Introduction
At Gatehouse Chambers, we’ve had quite the year,
With property disputes and moments of cheer.
Brie’s been busy, with options and land,
While Lina’s been juggling trials well-planned.
Jamal’s fought cases with wit and delight,
And Emily Betts returns to the fight!
January brings her sharp mind back to play—
Maternity leave couldn’t keep her away.
David Lipson’s made a stellar new start,
Bringing energy, talent, and plenty of heart.
And Monty Palfrey’s cannibal case stole the show—
A tale so bizarre, even we said, “Whoa!”
John de Waal brought light (and not just in law),
With rights of way disputes, he’s laid down the score.
And John Clargo, with precision and flair,
Tackled leaseholds and easements beyond compare.
Andrew Skelly, a star of the drains,
Solving disputes where confusion reigns.
With knowledge and skill, he’s cleared murky flows,
Bringing order to chaos wherever he goes.
Steven Woolf, with injunctions in hand,
Keeps boundaries secure and disputes well-planned.
From swift applications to orders precise,
His steady approach is always concise.
Victoria’s dazzled with sharp expertise,
Handling boundary disputes with elegance and ease.
From property fights to cases that bind,
Her tenacious approach brings peace of mind.
Gemma’s precision has shone bright and true,
Bringing her insight to every breakthrough.
And David Peachey, with knowledge so wide,
From landlord law to service charge guides,
Has handled his cases with patience and care,
Ensuring success for clients everywhere.
But behind the scenes, let’s give a big cheer,
For Patrick, Jim, and Sam—our stars of the year!
The practice runs smooth, the schedules align,
Thanks to their work that’s simply divine.
From courts to mediations, we’ve given our all,
(Though a mince pie or two softened the haul!)
We’ve balanced the scales with wisdom and might,
Turning legal tangles into pure delight.
So here’s to the clients who’ve kept us on track,
And our talented team with no skill we lack.
Merry Christmas to all, from this stellar crew—
If property’s your problem, we’re the Chambers for you!
Editor – Laura Tweedy
What have we been up to?
Brie Stevens-Hoare KC has made an early exit after an extraordinarily busy year and finishing off submissions for expert determination, multiple pleadings and a hard fought summary judgment. Her OOO tells us she is away and uncontactable but she wishes all of us and our readers a lovely restful break and an amazing 2025.
Daniel Gatty is pending some of his December dealing with what is alleged to be an £11m fraud/forgery case. Distinctly unfestive.
Andrew Skelly has had a month of injunctions: seeking injunctions to remove an obstruction to a right of way in a business estate; to prevent a former landlord from continuing to demand and collect rents; and from interfering with a right of access for maintenance. Otherwise, he has been grappling with a multi-party claim involving professional negligence of a conveyancing solicitor, restrictive covenants, injunctive relief and limitation; and a smattering of not even vaguely festive pleadings.
Jamal Demachkie is looking forward to his boundary dispute trial against Monty Palfrey in Norwich – A great way to round off the year!
Carl Brewin has been kept busy in Court with (not so festive) neighbour and co-ownership disputes, along with a religious organisation enforcing the benefit of restrictive covenants (err…again not so festive). Happy holidays one and all!
David Peachey had the pleasure of speaking to many of you at the Property Litigation Association training day about dealing with commercial tenants in financial difficulty (along with Lesley Anderson KC). It was great to hear (and try to answer!) engaging questions from attendees, and lovely to catch up with so many of you the following week at the fabulous PLA dinner. Thank you for the invitations!
Laura Tweedy has had a month of conversion to goods, tricky service charge questions, defending injunctions, restrictive covenants and easements. She has also been teaching mediation skills to Secondary School children over a 7-week program and loved mediating to help parties put their awful legal disputes behind them before Christmas. That coupled with Christmas Shopping, Carol Concerts, Nativity Plays, Craft Workshops and Centerparcs has led to a rather busy December. Bring on the holiday!
Lina Mattsson has had another trial against a fellow Gatehouse member. Reserved judgment, so the practice team is still accepting wagers! Lina has also been advising on exert determination, rent review and option clauses and the validity of a notice to quit an agricultural holding based redevelopment. So ready for glögg and lussebullar!
Cameron Stock(ing)s has been getting into the festive spirit and has decided to gift all of you loyal readers with a comprehensive guide to Equitable Accounting in Trusts of Land Disputes which was co-authored with Charlotte John. Don’t thank me all at once and no refunds! When not spreading festive cheer, Cameron has had a service charge heavy month, looking at issues relating to the handover of uncommitted service charges to an RTM and successfully obtaining Rule 13 costs against a lay representative following a week long service charge dispute back in December 2023 led by Emily Betts.
