Court of Appeal Grants Permission to Appeal in Livewest v Bamber 

The Court of Appeal has granted permission for a second appeal in the case of Livewest v Bamber [2018] EWHC 2454. This case concerns the correct interpretation and application of sections 21(1A) and 21(1B) of the Housing Act 1988 which apply to fixed term tenancies granted by registered providers of social housing. 

In a judgment of the High Court (Dingemans J) handed down on 27 September 2018 it was held that a 6 month notice in writing, as required by section 21(1B) of the Housing Act 1988, was not needed to end a fixed term tenancy of more than 5 years during the starter period of such a tenancy. 

Miss Bamber has been given permission to appeal against that decision by the Court of Appeal, who will consider later this year whether or not the approach taken by the High Court was correct. 

Miss Bamber is represented by Russell James of Magdalen Chambers and Cathy Morley of Shelter (Devon). 

We are celebrating having been selected to receive the Wellbeing certificate of recognition from the Bar Council

“Chambers is delighted to have been awarded the Bar Council’s Certificate of Recognition which acknowledges the efforts made by Chambers to support and promote the wellbeing of its members and staff” states Christopher Naish, Head of Chambers.  “We have always prided ourselves on achieving a healthy work-life balance and it is very rewarding for our policies and ethos to be endorsed by the Bar Council.”

“If you are interested in achieving a more balanced lifestyle and want to join a modern, progressive set based in the heart of Exeter, please don’t hesitate to contact Christopher Naish (Head of Chambers) to discuss your options.  Any such conversations will be treated confidentially.”

 

Christmas and New Year opening times 2018/2019

Monday, 24 December – 8.30am – 3.00pm

Tuesday, 25 December – Closed

Wednesday, 26 December – Closed

Thursday, 27 December – Closed

Friday, 28 December – 9.00am – 4.00pm

Monday 31 December – 9.00am – 4.00pm

Tuesday, 1 January – Closed

Wednesday, 2 January – 8.30am – 6.00pm

For Emergency Out of Hours contact please call our main telephone number and you will be transferred to our Out of Hours cover.

Members and staff wish you all a very Merry Christmas and a Happy and Prosperous 2019!

Telephone System Upgrade – Tuesday 4th December

We are having our telephone system upgraded in order to provide an even better level of service to you our clients. There should be little if any disruption to the service but in case and you are unable to contact us please email us at clerks@magdalenchambers.co.uk and we will endeavour to come back to you as soon as we are able.

Thank you for your patience.

Magdalen Chambers

Join us for Christmas Jumper day 14th December

Magdalen Chambers invite you to enjoy some Mulled Wine and Mince Pies on us in chambers on Friday 14th December between 3.00pm and 5.30pm.  Wear a Christmas Jumper and join members of chambers and clerks in raising money for Save the Children.

It’s the most magical time of year – fairy lights and baubles, snowmen and Christmas trees. And on 14 December, we want it all – on a jumper.

On Save the Children’s Christmas Jumper Day, all over the country, thousands of people will be donning their daftest, most wonderful woollies – all for a great cause.

Everyone who joins in and gives £2 to take part on 14 December will be making the world better with a sweater.

Members and Clerks of Magdalen Chambers hope to see you and your wonderful jumpers on Friday 14 December!

please email events@magdalenchambers.co.uk

 

 

Charles Cooper

CAVEATS AND STANDING SEARCHES

CHARLES COOPER REVIEWS THE USE OF CAVEATS AND STANDING SEARCHES AND A RECENT CHANGE TO THE NON-CONTENTIOUS PROBATE RULES

From November 2018 an online application can be made to the Probate Registry for Caveats or Standing Searches in a deceased’s estate (see: Non-Contentious Probate (Amendment) Rules 2018).

A Caveat enables the applicant to stop a Probate application but is a relatively draconian tool which should only be used where there is a dispute as to who can apply for Probate, or as to the validity or existence of a Will.

A Standing Search gives notification to the applicant when a Grant of Probate has been issued, and a copy of that Grant, which is a more useful tool for Inheritance Act claims where limitation runs from the date of issue of the Grant or where the applicant simply wishes to know the identity of the Personal Representative(s) and the value of the estate.

It seems likely that the use of Caveats and Standing Searches will increase with the introduction of an online application process.

November 2018 

[Charles practised as a Solicitor and Higher Court Advocate before being called to the Bar, and specialises in tax, trusts, wills and probate.]

Gavin Collett is ranked in by Chambers and Partners UK Bar 2019

Many congratultions to Gavin for being ranked by Chambers and Partners 2019 in the area of planning.

Well regarded for his expertise in planning law, with particular specialist knowledge in highways and rights of way. He acts for local authorities, as well as developers and private individuals.
“He is very personable and knows what he’s talking about.”

“He is good on his feet and looks at the client’s problems holistically.”