146 results
15 Oct 2018 14:38
Electronic signatures and e-conveyancing: Where are we now?Banking & Finance Litigation specialist Christina Gill looks at the Law Commission’s consultation on the electronic execution of documents. Christina offers a practical insight to where we are now with e-conveyancing and, in particular, electronic mortgage deeds. Legal uncertainty = practical more...
11 Oct 2018 09:51
Disclosure in civil litigation: All change please, all change!First published in The In-House Lawyer magazine autumn edition. From 1 January 2019, a mandatory pilot scheme will operate in the Business and Property Courts across England and Wales, ushering in a new era of disclosure management in civil litigation. Walker Morris’ Head of Commercial Dispute more...
9 Oct 2018 16:23
Trusts and Estates Seminar - ChesterDate: 15 November 2018 Venue: The Grosvenor Hotel, Eastgate, Chester, CH1 1LT (directions here) Tickets: £30 (incl VAT) Time: Registration: 4.30pm. Talks: 5.00pm CPD: 2 hours Drinks and canapés will be provided. Our Trusts and Estates Seminar will feature presentations from: Julian Shaw – Trust more...
9 Oct 2018 09:06
Restrictions on the use of land under Inclosure Awards: how can they be modified or avoided?Answer: with some difficulty. Introduction This article aims to explain: Briefly, the background to Inclosure Awards; How such awards they might give rise to restrictions on the use of land; and How those restrictions might be modified or discharged/avoided, if a different use is desired for the more...
5 Oct 2018 14:01
“Mortgage prisoners”, “zombie banks”: How to tackle mortgage market nightmares?The Financial Conduct Authority (FCA) and financial press have highlighted the plight of so-called “mortgage prisoners”. These are customers trapped in expensive deals and unable to remortgage because of the tightening, in recent years, of affordability assessment criteria and/or because their more...
25 Sep 2018 08:26
Assessing damages in breach of contract claim for negligent survey (Moore and another v National Westminster Bank Plc)What is the correct measure of damages when a negligent survey results in costly repairs for property buyers? Emily Betts discusses a ‘negligent surveyor’ case where the respondents were able to recover the full cost of repair because the appellant bank’s evidence at trial, on the diminution in more...
Boundary agreements - don't forget about them if you are involved in a boundary dispute!
1. It is notorious that boundary disputes often become very complex. The result can often turn on highly technical legal points, obscure plans, badly worded conveyances, detailed extrinsic evidence or appeals to equity (i.e. proprietary estoppel). 2. When considering the history of the land in more...
When should a public inquiry be held to consider town and village green applications under the Commons Act 2006?
How does a Registration Authority decide whether a non-statutory public inquiry should be held? When is it unfair to hold a public inquiry? 1. There are a number of case which have touched upon the issue of when a non-statutory public inquiry should be held. 2. First, in The Queen on the Application more...
18 Jul 2018 08:48
Trespassers and Human Rights - Where are we now?Those who act for private sector landlords in residential possession proceedings will be familiar with the decision of the Supreme Court in McDonald v McDonald [2017] AC 273, which was argued successfully by Stephen Jourdan QC and Ciara Fairly of Falcon Chambers. In McDonald, the Supreme Court was more...
18 Jul 2018 08:07
Time for a sharp Brexit: Vendors and purchasers in uncertain timesAs Brexit negotiations begin, how will leaving the EU affect the UK property market? Will we see buyers attempting to escape from contracts they no longer want (or are able) to complete – as we did following the financial crash in 2008-9? If so, a reminder of the legal options available to sellers more...
17 Jul 2018 16:39
Some practical tips on the rules of evidence in the context of property litigation and the
pitfalls to avoid.“Anything you do say may be given in evidence” Some practical tips on the rules of evidence in the context of property litigation and the pitfalls to avoid. Philip Sissons, Barrister, Falcon Chambers Introduction 1. I have taken as my topic this morning, the rules of evidence in the context of more...
Children Act 2004 and property law rights.
Can the Children Act 2004 be used to prevent children being dispossessed of their home in circumstances where their parents no longer have any private law right to occupy the home in question? This was the question the Court of Appeal had to address in the case of Davies v Hertfordshire CC [2018] more...
6 Jun 2018 10:42
Barristers Chambers in LondonLaw Lane Chambers is a modern, diverse, progressive and a rapidly-growing common law set based in the Capital with Barristers that specialises in Immigration, Civil, Commercial, Bankruptcy, Housing, Professional Negligence, Employment, Family and Criminal Law. For More Information on our chambers more...
23 May 2018 16:08
P&P Property Limited v Owen White & Catlin LLP
Dreamvar (UK) Limited v Mishcon de Reya
[2016] EWCA Civ. 1082P&P Property Limited v Owen White & Catlin LLP and Dreamvar (UK) Limited v Mishcon de Reya [2018] EWCA Civ. 1082 were conjoined appeals that raised common issues about the liability of solicitors and estate agents in cases involving identity fraud. In both cases a fraudster (“F”) posed as the owner more...
20 Apr 2018 15:21
Desmond Kilcoyne instructed in Paul Alibert David -v- Audra Catherine WamstekerDesmond Kilcoyne has been acting on behalf of the Defendant, Audra Wamsteker, in a six-day trial brought against her by her father, Paul David. Judgment has been reserved. The dispute concerns the ownership of two domestic properties, the proceeds of sale of four American properties and her late more...
20 Apr 2018 15:18
Housing Law Bulletin: the Supreme Court and Litigants in PersonIn this bulletin, Matthew Feldman discusses the important recent Supreme Court case of Barton v. Wright Hassall LLP [2018] UKSC 12, a case that is of relevance well beyond the housing law field. Service of claim form by email, litigants in person and validation of service under CPR 6.15(2) Barton v more...
20 Apr 2018 15:15
Housing Law Bulletin: errors of law, burden and homelessness appealsIn this bulletin Elizabeth England discusses a recent Court of Appeal case that reminds us who has the burden of proving an error of law in homelessness appeals under Part VII Housing Act 1996 Avoiding exegetical sophistication: Rother District Council v Stephen Freeman-Roach [2018] EWCA Civ 368 The more...
Owning Property in Spain is Taxing
Owning a property in Spain is Taxing! It’s just a matter of time that UK expatriates in Spain receive a notification from the Spanish Inland Revenue (Hacienda); claiming unpaid taxes for the last four tax years (tax statute of limitation). By now, after having acquired your Spanish property, we are more...
21 Feb 2018 15:45
Raising the Rent – how an interest rate rise could cost tenantsWith the first base rate in over a decade having hit last year and with experts predicting more rate increases for the year ahead and with rents at their highest in years, coupled with a shortage of affordable private and council/housing association rental properties, it seems rents are likely to more...
15 Feb 2018 16:08
2018 Seminar SeriesA series of seminars on topical areas of property law aimed at practitioners of up to 5 years’ pqe. The seminars are given by members of Falcon Chambers, recognised as one of the leading sets of chambers in the field of property litigation. The seminars will be held in Falcon Chambers and will run more...
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