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Owain Rhys James appointed Deputy District Judge

 

Chambers is delighted to announce that Owain Rhys James has been appointed by the Lord Chief Justice to sit as a Deputy District Judge. He will sit on the Wales Circuit and will hear cases through the medium of Welsh and English.

Owain's pracice is predominantly in the areas of commercial and construction; chancery and property, public law; and employment. He regularly sits as a Judicial Officer ina sports discplinary context and has experience of employment disciplinary hearings. He will contine to practise whilst fulfilling his part-time judicial responsibilities.

Elizabeth Marshall writes further on Welsh Housing Law

PRACTICE DIRECTION 51Z – AMENDMENT AND APPLICATION 

 

Further to Rachel Anthony’s observations on PD51Z (April 2020), practitioners might find it useful to know that the Practice Direction has already been amended, clarified, applied in Court, and appealed. 

 

Amendment 

On 20 April 2020, PD51Z was amended. A new Section 2A excludes the following from the automatic 90 day stay from 26 March 2020: 

i. applications for case management directions, where directions are agreed by the parties; 

Civitas Law Housing Team act in forthcoming Court of Appeal case on the interpretation of section 7 of the Housing (Wales) Act 2014.

The appeal distils to the following issue: should s7 of the Housing (Wales) Act 2014 (‘the 2014 Act’) be interpreted so as to require a Landlord of a property in Wales to be licensed in order to serve a valid notice pursuant to section 8 Housing Act 1988 (‘a section 8 Notice’)?

Special Educational Needs Tribunal for Wales’ first online hearing.

Cathrine Grubb represented the local authority in the first hearing of the Special Educational Needs Tribunal for Wales to take place online. 

Rachel Anthony writes on Covid-19 and Residential Tenancies in Wales

Practice Direction 51Z came into effect on 27.3.20, with the effect that all proceedings brought under CPR 55, together with proceedings seeking to enforce possession by a warrant or a writ of possession, are automatically stayed for a period of 90 days, from 27 March 2020. The Practice Direction ceases to have effect on 30.10.2020. That, coupled with Schedule 29 Coronavirus Act 2020, may mean a quieter few months for Housing Practitioners. 

Owain Rhys James appears in Welsh-medium judicial review - Owain Rhys James yn ymddangos ger bron yr Uchel Lys drwy gyfrwng y Gymraeg

R (ar gais AA, BB, CC, ac DD) v Cyngor Gwynedd ag eraill

R (on the application of AA, BB, CC, ac DD) v Gwynedd Council and Ors

 

An Important Notice Regarding Coronavirus (COVID-19)

Civitas Law would like to reassure all clients that we continue to provide a full level of service throughout this difficult time. Chambers is closely monitoring the Government advice regarding COVID-19 and has implemented a number of measures to ensure that we can continue to provide our services to the same high standards whilst working to ensure the protection of health and safety. Key to this is the implementation of remote working for both staff and members of Chambers, as well as adapting to provide conferencing and advisory services via telephone and/or video link.

Simon Hughes successfully defends appeal on limitation point in the High Court

Simon Hughes successfully defends appeal on limitation point in the High Court

 

12.03.20

 

Mr R Lad v 01408357 LTD and Entex LTD

 

Simon Hughes represented the fourth Defendant/first Respondent, 01408357 Limited in the High Court, appearing before The Hon. Mrs Justice Andrews.

 

Mr Hughes was co-defending alongside Mr Patrick Limb QC of Ropewalk Chambers, and the Claimant was represented by Alastair Wright of St John’s Buildings.

 

Simon Hughes and Isabelle Knight examine the recent Court of Appeal decision in Cowley v L.W. Carlisle Ltd [2020] EWCA Civ 227 and the implications of the same for Claimants and Defendants

Cowley v LW Carlisle & Company Ltd [2020] EWCA Civ 227

 

In an appeal before Lord Justice McCombe, Lord Justice Holroyde and Lord Justice Peter Jackson in the Court of Appeal, the Respondent successfully argued that the courts below were correct to grant a strike out application made on behalf of the dissolved defendant company.

 

The Court of Appeal also gave guidance to insurers of dissolved companies on how to proceed with claims where there has been no application to restore that company.

 

Simon Hughes represents successful Respondent in the Court of Appeal

Simon Hughes, instructed by Patrick McBrien of DWF Manchester, appeared for the successful Respondent before the Court of Appeal in Kevin Cowley v L. W. Carlisle & Co Ltd [2020] EWCA Civ 227. The judgment can be found on Bailii.

A summary of the decision may be found on Ian Meikle’s blog, The Injury Appeals Blog, here.

 

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