Activity Report – What we have been up to and what we'll be getting up to over the coming month
John de Waal QC has been acting on behalf of a landlord claiming summary judgment in a rent claim where the (hopeless) defence is that it is an implied term of the lease that rent need only be paid when the premises are lawfully open for trading.
As Steven Woolf waits for the decision of Mr. Justice Nicklin in relation to the obtaining of preventative injunctions to protect Green Spaces, he has been working this month to protect major construction sites and shopping centres from the highly dangerous acts of trespass by so-called Urban Explorers.
Andrew Skelly has been obtaining an injunction preventing a developer and its contractor from trespassing on a vendor’s retained land. By telephone hearing. It was as if the development of CVP and MS Teams hadn’t happened. He is going to spend the remainder of the month sitting as a Recorder in the Crown Court.
Lina Mattsson has had a month dealing with a golf course, advising on the prospects of modifying restrictive covenants under a s 84 application and whether the restrictions on golf courses in the Health Protection (Coronavirus, Restrictions) Regulations allow the tenant to serve a break notice. Lina is also about to have a 3-day EPA trial in the magistrates – she is missing CLCC!
For Monty Palfrey, in addition to obtaining a declaration from a High Court Master allowing for the enforcement of a pre-Covid residential possession order following further non-payment of rent, a lot of time has been spent learning about burial rights and the legal implications thereof.
Peter Petts has been dealing, successfully, with the knotty issue of when the grant of sub-lease amounts to an assignment of the head lease, and injuncting very naughty managing agents (albeit that it was an interim injunction so there has been no finding that they were very naughty, yet).
Jamal Demachkie has spent the past few weeks dealing with a variety of claims: prof neg against solicitors and surveyors, restrictive covenants in favour of a charity, and an acrimonious neighbour dispute, to list but a few.
Daniel Gatty was in the BPC acting on behalf of an Islamic burial society in a trial over burial rights in a privately owned cemetery – against Monty Palfrey. That aside he has been busy with an assortment of claims on everything from (alleged) conveyancing negligence to prescriptive easements to defective mortgages.
Katrina Mather has had an influx of insolvency related property instructions. If it’s a sign of what’s to come, the next year is going to be rather busy!