Activity Report – What we have been up to
Amongst other things, Simon Allison had three days on a two day CCMC (with judgment on security for costs to be handed down in a fourth day of two where the preliminary issue trial for which we are budgeting is only three days…). In addition, cladding related instructions continue, including obtaining another determination of the payability of waking watch costs in an ACM clad building.
John Clargo has been advising on rent charge deeds (leasehold as well as freehold land), trying the fraudulent transfer of registered land and appealing the interplay of the FtT and the court in relation to the forfeiture of a residential lease for service charge arrears. Oh, and there was some knotweed too.
Laura Tweedy has been busy settling most of her trials in very favourable terms for her clients, whilst also wishing she could get her teeth into some good cross examination!
A busy month for Monty Palfrey, who is still trying to get his head round the stipulation (suggestion) in the Land Registry Practice Guide that Form FR1 (Application for First Registration) should be used for an application by a leaseholder of registered land to claim title to adjoining registered land (the loft above his flat which has been in his possession for thirty years or so) upon which he has encroached from a registered freehold owner!
It’s been a month of beneficial interest and TOLATA claims for Katrina Mather including acting for a Trustee in Bankruptcy in a two-day trial in Manchester.
Already having permission to appeal on one ground, against a decision of the FtT in relation to an adverse possession matter, Andrew Skelly obtained permission from the Upper Tribunal on two further grounds. Otherwise, he was trekking up and down the country on several FtT appearances, including service charge disputes, collective enfranchisement valuations, and an appeal against a refusal by a local authority to licence all of the rooms in an HMO.
Steven Woolf can’t escape the protective injunction work he is doing for a number of local authorities and commercial developer clients. Four new instructions as well as final hearings for three local authorities he has already successfully obtained injunctive relief for previously made up much of his month, with other work neatly fitting in.
In addition to dealing with an ongoing collective enfranchisement and service charge dispute, Morayo Fagborun Bennett has been using the new criminal sentencing guidelines in committal proceedings and helping clients with the current influx of disrepair and EPA matters.
Alastair Redpath-Stevens has been dealing with a variety of matters including enforcing Tomlin Orders in the Chancery Division, ousting tenants in the County Court, settling improvement notices in the First-tier Tribunal and deploying various “interesting” estoppel arguments in sundry venues whilst also advising on local authority appropriations and covenants in leases and remedies in nuisance. He is looking forward to a peaceful Christmas!
Much of Daniel Gatty’s time this month has been spent on two trials with rather different subject matters. The first concerned whether transfers of two properties in London had been forged in 2015. The second concerned the effect of a 1964 conveyance of fields in Devon. The rest of his time was spent on an assortment of L & T issues.
Jamal Demachkie has spent the last few weeks convincing clients to avoid court by way of three (successful) mediations, and has spent a week in Central London arguing over encroaching vegetation and nuisance caused by surface water.
John de Waal QC has been advising developers on restrictive covenants.
Lina Mattsson has had a month of back-to-back trials, including an actual trial on the market rent and a tenant’s break clause in an unopposed lease renewal! Two more trials to go and then Christmas shopping.
When not enjoying the hospitality of the PBA, PLA or P&T, Peter Petts has been dealing with knotty problems including the sale of a gentlemen’s nightclub and the purchase of beer. All together, a very trying month.
James Hall has been instructed in yet another case involving the accidental discharge of a mortgage to advise on whether the discharge can be rescinded for mistake; and is also dealing with rectification of a rent review clause in a commercial lease.
Over the last few weeks Alex Bastin has scored a hat-trick of successful appeals with (i) the slashing of a very substantial fine for breaches of HMO licensing regulations in the Crown Court (!), (ii) winning an appeal against HHJ Luba QC’s construction of a tenancy agreement in the High Court (see Network Homes Ltd v Harlow  EWHC 3120), and (iii) resisting an appeal in the Court of Appeal (see Alexander v Willow Court Management Co (1985) Ltd  EWCA Civ 2325). Apart from that, it’s been the usual slew of forfeiture, commercial lease renewals, dilapidations and service charge disputes.