Activity Report - what the Hardwicke Property team have been up to
June saw Simon Allison appearing at another Tribunal hearing concerning recovery of the cost of replacing ACM cladding (decision expected shortly), drafting grounds of appeal with a view to over-turning Court of Appeal authority on operation of the Right to Manage statutory scheme, and advising on a case where a number of flats were sold to purchasers notwithstanding that they were subject to unilateral notices protecting potentially subsisting contracts for sale.
Lina Mattsson has been in trial and successfully established that her 84 year old client had the requisite intention to occupy premises under s 30(1)(g) of the 1984 Act. She has also been advising on numerous boundary disputes and prescriptive easements. And no, she did not watch Sweden being thrashed by England!
Charlotte John has spent far too much time thinking about tax this month, which saw her sitting the STEP taxation of trusts and estates paper. When she hasn¹t had her head in a tax textbook, she has been busy advising on breach of trust issues and the rights of beneficiaries to receive information, adverse possession of unregistered land, and a range of constructive trust and proprietary estoppel cases including two farming disputes.
This month Amanda Eilledge has been reading and re-reading Schedule 4 to the Land Registration Act 2002 for 2 different adverse possession cases but is mostly looking forward to her summer holiday in France cycling, drinking red wine and eating cheese.
This month Brie Stevens-Hoare QC seems to be disappearing into Court 10 with alarming regularity seeking injunctions. She has been dealing with a number of interesting issues including the appropriateness of mandatory injunctions, what is and what is not a mandatory injunction and the use of injunctions against unidentifiable persons unknown.
Alastair Redpath-Stevens is firmly of the view that the weather is such that it’s impossible to write anything without agreeing with Cassandra Mortmain that it ought to be done “sitting in the kitchen sink”: sadly, however, he outgrew most sinks (even with draining boards) some time ago. Nevertheless, advisory output has included a number of analyses, opinions and a wee spot of worriting about obscure leasehold extension and enfranchisement points. Oslo beckons…
In addition to the usual diet, Monty Palfrey had three TOLATA claims to advise on in a month together with a minor building dispute involving a property in south-west France. Unfortunately, only the surveyor got to have a site view.
This month Clare Anslow finished her secondment at a housing association and went straight into back-to-back trials in the County Court and FTT. Her most recent FTT case concerned technical issues with service charge demands which took place in a hotel in Essex – where the waiting area was the hotel beer garden. Clare is now looking forward to a week off before a busy August.
James Hall has been advising on an interesting question posed by a local authority as to swapping the use of two pieces of land given the presence of a restrictive covenant, and which also features a charities issue and an Inclosure award from the 19th century which he found via the National Archives!
When not dealing with claims for new business tenancies, Andrew Skelly has been advising on professional negligence and misrepresentation, where a purchaser of a nice little bungalow has discovered that they have actually bought a garage.
Cameron Stocks has spent the majority of the month seconded to a housing association working on a broad range of matters including service charges, boundary disputes, shared ownership leases and overcrowding. When not on secondment, Cameron spent two days in a service charge trial in Birmingham and advised on mortgage terms following the death of a mortgagee.
This month, Jamal Demachkie has been on a tour of the courts and tribunals: A couple of High Court applications, an FTT service charge dispute, an FTT adverse possession claim, two county court trials on injunctive relief, and a Pubs Code arbitration. He also provided a webinar on waiver of the right to forfeit.
And finally, Laura Tweedy is really enjoying her return to work. She’s been dealing with all sorts: Rent Act tenancies, service charges, forfeiture, the current s21 pitfalls, AGAs, injunctions, possessions and everything in between.