Introduction
Welcome to the November 2021 edition of the Property Newsletter from Gatehouse Chambers. The heating is well and truly on, as are layers. A cup of something hot and a comfy chair are now all that is needed, and of course a copy of Peter Petts and Jamal Demachkie’s new book, Forfeiture of Leases, published by The Law Society. Grab your copy here. The editor can very much recommend it – it has already answered a tricky question for him that no other tome could resolve.
Congratulations to our Patrick Sarson, whose fantastic dedication and service to pro bono work has been recognised at the Advocate 2021 Awards!
This month Joshua Griffin discusses the Government’s response to the Law Commission’s project on Updating the Land Registration Act 2002, and Daniel Gatty discusses the judgment in The Royal Parks Ltd and others v Bluebird Boats Ltd [2021] EWHC 2278 (TCC), which considers the distinction between land and chattels.
Charlotte John also spins the wheel of questions for us.
The next newsletter will be in December 2021.
Carl Brewin – Editor
Activity report – a selection of what some of us have been up to this month
John de Waal KC has been instructed in a professional negligence claim against a fellow Silk and is suffering from a severe case of “there but for the grace of God, go I”.
Brie Stevens-Hoare QC escaped to Cornwall for the surf and good food – she’s now back to boundaries, easements, cladding, multiple overlapping development contracts with some adverse possession thrown in.
James Hall has been dealing with professional negligence arising out of a commercial property transaction; the vexed issue of implied assents of equitable interests in property; another professional negligence claim where 9 year old metadata has proved to be the ‘smoking gun’; and the joyous return of in-person BD (drinks) with clients!
Jamal Demachkie’s highlight this month was a very interesting appeal (in a niche-kind of way!) under the 1954 Act concerning the ability of a landlord to issue a claim for the sole purpose of disentitling a tenant to statutory compensation. Jamal (acting for the landlord) was successful on appeal.
Gemma de Cordova is off to a brilliant and busy start in Chambers. Autumn appears to be the season for advising on tricky restrictive covenants and worrying leaks. Gemma has particularly been enjoying getting to know everyone at Gatehouse and meeting clients (both old and new) in person again!
Katrina Mather has spent a large part of October drafting pleadings on a high-value service charge dispute concerning a prestigious W1 development and had her first in-person trial for over a year on a TOLATA/bankruptcy matter – which she won, which is always a bonus!
Cameron Stocks is eagerly awaiting judgment from a 5-day boundary dispute in Bournemouth involving two seaside properties with private jetties into Christchurch Harbour. It is safe to say that Cameron hasn’t missed living in a hotel room and carrying out site visits in 30-degree heat whilst wearing a suit…
Updating the LRA 2002 – what reforms can we expect?
Joshua Griffin discusses the Government’s response to the Law Commission’s project on Updating the Land Registration Act 2002. He worked on the final stages of the project as a research assistant in 2017-2018.
Read the full article here.
A serpentine tale: The Royal Parks Ltd and others v Bluebird Boats Ltd [2021] EWHC 2278 (TCC)
Daniel Gatty discusses the judgment in The Royal Parks Ltd and others v Bluebird Boats Ltd [2021] EWHC 2278 (TCC), which considers the distinction between land and chattels.
Read the full article here.
Did you see? You may have missed Gurusinghe v Drumlin Ltd [2021] UKUT 268 (LC)
Where tenants incorrectly identify their landlord when making an application for a rent repayment order, the First-Tier Tribunal (Property Chamber) has no power to substitute the correct landlord where the 12 month limitation period in the Housing and Planning Act 2016 has expired.
Carl Brewin provides a summary of Gurusinghe v Drumlin Ltd, in which David Hodge QC dismissed the appeal of tenants of a house in multiple occupation who had sought to overturn the refusal of the First-Tier Tribunal to substitute a new respondent to applications for rent repayment orders after the expiry of the limitation period.
Click here to read the summary.
Patrick Sarson wins Advocate Pro Bono Chambers' Professional of the Year 2021
Congratulations to Patrick Sarson, one of our fabulous practice management team, who won Pro Bono Chambers’ Professional of the Year at Advocate’s 2021 Awards alongside Leigh Royall at Spire Barristers.
Patrick is a dedicated advocate of pro bono work. Despite a busy day job as a leading practice manager at Gatehouse Chambers, he not only volunteers at Waterloo Legal Advice Centre but is also the principal conduit in chambers for encouraging members to take on pro bono cases.
Events
Gatehouse Chambers #Brews
The Gatehouse Chambers Team continues to host its #Brew series on Zoom; an informal chat that lets you in to our team’s thoughts and discussion surrounding current issues and practical challenges practitioners and their clients are facing. Look out for a special Christmas Brew on 16th December! Gatehouse Chambers #Brews
Behind the Façade Series (online)
The Construction, Property and Professional Liability Teams at Gatehouse Chambers have joined forces to launch their Behind the Façade series of online talks looking at the issues arising out of façade and cladding claims. The series began in October 2021 and will run until June 2022. Click here to download the full programme.
J2J: Insolvency for Property Lawyers, 15 November 2021, 12pm (online)
Amanda Eilledge and Katrina Mather will be speaking about solutions where insolvency processes interact with everyday work of property lawyers. They will be discussing what you can and can’t do when an insolvency process is instigated and how to recover real property when a company has been dissolved.
Role of Guarantors in Commercial Property Transactions, 23 November 2021, 5.30pm (in person)
We are also hosting a webinar on guarantors and their role in commercial property transactions on Tuesday, 23 November 2021.
Invitations for for all of these events will be circulated in due course. Please contact our Events Team if you have any questions.
Wheel of Questions
Each month, a member of our property team has to spin the ‘Wheel of Questions’ and answer the first three questions that come up. This month, Charlotte John tried her luck with the wheel.
What’s your guilty pleasure?
Oh goodness, I have a litany but perfume shopping probably tops the list. I’ve tried to rationalise this on the basis I am curating a smell library but at last calculation I’d need to live to be about 160 to exhaust the collection. I have a similar approach to stationary (purchasing journals and writing in journals are two separate hobbies).
At what job would you be terrible?
I can answer this with some confidence, having been the world’s worst PA. I switched the ringer off on my phone one lunch time because it was bothering me and forgot to switch it back on again for 3 days.
What’s the best piece of advice you’ve ever been given?
A piece of advice from the deputy head of my secondary school on reframing worries: when something is troubling you, consider how you will feel about this thing in a month’s time, then consider how you will feel in a year’s time. One generally finds that most worries are about transient problems or anticipating a problem that never even materialises.
Want to try for yourself?
Click on the wheel below!
Contact us
If you would like to discuss any of the topics in this newsletter, please contact a member of our Practice Management Team:
James Duncan-Hartill, Practice Director
Patrick Sarson, Practice Manager
Claire Gallacher, 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 Carl Brewin. Comments or queries about this newsletter? Please get in touch with him!
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