Activity report – a selection of what some of us have been up to this month
John de Waal KC has finished a month-long trial for the BMA and is preparing for another long trial in June concerning a dispute between property developers in South Kensington.
Brie Stevens-Hoare KC has been juggling boundary disputes, restrictive covenants, an interesting rectification claim and a couple of wonderfully complicated old-fashioned adverse possession and accretion claims over this last month.
Daniel Gatty’s month has involved everything from forfeiture of a commercial lease to disputed rights of way via private cemeteries (the case about a cemetery in which Daniel succeeded in the High Court last year is making its way towards a hearing in the Court of Appeal) and solicitors’ (alleged) negligence. A veritable smorgasbord of property-themed disputes.
James Hall has been advising, again, in the ultra-niche area of Inclosure Awards, requiring trawling through private Acts of Parliament (not easy to get hold of) from 1801 all the way through to the early twentieth century. Did you know that if you breach any provision of the St Mary’s Nottingham (Nottinghamshire) Inclosure Act 1845 (8 & 9 Vict.) for which no other particular penalty is provided then a magistrate may still fine you £5 (!) for doing so? So says section CLIX of the Act. Yes, all the section numbers are in Roman numerals….
Jamal Demachkie has been sunning himself on holiday and, now back to work, has an exciting month of development disputes and forfeiture to look forward to.
Before setting off to spend much of this month running half marathons or just taking time out in Mallorca and Dubai, Andrew Skelly was successful in a trial in the High Court in Manchester, representing a developer in a claim against Network Rail relating to defective drainage.
Steven Woolf continues his one-man crusade to protect Green Spaces, this time with a planning appeal in Epping and an Injunction in Gloucester. Thankfully, there was a lot of other L&T and property work involving buildings to keep him grounded.
Lina Mattsson has had another month of boundary disputes, including two trials with another two about to kick-off. She has also been advising on restrictive covenants, easements and TOLATA claims. Lina will be celebrating yet another birthday this month – so looking forward to eating a lot of cake!
When not running in Spain (2 runs in 4 weeks including one around the Sherry Winery’s and vineyards in Jerez) Monty Palfrey has been busy advising on the potential options for rent arrear recovery including peaceable re-entry and trying to understand why tenants believe it is a good idea to carry out unauthorised alterations.
David Peachey has been busy on a range of matters ranging from undue influence to agent liability and subsidence, capping it all off with a bit of cross-jurisdictional enforcement.
Laura Tweedy is having a busy month, advising a tenant on recoverability of an insurance shortfall for property reinstatement following a landlord’s breach of repairing covenant, as well as unlawful eviction. She has also been to court on a really interesting pro bono case looking at what will happen to an unmarried couple’s property following relationship breakdown: the law and the facts are particularly gritty/complicated/harrowing so is looking forward to enjoying Pub in the Park this weekend to relax!