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[2015]1 AII ER 855-932

Part 10

4 March 2015

TheAII EnglandLaw Reports

Denton v TH White Ltd,Decadent Vapours Ltd v Bevan,Utilise TDS Ltd v Davies- Practice - Civillitigation - Case management CA

Lirn v Walia- Family provision - Reasonable provision- Property available for financial provision CA

MB v Secretary of State for Work and Pensions- Social security - Retirement pension- Equality of treatment of men and women CA

Telchadder v Wickland Holdings Ltd- Mobile home - Agreement to occupy mobile home- Termination of agreement SC

· LexisNexis· Editor Karen WiddicombeManaging Editor Rakesh RajaniTechnical Editors Catherine Bayliss

Andrew MoroneyLeila Shah

880

902

920

855

Solicitor (non-practising)BarristerLLB, Dip LPBarristerLLB

Lim vWalia CA 902C

MOBILE HOME

Agreement to occupy mobile home - Occupier breaching covenant against anti-seclalbehaviour - Owner serving notice - Requirements of compliance with notice - Effectof obligation to comply within reasonable time

Telchadder v Wickland Holdings Ltd SC 855d

PRACTICE

Civil litigation - Case management - Relief from sanction - Requirement for courtto consider need for litigation to be conducted efficiently and at proportionate cost- Requirement for court to consider need to enforce compliance with rules, practicedirections and orders - Failures to comply - Applications for relief from sanction -Guidance eDenton v TH White Ltd, Decadent Vapours Ltd v Bevan,Utilise TDS Ltd v Davies CA 880

SOCIAL SECURITY

Qualifying age for retirement pension different for men and women - Consequences fof issue of gender recognition certificate - Male-to-female gender reassignment- Pension being refused to wo man at qualifying age - Woman without full genderrecognition certificate - Full gender recognition certificate not to be issued to marriedperson - Woman not wishing to have marriage annulled - Whether woman entitledto state pension at qualifying age for women - Whether woman having right to berecognised as female for purposes of state pension without full gender recognitioncertificate - Whether refusal of pension discriminatory 9MB v Secretary ot State tor Work and Pensions CA 920

AII England Law Reports 4 March 2015

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FAMILY PROVISION

Property held on joint tenancy - Married couple's joint life insurance policy providingfor terminal illness benefit - Couple separating and wife having child with subsequentpartner - Wife diagnosed with terminal illness and dying intestate - Husband as nextof kin being paid death benefit under policy - Child claiming financial provision outof wife's estate - Court having power for purpose of facilitating making of financialprovision to order deceased's severable share of property held on joint tenancy atthe value immediately before death be treated as part of net estate - Whether wifehaving immediately before death severable interest in terminal illness benefit - Valueof severable interest

The table of cases reported in parts 5 to 10 and the noter-up for this part appear inside the back cover.

sc Telchadder V W

a Telchadder V Wiel[2014]

SUPREME COURTb

LADY HALE Op, LORD WILSON, LORITOULSON SC]

1 MAY, 5 NOVEMBER 2014

Mobile home - Agreement to occupy mTermination where occupier has breacheowner of notiee to remedy breach has no- Agreement containing covenant againscovenant - Owner serving notiee - Requiobligation to comply within reasonable Ieh 2, para 4(a).

Under the Mobile Homes Act 1983, aterminate his agreement with a mollaid down in Pt I of Sch 1 to the 1983home on a site (the park') ownecontained a term that an occupier wdisturb other occupiers of the park (occupier was' somewhat eccentric anhad a mild learning disability andresident of the park complained to tHoccupier, dressed in camouflage dohead, jumping out at her from behinletter dated 15 August 2006 the 0behaviour was 'extremely serious'face in the park or make unsolicitedAny repetition would lead to an aoccupier's mobile home agreemebreach of the covenant until July 20to the 1983 Act, an owner was entitfon the application of the owner, th.that the occupier has breached a ternotice to remedy the breach, has

h reasonable time ... '. After a furtherbehaviour covenant in July 2009, thcourt. The judge found that the lenotice to remedy the breach' whieh .owner was entitled to terminatedismissed the occupier's appeal an

j court considered, inter alla, whethecovenant against anti-social behavionotice to remedy a breach of suehto do so 'within a reasonable time'.

a Paragraph 4 is set out at [1], below