What have we been up to?
John de Waal KC and Gemma de Cordova were successful in the Court of Appeal in the case of FSV Freeholders v SG1 Ltd  EWCA Civ 1381, a case about offer notices in right of first refusal cases under the Landlord and Tenant Act 1987.
Brie Stevens-Hoare KC is busy thinking about adverse possession and boundaries, development agreements, options and a winter visit to the sea. If you are near the Kent coastline, look out for a woman in coordinated bright colours wandering along a windy beach! What better way to prepare for a January visit to the Supreme Court.
David Peachey successfully obtained the modification of a covenant over Florence Nightingale’s childhood home in Kay v Cunningham  UKUT 251 (LC), after a hard-fought trial in Derby that received coverage in various national newspapers. You can watch a webinar on the case here.
Phil Marriott has had a busy month looking at professional negligence in planning applications, nuisance arising from a leaking pipe on a golf course, and adverse possession of farmland.
Victoria Dacie-Lombardo escaped the wintry weather to enjoy a post-pupillage holiday in sunnier climes in November. She has been kept busy upon her return with a boundary dispute, a commercial lease renewal matter and plenty of possession hearings.
Cameron Stocks is emerging from a 5-day service charge trial led by Emily Betts concerning a verrrrry longstanding dispute between leaseholders, an RTM, a statutory manager and a freeholder.
When not having two trials about boundaries and easements settle at the door of the court, Andrew Skelly has had another month of water and drains – advising on high pressure water mains and surface water conduits, the discovery of which have frustrated development plans.
John Clargo was ill for a big chunk of this month but did manage to get some paperwork out of the way (easements, rent charges, business renewals and some property insolvency work) and finally got judgment (day one of trial in October 2021) in an interesting dispute about implied obligations on landlords in respect of retained property. He (landlord) persuaded the court to follow Gavin v Community Housing Association Limited.
James Hall has been dealing with the third and fourth hearings in a massive ongoing case involving the mistaken discharge of over 5,000 mortgages at the Land Registry, ably assisted by Will Golightly. For a report of the judgment in the second hearing, see Barclays Bank UK Plc v Terry  EWHC 2726 (Ch).
Jamal Demachkie had an entertaining 3-day trial in Central London, successfully opposing a pre-1926 restrictive covenant claim. He has also been doing some judicial sittings, and found time to pick up a little award at the Chambers & Partners ceremony…
Daniel Gatty is pleased to report that the second edition of his book, A Practical Guide to Rights over Airspace and Subsoil, has just been published by Law Brief Publishing. So, if you are looking for an earth-shattering – and air-shattering – Xmas present, you know what to buy (from this link: ‘A Practical Guide to Rights Over Airspace and Subsoil – Second Edition’ by Daniel Gatty – Law Brief Publishing).
Following fast on the heels of a TOLATA trial, Steven Woolf succeeded in obtaining substantial negotiated damages for an interference with a right of way, where the way continued to exist, but you would need Chitty Chitty Bang Bang to gain access to the garage following the lowering by the owner developer of the ground level by 4 feet, in order to accommodate duplex as opposed ordinary ground floor apartments.
Carl Brewin had a lovely trip to Leeds to deal with a mandatory injunction, in addition to advising on the registration gap, break clauses, and the perils of failing to comply with HMO licensing.
Lina Mattsson is looking forward to celebrating Christmas in Sweden after a manic December – a month of commercial and residential dilapidation claims, forfeiture and easements. She is ready for glögg and lussebullar.