What have the team been up to?
James Hall has been dealing with an arbitration relating to an off-plan property purchase gone wrong, as well as advising on overage again in another matter, and having a week off in sunny (?) Cornwall!
Brie Stevens-Hoare KC is back from the very top of Scotland and its glorious sandy beaches. She is now looking at when an MOU is a contract, a ransom is a ransom and a covenant is an easement. She is so delighted to be back.
Jamal Demachkie has had an eclectic month, combining judicial sittings with various neighbour disputes; one boundary, two rights of way and a harassment claim.
John de Waal KC has been writing an expert determination.
Laura Tweedy has been dealing with questions to experts, lease renewal negotiations and scouring conveyances from the 1880s to find out whether any easements could allow multi million-pound development to go ahead.
Steven Woolf has had, not one, but two trials involving the claimant seeking to establish a beneficial interest in a property. One was successful, the other less so.
Andrew Skelly donned his wellies and went rural this month: a site view with the judge in advance of a trial relating to a claimed Agricultural Holdings Act tenancy, and a site view with the clients relating to various public rights of way around a reservoir and an intended modification order application. Judgment following the three-day trial in the AHA matter is awaited.
Adam Smith-Roberts has been advising on enforcing restrictive covenants on a large new-build housing estate, dealing with a tricky TLATA matter, and starting preparations for what should be an interesting High Court appeal in a 1954 Act renewal case which has just been granted permission.
John Clargo made closing submissions in a commercial disrepair trial (flooding of interior design premises from landlord’s retained parts) which commenced – fitfully – in October 2021. He is now preparing closing submissions for a determined boundary trial which commenced – fitfully – in July 2022. He now needs to take a break from this break-neck litigation before preparing for the trial in May of Stage II of litigation concerning a claim for adverse possession (judgment given in Stage I in June 2014, first day of trial having been in February 2012 …). Phew!
William Golightly has been talking to institutional landlords about their experiences of the new housing regime in Wales, including some of the novel provisions like an unpaid non-familial live-in carer’s right to succeed to a tenancy, and other tongue twisters.
Lina Mattsson has been arguing about what constitutes ‘value consideration’ when contractual consideration is not paid and been pouring over old titles deeds feel like Sherlock – nothing better than a juicy boundary dispute.
Daniel Gatty was busy preparing for a trial in Manchester concerning alleged conveyancing negligence when the Claimants served notice of discontinuance 2 working days before the trial was due to begin. So, he had a more relaxed weekend than anticipated! The rest of his time recently has been spent on issues as varied as rectification of the register on the one hand and a managing agent’s failures to account to Daniel’s three clients on the other.