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Civil way: 18 February 2022

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18 February 2022 / Stephen Gold
Issue: 7967 / Categories: Features , Procedure & practice , Civil way
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Corporate landlords give thanks; Don’t forget the pension; Domestic abuse: definition extension; Financial remedies: HURRY!

PHEW!

Company landlords can relax as a technical defence is killed off. Both a certificate given to a tenant under s 213 of the Housing Act 2004 about deposit protection and a notice seeking possession under s 8 of the Housing Act 1988 can be signed by an individual on behalf of the company who is authorised to sign. Neither document needs to be authenticated as required by s 44 of the Companies Act 2006. The Court of Appeal so held in Northwood (Solihull) Ltd v Cooke [2022] EWCA Civ 40, [2022] All ER (D) 101 (Jan). Hilmi & Associates Ltd v 20 Pembridge Villas Freehold Ltd [2010] EWCA Civ 314, [2010] 3 All ER 391 concerning a notice under s 99(5) of the Leasehold Reform, Housing and Urban Development Act 1993 was distinguished.

PENSION POT BLUES

The cash-flow test on a debtor’s application for bankruptcy involves determination as to whether they can pay their debts

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MOVERS & SHAKERS

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NEWS
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NLJ this week: Motor commissions & fiduciary duties
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
NLJ this week: The power of Interpol red notices
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
NLJ this week: Approach with caution post-Mazur
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Philip Sales is selected as next Deputy President
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Tax shock ahead for partners?
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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