Property & Real Estate Barristers
Articles
Contractual costs and forfeiture clauses: Mayor and Burgesses of the Tower Hamlets London Borough Council v Khan [2022] EWCA Civ 831
28th June 2022
Summary The Council was the Defendant’s landlord. The Defendant’s lease permitted the Council to recover legal costs...
Renters’ Reform: Key Proposals in the “A Fairer Private Rented Sector” White Paper
20th June 2022
Introduction On 16 June 2022, the Department for Levelling Up, Housing and Communities released its White Paper, “A...
In what circumstances can proprietary estoppel defeat an express declaration of trust?
11th May 2022
This was the question before Recorder Midwinter QC on a recent application for permission to appeal in which James...
Residential forfeiture: abandoning a flat with no forwarding address
5th May 2022
It has long been recognised that the law of forfeiture is draconian. In 2006, the Law Commission published a report proposing...
Validity of Notices—Where Are We Now?
7th March 2022
The case of Eastern Pyramid Group Corp SA v Spire House RTM Co Ltd [2021] EWCA Civ 1658 is the latest in a steady stream of...
Barking and Dagenham v Persons Unknown [2022] EWCA Civ 13
24th January 2022
The Wild (Canada) Goose Chase concerning Final Injunctions Against ‘Persons Unknown’ It is rare for a Court of Appeal to...
I’m not telling you, I’m asking you
19th January 2022
It has been a challenging two years for those involved with the letting and management of residential property. The...
New funding proposals for cladding remediation works
13th January 2022
It has long been recognised that there are no clear private law routes for lessees to seek redress for unsafe cladding....
Part 1 – Global 100 v Laleva [2021] EWCA Civ 1835
13th December 2021
Part 1 - A genuine dispute? CPR r.55.8 under the spotlight At a first possession hearing, the court will either decide...
The Commercial Rent (Coronavirus) Bill: A resolution to pandemic rent debts? (Part 3)
19th November 2021
Part 3 – The Code of Practice and the policy behind the Bill This is the final part of our 3-part series on the recent...
The Commercial Rent (Coronavirus) Bill: A resolution to pandemic rent debts? (Part 1)
15th November 2021
On Tuesday 9 November 2021, the Government introduced the Commercial Rent (Coronavirus) Bill (“the Bill”) and a Code of...
Whose land is it anyway? A recent adverse possession case has rendered successful claims even less likely
23rd August 2021
Adverse possession is a legal principle whereby a person who does not have legal title can become the owner of land by being...