Activity Report – What we have been up to
Brie Stevens-Hoare QC has arrived back from her “interesting” but uncomfortable trip around the 5 Stans. She’s delighted to be back at work. Is that because she was back to collect judgments in both Vastint v Persons Unknown (quia timet injunctions) and Reiner v Triplark (parting with possession and consent to assignments when RTM is in place [see below])? Or maybe it was joining the other Freehold board members collecting the “Outstanding Achievement in Property” award given to Freehold.
James Hall has been dealing with some truly wacky/niche/fringe stuff this month, including: Inclosure awards and village greens (again) and prof neg arising out of attempted IHT mitigation by way of the transfer of the beneficial interest in a substantial real property into an Estate Protection Trust.
In September Andy Creer drafted an application in the UT in respect of the New Code (Sch3 of the Electronic Communications Act 2003, as amended), attended a mediation on a misrepresentation claim arising from knotweed affecting a property contrary to statement in the TA6 and advised on riparian rights.
Daniel Gatty had a mortgage-ish sort of a month featuring the other side’s appeal arising from a trial about one mortgage and preparation for a trial about another mortgage – which annoyingly was adjourned on the day beforehand for want of a judge. Plus the usual advisory work about commercial L & T and real property issues.
When not attending a Mediator Training Course, Andrew Skelly was seeking enforcement of the schedule terms of a Tomlin Order where a Defendant had failed to execute a legal charge relating to agreed damages of £100,000, and was back in the FtT for several more service charge disputes.
Alastair Redpath-Stevens has had a month of service charge disputes, service occupier issues, urgent pleadings, watching cases being listed and then de-listed, pondering alleged immoral and illegal user and immersing himself in the Inclosure Acts and the Malvern Hills Acts 1884-1995.
As well as a pleasant 3 days in Brighton on a FtT challenge to the cost of a £3.3m major works project, Simon Allison has been advising on restrictive covenants, commercial service charges, ground rent rent reviews, options where a tenant had gone into administration, and on various aspects of the operation of the Fire Safety Order.
Lina Mattsson loves pouring over old deeds, so has had an exciting month dealing mainly with boundary disputes, mixed with some adverse possession and easements. Been an excellent cure for her holiday blues.
Morayo Fagborun Bennett has been dealing with HMO licence violations and obtaining possession orders & injunctions to tackle ASB against housing association staff members.
Rupert Higgins has been advising on an injunction restraining a residential leaseholder from carrying out works of alteration without the consent of the landlord, and without a Party Wall Award.
Amanda Eilledge has been advising on company law issues in leasehold management companies, boundary disputes and specific performance of an agreement to remove a restriction from the Land Registry.
Peter Petts is sojourning in Calvados. The region and its produce.
John de Waal QC has been advising in relation to the recovery of deposits in contracts for the sale of land that have been rescinded.
Laura Tweedy has been enjoying advising in relation to property offences and attending court on anti-social behaviour cases. That mixed with a lot of forfeiture work has made for a busy summer.
Cameron Stocks’s September started with a week on an island in the Orkney’s with a population of 300. Upon his return to civilisation, Cameron dealt with various tenancy deposit and mortgage possession matters, finishing off the month acting for a tenant in a trial concerning the grant of a tenancy by deception for a failure to declare £106,000 on an application for social housing.
And finally, this month Jamal Demachkie has been dealing with warring doctors (against Daniel Gatty) and warring families (against Clare Anslow). He also been preparing for a messy 54 Act renewal, only to have the two-day trial pulled by Central London a few hours before it was due to start. C’est la vie.