What have we been up to?
Jamal Demachkie has had a busy start to the year, including a 2-day CCMC (as exciting as it sounds…) and a trial in the FtT on the interpretation of service charge re-apportionment clauses in leases at a large development in London.
James Hall and William Golightly are continuing to work on the mammoth accidental charge discharge case, the sixth and final hearing in which should take place in February. Meanwhile, James has been instructed in another accidental charge discharge case, this time for the lender. The gift that keeps on giving! And James also has a trial coming up shortly relates to breach of trust and breach of undertakings by two firms of solicitors in a bridging loan transaction involving a charity.
Brie Stevens-Hoare KC is busy thinking about valuation for overage payments and the presumption a tenant adversely possesses for their landlord ahead of an FtT trial. She is also up to her neck in drains and leaky basements. She has obviously forgotten all about last week’s trip to the Supreme Court. Onwards and upwards…
Philip Marriott had a busy return from the festive break with a two-day TOLATA trial. Since then, he has been in court on a range of housing matters, including Anti-Social Behaviour Injunctions and claims against trespassers, and advised on settlement of a claim by a mortgagor for the sale of property at an undervalue.
John Clargo has been dealing with dissolved companies, business lease renewals, forfeiture and even some residential possession work.
John de Waal KC continues to be busy mediating – rights of way and a claim for an account in relation to rent received from commercial property this month.
Laura Tweedy is enjoying a month’s break from editing this newsletter – thanks Victoria! She is thankful to finally have the transcript of her case (which she worked on with Gemma de Cordova) which she believes might be the first case finding that flying drones over private land is trespass. In other news she is continuing to develop her mediation practice and has been dealing with the law relating to guardians, boats, service charge and mobile homes! All good fun.
Charlotte John is kicking off the year with an exciting run of TOLATA cases, ranging from the more quotidian end of the spectrum to the spectacularly complex necessitating schedules and flow charts to follow and trace funds (imagine her as a sleuth standing in front of her detective pin board plotting the connections with pink string and you get the general vibe).
Daniel Gatty’s 2024 began with a torrent of deadlines. It turns out that he was too free before Xmas with promises to get things done at the beginning of January! So he has been busy with cases concerning such diverse topics as solicitors’ liability, (alleged) misrepresentation by vendors of a house and disregards when ascertaining rent under 1954 Act renewal leases.
Cameron Stocks’ January was spent wistfully gazing out of a hotel room across the surf and the sandy beaches…. of Southend-on-Sea whilst enduring a 5-day neighbour dispute full of twists and turns. For the rest of the month Cameron has enjoyed a spot of diving…. into issues of dispensation for fire safety remediation works and challenges to reasonableness.
Victoria Dacie-Lombardo has had a busy month and is currently working on a dispute concerning statutory penalties for breaches of the Housing Act 2004 and a counterclaim in misrepresentation. She has also continued her tour of the County Courts in and around the M25 dealing with the usual run of possession cases and was recently successful in securing a healthy indemnity costs award for a landlord client.
Kat Mather has welcomed her second son, Oscar. They are home and recovering well and big brother Jasper has taken to his new role with gusto trying to share all his toys and food with bubba!