It is oftentimes the case that deceit or negligent misstatement can be made to parties in relation to property. These can cause very serious financial losss. A contract is voidable (rescinded at the option of the Claimant) where a party to the contract entered into it in reliance on a more...

https://www.hillhousechambers.co.uk/post/nrla-gov-must-address-failures-to-tackle-rogue-landlords more...

3PB commercial and property barrister Dr Zhen Ye has analysed the impact of this property dispute between two property developers, owned by members of the same ultra-orthodox Jewish community, over a failed purchase of the Beckton Arms in East London. The case had initially gone to arbitration more...

If you are a member of the Bar or a 3rd six pupil, seeking to leave the city hustle and bustle aside and relocate to practice in the scenic South West, we want to hear from you! Magdalen Chambers is one of the largest sets in the south west outside of Bristol with members excelling in a wide range more...

3PB’s specialist property and commercial law barrister Thomas Talbot-Ponsonby joined Tim Baldwin from Garden Court Chambers to record a webinar on ‘‘The impact of Covid-19 on residential property’’ for Lexis Nexis. In this webinar, the duo of barristers take a look at the impact of covid-19 on more...

If you are a member of the Bar seeking to leave the city hustle and bustle aside and relocate to practice in the scenic South West, we want to hear from you! Magdalen Chambers is one of the largest sets in the south west outside of Bristol with members excelling in a wide range of areas of civil and more...

Your commercial tenancy agreement (lease) usually sets out who is responsible for repairs, maintenance and insurance of your premises and any larger building in which it is located. There are two main types of arrangements with different repairing obligations for you and your landlord, which are a more...

3PB's specialist commercial and construction law barrister Seb Oram (pictured here) has reviewed the case of Westfields Homes Ltd v Keay Homes (Windrush). The case involved a potential breach of commercial, land-development contract and serves as a must-read for all commercial lawyers and litigators more...

3PB’s commercial barrister Neil Fawcett has co-produced,  with Jessica Simor QC from Matrix Chambers,  a 20-page legal opinion for the Central Office of Public Interest which says there is a "strong legal argument" that estate agents not disclosing air pollution levels would be considered negligent. more...

As more tenants become aware of the provisions made in the Housing and Planning Act 2016 (“HPA2016”) to sanction the behaviour of rogue landlords, 3PB property litigation barrister Antonietta GrassoAntonietta GrassoCall: 2004 considers the recent case of Ficcara & Others v James [2021] UKUT 0038 (LC more...

3PB family barrister Simon Lillington has helped his client businesswoman Sharon Blades win half of the £2.5m mansion that her former partner paid for, but registered in both their names. The dispute – which attracted widespread media coverage including this feature in the Daily Mail - between Dr more...

The Property Law Journal of Legalease has published on-line an article by David Schmitz, on whether occupiers can get out of contracts and leases for student accommodation, if they have not been able to attend university because of Covid 19 restrictions. The full article can be found here. This more...

Sam Laughton recently acted for the successful claimant in Patel v Barlows Solicitors (A Firm) [2021] 4 WLR 6. After a 5-day trial in the Chancery Division, it was held that an abortive joint venture for the purchase and sale of properties was a “business” within the meaning of the Partnership Act more...

Trees can provoke a surprising number of legal disputes which frequently lead to either civil or even criminal litigation. For example: · Disputes over the ownership of trees and other boundary features · Encroaching roots or overhanging branches causing damage to property (trespass and nuisance) · more...

Brynmor Adams from Exchange Chambers has secured an important decision in the Upper Tribunal for leaseholders who wish to take control of the management of their buildings. In Bentham v Lindsay Court (St Annes) RTM Company Limited [2021] UKUT 4 (LC), the Upper Tribunal considered the interaction more...

In my view, it is essential to be very careful before adding harassment claims to litigation about the proper position of the boundary between neighbouring properties. Does the behaviour of the neighbour next-door really pass the threshold? Even then, is it worth the additional cost? If the claim is more...

INTRODUCTION 1. This talk concerns the issue of when user will be permissive so as to prevent the following rights from arising: · Private rights of way (easements) · Public Rights of Way (highways) · Village Greens and/or Recreational Easements 2. All these rights can only be acquired where the more...

INTRODUCTION 1. Where there is a naturally occurring nuisance on a landowner’s land it is now well established that he will owe a “measured duty of care” to adjoining landowners who are affected by it. 2. What is meant by a “measured duty of care” in broad terms is a duty that reflects the more...

Property possession proceedings resume – What next? The stay of proceedings in possession cases, which has been in operation since 26 March 2020, has now come to an end as of 21 September 2020. Although proceedings are now underway once again, the courts are having to deal with a substantial backlog more...

This month the Court of Appeal handed down judgment in the case of Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760 and ruled that a failure to serve a gas safety certificate before a tenant enters in to occupation of the property will not create an absolute bar on residential landlords more...