Activity Report – What we have been up to
John de Waal QC has been preparing for trial on the question of whether a default interest provision is an unenforceable penalty.
Jamal Demachkie‘s December and January have involved a succession of claims relating to commercial property – forfeiture, injunctions, and a couple of 54’ Act contested renewals.
Rupert Cohen had a lovely Christmas break (which included 3 days in Copenhagen) and has returned to find his diary groaning with estate rentcharges, misrep claims and a variety of mediations (in which he is the mediator) all of which have rendered the peace and quiet of the Christmas period a distant memory….
John Clargo was dealing mostly with paperwork in December aside from (1) three days in Lincoln seeking, successfully, to enforce a charging order which had been obtained following a trial about a lame horse and (2) a nice break for Christmas.
After advising on rights of pre-emption on a mixed residential / commercial development and shutting down a few pubs just before Christmas, and then a few week’s R&R in Spain, Simon Allison returned to kick off 2018 with a first week reading day by day as: Peterborough, Nottingham, Nottingham, Ventnor (Isle of Wight) and Bromley. Good to be back.
Further to his work in the reported case of Jones v Cheema Steven Woolf acted for the Jones Practice a further time. On this occasion in opposing an attempt by NHSEngland to intervene in the medical practice.
Andrew Skelly had another month advising on the enforceability (or otherwise) of restrictive covenants, in respect of several potential developments.
December saw Andy Creer in the Court of Appeal on a case involving the doctrine of merger which turned on the precise cause of action in a “trespasser possession claim” (see below). She also dealt with the final hearing in a Part 8 claim for an account of monies due under a legal charge and considered how to protect the bank’s security in a case involving a ransom strip.
Rupert Higgins has been considering what use has to be made of property used in connection with the servicing of a bank ATM in order to constitute occupation for the purposes of a business, so as to attract protection under the Landlord and Tenant Act 1954.
After a lovely festive break, James Hall has been dealing with professional negligence in relation to a business tenancy and also trespass in relation to commercial premises.
The rush (or dash) towards Christmas saw Alastair Redpath-Stevens involved in the end of year ritual of the application to commit: bah! Other distractions included some odd (even weird) claims for possession, a civil restraint order, oodles of enormous service charge demands, adverse possession, restrictive covenants, party wall issues, a boundary dispute and other good festive cheer! That said, this year the Law Commission may try to nudge boundary disputes off to mediation: good news for mediators and experts … and probably lawyers too.
Clare Anslow had a busy month with a series of applications and hearings in the High Court alongside the more familiar world of County Court possession hearings, small claims and fast track trials which has seen her travel all over the country; Bournemouth, Norwich, Cardiff and Lincoln to name a few.
When not whale watching off the coast of Tenerife or paragliding from Mount Teide, Cameron Stocks‘s December was predominantly occupied with various possession claims including failed successions, anti-social behaviour and unlawful subletting. Cameron is looking forward to a busy year and predicts that 2018 will finally be the year that the sale of new-build leasehold houses is banned.
Lina Mattsson has a busy start to the New Year with three appeals listed in the next few weeks. She is already planning her next holiday. In between the appeals she is advising on a fraudulent land transaction and conveyancing transactions gone wrong, resulting in numerous boundary and easement disputes between neighbours.
January is shaping up to be a busy month for Katrina Hanstock between TOLATA claims, property damage pleadings and a High Court freezing injunction.
And finally, after a Christmas Day doing a walking dot to dot looking at blue plaques Brie Stevens-Hoare QC has got straight back into a diet… of service charges, expert valuations and restrictive covenants. Starting 2018 as she means to continue Brie was in Court on 3rd January.