Activity report – what have our team been up to?
James Hall has been dealing with some interesting equity release mortgage cases and has his usual slew of property-related prof neg matters, as well as enjoying his EDI role where (maybe) he gets to make a real difference!
William Golightly has had a busy month with possession claims, advising on agricultural worker tenancies and wrapping his head around the (finally to be introduced) Renting Homes (Wales) Act 2016, whilst squeezing in as many birthday parties as possible on turning 30.
Cameron Stocks has had a travel heavy month which involved obtaining summary judgment in a matter involving an alleged fraudulently signed AGA in Derby, resisting alleged mortgage fraud in Romford and resisting permission to appeal in the High Court in a long running boundary dispute in Christchurch. The month was topped off with a relief from forfeiture application in Liverpool which involved 49 defendants and 11 counsel (including Lina Mattson) attending for a 30-minute possession hearing.
Peter Petts has been dealing with the nuances of paying for occupation, or non-occupation, of property pending an application for relief from forfeiture, and the distinction between relief under s. 146(2) and vesting under s. 146(4).
Jamal Demachkie has had a busy month advising on options and easements. But the highlight has been a rare ’54 Act lease renewal concerning rent payable under the new lease, with arguments on the perennial issue of whether the court should make an adjustment for an assumed fitting-out period (judgment is awaited).
Despite sometime in Cornwall Brie Stevens-Hoare KC has been busy appearing in front of many and varied courts – before a DJ and 5 Supreme Court Judges. She’s been dealing with more Strata interests in Cayman, restrictive covenants, rental value in a 54 Act renewal and certification in commercial service charges. Brie swears variety is the spice of life so she’s been enjoying it all.
Laura Tweedy has had a really interesting month nearly going to trial in a three day trusts of the family home matter involving TOLATA, validity of deeds, common intention constructive trusts and rectification. All settled last minute and she was disappointed not to stretch her cross-examination muscles but it was the right thing for the client, she supposes. She has also been advising and in trial on a number of harassment cases and has been uncovering the interesting world of property guardianship – apparently you can live in Marylebone for only a few hundred quid a month (and still not pay the rent of course)! Who wants the details?
In a month with a residential property disputes bent, Andrew Skelly was relieved finally to receive judgment in a boundary dispute trial in which the evidence concluded in May 2021 – that’s right, 2021 – and where closing submissions were made in October 2021 – yes, still 2021. Another long-running boundary dispute, which one party thought they had conceded pre-action, was finally settled at an on-site, round table WP meeting. Andrew also finished a remote trial in an adverse possession claim, in a case which it had been thought was settled at mediation in 2019, but the terms of which were “subject to contract” (and, almost inevitably, there was subsequently no contract!). Finally, Andrew successfully resisted an application to vary the terms of the schedule to a Tomlin Order by which the parties had settled a ToLATA matter.
Lina Mattsson has had a month of advising on dilapidations of a skateboard park, overage clauses and dealing with various acrimonious boundary disputes, including committal proceedings involving allegations of arson of the neighbours’ fence. She will soon disappear into a black hole of three back-to-back trials ending on 22 December. Should get Lina into the Christmas spirit!
Rights of way and trusts of land have been the dominant themes in Daniel Gatty’s practice over the last month, but interspersed with a healthy dose of forfeiture, professional (solicitors’) liability and mortgages, amongst other things that are harder to encapsulate in a word or two.