146 results
Fraudulent (deceit) and negligent misstatements concerning property
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 A contract is voidable (rescinded at the option of the Claimant) where a party to the contract entered into it in reliance on a more...
23 Sep 2021 10:20
NRLA: Gov Must Address Failures To Tackle Rogue Landlordshttps://www.hillhousechambers.co.uk/post/nrla-gov-must-address-failures-to-tackle-rogue-landlords more...
10 Aug 2021 14:56
Dr Zhen Ye prepares case review of Court of Appeal decision in Valbonne v Cityvalue3PB 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...
7 Jul 2021 11:06
We are RecruitingIf 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...
5 Jul 2021 13:31
The impact of Covid-19 on residential property3PB’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...
11 May 2021 11:12
**We are Recruiting**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...
4 May 2021 11:06
Full repairing and insuring lease – a guide for commercial tenantsYour 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...
29 Mar 2021 15:11
Seb Oram analyses good faith and ‘the spirit of agreement’ in commercial contracts3PB'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...
22 Mar 2021 11:31
Neil Fawcett gives legal opinion that estate agents could be 'negligent' for not disclosing air pollution levels3PB’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...
22 Mar 2021 11:28
Rogue landlords: Do multiple offences mean multiple rent repayment orders?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...
22 Mar 2021 11:14
3PB’s Simon Lillington successful in mansion dispute between businesswoman and her millionaire former partner3PB 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...
16 Mar 2021 12:39
DAVID SCHMITZ WRITES ‘STUDENT LETTINGS: FRUSTRATION AND THE PANDEMIC’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...
11 Feb 2021 09:51
Sam Laughton acts for the successful claimant in the Chancery DivisionSam 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...
1 Feb 2021 11:44
Prosecution Applications to reconsider the available amount, pursuant to s22 POCA 2002Alex Menary considers the impact of the leading authority of R v Cole [2018] EWCA Crim 888 to s22 Applications Although Cole was now decided some time ago, it remains an important decision as the Court of Appeal set out the correct approach to s22 applications in mortgage-fraud cases where the more...
Legal issues relating to trees
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...
19 Jan 2021 15:45
Brynmor Adams secures right to manage success in the Upper TribunalBrynmor 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...
Harassment claims when neighbours are involved in a boundary dispute
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...
PREVENTING PRESCRIPTIVE RIGHTS ARISING: NO MORE MR NICE GUY?
WHEN WILL USER BE PERMISSIVE?
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...
ABATING NATURAL NUISANCES:
WHAT STEPS WILL SATISFY THE MEASURED DUTY OF CARE?
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...
13 Oct 2020 16:26
Property possession proceedings resume – What next?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...
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