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16 January 2015
Issue: 7636 / Categories: Case law , Law digest , In Court
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Landlord & tenant

Charalambous and another v NG and another [2014] EWCA Civ 1604, [2014] All ER (D) 175 (Dec)

The tenants had paid a deposit for a property under the terms of their tenancy agreement. Subsequently, the statutory tenancy deposit scheme was introduced, but the deposit was never placed in such a scheme. The landlady purported to serve notice to quit under s 21 of the Housing Act 1988 and the tenants challenged the validity of that notice because of the failure to comply with the statutory deposit scheme. The Court of Appeal, Civil Division, held that s 215 of the Housing Act 2004, as amended by the Localism Act 2004 and enacting Order, had not been retrospective in their operation and, since the tenants’ deposit had never been kept in an authorised scheme, the possession notice had been invalid.

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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