Mark O’Grady successfully obtained interim injunctive relief before the High Court permitting the re-entry (on terms) of the long leaseholders of a well–known Soho venue (The Windmill) against their landlord (Spearmint Rhino) pending trial. Mark appeared as sole counsel against leading and junior counsel (Guy Fetherstonehaugh KC and Fern Schofield). This week, Mark is due back again in Court 10 in relation to injunctive relief concerning a private car park in Kensington, and the removal of a rather large trespassing scaffold.
Ho ho ho-using….is what has been keeping Victoria Dacie-Lombardo busy in court this month, with a steady run of possession and disrepair cases. Out of court she has been thinking about and advising on the existence of occupational rights over an unusual commercial property. She wishes all our lovely readers a Merry Christmas and hopes you enjoy her article about a recent Court of Appeal decision concerning tenant fees and s.21 notices, as part of this bumper festive edition.
Phil Marriott has been busy with a s.21 notice trial, various service charge disputes, and forfeiture of a mixed-use premises. With all the travelling, he thinks he might have racked up more distance than Santa on Christmas Eve.
News
We are delighted to report that Cameron Stocks and Charlotte John have been published in the Financial Remedies Journal. Their co-authored article, titled “Balancing the Books: Equitable Accounting in Trusts of Land Disputes,” is a valuable contribution to the field and a testament to their hard work.
Events 2025
MIPIM 2025
11-14 March – Cannes
Gatehouse Chambers’ barristers and staff will be heading to Cannes for MIPIM 2025.
Do get in touch if you or some of your colleagues will be there too and would like to meet up.
UKREiiF 2025
20-22 May – Royal Armouries Leeds & Leeds Dock
We will also be attending UKREiiF 2025, which will take place in Leeds and offer opportunities for networking, learning, and investment.
Feel free to reach out if you or your colleagues will be there.
Switaj -v- McClenaghan [2024] EWCA Civ 1457
The Court of Appeal recently considered whether or not fees which were paid by a tenant before the enactment of the Tenant Fees Act 2019 (“TFA”) could preclude a landlord from recovering possession under s.21 of the Housing Act 1988.
Article by Victoria Dacie-Lombardo
Take notice of these decisions
The Supreme Court decision in A1 Properties (Sunderland) Ltd v Tudor Studios RTM Co Ltd [2024] UKSC 27 may be one of the most significant property law decisions of this year. In summary, the Supreme Court held that the failure to serve a claim notice on an intermediate landlord of communal areas did not invalidate an RTM claim in circumstances where that party could still present its arguments opposing the right to manage.
In doing so, the Supreme Court held that, where a statute does not impose a clear sanction for failure to comply with part of a statutory process, the correct approach is to consider whether Parliament would have intended such non-compliance to invalidate the process.
Article by Philip Marriott
Parks and interpretation – Wyldecrest Parks Management Ltd [2024] UKUT 355 (LC)
It’s time to unwrap Rule 7(6) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (‘the Tribunal Rules’): the Upper Tribunal (‘UT’) has held in Wyldecrest Parks Management Ltd [2024] UKUT 355 (LC) that the First-tier Tribunal (‘FTT’) is not entitled under Rule 7(6) to require one party to serve the Tribunal’s directions on another, but must do so itself.
Article by David Lipson
Did you miss? Assethold Limited v Interface Properties Limited [2024] UKUT 371 (LC)
Assethold Limited v Interface Properties Limited [2024] UKUT 371 (LC)
The key issue in the appeal was whether, in circumstances when a lease includes a covenant by the tenant to indemnify the landlord against any liability in respect of legal obligations, but does not include an express covenant by the tenant that it will comply with all legal obligations pertaining to the property, was such a covenant to be implied into the lease?
Article by Lina Mattsson
Contact us
If you would like to discuss any of the topics in this newsletter, please contact a member of our Practice Management Team:
Patrick Sarson, Senior Practice Manager
Jim Findley, Practice Manager
Adam Macdonald, Practice Manager
Samuel Read, Practice Manager
To find out more about our Property Team and their work, visit the property page on our website. To view a copy of our privacy statement, please click here.
This edition of the property newsletter was edited by Laura Tweedy. Comments or queries about this newsletter? Please get in touch with her!