Just having an attack of remorse, I've been indulging in graveyard humour about the Government & Europe when I should be saying something meaningful about the #claddingscandal & Downing Street being lit green to show 'solidarity' to mark the third THIRD anniversary of Grenfell 1/
...while people remain trapped slowly (or not so slowly) running out of money in unsaleable &, potentially life-threatening flats . Actually my anger at that is inexpressible, so instead, legal Twitter, what about solutions? 2/
...For example in the specific case of retro-fitted cladding, I can see the problems with negligence but "other causes of action are available". Why are there not causes of action on the basis of derogation from grant/ breach of covenant/ nuisance? 3/
They may not offer a remedy to everyone but I'd be genuinely interested in arguments as to why they don't offer to some at least. 4/4
threadreaderapp.com/thread/1293443… This is my earlier thread on retrofitted cladding.

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More from @RawdonCrozier

12 Aug
@sacrebleurgh @nearlylegal @HomeownersLandQ I think there may be a difference between retro-fitted cladding and cladding present from inception. The fitting of the cladding is, arguably, actionable as nuisance, breach of the covenant of quiet enjoyment, & derogation from grant. Test is objective & doesn't depend on... 1/
@sacrebleurgh @nearlylegal @HomeownersLandQ ...standards prevailing at the time, unlike negligence. Once a cause of action exists there is the potential for injunctive relief/damages. Whether injunction would extend to compelling obtaining of an EWS1 is interesting but impact damages might indirectly compel. The ... 2/
@sacrebleurgh @nearlylegal @HomeownersLandQ … problem with cladding there from the start (& ? for buyers who bought post-retro-fit) is that with property pre-existing defects (subject to any express warranties) are a matter for the buyer to detect. 3/3
Read 4 tweets
4 May
While the aftermath of the Covid 19 Pandemic is likely to be disastrous not just for this country but for counties and individuals across the world, it doesn’t necessarily have to be. In this thread I’m going to suggest how the worst might be avoided. 1/
First, while the probable negative effects are being commented upon, there isn’t much evidence of any co-ordinated planning to offset the anticipated effects of the massive escalation of global and individual debt. 2/
The likelihood is that countries across the world will crippling themselves to make debt repayments & probably cut the very services which have worked so hard to help those afflicted in the pandemic. 3/
Read 12 tweets
23 Apr
Rose VP in R. v. Bradley [2005] EWCA Crim. 20:

“It is in the public interest that the criminal law and its procedures, so far as possible, be clear and straightforward so that all those directly affected, in particular, defendants, victims, the police, the probation service...1/
… jurors, lawyers for defence or prosecution, judges and magistrates, professional and lay, should be readily able to understand it. Sadly the provisions of the Criminal Justice Act 2003, which we have had to consider on this appeal, are, as is apparent … 2/
… conspicuously unclear in circumstance where clarity could easily have been achieved. It is not this Court's function to identify whether the government, Parliament or Parliamentary draftsmen are responsible for this perplexing legislation. It is this Court's duty loyally … 3/
Read 11 tweets
26 Mar
This mad piece of late-night whimsy may not be totally mad - think of the practical benefits but start with what’s going to happen if nations have to deal with the crisis nationally, In a nutshell
...
...the World economy is going to be tanked by Covid 19; whatever is done on a national level there will be a legacy of misery & debt which will put financial pressure on individual countries. Increases in debt repayments will drive taxes up, quality of services down.
...
... If there’s an international rebalancing however, international debt is wiped out without a loss to creditors. I’ve acknowledged that would normally result in economic overheating but the measures to cope with the virus should dampen much of that. This would mean:
...
Read 12 tweets
10 Feb
@David_Whiteside @BarristerSecret Just to give you a couple of example:
First:
Years ago as a pupil I represented a woman who presented as battered wife; she said her husband had on this occasion stabbed her with a broken milk bottle, not a deep wound but a nasty one for which she had had to have stitches & ..1/
@David_Whiteside @BarristerSecret ...there was no doubt about it because while we were waiting to get on, the stitches came apart & she had to go to hospital & be re-stitched & my solicitor took her & had to speak to the treating doctor so the judge could be told when she was coming back. It was an emergency ..2/
@David_Whiteside @BarristerSecret ... injunction so the husband hadn’t been served & wasn’t there & there had to be a further hearing. I didn’t for one moment doubt the wife’s account. Day of the next hearing she rang the solicitors, said there had been a reconciliation & wouldn’t be coming. Not that unusual ..3/
Read 10 tweets
22 Jan
There may be an element of the fridge calling the freezer white in this & @snigskitchen did something a bit similar sooner but here's a poem I've called:
"Lol"
which, I'm told, can be a diminutive of Laurence.

(c) Rawdon Crozier 2020; licensed for not for profit transmission
1/
I.
I'm so mad
I just can't stand it
Yet the world can't see my plight
I get no sympathy or comfort
For being rich
And male
And white.

2/
II.
I'm so mad
I just can't stand it
Nobody feels for me
For having rich white views
And airing them,
On the BBC.

3/
Read 7 tweets

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