Welcome to the March edition of the Property Newsletter from Hardwicke
Daniel Gatty has been in the Court of Appeal fending off an appeal against a judgment he obtained in 2015 for a freeholder that had built a new floor on the top of a block of flats, leading existing lessees to sue alleging structural damage to their flats.
Emily Betts (led by Michael Wheater) succeeded before the Court of Appeal in a case concerning the service regime under the Party Wall Act 1996. Michael and Emily represented Mr Knight, the successful Appellant, and argued that the service regime was permissive so that a method of service could be used, even if it was not expressly stated in the Act.
What an eclectic month for Steven Woolf: Contested Charity Proceedings in Leeds, evicting Travellers in Peterborough fighting off forfeiture in Southend and opposing mortgage possession in Maidstone. Plus the usual mix of paperwork, conferences and even time for a Mediation.
When not battling through the snow to represent his client at a mediation of a dilapidations dispute, Simon Allison has mostly been advising from the comfort of his desk. Topics for this month included lease renewals (validity of notices, redevelopment, the effect of the Pubs Code), service charges (carpets, dispensation, apportionment, communal heating), boundaries, party walls and injunctions for trespass.
John de Waal QC is spending far too much time thinking about cladding.
Jamal Demachkie has spent February with his head in the books – professional negligence, easements, and restrictive covenants; and has had a couple of urgent outings in the interim apps list.
Clare Anslow has had a busy month travelling the length and breadth of Britain dealing with a variety of housing and property matters – so far, Truro has been her longest train journey. She is currently seconded for 2 days a week to a Housing Association, advising on a variety of leasehold and tenancy matters. Next month will see her regularly in the First Tier Tribunal dealing with some unusual service charge matters.
Cameron Stocks‘s February was largely spent in the FtT arguing about major works and administration charges. When not there, Cameron was acting for a local authority seeking an unlawful profits order for unauthorised subletting and advising on damages under the Equality Act 2010 for disability discrimination in possession proceedings.
February has been an exciting month for Katrina Mather, having been instructed on a matter relating to the Carillion liquidation, advising on the effect of winding up proceedings on steps a commercial landlord can take to recover rent arrears and appearing in a contested 1954 Act trial.
This month John Clargo has been involved with business lease renewals, overage, and continued joint ownership/beneficial interest issues. The greatest variety across the month has been in the timing of last minute adjournments by the court: one the night before a hearing, one on the morning of a hearing listed for the afternoon and one at the hearing.
Andrew Skelly had two trials adjourn because the courts did not have a judge available. I was grateful to have had plenty of notice of the adjournments, though, with the court in each case only phoning mid-afternoon on the day before. A third trial, to deal with estate agents’ commission, also went off when the agent filed a notice of discontinuance.
Lina Mattsson has had an exciting outing to the Court of Appeal. Being a sore loser she’s still annoyed about the outcome though (some 3 weeks later…). She’s clings to the fact that her client only lost once they instructed a silk (Lina having won all the way). Other than moping and having the occasional rant about LJ Lewison, Lina has been advising on easements, boundary disputes and damages for unlawful eviction.
Amanda Eilledge has had a good week at MIPIM after a month of tricky trespass claims. She has also been advising in 2 different cases concerning directors who entered into property transactions without authority.