodox Jewish, charitable housing association accused of unlawful

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Homes fit for human habitation - is the new law a turning point?

The Homes Fit for Human Habitation Act is on the statute book. But what is it for? What does it do? And will it work? Karen Buck MP, who guided

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Hyperandrogenism and the IAAF’s Eligibility Regulations for Female Classification - Fair, Meaningful or Necessary?

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Joinder of non-parties to an arbitration, September 2018

An arbitration agreement binds formal signatories to a contract. We all know that parties’ consent is the foundation of any international arbitration. Article II of the New York Convention

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Lexis Nexis seminar on Challenges to Arbitration Rulings, July 2018

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Supreme Court delivers verdict on landmark ‘Brexit’ case

The Supreme Court delivered judgement in the case of R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 on 24th January 2017. It ruled by a majority of 8:3

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Interim reliefs in international arbitration, September 2017

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Jane Lambert Contributes to Helen Tse’s book on Brexit

Jane Lambert has contributed to Helen Tse’s book on Brexit.

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